BETA

2867 Amendments of Sandro GOZI

Amendment 116 #

2024/2000(REG)

Proposal for a decision
Paragraph 2 a (new)
2a. Commits to engage with the Commission to commence a review of the 2010 Framework Agreement on relations between the European Parliament and the European Commission in light of the following amendments;
2024/02/27
Committee: AFCO
Amendment 127 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 47 – paragraph 3
3. Parliament's resolution shall indicateWhere the President has not referred the proposal to the committee responsible for legal affairs for an opinion on the appropriateness of the legal basis and shall be accompanied by recommendations concerning, the committee responsible for the subject-matter shall request such an opinion from theat content of the required proposalmmittee, which must be delivered in a swift manner.
2024/02/27
Committee: AFCO
Amendment 129 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 47 – paragraph 4
4. WThere a proposal has financial implications, Parliament shall indicate how sufficient financial resources can be provided committee responsible for budgetary issues may provide an opinion on the potential financial implications of the proposal. It shall provide such an opinion if so requested by the committee responsible for the subject-matter. That opinion must be delivered in a swift manner.
2024/02/27
Committee: AFCO
Amendment 133 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 48 – title
ConsiderationReferral of legally binding acts and questions of competence
2024/02/27
Committee: AFCO
Amendment 134 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 48 – paragraph 1
1. The President shall refer proposals for legally binding acts received from other institutions or Member States to the committee responsible, for consideration. The other committee or to up to two committees responsible pursuant to Rule 58 for consideration. The President may at the same time refer proposals to one or more committees for them to draft an opinion pursuant to Rule 56. The other committees and political groups shall be informed of the referral at the same time.
2024/02/27
Committee: AFCO
Amendment 138 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 48 – paragraph 1 a (new)
1a. Within two weeks of the referral, a committee or a political group may challenge the President’s referral to the committee responsible. In such a case, that committee or group shall provide a detailed written justification and a substantiated alternative based on Annex VI at least one week before the next meeting of the Conference of Presidents. The Conference of Presidents may decide to request a recommendation on the matter from the Conference of Committee Chairs. The Conference of Committee Chairs or its Chair shall adopt a recommendation at its next meeting. The Conference of Presidents shall take a decision on the final referral at its earliest possible meeting after the transmission by the Conference of Committee Chairs of its recommendation. If no committee or political group challenges the President’s referral to the committee responsible within the deadline laid down in the first subparagraph, the President’s referral shall be considered to be final.
2024/02/27
Committee: AFCO
Amendment 145 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 48 – paragraph 2
2. In cases of doubt, the President may, before the announcement in Parliament of a referral to the committee responsible, submit a question concerning competence toreferral provided for in paragraph 1, decide to request a recommendation on the question of competence from the Conference of Committee Chairs. The Conference of Committee Chairs or its Chair shall adopt that recommendation at its next meeting. After receiving the recommendation, the President shall make the referral. Political groups shall be informed of the referral at the same time. Within two weeks of the referral, a political group may challenge the President’s referral to a committee responsible. In such a case, that group shall provide a detailed written justification and a substantiated alternative based on Annex VI at least one week before the next meeting of the Conference of Presidents. The Conference of Presidents shall adopt itstake a decision on the basis of a recommendation from the Conference of Committee Chairs, or the chair of the Conference of Committee Chairs, in accordance with Rule 211(2).referral at its earliest possible meeting. If no political group challenges the President’s referral to the committee responsible within the deadline laid down in the first subparagraph, the President’s referral shall be considered to be final
2024/02/27
Committee: AFCO
Amendment 155 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 53 a (new)
Rule 53a Co-rapporteurship 1. Exceptionally, without prejudice to Rule 51(2) and at the request of the committee responsible, the Conference of Presidents may authorise the appointment of maximum two co-rapporteurs. 2. The appointment of co-rapporteurs shall not be authorised under paragraph 1 for reports drawn up by committees jointly under Rule 58, for opinions pursuant to Rule 56 or for own-initiative reports, except for those of a budgetary or institutional nature.
2024/02/27
Committee: AFCO
Amendment 177 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 56 – paragraph 6
6. All opinions and amendments adopted by the opinion-giving committees shall be annexed to the report of the committee responsible.
2024/02/27
Committee: AFCO
Amendment 180 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 56 a (new)
Rule 56a Budgetary assessment on proposals for legally binding acts with budgetary implications 1. Without prejudice to the application of Rule 48, where a proposal for a legally binding act has implications for the Union budget, that proposal shall be referred by the President to the committee responsible for budgetary issues. That committee shall then issue a budgetary assessment of the proposal if it deems it appropriate or if so requested by the committee responsible for the subject- matter. This paragraph is without prejudice to the possibility for the committee responsible for budgetary issues to be authorised to submit opinions pursuant to Rule 56 or to act jointly with one or more committees pursuant to Rule 58. 2. The committee responsible for the subject-matter shall set a deadline within which the budgetary assessment is to be provided. Any changes to the announced timetable shall be immediately communicated to the committee responsible for budgetary issues. The committee responsible for the subject- matter shall not adopt its report before that deadline has expired. 3. In the budgetary assessment, the committee responsible for budgetary issues shall examine whether the proposal for a legally binding act provides for sufficient financial resources, and evaluate the potential impact of the financing proposed on other Union programmes or policies. It shall also determine whether the proposal is compatible with the multiannual financial framework, the system of own resources and the corresponding interinstitutional agreement. Where applicable, the committee responsible for budgetary issues shall also determine whether the proposal is compatible with Parliament’s position on any proposal to amend or replace that framework, that system or that agreement. 4. The budgetary assessment shall consist of an evaluation of the issues of the proposal for a legally-binding act referred to in paragraph 3. The budgetary assessment may, where appropriate, also contain amendments to that proposal covering exclusively those issues referred to in paragraph 3. Amendments on those issues by the committee responsible for the subject-matter shall be inadmissible. The budgetary assessment, including the amendments, shall be integrated into the report as such. 5. Where a budgetary assessment is provided, the committee responsible for the subject-matter and the committee responsible for budgetary issues shall cooperate throughout the procedure to ensure full consistency between policy and budgetary objectives. To this end, they shall invite each other’s rapporteurs to their discussions within Parliament relating to the proposal for a legally binding act, including to the meetings between the rapporteurs and shadow rapporteurs. 6. The amendments contained in the budgetary assessment shall be inserted as such in the amendments tabled to plenary by the committee responsible for the subject-matter if they are compatible with the amendments put to the vote in the latter committee. In the exceptional case where there is an incompatibility, the relevant amendment contained in the budgetary assessment shall be put to the vote in the committee responsible for the subject-matter. If it is then rejected, that amendment may be tabled in plenary by the committee responsible for budgetary issues. In plenary, any such amendment tabled by the committee responsible for budgetary issues shall be put to the vote before any incompatible amendment. 7. Where a budgetary assessment is provided, the negotiating team referred to in Rule 74(1) shall include the rapporteur from the committee responsible for budgetary issues. Where a budgetary assessment is not provided, the committee responsible for the subject-matter may ask the committee responsible for budgetary issues to provide assistance to the negotiating team referred to in Rule 74(1) in relation to the issues referred to in paragraph 3 at any stage of the interinstitutional negotiations.
2024/02/27
Committee: AFCO
Amendment 185 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 58 – paragraph 1
1. When a question ofmatter falls within the competence is referredof two it pursuant to Rule 211, the Conference of Presidents may decide thatcommittees, without the competence of any of them prevailing, the procedure with joint meetings of committees and a joint vote is tomay be applied, provided that: – by virtue of Annex VI, the matter falls indissociably within the competences of several committees; and – it is satisfied that the question is of major importanceursuant to Rule 48 or Rule 54.
2024/02/27
Committee: AFCO
Amendment 200 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 74 – paragraph 1
1. Parliament's negotiating team shall be led by the rapporteur and shall be presided over by the Chair of the committee responsible or by a Vice-Chair designated by the Chair. It shall at leastf neither the Chair nor a Vice-Chair can attend a specific negotiation meeting with the Council and the Commission (“trilogue”), the Chair shall inform the President that the negotiating team will be presided over by the rapporteur at that trilogue. Without prejudice to Rule 56a, the negotiating team shall consist of the shadow rapporteurs from each political group that wishes to participate. If a shadow rapporteur is unable to attend a specific trilogue, his or her political group may appoint another Member to replace the shadow rapporteur.
2024/02/27
Committee: AFCO
Amendment 202 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 118 – paragraph 1
1. TIn accordance with Rule 54, the committee responsible may draw up draft recommendations for the Council, for the Commission or for the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on subjects under Title V of the Treaty on European Union (the Union’s external action), or in cases where an international agreement falling within the scope of Rule 114 has not been referred to Parliament or Parliament has not been informed thereof under Rule 115.
2024/02/27
Committee: AFCO
Amendment 203 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 118 – paragraph 6
6. Recommendations shall be deemed to have been adopted unless, before the beginning of the part-session, a political group or Members reaching at least the low threshold submit a written objection. Where such an objection is submitted, the committee's draft recommendations shall be included on the agenda of the same part- session. Such recommendations shallmay be the subject of a debate, and any amendment tabled by a political group or Members reaching at least the low threshold shall be put to the vote.
2024/02/27
Committee: AFCO
Amendment 206 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 133 a (new)
Rule 133a Statements explaining the use of Article 122 of the Treaty on the Functioning of the European Union as a legal basis 1. When the Commission plans to adopt a proposal for a legal act based on Article 122 of the Treaty on the Functioning of the European Union, the President shall invite the President of the Commission to make a statement to Parliament explaining the reasons for the choice of that legal basis, as well as outlining the main objectives and elements of the proposal. The statement shall be included in the draft agenda of the first part- session following the adoption of the proposal by the Commission, unless the Conference of Presidents decides otherwise. The Conference of Presidents shall decide whether the statement is to be followed by a debate. Rule 132(2) to (8) concerning the tabling and voting of motions for resolutions shall apply mutatis mutandis. When such statement is not placed on the agenda of the first part-session following the adoption of the proposal mentioned in the first subparagraph, the committee responsible for the subject-matter shall invite the Commissioner responsible to provide the information referred to above at one of its forthcoming meetings. 2. The President shall refer the proposal to the committee responsible for legal affairs for verification of the legal basis. If that committee decides to question the validity, or the appropriateness, of the legal basis, it shall report its conclusions to Parliament, if necessary orally. Rule 149(3) to (5) shall apply. 3. When a proposal for a legal act based on Article 122 of the Treaty on the Functioning of the European Union has potential appreciable implications for the Union budget, Parliament shall request that the procedure of budgetary scrutiny provided for in the joint declaration of the European Parliament, the Council and the Commission27a be initiated. Parliament’s delegation to the Joint Committee provided for in the joint declaration referred to in the first subparagraph shall be made up of one member of its committee responsible for budgetary issues from each political group and one member from any committee responsible for the subject- matter. 4. At the earliest three months after the entry into force of the legal act based on Article 122 of the Treaty on the Functioning of the European Union and at appropriate intervals thereafter, the President shall invite the Commissioner responsible to make a statement to Parliament reporting on the implementation of the legal act concerned and on the necessity to maintain its provisions in light of the requirements of the Treaties. The procedure set forth in paragraph 1 shall apply mutatis mutandis. _________________ 27a OJ C 444 I, 22.12.2020, p. 5.
2024/02/27
Committee: AFCO
Amendment 220 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule - 136 (new)
Rule -136 Special scrutiny hearings 1. In order to question one or more Commissioners, or any other relevant person, on an issue of major political importance, the Conference of Presidents may, upon a proposal by the President, by a committee or by Members or a political group or groups reaching at least the medium threshold, convene at short notice a special scrutiny hearing. 2. The Conference of Presidents shall determine the number of Members to be appointed for a given special scrutiny hearing by the political groups and the non-attached Members. Where relevant, political groups shall ensure that the committees concerned are duly represented. 3. A special scrutiny hearing shall be chaired by the President or, by delegation, by one of the Vice-Presidents. It shall be entirely public unless decided otherwise by the Conference of Presidents. 4. The speaking time allocated to a political group shall be treated as a block. Each political group shall distribute the speaking time within its block between those of its members who are participating in the hearing. Speaking time allocated to non-attached Members shall not be treated as a block. . 5. Following the conclusion of the special scrutiny hearing, its Chair may submit to the Conference of Presidents written recommendations on behalf of Members who participated at the hearing.
2024/02/27
Committee: AFCO
Amendment 222 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 137 – paragraph 1
1. Question Time with one or more Commissioners may be held at each part- session for a duration of up to about 90 minutes on one or more themes to be decided upon by the Conference of Presidents in advance. The Conference of Presidents may decide in advance on one or more themes, and at the latest on the Thursday before the relevant part-session.
2024/02/27
Committee: AFCO
Amendment 223 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 137 – paragraph 3
3. Question Time may also be held, under the terms laid down in paragraph 1, with the President of the European Council, with the Presidency of the Council, with the President of the Commission, with the entire college of Commissioners or specific categories of Commissioners, with the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy and with the President of the Eurogroup and other relevant representatives of Union institutions and bodies.
2024/02/27
Committee: AFCO
Amendment 229 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 158 – paragraph 1
1. At the beginning of each part- session, Parliament shall adopt its agenda. Amendments to the final draft agenda may be proposed by a committee, a political group or Members reaching at least the low threshold. Any such proposalamendments must be received by the President at least one hour before the opening of the part-session. Any such amendment shall be inadmissible if a similar amendment to the draft agenda was rejected by the Conference of Presidents. The President may give the floor to the mover and to one speaker against, and in each case for not more than one minute. In order to be adopted, any such amendment shall require a majority of the votes cast.
2024/02/27
Committee: AFCO
Amendment 235 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 160 a (new)
Rule 160a Debates on specific matters of interest to the European Union - Parliament’s statement 1. Parliament may place debates on specific matters of interest to the European Union on the agenda, in accordance with Rules 157 and 158. 2. Rule 132(2) to (8) concerning the tabling and voting of motions for resolutions shall apply mutatis mutandis.
2024/02/27
Committee: AFCO
Amendment 255 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 207 a (new)
Rule 207a Ad-hoc temporary committees with legislative competences 1. When it results from the procedure in Rule 48 that a matter falls within the competence of more than two committees, without the competence of any committee prevailing, the Conference of Presidents may, on the basis of a recommendation by the Conference of Committee Chairs, propose to Parliament the setting up of an ad-hoc temporary committee with legislative competences to deal with specific proposals for a legally binding act or a pre-legislative strategic document. The recommendation by the Conference of Committee Chairs shall indicate the committees responsible for scrutiny of the implementation of the legislation. 2. The numerical strength of an ad-hoc temporary committee with legislative competences shall be decided by Parliament, based on a proposal by the Conference of Presidents. Its term of office shall run from the date of its constitutive meeting until the adoption of a legally binding act, without prejudice to the need for scrutiny activities. In the case of a pre-legislative strategic document, its term of office shall run from the date of its constitutive meeting until the adoption of the report in plenary. Members of an ad-hoc temporary committee with legislative competences shall be appointed by the political groups and the non- attached Members, drawing from the members and substitute members of the committees involved. The Conference of Presidents shall decide whether one or more rapporteurs are to be appointed at the same time that the proposal is taken to set up the committee. 3. Other committees shall not be authorised to deliver opinions pursuant to Rule 56. 4. Ad-hoc temporary committees with legislative competences shall not have the right to deliver opinions to other committees.
2024/02/27
Committee: AFCO
Amendment 264 #

2024/2000(REG)

Parliament’s Rules of Procedure
Rule 223 – paragraph 3
3. The bureaux of the delegations shall be constituted in accordance with the procedure laid down for the committee bureaux in Rule 213. When nominating a Chair of a delegation, political groups may as well take into account membership of the committee responsible for foreign affairs, of the committee responsible for development, or of the committee responsible for international trade.
2024/02/27
Committee: AFCO
Amendment 29 #

2023/2114(INI)

Motion for a resolution
Citation 7 a (new)
– Having regard to its resolution of xx yy 2023 on proposals of the European Parliament for the amendment of the Treaties,
2023/11/20
Committee: AFETAFCO
Amendment 31 #

2023/2114(INI)

Motion for a resolution
Citation 7 b (new)
– Having regard to the report on the final outcome of the Conference on the Future of Europe,
2023/11/20
Committee: AFETAFCO
Amendment 100 #

2023/2114(INI)

Motion for a resolution
Recital C
C. whereas accession to the EU must always be a merit-based procedure whereby each applicant is assessed on their own merit in fulfilling the Copenhagen criteria, in particular those of ensuring full respect for human rights, democracy and the rule of law; whereas positive outcomes should be sought as quickly as possible, while avoiding fast-tracking or counterproductive fixed deadlines;
2023/11/20
Committee: AFETAFCO
Amendment 123 #

2023/2114(INI)

Motion for a resolution
Recital D
D. whereas the parallel processes of widenenlarging and deepening the Union must go hand in hand;
2023/11/20
Committee: AFETAFCO
Amendment 158 #

2023/2114(INI)

Motion for a resolution
Recital H
H. whereas under the current institutional framework, the EU already faces considerable challenges in delivering effective crisis management and strategic decision- making; whereas it is clear that the EU institutions and decision-making mechanisms were not designed for a Union that could be composed of up to 37 Member States; whereas before the next enlargement takes place, significant pre- enlargement reforms are needed to guarantee that the EU is able to absorb new members and to promote their successful integration; whereas this implies significant changes in the EU’s institutional framework, including to decision-making procedures, and the possible introduction of differentiated integration solutions; whereas in order to achieve this, the EU should take full advantage of the flexibility afforded by the Treaty of Lisbon and consider the possibility of treaty change, including via adaptations introduced by the accession tre’s current institutional framework, and in particular its decision-making procedures, especially in the Council, is barely adequate for a Union of 27 Staties;
2023/11/20
Committee: AFETAFCO
Amendment 173 #

2023/2114(INI)

Motion for a resolution
Recital H a (new)
H a. Whereas the Conference on the Future of Europe called on the EU to agree on a strong vision and a common strategy to consolidate the unity and decision taking capacity of the EU in view of future enlargement; whereas the Conference also recommended that the EU‘s decision-making processes should be reviewed before allowing the accession of new Member States; whereas the final report advances as well specific proposals aiming at strengthening European democracy, and at improving the EU’s decision-making process in order to ensure the EU’s capability to act; whereas many of these proposals are only possible to implement if there are changes to the Treaties;
2023/11/20
Committee: AFETAFCO
Amendment 175 #

2023/2114(INI)

Motion for a resolution
Recital H b (new)
H b. Whereas before the next enlargement takes place, significant reforms of its governance are needed to guarantee that the EU is able to absorb new members and to promote their successful integration; whereas this implies significant changes in the EU’s institutional framework, including to decision-making procedures, and the possible introduction of differentiated integration solutions; whereas in order to achieve this, the EU should carry out an ambitious revision of the Treaties, while taking full advantage of the flexibilities afforded by the Treaty of Lisbon in the short-term; Whereas the reform of the EU’s governance through Treaty change should be adopted and enter into legal force well in time for the EU’s prospective enlargement, i.e. before 2030;
2023/11/20
Committee: AFETAFCO
Amendment 178 #

2023/2114(INI)

Motion for a resolution
Recital I
I. whereas the Union’s credibility and ability to act in a timely and effective manner depends on efficient decision- making, and even more so in an enlarged EU of 30 or more Member States; whereas efficient decision-making leading to timely and coordinated internal and external action is vital for safeguarding the EU’s interests and its global geopolitical leadership; whereas a deep reform of the EU’s governance structures, with simplified decision-making procedures, must be discussed and adopted in parallel with the ongoing accession negotiations is a necessary precondition for the proper and efficient functioning of an enlarged European Union; whereas amending the Treaties is necessary, not as an end in itself, but in the interest of the sustainability and resilience of the European project in the years to come;
2023/11/20
Committee: AFETAFCO
Amendment 191 #

2023/2114(INI)

Motion for a resolution
Recital I a (new)
I a. whereas the decision-making in the Union must also be reformed to maintain and strengthen the EU’s democratic legitimacy, among others through an institutional set-up that more accurately reflects a bicameral system;
2023/11/20
Committee: AFETAFCO
Amendment 193 #

2023/2114(INI)

Motion for a resolution
Recital I b (new)
I b. Whereas Parliament has activated the Treaty revision procedure and has submitted proposals for the amendment of the Treaties to the Council in accordance with Article 48(2) TEU;
2023/11/20
Committee: AFETAFCO
Amendment 203 #

2023/2114(INI)

Motion for a resolution
Recital K
K. whereas enlargement is also a major challenge for EU’s financial sustainability, in particular regarding cohesion and agriculture policies; whereas the current and the next multiannual financial frameworks should be strengthened considerably and their governance overhauled to enable EU enlargement,; whereas this financial groundwork must be in place before enlargement takes place; whereas the projected budgetary impact of the prospective enlargement should be countered through increased EU budgetary autonomy, including by the phasing out of national contributions and the creation of new own resources;
2023/11/20
Committee: AFETAFCO
Amendment 259 #

2023/2114(INI)

Motion for a resolution
Paragraph 2
2. Believes that enlargement is of the utmost strategic importance for the EU, and all the more so in the face of Russia’s war of aggression against Ukraine; stresses that an enhanced enlargement policy has become one of the strongest geopolitical tools at the EU’s disposal; points out that enlargement is a strategic investment in peace, security and prosperity, as well as a driver for democracy and European values on the continent;
2023/11/20
Committee: AFETAFCO
Amendment 293 #

2023/2114(INI)

Motion for a resolution
Paragraph 4
4. Underlines that accession to the EU must always be a merit-based procedure and that each applicant must be assessed on their own merit in fulfilling the Copenhagen criteria and in ensuring full respect for human rights, democracy and the rule of law; stresses that while positive outcomes should be sought as quickly as possible, there should be no fast-track or fixed deadlines for membership; underscores that there can be no short-cuts on fundamental values; points out that alignment with the common foreign and security policy is also a way of showing full adherence to the EU’s fundamental principles and an important indicator for sustainable future membership;
2023/11/20
Committee: AFETAFCO
Amendment 336 #

2023/2114(INI)

Motion for a resolution
Paragraph 6
6. Considers that there is a need for stronger parliamentary oversight of the EU’s enlargement policy; insists on strengthening the role of Parliament throughout the entire accession process, including allowing it to scrutinise fully the progress made by the candidate countries across policy fields; underlines thatCommits to undertake regular dialogue and cooperation between the European Parliament andwith the national parliaments of candidate countries should be encouraged;
2023/11/20
Committee: AFETAFCO
Amendment 340 #

2023/2114(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Stresses the importance of bolstering the democratic legitimacy of EU policies by reinforcing the European Parliament’s decision-making and scrutiny rights; reiterates, therefore, its calls to grant the European Parliament a general and direct right of legislative initiative;
2023/11/20
Committee: AFETAFCO
Amendment 349 #

2023/2114(INI)

Motion for a resolution
Paragraph 7
7. Believes that the challenge of a bigger Union requires an enhanced enlargement policy putting in place a clear incremental pathway towards EU membership, including gradual integration into common policies and to the Single Market; notes that this pathway should be accompanied by increased technical and conditional financial assistance with a special focus on the implementation and enforcement of laws under negotiating chapters 23, 24, 30 and 31; invites the Commission to present detailed proposals on the incremental accession methodology; underlines that the phasing-in of candidate countries into selected policy areas is by no means an alternative to fully-fledged membership;
2023/11/20
Committee: AFETAFCO
Amendment 358 #

2023/2114(INI)

Motion for a resolution
Paragraph 8
8. Stresses that European institutional Underlines that the deepening and enlargement of the Union must go hand financial reforms to promote good governance, functionality and sustainability are needed to ensure the EU’s capacity to absorb new members and to promote their successful integration hand; stresses that the accession of new Member States can only take place if the EU’s institutional setup is first revised and made fit for purpose through Treaty change, with a view to reform the Union to unify the continent;
2023/11/20
Committee: AFETAFCO
Amendment 362 #

2023/2114(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Stresses that European institutional and financial reforms to promote good governance, functionality and sustainability are needed to ensure the EU’s capacity to absorb new members and to promote their successful integration;
2023/11/20
Committee: AFETAFCO
Amendment 367 #

2023/2114(INI)

Motion for a resolution
Paragraph 9
9. Observes that the adoption of decisions by unanimity under the current Treaties increasingly prevents the EU from being a geopolitical player; Points out that European institutional reforms must include simplified and more efficient decision-making procedursses, moving away fromabolishing unanimity and replacing it with qualified majority voting provisions, and significantly increasing the number of areas where the ordinary legislative procedure applies, namely in areas such as the protection of democracy, human rights and the rule of law, budgetary policy, sanctions and relevant foreign policy decisions;
2023/11/20
Committee: AFETAFCO
Amendment 390 #

2023/2114(INI)

Motion for a resolution
Paragraph 10
10. Calls for the mechanisms to protect the rule of law and the EU’s fundamental principles and values, including the Art. 7 TEU procedure, and the monitoring capacity to ensure compliance, to be strengthened ahead of the next enlargement;
2023/11/20
Committee: AFETAFCO
Amendment 398 #

2023/2114(INI)

Motion for a resolution
Paragraph 11
11. Believes that differentiated integration is part of the solution for an efficient and deepened enlarged EU; Calls on the EU institutions and on Member States to develop the EU along “concentric circles” of European integration, each entailing a diverse set of rights and duties; Welcomes in this respect the launch of the European Political Community, which constitutes the “external circle” built around the EU; underlines, however, that respect for the Union’s values as set out in Article 2 TEU should not be subject to any derogations or opt- outs; considers also that a broad area of European common ground must always be ensured, covering areas such as the Customs Union, the single market and its four freedoms, the core social acquis, and agricultural, competition and trade policies; notes that beyond this common ground, Member States willing to move European integration forwardand pending the entry into force of amendments to the Treaties, Member States willing to move European integration forward in a wider array of policy areas and to constitute an “inner circle” should be allowed to do so; underlines that under such a system of differentiated integration, while all Member States would take part in decisions about issues in the area of common ground, only Member States willing to participate in areas of deepened integration would take part in the decisions concerned; notes that differentiated integration also implies differentiated financial arrangements;
2023/11/20
Committee: AFETAFCO
Amendment 406 #

2023/2114(INI)

Motion for a resolution
Paragraph 12
12. Calls for the full use of the flexibility provided for in the Treaty of Lisbon ahead of a more in-depth reform in the context of a possible revision of, pending the entry into force of changes to the tTreaties; recalls that a number of flexibility solutioninstruments, such as passerelle clauses, enhanced cooperation, Permanent Structured Cooperation (PESCO), constructive abstentions and opt- out mechanisms are already possible under the current EU legal framework, as the experience of the Schengen area and the euro area clearly shows; recalls that phasing-in solutions, temporary derogations and transition periods can be negotiated in the context of accession procedures; points out that the use of these flexibility mechanisms should not prevent constructive discussions on treaty revisRegrets however that, in spite of repeated calls, these instruments to streamline the decision-making process, remain unused due to inherent flaws and a lack of political will; underlines that the use of these instruments should not slow down the treaty revision procedure, as triggered by Parliament; recalls that phasing-in solutions, temporary derogation,s as proposed by Parliamentnd transition periods can be negotiated in the context of accession procedures;
2023/11/20
Committee: AFETAFCO
Amendment 421 #

2023/2114(INI)

Motion for a resolution
Paragraph 13
13. Notes that institutional pre- enlargement reforms must also address the implications of enlargement on the composition of Parliament; recalls that the European Parliament is already one of the largest parliaments in the world and underlines that in any case it must remain at a workable scale; points out, however, that a reasonable increase in the size of Parliament cannot be ruled out in order to ensure sufficient democratic representativeness; insists on a new system for seat allocation based on a permanent mathematical formula;
2023/11/20
Committee: AFETAFCO
Amendment 435 #

2023/2114(INI)

Motion for a resolution
Paragraph 14
14. Points out that the functioning of the Council should also be reviewed in view of enlargement, in particular the system of rotating presidencies of the Council of the European Union; notunderlines that the calculation of qualified majority voting thresholds should also be reconsideredbe redefined as at least 2/3 of the members of the Council representing at least 50% of the population;
2023/11/20
Committee: AFETAFCO
Amendment 439 #

2023/2114(INI)

Motion for a resolution
Paragraph 15
15. Notes that the composition of the Commission must take into account enlargement and recalls in this regard the flexibility provided for in the Treaty of LisbonIs of the view that the proper functioning of an enlarged EU requires as well the institutional restructuring of the European Commission, namely through the overcoming of the principle of one Commissioner per Member State; Calls in this respect for the reduction in the size of the College to 15 Commissioners, with a view to ensure high effectiveness and responsiveness, other than a more efficient distribution of portfolios; Highlights that the future Treaty revision shall ensure a demographically and geographically balanced composition of the College;
2023/11/20
Committee: AFETAFCO
Amendment 455 #

2023/2114(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Reiterates its call to revise the treaties in order to extend the ordinary legislative procedures to negotiations on the Multiannual Financial Framework and on the Decision on own resources; is of the view that the acceleration in the phasing out of national contributions to the EU budget through the creation of new own resources might mitigate redistributive shocks caused by the accession of new Members, and make the EU MFF more resilient, flexible and fit for purpose;
2023/11/20
Committee: AFETAFCO
Amendment 478 #

2023/2114(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Points to the pending Article 48(2) procedure and its proposals for the amendment of the Treaties; calls on the European Council and its President to agree to examine these amendments and to convene a convention; stresses that this convention should be held as soon as possible following the start of the new parliamentary mandate and in any case well on time to ensure the amended EU institutional framework can enter into legal force before the EU’s prospective enlargement, i.e. before 2030;
2023/11/20
Committee: AFETAFCO
Amendment 3 #

2023/2104(INL)

Motion for a resolution
Citation 6 a (new)
– having regard to its resolutions of 9 June 2022 on the call for a Convention for the revision of the Treaties, and of 22 November 2023 on proposals of the European Parliament for the amendment of the Treaties,
2024/02/21
Committee: AFCO
Amendment 4 #

2023/2104(INL)

Motion for a resolution
Citation 6 b (new)
– having regard to the European Council Conclusions of 14 and 15 December 2023,
2024/02/21
Committee: AFCO
Amendment 5 #

2023/2104(INL)

Motion for a resolution
Citation 6 c (new)
– having regard to the Enlargement Package adopted by the European Commission on 8 November 2023,
2024/02/21
Committee: AFCO
Amendment 6 #

2023/2104(INL)

Motion for a resolution
Citation 6 d (new)
– having regard to its resolution of 28 February 2024 on deepening EU integration in view of future enlargement,
2024/02/21
Committee: AFCO
Amendment 14 #

2023/2104(INL)

Motion for a resolution
Recital E
E. whereas the basis for the calculation of the number of seats per member states is to be based on Eurostat data on these member states’ resident population in accordance with a method established by means of Regulation (EU) No 1260/2013 of the European Parliament and of the Council ; whereas the calculationfigures includes mobile EU citizens;
2024/02/21
Committee: AFCO
Amendment 16 #

2023/2104(INL)

Motion for a resolution
Recital F
F. whereas the European Council has repeatedly requested that Parliament proposeon several occasions outlined the benefits of an objective, fair, durable and transparentclear method to allocate the seats in the European Parliament ; whereas, despite considering the issue , Parliament has not put forward a proposal for such an allocation method so far; whereas there is a renewed call for Parliament to present a proposal as European Council Decision (EU) 2023/2061 of 22 September 2023 establishing the composition of the European Parliament requests that by the end of 2026 and in advance of the proposal on its composition, the European Parliament should propose an objective, fair, durable and transparParliament, in its legislative resolution of 15 June 2023 on the composition of the European Parliament, committed to resume works on a permanent seat allocation method implementing the principle of degressive proportionality, without prejudice to the institutions’ prerogatives under the Treaties; whereas the European Council Decision (EU) 2023/2061 of 22 September 2023 establishing the Composition of the European Parliament, further states that, taking into account the impact of possible future developments, such a method should safeguard a sustainable maximum number of members of the European Parliament;
2024/02/21
Committee: AFCO
Amendment 21 #

2023/2104(INL)

Motion for a resolution
Recital G
G. whereas European Council Decision (EU) 2023/2061 of 22 September 2023 establishing the composition of the European Parliament for the 2024-2029 legislative term increases the size of Parliament from 705 to 720 members; whereas the Treaty currently sets an upper limit of 751 members; whereas the current solution used to avoid seat losses by individual member states of tapping into the remaining reserve of seats until the upper limit is reached is neitherot sustainable nor contributes to a more equitable allocation of seats; whereas this situation underlines the need for an agreementthe reopening of discussions on an objective, fair, durable and transparentclear seat allocation method;
2024/02/21
Committee: AFCO
Amendment 26 #

2023/2104(INL)

Motion for a resolution
Recital I
I. whereas further to these principles, a future seat allocation method should be objective, and transparentclear in terms of procedural application and data used, fair in terms of the equality of votes, and durable with respect to its application irrespective ofadaptable to variations in the populations of the Member States, and the number of Member States, and the total number of EP seatsEP seats Parliament aims at using;
2024/02/21
Committee: AFCO
Amendment 29 #

2023/2104(INL)

Motion for a resolution
Recital J
J. whereas it is necessary to ensure that the allocation method is flexible enough to accommodate future EU enlargements and possible changes to applicable Union law, and in particular to the Treaties or EU electoral law;
2024/02/21
Committee: AFCO
Amendment 31 #

2023/2104(INL)

Motion for a resolution
Recital J a (new)
Ja. Whereas compliance with the principle of sincere cooperation, as enshrined in Articles 4.3 and 13.2 TEU, involves mutual efforts towards the attainment of the Union’s objectives; whereas the call on Parliament to identify a permanent system of seat allocation is not matched by similar efforts on the Council side to pursue works on Parliament’s proposal for the reform of the Electoral Law;
2024/02/21
Committee: AFCO
Amendment 33 #

2023/2104(INL)

Motion for a resolution
Recital J a (new)
Ja. whereas the perspective of enlargement imposes an in-depth reform of the Union’s institutional architecture and policies that would affect the composition of the European Parliament;
2024/02/21
Committee: AFCO
Amendment 35 #

2023/2104(INL)

Motion for a resolution
Paragraph 2
2. Welcomes that European Council Decision (EU) 2023/2061 has tasked the Parliament with proposingRecalls that Parliament, in its legislative resolutions of 15 June and of 13 September 2023 has committed to resume works on an objective, fair, durable and transparentclear seat allocation method implementing the principle of degressive proportionality, without prejudice to the prerogatives of the institutions under the Treaties
2024/02/21
Committee: AFCO
Amendment 42 #

2023/2104(INL)

Motion for a resolution
Paragraph 3
3. Points out that Treaty requirementsthe decision-making procedure established by the Treaty, together with political realities, have led to ad hoc negotiated agreements on the composition of the European Parliament every mandate; observes that the reason for the politicisationunanimity vote requirement isn the aim of everyEuropean Council gives Member States incentives to minimise seat losses and maximise seat gains in absolute or relative terms; emphasises that in the last two decisions concerning the allocation of seats, seats were allocated that became available after the United Kingdom left the EU; highlights that, in the long-term, this strategy is not sustainable, given the Treaty limitation of a maximum of 751 seats and the potentially distortive effects of a political solution, rendering an agreement on an equitable allocation in the future more difficultrequest of Parliament to allocate 28 seats to a Union-wide constituency;
2024/02/21
Committee: AFCO
Amendment 44 #

2023/2104(INL)

Motion for a resolution
Paragraph 3 a (new)
3a. Recalls that, in its legislative resolution of 22 November 2023 on proposals of the European Parliament for the amendment of the Treaties, Parliament has proposed amendments to Article 14(2) underlines that these amendments aim at making the composition of the European Parliament Parliament’s competence, subject to the Council’s consent, and at overcoming unanimity voting in the procedures regulating the European Parliament's composition;
2024/02/21
Committee: AFCO
Amendment 45 #

2023/2104(INL)

Motion for a resolution
Paragraph 4
4. Stresses that a seat allocation method offers great potential for providing in the future a permanent system to allocate the seats of the European Parliament in an objective, fair, durable and transparent wayclear way; regrets that, in absence of Treaty changes, the adoption of said allocation method requires an unanimous vote of the European Council;
2024/02/21
Committee: AFCO
Amendment 54 #

2023/2104(INL)

Motion for a resolution
Paragraph 5
5. Stresses that in choosing the most suitable formulaseat allocation system, priority needs to be given to objective and evidence-based criteria; further believes that changes to the relevant Treaty provisions can be considered ;
2024/02/21
Committee: AFCO
Amendment 59 #

2023/2104(INL)

Motion for a resolution
Paragraph 7
7. Notes that the Treaty on European Union Art. 14 (2) lays down a number of numerical criteria for the allocation of seats among Member States, by imposing minimum and maximum limits for the number of seats allocated and by setting the number of MEPs overall; further notes that the Treaty also specifies that the allocation of seats shall be degressively proportional; underlines that any formulaseat allocation system must comply with these criteria;
2024/02/21
Committee: AFCO
Amendment 64 #

2023/2104(INL)

Motion for a resolution
Paragraph 8
8. Underlines that any method chosen should be transparent; continues. therefore.Continues to support using Eurostat data as the official source of population figures for the calculations, which is publicly available; fully supports that the same population figures are used as basis for the calculations on the EP composition and the qualified majority in Council;
2024/02/21
Committee: AFCO
Amendment 72 #

2023/2104(INL)

Motion for a resolution
Paragraph 9
9. Points out that the method chosen should be understandable, avoiding a level of complexity that citizens cannot understandstraightforward, unambiguous, and accessible to EU citizens ;
2024/02/21
Committee: AFCO
Amendment 82 #

2023/2104(INL)

Motion for a resolution
Paragraph 11
11. Is of the opinion that a permanent system based on a formulaallocation mechanism needs to be durable and therefore flexible enough to account for changes in population figures, for future enlargements and for possibleadaptable to changes in population figures, and to changes of applicable legislative provisions, such as the electoral law or treaty changes;
2024/02/21
Committee: AFCO
Amendment 86 #

2023/2104(INL)

Motion for a resolution
Paragraph 12
12. Stresses that a fair method must include elements that balance the interestsensure the fair representation of citizens from all Member States, while also respecting the overall balance of the institutional system as laid down in the Treaties when it comes to the indirect decision-making power of Union citizens, represented by MEPs in the European Parliament and by their governments in the Council;
2024/02/21
Committee: AFCO
Amendment 90 #

2023/2104(INL)

Motion for a resolution
Paragraph 13
13. Notes that the definition of degressive proportionality, as recognised by the European Parliament1 and the European Council2 , does not imply a particular method for seat allocation in the EP, but that, mathematically, there are an infinite number of options to choose from; _________________ 1 Legislative resolutions of 15 June 2023 on the composition of the European Parliament and of 13 September 2023 on the draft European Council decision establishing the composition of the European Parliament (00013/2023 – C9- 0319/2023 – 2023/0900(NLE)) 2 European Council Decision (EU) 2023/2061 of 22 September 2023 establishing the composition of the European Parliament
2024/02/21
Committee: AFCO
Amendment 91 #

2023/2104(INL)

Motion for a resolution
Paragraph 14
14. Points to the existence of a vast number3 of previous recommendations concerning the formula; a potential models of permanent seat allocation system ; _________________ 3 These formulas include the Cambridge Compromise, the Power method, the Parabolic method, the D’Hondt method, the 0.5 DPL method and the FPS method.
2024/02/21
Committee: AFCO
Amendment 93 #

2023/2104(INL)

Motion for a resolution
Paragraph 15
15. Observes that previous recommendations for seat allocation comprised several elements; notes that these included a fixed base number of seats for all Member States, and an allocation of remaining seats in proportion to respective population figures with a minimum of six and a cap of 96 seats; stresses that these recommendations, such as the so-called ‘Cambridge Compromise’, have been criticised for not respecting Treaty criteriabreaching Treaty requirements, such as degressive proportionality, in certain circumstances;
2024/02/21
Committee: AFCO
Amendment 95 #

2023/2104(INL)

Motion for a resolution
Paragraph 16
16. Further notes that the ‘Cambridge Compromise’ has been criticised for neglecting the interests of citizensoverlooking the fair representation of medium-sized Member States, entailing considerable seat losses for these countries; recalls that in order to counterbalance this tendency of the ‘Cambridge Compromise”, an extensive reform of the qualified voting mechanism currently in force in the Council; regretfully acknowledges that, , due to high political hurdles, such as Treaty change, these reforms were never pursued;
2024/02/21
Committee: AFCO
Amendment 102 #

2023/2104(INL)

Motion for a resolution
Paragraph 17
17. Stresses the need for any method chosen to maintain the advantages of the known formulas, while minimising their disadvantages; points out that ‘base seat’ elements of the seat allocation system can be used to ensure the democratic representation of citizens from smaller Member States, while the proportional elements ensure that the larger a Member State’s population , the greater the number of seats allocated to it; highlights that seats allocated in proportion to the square root of the population of Member States contribute to ensuring that degressive proportionality is achieved and the citizens of small and medium-sized Member States are democratically represented; believes that the combination of these elements can be converted into a mathematical formula and used as the basis of the most suitable allocation system; believes that such allocation system should be proposed and adopted in the form of a political decision;
2024/02/21
Committee: AFCO
Amendment 104 #

2023/2104(INL)

Motion for a resolution
Paragraph 17 a (new)
17a. Recalls the European Council decision of December 2023 to formally open accession negotiations with Ukraine and Moldova, to grant candidate status to Georgia, calling for the acceleration of the accession process of Western Balkans, of North Macedonia, other than to monitor the compliance with the membership criteria of Bosnia Herzegovina; recalls that the perspective of enlargement imposes an in-depth reform of the Union’s institutional architecture and policies;
2024/02/21
Committee: AFCO
Amendment 105 #

2023/2104(INL)

Motion for a resolution
Paragraph 17 a (new)
17a. Highlights as well the benefits of the “Power compromise” or "Power law" model, comprising of a number of base seats attributed equally to all Member States; of a divisor ensuring that the sum of seats does not exceed a pre-established number; and of a power parameter, which yields a degressively proportional allocation of seats;
2024/02/21
Committee: AFCO
Amendment 106 #

2023/2104(INL)

Motion for a resolution
Paragraph 17 b (new)
17b. Stresses that, irrespectively of the identification of a permanent mechanism of allocation of seats for the composition of the European Parliament 2029-2034, any reassessment of the number of seats of the European Parliament, and of the requirements necessary to ensure a representative and democratic composition in an enlarged Union, shall be carefully reviewed in the context of the upcoming process of revision of the Treaties, triggered by Parliament through its report of 23 November 2023;
2024/02/21
Committee: AFCO
Amendment 107 #

2023/2104(INL)

Motion for a resolution
Paragraph 17 b (new)
17b. Underlines that the “Power Compromise” ensures that the resulting composition respects the minimum and maximum allocation of seats established by the Treaties, the representativeness of medium-sized countries, and the principle of degressive proportionality;
2024/02/21
Committee: AFCO
Amendment 108 #

2023/2104(INL)

Motion for a resolution
Paragraph 17 c (new)
17c. Is of the view that the adoption of any allocation system should be part of a package deal including the proposal for a reform of the European Electoral law of May 2022;
2024/02/21
Committee: AFCO
Amendment 109 #

2023/2104(INL)

Motion for a resolution
Paragraph 17 d (new)
17d. Highlights that maintaining the number of seats of the European Parliament at 751 in an enlarged Union of potentially more than thirty Member States would dramatically broaden electoral inequality and cause distortions in the representation of Union citizens; Believes that the number of seats should be increased in the context of future enlargements, while ensuring that the European Parliament remains at a workable size;
2024/02/21
Committee: AFCO
Amendment 112 #

2023/2104(INL)

Motion for a resolution
Paragraph 18
18. Proposes that the newCalls on the newly elected Parliament to pursue works on a proposal for a seat allocation system should be applied for, ,applicable to the allocation of seats among Member States forom the parliamentary term following the next parliamentary term after the adoption of this resolution ;
2024/02/21
Committee: AFCO
Amendment 118 #

2023/2104(INL)

Motion for a resolution
Paragraph 19
19. Believes that the seat allocation system will make it easier for the European Parliament to swiftly adopt its proposal to the European Council concerning the composition of the European Parliament; resolves to make this seat allocation system the basis of its proposal to the European Council; points out that Parliament’s consent is required on the European Council decision on the composition of the European Parliament; further resolves not to give its consent to the European Council decision, if that decision deviates from the allocation resulting from the application of allocation system proposed by Parliament;
2024/02/21
Committee: AFCO
Amendment 124 #

2023/2104(INL)

Motion for a resolution
Annex I
[...]deleted
2024/02/21
Committee: AFCO
Amendment 74 #

2023/2085(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Member States to invest in adapting school curricula to teach the history of Europe and the European Union in order to promote active citizenship and common European values and increase awareness of the added value of being a European and an EU citizen;
2023/11/07
Committee: AFCO
Amendment 90 #

2023/2085(INI)

Motion for a resolution
Paragraph 23
23. Reiterates the need to draw up an EU citizenship statute, on the basis of Article 25 TFEU, that compiles and updates existing citizenship rights and establishes new ones in order to make citizenship rights effectively enforceable and ensure citizens' equality, respond to social, economic, political and digital changes as well as codifying case law ; recalls that both the drafting of the EU citizenship statute and the updating and creation of these new rights should be carried out within the framework of the Treaties;
2023/11/07
Committee: AFCO
Amendment 93 #

2023/2085(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Suggests the creation of new rights in the area of participation and political rights, freedom of movement and digital citizenship; suggests in particular: - Right to have a gender-balanced democratic representation on electoral lists; - Right to have permanent interactive digital platform through which citizens can channel their proposals and ideas in all EU official languages; - Right to recognition of periods of study, and not only qualifications and professional competences, as equivalent to be able to work in another Member State: - Right to universal Internet access, to ensure inclusion and equal accessibility of citizens to the digital environment; - Right to have an identity in the digital environment and to the management of one's own identity, going further than the protection that already exists in relation to personal data in the digital environment; - Right to the digital inheritance of the deceased person; - Rights concerning Artificial Intelligence systems to be safe, transparent, traceable and overseen by people;
2023/11/07
Committee: AFCO
Amendment 1 #

2023/2084(INI)

Motion for a resolution
Citation 1
– having regard to the Treaty on European Union (TEU), in particular Article 5 on the conferral of competences and subsidiarity, Article 10(1) on representative democracy, Article 10(2) on the representation of EU citizens, Article 10(3) on the right of EU citizens to participate in the democratic life of the Union, Article 10(4) on the role of European political parties, Article 11 on participatory democracy, Article 12 on the role of national parliaments, Article 48(3) on the ordinary revision procedure and Article 48(7) (passerelle clause) thereof,
2023/10/16
Committee: AFCO
Amendment 2 #

2023/2084(INI)

Motion for a resolution
Citation 3 a (new)
– having regard to the proposal for a Regulation of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations (recast);
2023/10/16
Committee: AFCO
Amendment 3 #

2023/2084(INI)

Motion for a resolution
Citation 9 a (new)
– having regard to the report of XX November 2023 on proposals of the European Parliament for the amendment of the Treaties;
2023/10/16
Committee: AFCO
Amendment 8 #

2023/2084(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the active involvement of national parliaments in the EU decision- process helps to foster citizens’ trust and therefore contributes to the sustainability and resilience of the European project;
2023/10/16
Committee: AFCO
Amendment 9 #

2023/2084(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas the existing tools for national parliaments’ participation in European Affairs are largely unknown, both among decision-makers and the general public; whereas considerable investment is needed to raise awareness on these tools, also in candidate countries;
2023/10/16
Committee: AFCO
Amendment 10 #

2023/2084(INI)

Motion for a resolution
Recital B
B. whereas the parliamentary accountability and scrutiny of national governments within the framework of European affairs, which depends on individual national practices, is the cornerstone of the role of national parliaments in the current European Treaty framework;
2023/10/16
Committee: AFCO
Amendment 11 #

2023/2084(INI)

Motion for a resolution
Recital C
C. whereas this accountability and scrutiny can be facilitated by increased transparency in the Council, especially with regard to the voting record of Member States, as well as their positions relating to the legislative procedures and proposals and amendments to legislative texts which form part of the normal legislative process; whereas also access to documents of the other European institutions is key for a better involvement of national parliaments in EU affairs;
2023/10/16
Committee: AFCO
Amendment 15 #

2023/2084(INI)

Motion for a resolution
Recital E
E. whereas the pluralism of national parliaments is remarkably benefenriches the politicial to the Union and the underrepresentdebate at EU level and the views of nation ofal parliamentary minorities in European affairs should be counterbalanced while fully respecting the majorities in each national parliament and in accordance with their proportionsshould be taken into account at EU level ;
2023/10/16
Committee: AFCO
Amendment 17 #

2023/2084(INI)

Motion for a resolution
Recital F
F. whereas Protocol No 2 (Article 6) acknowledges that national parliaments may consult regional parliaments with legislative powers, yet the role of regional parliaments is largely dependent on the national arrangements and very often remains advisory; whereas many of the members of the Committee of the Regions hold a regional electoral mandate;
2023/10/16
Committee: AFCO
Amendment 24 #

2023/2084(INI)

Motion for a resolution
Recital I
I. whereas a European public sphere could be fostered by a series of forums on the European agenda and such forums could be endorsed through a common ‘European Week’, in which members of national parliamentary chambers would simultaneously discuss European affairs with Commissioners, Members of the European Parliament and ministers from the sitting Council presidency; whereas this initiative could build on the existing parliamentary week held by the European Semester Conference and the Interparliamentary Conference on Stability, Economic Coordination and Governance in the European Union;
2023/10/16
Committee: AFCO
Amendment 26 #

2023/2084(INI)

Motion for a resolution
Recital I a (new)
Ia. whereas the involvement of national parliaments in EU affairs should also be strengthened on a thematic, committee based or ad hoc approach; whereas the format of Interparliamentary Committee Meetings (ICM) should be further fine-tuned;
2023/10/16
Committee: AFCO
Amendment 27 #

2023/2084(INI)

Motion for a resolution
Recital K
K. whereas the implementation of the right of national parliaments to scrutinise compliance with the principle of subsidiarity, on the basis of the EWS, has gradually improved relations between the EU institutions and national parliamentsstrengthened the involvement of national parliaments in EU decision-making;
2023/10/16
Committee: AFCO
Amendment 29 #

2023/2084(INI)

Motion for a resolution
Recital L
L. whereas the reasoned opinions submitted by the national parliaments strengthen the European legislative process; whereas the eight-week period laid down in Article 4 of Protocol No 1 has proven to be inadequate for the timely monitoring of compliance with the principle of subsidiarity and must be considered in the framework of a future Treaty revision;
2023/10/16
Committee: AFCO
Amendment 34 #

2023/2084(INI)

Motion for a resolution
Recital R
R. whereas national parliaments have relevant competencies in the areas of freedom, security and justice pursuant to Articles 70, 85 and 88 TFEU and should therefore play an important role in the future of the Union’s security and defence policy;deleted
2023/10/16
Committee: AFCO
Amendment 37 #

2023/2084(INI)

Motion for a resolution
Recital R a (new)
Ra. whereas European political parties play a critical role in bridging the gap between the EU and national parliaments; whereas these parties should be further empowered by enabling them to support their member parties in the campaign for the European elections and referendum campaigns touching on EU matters;
2023/10/16
Committee: AFCO
Amendment 39 #

2023/2084(INI)

Motion for a resolution
Paragraph 2
2. Takes the view that the accountability of national governments to national parliaments as acknowledged by Article 10(2) TEU is the keystone of the role of national parliamentary chambers in the European Union; considers that national parliaments are a partner in restoring and maintaining the EU institutional balance, which is increasingly eroded by intergovernmental decision-making; encourages national parliaments to fully exercise their European functions in order to directly influence and scrutinise the content of European policies, in particular via the monitoring of their national governments acting as members of the European Council and the Council; calls on members of national parliaments to foster an “EU- reflex” in their decision-making and to recognise the direct impact of EU policies on their constituents;
2023/10/16
Committee: AFCO
Amendment 41 #

2023/2084(INI)

Motion for a resolution
Paragraph 3
3. Calls on the Member States to ensure that national parliaments are granted enough time, the capacityressources and the necessary access to information in order to fulfil their constitutional role of scrutinising and thus legitimating the activity of national governments when these governments act at European level; recalls that the access to Council information for national parliaments is key and cannot be compromised on; recognizes that Council must adopt the necessary document security safeguards but underlines that national parliaments should at all times be able to carry out democratic scrutiny over their respective governments;
2023/10/16
Committee: AFCO
Amendment 44 #

2023/2084(INI)

Motion for a resolution
Paragraph 4
4. Considers that transparency of the working methods and decision-making processes of the EU institutions represents a precondition for enabling national parliaments to effectively fulfil their institutional role deriving from the Treaties; calls, therefore, for the voting records of Member States in the Council as well as their positions relating to the proposals and amendments to legislative texts which form part of the normal legislative process to be made public; calls, furthermore, for national parliaments to make full use of their respective competences, inter alia by adapting their internal organisation, timetables and rules of procedures to enable them to do so;
2023/10/16
Committee: AFCO
Amendment 52 #

2023/2084(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Believes that the interaction with national parliaments can be indirectly strengthened by empowering European political parties; reiterates its long standing call to enable these parties to actively engage in the Member States’ political spheres and support their member parties when EU issues are at stake; calls for the switf conclusion of the recast Regulation (EU, Euratom) No 1141/2014 to enable European political parties to support their member parties in the campaign for the European elections and referendum campaigns touching on EU matters;
2023/10/16
Committee: AFCO
Amendment 54 #

2023/2084(INI)

Motion for a resolution
Paragraph 10
10. Believes that the establishment of an annual European Week would allow Members of the European Parliament, Commissioners and ministers of sitting Council presidencies to stand before all national and, where appropriate, regional parliamentary assemblies in order to discuss and explain the European agenda alongside national and regional parliamentarians; believes, further, that meetings between national and European political groups in the framework of EU interparliamentary cooperation could bring added value in the form of authentic European political debate; considers that this initiative could build on the existing parliamentary week held by the European Semester Conference and the Interparliamentary Conference on Stability, Economic Coordination and Governance in the European Union;
2023/10/16
Committee: AFCO
Amendment 60 #

2023/2084(INI)

Motion for a resolution
Paragraph 12
12. Notes that procedures such as the ‘yellow’ or ‘orange’ cards have not been used extensively; believes, however, that the procedural shortcomings of the EWS should not be regarded as conclusive proof of failure to respect subsidiarity; suggests that all EU institutions and Member States agree on a common culture regarding the principles of subsidiarity and proportionality based on the criteria contained in the Protocol on subsidiarity and proportionality originally attached to the Amsterdam Treaty, the relevant case law of the European Court of Justice and the Commission’s own practice; considers that the development of this common culture should allow for a broader understanding encompassing all the elements of subsidiarity; calls for a wider reflection on the possibility to upgrade the EWS to a tool enabling national parliaments to shape EU policies also from a political or substantive point of view;
2023/10/16
Committee: AFCO
Amendment 64 #

2023/2084(INI)

Motion for a resolution
Paragraph 13
13. Acknowledges the request by national parliaments to extend the eight- week period during which they can issue reasoned opinions under Article 3 of Protocol No 1; underlines, however, that the current Treaty framework does not provide for such an extension; notes that, as a mitigation measure, from 2019, the Commission began excluding the end-of- year festive period when setting the eight- week period for national parliaments to send reasoned opinions; considers, therefore, that the eight-week period must be reconsidered in the framework of a future Treaty revisionTreaties must be revised to extend the timeframe to issue reasoned opinions to twelve weeks and calls for a reflection on reducing the threshold for a reasoned opinion to 1/4;
2023/10/16
Committee: AFCO
Amendment 71 #

2023/2084(INI)

Motion for a resolution
Paragraph 14
14. Reiterates its suggestion of setting up a system, sometimes called a ‘green card’ procedure, whereby at least one thirdny of national parliaments can submit constructive proposals to the Commission with the aim of positively influencing the European debate and the Commission’s power of initiative, having first secured Parliament’s support; suggests, in this regard, that the Commission could enjoy the discretion either to take on board such proposals or to issue a formal response underlining its reasons for not doing so; points out that such a procedure cannot consist of a right of initiative or the right to withdraw or amend legislation as this would subvert ‘the Union method’ and the distribution of competences between national and European level, thus violating the Treaties;
2023/10/16
Committee: AFCO
Amendment 81 #

2023/2084(INI)

Motion for a resolution
Paragraph 20
20. Points out that strengthening political and technical dialogue between parliamentary committees, both at national and at European level, would be a highly productive step towards full interparliamentary cooperation; is considering the possibility ofcommits to allocatinge additional resources to achieve this aim, and of the use of videoconferences, where possible;
2023/10/16
Committee: AFCO
Amendment 83 #

2023/2084(INI)

Motion for a resolution
Paragraph 22
22. Recommends that national parliaments be fully involved in the continuing development of the common security and defence policy; believes that such involvement should be promoted in close cooperation with the European Parliament and with full respect for the provisions of national constitutions regarding security and defence policies; invites national parliaments to reflect in more detail on defence capability prioritisation at EU level, including through joint interparliamentary meetings between representatives from national parliaments and Members of the European Parliament and via political dialogue;deleted
2023/10/16
Committee: AFCO
Amendment 1 #

2023/2083(INI)

Motion for a resolution
Citation 4 a (new)
– Having regard to the final report of the Conference on the Future of Europe, and in particular its proposal 39 on EU decision-making process,
2023/09/26
Committee: AFCO
Amendment 4 #

2023/2083(INI)

Motion for a resolution
Citation 5 a (new)
– Having regard to its resolution of 3 May 2022 on the proposal for a Council Regulation on the election of the members of the European Parliament by direct universal suffrage, repealing Council Decision (76/787/ECSC, EEC, Euratom) and the Act concerning the election of the members of the European Parliament by direct universal suffrage annexed to that decision4a, _________________ 4a P9_TA(2022)0129
2023/09/26
Committee: AFCO
Amendment 6 #

2023/2083(INI)

Motion for a resolution
Citation 5 b (new)
– Having regard to its legislative resolutions of 15 June 20234b and of 14 September 20234c on the composition of the European Parliament, _________________ 4b P9_TA(2023)0243 4c P9_TA(2023)0311
2023/09/26
Committee: AFCO
Amendment 7 #

2023/2083(INI)

Motion for a resolution
Citation 5 c (new)
– Having regard to its legislative resolution of 23 May 2012 on a proposal for a regulation of the European Parliament on the detailed provisions governing the exercise of the European Parliament's right of inquiry and repealing Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission4d _________________ 4d P7_TA(2012)0219
2023/09/26
Committee: AFCO
Amendment 8 #

2023/2083(INI)

Motion for a resolution
Recital B
B. whereas other SLPs are envisaged for the Council, whereby it is the institution requiredquire Council to give its consent to the European Parliament, by qualified majority voting (QMV) or by unanimity to a European Parliament’s proposal;
2023/09/26
Committee: AFCO
Amendment 14 #

2023/2083(INI)

Motion for a resolution
Recital E a (new)
Ea. Whereas the respect of the authority and of the role of the institutions is one of the fundamental principles of constitutional laws of the Member States;
2023/09/26
Committee: AFCO
Amendment 18 #

2023/2083(INI)

Motion for a resolution
Recital G
G. whereas cooperation between the institutions is based onmust be carried out in compliance with the principles of institutional balance and of mutual sincere cooperation, as laid down in Article 13(2) TEU;
2023/09/26
Committee: AFCO
Amendment 21 #

2023/2083(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Highlights that for most SLPs touching upon the electoral processes and the democratic functioning of the Union (such as the reform of the Electoral Law of the European Union), the Council is required to vote by unanimity, and Parliament is called to give consent; Regrets that this procedures fundamentally decrease the bargaining power of Parliament, regardless of its direct democratic legitimacy;
2023/09/26
Committee: AFCO
Amendment 26 #

2023/2083(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Acknowledges that the Treaties do not impose any time limit on Council to react to a legislative initiative adopted by Parliament; Is of the view, however, that Council should adopt its position within a reasonable time, with a view to comply with the principle of mutual sincere cooperation;
2023/09/26
Committee: AFCO
Amendment 29 #

2023/2083(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Recalls that on 23 May 20124e, Parliament put forward a proposal for a new regulation to modify the provisions governing the exercise of its right of inquiry, aimed at strengthening the available tools for inquiry and reinforcing the authority of committees of inquiry; _________________ 4e OJ C 264 E, 13.9.2013, p. 41.
2023/09/26
Committee: AFCO
Amendment 30 #

2023/2083(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Regrets the deadlock in the negotiations with the Council and the Commission on the right of inquiry and their lack of effort towards a constructive dialogue with Parliament; Recalls that the protracted unwillingness of Council to react to Parliament’s proposal constitutes a violation of Art. 265 TFEU, and therefore a clear case of failure to act; Calls on the Council and the Commission to comply with the principle of mutual sincere cooperation enshrined in Article 13(2) TEU and to engage with Parliament in order to overcome the current institutional blockage;
2023/09/26
Committee: AFCO
Amendment 31 #

2023/2083(INI)

Motion for a resolution
Subheading 2 a (new)
Acts adopted by Council or by the European Council on the initiative of Parliament and after receiving its consent
2023/09/26
Committee: AFCO
Amendment 32 #

2023/2083(INI)

Motion for a resolution
Paragraph 6
6. Recalls that on 3 May 20225 , Parliament adopted a position onroposal on the reforming of the European electoral law aimed at fostering a truthe Europeanisation of the Union public sphere, the emergence of a genuine pan-European political debate ahead of European elections and increasing, citizens’ interest in European affairs; politics, and at increasing the democratic legitimacy of the Union; _________________ 5 OJ C 465, 6.12.2022, p. 171.
2023/09/26
Committee: AFCO
Amendment 35 #

2023/2083(INI)

Motion for a resolution
Paragraph 7
7. UnderstandAcknowledges that some Member States have expressed reservations on certain elements of theat proposal, but also regrets the fact that the proposal is not being discussed regularly in the Council; Deplores, however, the undue postponement of the commencement of negotiations on Parliament’s report, which clearly disregards the principle of sincere cooperation; reiterates that the lack of unanimity on a draft legislative report does not represent a valid justification for not engaging constructively in the identification of a compromise;
2023/09/26
Committee: AFCO
Amendment 40 #

2023/2083(INI)

Motion for a resolution
Paragraph 8
8. Highlights that the arguments used by the Council on the lack of respect for the subsidiarity principle and the breach of fundpolitical and legal concerns expressed by the Council on Parliamental’s principlesoposal should be counterbalanced by the political demand for increased democratic legitimacy and the enhancement of the Euraddressed in a timely manner in the framework of an opean trans- national dimensionand constructive dialogue between co-legislators;
2023/09/26
Committee: AFCO
Amendment 41 #

2023/2083(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Highlights that, in addition to the right to initiate the procedure, Parliament is called to give it consent to Council's position; believes that all delay in Council’s work jeopardises the democratisation of the Union in view of the 2024 elections, considering that Council’s decision can enter into force only after being approved by the Member States in accordance with their respective constitutional requirements;
2023/09/26
Committee: AFCO
Amendment 42 #

2023/2083(INI)

Motion for a resolution
Paragraph 9
9. Recalls that on 23 May 20126 , Parliament put forward a proposal for a new regulation to modify the provisions governing the exercise of its right of inquiry, aimed at strengthening the available tools for inquiry and reinforcing the authority of committees of inquiry; _________________ 6 OJ C 264 E, 13.9.2013, p. 41.deleted
2023/09/26
Committee: AFCO
Amendment 43 #

2023/2083(INI)

Motion for a resolution
Paragraph 10
10. Regrets the deadlock in the negotiations with the Council and the Commission on the right of inquiry and deplores the fact that Parliament has been unable to hold formal discussions with the other two institutions;deleted
2023/09/26
Committee: AFCO
Amendment 48 #

2023/2083(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Council and the Commission to comply with the principle of interinstitutional cooperation enshrined in Article 13(2) TEU and to resume negotiations with Parliament on these two special procedures;deleted
2023/09/26
Committee: AFCO
Amendment 51 #

2023/2083(INI)

Motion for a resolution
Subheading 3
Acts adopted by the Council requiring Parliament’s consentdeleted
2023/09/26
Committee: AFCO
Amendment 54 #

2023/2083(INI)

Motion for a resolution
Paragraph 12
12. Points out that the Council lays down the provisions necessary for the elecEuropean Council is required to adopt a Decision on the Composition of the Members ofEuropean Parliament by direct universal suffrage and that on 15 June 20237 , Parliament voted on a proposal seeking to increase the number of seats by 11, to a total of 716, aheadunanimity on the initiative of Parliament and after having obtained its consent by a majority of its component; Highlights that, by reason of the right of initiative attributed to Parliament for this procedure, and its direct impact on the representation of Union citizens, negotiations ofn the European elections in June 2024; _________________ 7 Texts adopted, P9_TA(2023)0243.is Decision require a high degree of interinstitutional dialogue and concertation, in line with the principle of mutual sincere coopeation;
2023/09/26
Committee: AFCO
Amendment 55 #

2023/2083(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Recalls that, on 15 June 20236a, Parliament adopted a draft proposal for a European Council Decision on the Composition of the European Parliament for the legislative term 2024-2029, seeking to adjust the distribution of seats to ensure a degressively proportional representation of Member States; _________________ 6a P9_TA(2023)0243
2023/09/26
Committee: AFCO
Amendment 58 #

2023/2083(INI)

Motion for a resolution
Paragraph 13
13. StresseRecalls that Parliament wishes to keep a reserve of 28 seats for members elected in a future’s proposal allocated 28 seats to a Union-wide constituency, in line with Parliament’its proposal on European electoral law, which is awaiting progress in the Councilf 3 May 2022 on a reform of the European electoral law; Reiterates, in this respect, that the Decision on the Composition of the European Parliament and the reform of the European Electoral Law are politically and legally intertwined;
2023/09/26
Committee: AFCO
Amendment 59 #

2023/2083(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Regrets that the European Council failed to inform Parliament regarding its intention to delete key provisions of the proposal submitted by Parliament, namely the allocation of 28 seats to a Union-wide Constituency;
2023/09/26
Committee: AFCO
Amendment 60 #

2023/2083(INI)

Motion for a resolution
Subheading 3 a (new)
Acts adopted by Council requiring Parliament’s consent
2023/09/26
Committee: AFCO
Amendment 61 #

2023/2083(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Recalls out that the adoption of the Regulation laying down the Multiannual Financial Framework (MFF) consists of a SLP whereby the Council acts unanimously after obtaining the consent of Parliament by absolute majority;
2023/09/26
Committee: AFCO
Amendment 62 #

2023/2083(INI)

Motion for a resolution
Paragraph 13 c (new)
13c. Welcomes the development of inter-institutional practices whereby, despite Parliament is only called to give its consent, negotiations take place in the format of “trilateral dialogue” on a package comprising of the MFF Regulation, and of the own resources Decision;
2023/09/26
Committee: AFCO
Amendment 63 #

2023/2083(INI)

Motion for a resolution
Paragraph 13 d (new)
13d. Regrets however the increasing role of the European Council in negotiations on the MFF, which severely alters the principle of interinstitutional balance as established by the Treaties; Holds that the Ordinary Legislative procedure should apply to negotiations on the MFF, and that Parliament should be given full budgetary powers, in line with the proposals of the Conference on the Future of Europe;
2023/09/26
Committee: AFCO
Amendment 64 #

2023/2083(INI)

Motion for a resolution
Paragraph 14
14. Recalls that the Council decides on the composition of Parliament by unanimity and Parliament must give its consent by a majority of its component members;deleted
2023/09/26
Committee: AFCO
Amendment 74 #

2023/2083(INI)

Motion for a resolution
Paragraph 17
17. Emphasises that, although the Council is not obliged to take Parliament’s opinion into account, the consultation of Parliament in the context of some SLPs constitutes an essential procedural requirement and sends a strong political signal;
2023/09/26
Committee: AFCO
Amendment 76 #

2023/2083(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Recalls that the Commission has submitted on November 2021 a proposal for a Council Directive laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for mobile Union citizens, for which Parliament’s consultation is required;
2023/09/26
Committee: AFCO
Amendment 77 #

2023/2083(INI)

Motion for a resolution
Paragraph 20 b (new)
20b. Underlines that the Commission impact assessment attached to the abovementioned proposal lists a series of still existing serious impediments to the exercise of electoral rights by mobile citizens; recalls that Parliament has adopted its position in February 2023, with the aim of facilitating the entry into force of this directive in time for the 2024 European elections; regrets the lack of progress on this file in the Council;
2023/09/26
Committee: AFCO
Amendment 86 #

2023/2083(INI)

Motion for a resolution
Paragraph 24
24. Points out that the duty of mutual sincere cooperation between the institutions requires the institutions to keep each other informed and consult each other so that consent may be given at the end of the procedure; iInsists, therefore, that consent should not consist of a mere ‘yes or no’ question at the end of the procedure, but should be something the institutions aspire to achievevalidation or rejection, but should be the result of a constant dialogue aiming at finding a mutually acceptable agreement;
2023/09/26
Committee: AFCO
Amendment 89 #

2023/2083(INI)

Motion for a resolution
Paragraph 25
25. Supports the opening of negotiations on an interinstitutional agreement on a clear framework to foster full respect for the respective participatory rights and the principles of institutional balance and mutual sincere cooperation in SLPs, including a series of procedural arrangements requesting co-legislators to engage in open and constructive dialogue and negotiations on an equal footing on legislative acts where a SLP is foreseen;
2023/09/26
Committee: AFCO
Amendment 93 #

2023/2083(INI)

Motion for a resolution
Paragraph 26
26. Highlights the need to define precise requirements on the time frame for the adoption of an act by the Council, to better ensure the compliance with the principle of mutual sincere cooperation, and to avoid institutional blockages;
2023/09/26
Committee: AFCO
Amendment 102 #

2023/2083(INI)

Motion for a resolution
Paragraph 28
28. Recalls the importance of early cooperation and coordinated legal analysis between European institutions, in order to help find compromises on issues where concerns arise from misunderstandingwhich might contribute to preventing institutional blockages caused by purely legal concerns rather than strong political divergencreserves;
2023/09/26
Committee: AFCO
Amendment 104 #

2023/2083(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Calls on Member States to agree on enhanced cooperation schemes pursuant to Art. 20 TEU and 326 TFEU to deepen integration on key policy areas when the achievement of unanimity in Council is not possible;
2023/09/26
Committee: AFCO
Amendment 106 #

2023/2083(INI)

Motion for a resolution
Paragraph 29
29. Reiterates its call for the Treaties to be amended urgently to extend the areas of application of the ordinary legislative procedure to all policy areas where Special Legislative Procedures are currently foreseen;
2023/09/26
Committee: AFCO
Amendment 111 #

2023/2083(INI)

Motion for a resolution
Paragraph 30
30. Calls for the immediate activation of passerelle clauses to move from SLPs to ordinary legislative procedures in key policy fields in order to improve the EU’s capacity to act, pending the entry into force of changes to the Treaties;
2023/09/26
Committee: AFCO
Amendment 6 #

2023/2055(REG)

Parliament's Rules of Procedure
Rule 211 – paragraph 1
1. If a standing committee declares itself not to be competent to consider an item, or if a conflict arises over the competence of two or more standing committees, the question of competence shall be submitted to the Conference of Committee Chairs within fourtwo weeks of the announcement in Parliament of the referral to committereferral to committee, as provided for in Rule 48(1). Weeks without parliamentary activities shall not be taken into account for that deadline.
2023/05/04
Committee: AFCO
Amendment 1 #

2023/2044(INI)

Motion for a resolution
Citation 8 a (new)
– having regard to Regulation (EU) 2021/817 of the European Parliament and of the Council of 20 May 2021 establishing Erasmus+: the Union Programme for education and training, youth and sport and repealing Regulation (EU) No 1288/20131a, __________________ 1a OJ L 189, 28.5.2021, p. 1
2023/09/13
Committee: REGI
Amendment 3 #

2023/2044(INI)

Motion for a resolution
Citation 9 a (new)
– having regard to Regulation (EU) 2021/1057 of the European Parliament and of the Council of 24 June 2021 establishing the European Social Fund Plus (ESF+) and repealing Regulation (EU) No 1296/20131a, __________________ 1a OJ L 231 30.6.2021, p. 21.
2023/09/13
Committee: REGI
Amendment 4 #

2023/2044(INI)

Motion for a resolution
Citation 9 b (new)
– having regard to Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund1a, __________________ 1a OJ L 231 30.6.2021, p. 1.
2023/09/13
Committee: REGI
Amendment 5 #

2023/2044(INI)

Motion for a resolution
Citation 10 a (new)
– having regard to the Commission communication of 30 June 2021 on A long-term Vision for the EU's Rural Areas - Towards stronger, connected, resilient and prosperous rural areas by 2040 (COM(2021)345),
2023/09/13
Committee: REGI
Amendment 6 #

2023/2044(INI)

Motion for a resolution
Citation 11 a (new)
– having regard to the Decision (EU) 2023/936 of the European Parliament and of the Council of 10 May 2023 on a European Year of Skills1a, __________________ 1a OJ L 125, 11.05.2023, p.1
2023/09/13
Committee: REGI
Amendment 12 #

2023/2044(INI)

Motion for a resolution
Citation 20 a (new)
– having regard to the working paper produced by the Directorate- General for Regional and Urban Policy of the European Commission entitled “The geography of EU discontent and the regional development trap” published in March 2023,
2023/09/13
Committee: REGI
Amendment 13 #

2023/2044(INI)

Motion for a resolution
Citation 22 a (new)
– having regard to the OECD report entitled “Rethinking Regional Attractiveness in the New Global Environment”, published on 5 July 2023,
2023/09/13
Committee: REGI
Amendment 15 #

2023/2044(INI)

Motion for a resolution
Recital A
A. whereas the EU’s population has grown steadily over the last 50 years; whereas population growth has slowed in recent decades; whereas current predictions point to growth at a limited rate until 2029, from which date population growth will begin to slow down13 ; whereas the population in the EU is ageing and birth rates have been declining since the 1960s; __________________ 13 See the Commission Staff Working Document entitled ‘The impact of demographic change – in a changing environment’ of 17 January 2023 (SWD(2023)0021).
2023/09/13
Committee: REGI
Amendment 19 #

2023/2044(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas demographic trends have led to a shrinking working age population in the EU; whereas the EU working age population is expected to shrink over the next decades, with a loss of additional 35 million people by 2050; whereas this process will trigger new and growing territorial disparities;
2023/09/13
Committee: REGI
Amendment 22 #

2023/2044(INI)

Motion for a resolution
Recital B
B. whereas population loss is a sustained trend over time, particularly affecting rural areas with older populations on average than those found in cities and suburbs14 ; whereas young people are on average more likely to leave rural areas; whereas the loss of population in rural areas is deeply linked to the lack of connectivity, public services and, education and training opportunities and quality employment; whereas the postingdeparture of young workers poses significant challenges to demographic structures such as low generational renewal, ageing demographics and overall population decline; whereas mountainous, isolated and outermost regions are particularly affected by these phenomena; __________________ 14 See the Commission Staff Working Document entitled ‘The impact of demographic change – in a changing environment’ of 17 January 2023 (SWD(2023)0021).
2023/09/13
Committee: REGI
Amendment 28 #

2023/2044(INI)

Motion for a resolution
Recital C
C. whereas in spite of its temporary impact on the labour market, the COVID- 19 pandemic has resulted in a boost to teleworking, offering great potential to connect jobs from urban centres to smaller cities, suburbs and towns15 ; whereas emerging opportunities of the green and digital transition have brought renewed attention to non-urban areas and opened up new job opportunities; __________________ 15 See the Draft Council conclusions on telework in the context of remote work, paragraph 17.
2023/09/13
Committee: REGI
Amendment 30 #

2023/2044(INI)

Motion for a resolution
Recital D
D. whereas the positive migration and integration of workers with or without tertiary education is one of the solutions to address the challenges faced by Member States and their regions with the highest percentage of population loss; whereas the success of action plans on migrants’ integration and inclusion depends on the involvement of local and regional authorities and civil society organisations;
2023/09/13
Committee: REGI
Amendment 32 #

2023/2044(INI)

Motion for a resolution
Recital D a (new)
Da. whereas regions in, or at risk of, talent development trap are characterised by sharp working age population decline, low and stagnating share of people with a tertiary education, a significant departure of young people, lack of economic dynamism and economic diversification and low innovation capacity; whereas these regions have significantly higher rates of youth unemployment and NEETs compared to the average in EU; whereas, in these regions, wages, income and economic development are substantially lower than in the rest of the EU;
2023/09/13
Committee: REGI
Amendment 36 #

2023/2044(INI)

Motion for a resolution
Recital E
E. whereas the talent drain is closely related to the need to improve the working and living condiconditions, job opportunities, wages, equal opportunities, availability of services and trust in institutions of people living in regions with low incomes, social gaps and other socio-economic disparities; whereas reducing such disparities is a commitment which has been reiterated through the European Pillar of Social Rights;
2023/09/13
Committee: REGI
Amendment 40 #

2023/2044(INI)

Motion for a resolution
Recital F
F. whereas regional and local authorities are best placed to create the socio-economic conditions for attracting talent; whereas governance in the EU is improving overall, but disparities remain between and within Member States, and the role and the capacities of sub-national governments remain unequal; whereas the quality of institutions of regions in, or at risk of, talent development trap is far below the EU average; whereas these administrations need economic reinforcement;
2023/09/13
Committee: REGI
Amendment 49 #

2023/2044(INI)

Motion for a resolution
Recital G
G. whereas talent retention does not refer exclusively to stopping the emigration of highly qualified persons from one country to another, or from one region to another, but also to attracting populations whose professional background is related to jobs and skills that are still in high demand in rural and sparsely populated areas; whereas regional attractiveness depends on various factors such as residents-wellbeing, economy and labour market, natural environment, connectedness, housing, cultural capital and tourism;
2023/09/13
Committee: REGI
Amendment 64 #

2023/2044(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission communication on ‘Harnessing talent in Europe’s regions’, which is the first key deliverable of the European Year of Skills; appreciates the strategies presented as a mechanism to avoid economic, social and gender disparities between citizens affected by the green and digital transitions; considers it fundamental that the concept of ‘rural proofing’ include assessingnd to ensure that nobody is left behind in the green and digital transitions; recalls that new challenges require fresh money and asks to top up cohesion policy with new budgetary resources to address new challenges; considers it fundamental to implement the ‘rural proofing’ mechanism in the design of each EU legislative proposal, assessing, inter alia, the demographic impact, the issue of job creation, the impact on the educational framework and the gender impact;
2023/09/13
Committee: REGI
Amendment 78 #

2023/2044(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the creation of the Talent Booster Mechanism aimed at boosting talent in regions facing, or at risk of facing, what the Commission calls a talent development trap; calls for clear and objective criteria regarding the definition of regions in, or at risk of, a talent development trap; highlights the potential of the Technical Support Instrumentdraws attention on the worrying aggravation of this trend and urges the Commission and the Member States to seriously address this challenge setting regions in, or at risk of, a talent development trap as a core priority of their action and investment under cohesion policy; highlights the potential of the Technical Support Instrument to provide tailor-made technical expertise to Member States to design and implement smart, sustainable and socially responsible reforms, without requiring any co-financing;
2023/09/13
Committee: REGI
Amendment 82 #

2023/2044(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Emphasises that regions in, or at risk of, a talent development trap have differing characteristics and need tailor- made solutions to boost investments in education, human capital, research and development, innovation, upskilling of work force and public sector reforms; calls on the Commission to provide flexibility to the Member States at programme level with the aim of urgently adopting specific and targeted measures, programmes and strategies to support these regions through a differentiated and territorial approach; asks to design and implement targeted smart specialisation strategies for the regions in, or at risk of, a talent development trap;
2023/09/13
Committee: REGI
Amendment 91 #

2023/2044(INI)

Motion for a resolution
Paragraph 4
4. Bears in mind that less developed regions have the same particularities as those considered as being ‘in a talent development trap’, such as low population density, low economic resources, low employability, ageing of the population and a reduction in the population of working age; points out the need to include in the categorisation of such regions those deemed ‘less developed’, as defined in Article 108(2) of Regulation (EU) 2021/1060, while a considerable number of transition regions are considered as being “at risk of falling into a talent development trap” in the future; highlights, however, that demographic challenges concern all EU regions and may trigger new territorial disparities, if left unaddressed; in this regard insists on the necessity to tackle intraregional disparities, including in more developed regions;
2023/09/13
Committee: REGI
Amendment 99 #

2023/2044(INI)

Motion for a resolution
Paragraph 5
5. Encourages the financing of specific measures through the multiannual financial framework to addressHighlights that the next multiannual financial framework should provide for specific measures to tackle the demographic challenges, with a specific budget forespecially in regions with severe and permanent demographic difficulties; in this context, considers it necessary to reformulate the specific instruments of the cohesion policy by assigning greater weight to depopulation for the allocation of fundsindicators complementary to GDP, such as demographic, social and environmental criteria for the allocation of funds; insists on the importance to take into account depopulation, unemployment and youth unemployment rates, the share of people with a tertiary education as well as the departure of young talents, in order to give a more precise picture of the socio- economic situation at regional and sub- regional level;
2023/09/13
Committee: REGI
Amendment 107 #

2023/2044(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Highlights the valuable contribution to rural development delivered by actions under the LEADER programme, which aims to engage local actors in the design and delivery of strategies, decision-making and resource allocation for the development of their rural areas; calls on the Commission and the Member States to reinforce LEADER by increasing its budgetary envelope, by guaranteeing high level of autonomy of the Local Action Groups regarding their constitution and their decision making and reducing the administrative burden;
2023/09/13
Committee: REGI
Amendment 109 #

2023/2044(INI)

Motion for a resolution
Paragraph 6
6. Considers it essential to improve the executive and managerial capacity of local administrations and to reduce bureaucracygaps between and within Member States; calls on the Commission and Member States to reduce bureaucracy for managing authorities and final beneficiaries, avoid over-regulation, as well as to promote closer cooperation between the different institutions;
2023/09/13
Committee: REGI
Amendment 115 #

2023/2044(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Believes it necessary to improve the exchange of good practices between national and local authorities of the different Member States; calls on the Commission to create, under the Erasmus+ Programme, a new training scheme dedicated to public administration civil servants, in order to offer them the opportunity to learn how European, national and local policies are designed and implemented in other Member States;
2023/09/13
Committee: REGI
Amendment 122 #

2023/2044(INI)

Motion for a resolution
Paragraph 7
7. Recalls that it is essential that Member States, their regions and local authorities come up with innovative solutions tailored to each territory; welcomes the Commission’s proposal that Member States set up thematic and regional working groups to address specific challenges under the Talent Booster Mechanism; insists on the need to design and implement place-based strategies under this new dedicated EU mechanism, by adopting a bottom-up approach to local development in order to involve and empower citizens to take ownership of their territories’ development;
2023/09/13
Committee: REGI
Amendment 129 #

2023/2044(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Highlights the potential of community-led local development (CLLD) to find local solutions to local problems and design strategies to boost demand for and supply of talent to avoid development traps; takes the view that CLLD should be mandatory for Member States;
2023/09/13
Committee: REGI
Amendment 133 #

2023/2044(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission and the Member States to finance and promote specific projects for the development of initiatives to ensure young people’s access to training, with a particular focus on deficit or high-demand occupations, to stimulate the creation of quality jobs and to guarantee paid traineeships; highlights the potential of the Just Transition Mechanism, completing other financial instruments under Cohesion Policy and the Recovery and Resilience Facility, in supporting the development and implementation of comprehensive strategies to upskill and reskill the labour force and stimulate the dynamism and attractiveness of the territories; in this regard, encourages the Commission to provide further flexibility in the implementation of the Just Transition Fund to allow impacted territories to fully absorb financial resources and avoid carry-over;
2023/09/13
Committee: REGI
Amendment 149 #

2023/2044(INI)

Motion for a resolution
Paragraph 10
10. Acknowledges that direct financial support to regions in or at risk of a talent development trap will be provided under existing instruments; regrets nonetheless that no specific and dedicated financial support has been established for this purpose; suggests that the new programming period should include the creation of a new dedicated fund addressing the brain drainpriority area under the European Social Fund+ addressing the brain drain; this new priority area shall be financed with the new budgetary resources topping up the funding of the ESF+ of the current programming period;
2023/09/13
Committee: REGI
Amendment 153 #

2023/2044(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Stresses the importance of synergies between different funding tools to channel an adequate level of funding towards regions in, or at risk of, a talent development trap through a multi-fund approach; calls on the Commission to considerably reduce the administrative complexity which the managing authorities have encountered in implementing the multi-fund approach;
2023/09/13
Committee: REGI
Amendment 163 #

2023/2044(INI)

Motion for a resolution
Paragraph 11
11. Advocates ensuring regions’Underlines the need to strongly improve access to quality public services such as health, education and social protection, as well as to essential transport infrastructure and digital connectivityespecially in areas with severe and permanent natural and demographic handicaps; encourages Member States to implement digital tools and platforms such as telemedicine or itinerant medicine solutions and services; highlights the importance of quality, affordable and safe public transports and transport infrastructure to improve mobility solutions; stresses the need to boost digital connectivity to enhance the attractiveness of regions as a destination for talents, firms and investors by facilitating teleworking, ensuring social connections and increasing opportunities for productivity and growth;
2023/09/13
Committee: REGI
Amendment 168 #

2023/2044(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Calls for education and training to be accessible to all ages and social groups, both on-site and through remote access; points out the need for Member States to implement policies fostering women’s and girls’ participation in STEM education programmes and provide incentives to create jobs in sectors where their knowledge can be applied; emphasizes the importance of universities and vocational education and training providers in stimulating dynamic innovation ecosystems, harnessing talent, developing knowledge clusters and attract businesses into their areas by partnering with them on programmes to train workers in the new skills needed in the area;
2023/09/13
Committee: REGI
Amendment 179 #

2023/2044(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Considers it essential to design policies to attract and retain families offering job opportunities for both partners, implementing programmes aimed at making communities safer for kids and environments friendly for women, offering affordable housing through specific grants and loans schemes, and implementing cultural policies to foster talent attraction and retention;
2023/09/13
Committee: REGI
Amendment 181 #

2023/2044(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Encourages Member States and local authorities to implement policies and strategies aiming at mitigating brain drain and attracting back talents in the context of multi-level governance; suggests to involve all relevant stakeholders (public authorities, businesses, universities, NGOs, etc.) to contribute to design the most adapt tools such as subsidies for employers hiring young talents and talents returning to the country, grants covering return expenses and subsidies for the start of entrepreneurial activity;
2023/09/13
Committee: REGI
Amendment 184 #

2023/2044(INI)

Motion for a resolution
Paragraph 12 c (new)
12c. Reiterates the need for an ambitious and sustainable policy on legal migration and integration at European level; underlines the need of a strategic approach to the integration of third- country nationals as a potential driver of local growth and welcomes measures paving the way towards a more sustainable and inclusive approach to labour mobility;
2023/09/13
Committee: REGI
Amendment 185 #

2023/2044(INI)

Motion for a resolution
Paragraph 12 d (new)
12d. Acknowledges the central role of agriculture in rural and depopulated areas and the importance of the EU Pact for Skills in the agri-food sector; calls on the Commission to support generational renewal in the farming sector and the set- up of new businesses in rural areas; highlights the economic potential of women in rural areas and calls on the Commission and the Member States to ensure targeted support, to facilitate access to funding opportunities and business skills, with a view to increasing female entrepreneurship;
2023/09/13
Committee: REGI
Amendment 186 #

2023/2044(INI)

Motion for a resolution
Paragraph 12 e (new)
12e. Highlights the emergent phenomenon of “third places” as a new vector characterising the functioning of democratic societies; stresses their central role in revitalising rural and depopulated areas, reducing greenhouse gas emissions, contributing to local democracy and empowerment of citizens, enhancing innovation capabilities and creativity, improving the quality of life of workers and increasing the performance of companies and employees; calls on the Commission to launch a European initiative to support the creation and development of “third places”, matching citizens’ needs in terms of financial, networking, and methodological support;
2023/09/13
Committee: REGI
Amendment 187 #

2023/2044(INI)

Motion for a resolution
Paragraph 13
13. Advocates the promotion of supranational cooperation networks aimed at promoting the exchange and circulation of talent, thereby acting as a driver for the dissemination of knowledge, experience and training; underlines, in this regard, the crucial role of the Interreg programme in contributing to enhance the attractiveness of border regions facing talent development trap; stresses the importance to remove obstacles to cross- border cooperation and strongly encourages the Commission and the Council to resume negotiations with the aim of adopting a new proposal removing administrative and legal barriers;
2023/09/13
Committee: REGI
Amendment 189 #

2023/2044(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Reiterates that the European Semester should play an important role in fostering the reforms, notably in the labour market and in education and training; underlines, in this regard, the need to improve the articulation between cohesion policy and the European economic governance, involving local and regional authorities at all stages of the procedures linked with the European Semester and its country specific recommendations; suggests to envisage the possibility that public spending co- financed by cohesion policy, such as expenditure related to labour market, education and training policies, should be considered as strategic investment and not equivalent to structural expenditure as defined in the Stability and Growth Pact;
2023/09/13
Committee: REGI
Amendment 1 #

2023/2028(INI)

Draft opinion
Paragraph 1
1. Calls forWelcomes the progress made on the negotiations towards the EU’s accession to the European Convention on Human Rights to be finalised(ECHR), as required by the Treaty of Lisbon, and the recent provisional agreement of the draft revised accession instruments reached; calls for the accession to be finalised as soon as possible in order to complete and strengthen the protection of fundamental rights of EU citizens and for the EU to accede to the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages;
2023/09/04
Committee: AFCO
Amendment 7 #

2023/2028(INI)

Draft opinion
Paragraph 3
3. RecCalls for strengthening the key role of the EU Agency for Fundamental Rights (FRA), including by expanding its tasks and powers to promote and protect fundamental rights across the EU further; stresses the role of Member States at all levels, notably at national parliaments’, national and local administrations’ and law enforcement authorities’ levels, in ensuring the full application of the Charter of Fundamental Rights when implementing EU law;
2023/09/04
Committee: AFCO
Amendment 13 #

2023/2028(INI)

Draft opinion
Paragraph 4
4. Takes note of the Council of Europe’s report of 6 October 2022 entitled ‘Freedom of political speech: an imperative for democracy’ ; stresses that freedom of expression in the EU must not be importance of media pluralism and freedom of expression; stresses the need to ensure the limited by the interests, constitutional framework or political choices of a Member State; reiterates the need for a mechanism for democracy, the rule of law and fundamental rights, which should be established through an interinstitutional agreementpartiality and effective independence of national regulatory authorities from governments; strongly condemns unjustified and disproportionate interference by these authorities into journalistic expression and editorial decisions in some Member States; welcomes in this regard the proposal for an European Media Freedom Act and calls for its swift approval;
2023/09/04
Committee: AFCO
Amendment 20 #

2023/2028(INI)

Draft opinion
Paragraph 6
6. Stresses that the Northern Ireland Protocol is a prerequisite for a smooth relationship between the EU and the UK; calls for continued vigilance in order to preserve the Good Friday Agreement; welcomes the Windsor Framework and believes that this political agreement can provide new impetus for the EU-UK partnership based on mutual trust and cooperation; stresses that the implementation of this framework should at all times preserve the integrity of the single market;
2023/09/04
Committee: AFCO
Amendment 23 #

2023/2028(INI)

Draft opinion
Paragraph 7
7. Considers that Russia’s war of aggression against Ukraine places the EU in a new situation, namely that of a prospective enlargement to includeReiterates that the future enlargement of the Union, such as the accession of Ukraine, Moldova and, Georgia, with the Copenhagen criteria as a fundamental basis; calls for all refugees to be treated with humanity, solidarity and generosityand the Western Balkans will have the Copenhagen criteria as a key requirement, notably the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities;
2023/09/04
Committee: AFCO
Amendment 26 #

2023/2028(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls for the full implementation of art 2 TEU, particularly as regards solidarity and respect for human rights, so that all refugees to be treated with humanity, fraternity and generosity; welcome the ongoing negotiations on the New Pact on Migration and Asylum that will implement these priorities for the migrants and asylum seekers;
2023/09/04
Committee: AFCO
Amendment 28 #

2023/2028(INI)

Draft opinion
Paragraph 8
8. Calls on the Commission to take a very firm stance against persistent attacks on the rule of law in certain Member States; Welcome the adoption of the European Rule of Law Mechanism by the European Commission and consequently the annual publication of the Rule of Lay report since 2020; calls on the Commission to take a very firm stance against persistent attacks on the rule of law in certain Member States, by using all tools available; welcomes the 2023 Rule of law report carried out by the European Commission and especially the set of specific recommendations to Member States on national justice systems, anti- corruption frameworks, media freedom and pluralism and institutional issues related to check and balances; reiterates its support for the full implementation of the Rule of Law Conditionality regulation and its call for a new mechanism for democracy, rule of law and fundamental rights, through an interinstitutional agreement; stresses that art 7 (3) TEU needs to be reformed and strengthened through Treaty change to ensure its applicability and effectiveness;
2023/09/04
Committee: AFCO
Amendment 31 #

2023/2028(INI)

Draft opinion
Paragraph 8 a (new)
8a. Calls on the creation of annual conferences on the rule of law following the Commission’ Rule of law report, with delegations from all Member States, involving randomly selected and diverse citizens, parliamentarians, local authorities, social partners and civil society on the basis of the proposal coming from the Conference on the future of Europe;
2023/09/04
Committee: AFCO
Amendment 33 #

2023/2028(INI)

Draft opinion
Paragraph 9
9. Deplores the recent scandals that have tarnished the EU’s image, such as Qatargate corruption scandal and State espionage using Pegasus, with MEPs among the targets; calls for all the consequences of these scandals to be drawn and the full restauration of the European Parliament reputation and credibility in order to preserve citizens’ trust in public institutions;
2023/09/04
Committee: AFCO
Amendment 35 #

2023/2028(INI)

Draft opinion
Paragraph 9 a (new)
9a. Welcomes, in this light, the work done to amend the internal Rules of Procedure of the European Parliament with the aim of strengthening its integrity, independence and accountability;
2023/09/04
Committee: AFCO
Amendment 36 #

2023/2028(INI)

Draft opinion
Paragraph 9 b (new)
9b. Welcomes the work of the committee of inquiry set up in the European Parliament (PEGA) to investigate into existing national laws regulating surveillance, and establish whether spyware was used for political purposes against, for example, journalists, politicians and lawyers; stresses that the illegitimate use of spyware by national governments undermines the European democracy and decision making process ; call for a greater transparency within the Member States regarding the laws regulating surveillance in order to prevent any new mass surveillance scandal to emerge.
2023/09/04
Committee: AFCO
Amendment 37 #

2023/2028(INI)

Draft opinion
Paragraph 10
10. Calls for all the consequences of these scandals to be addressed and for Parliament’s credibility to be fully restored.deleted
2023/09/04
Committee: AFCO
Amendment 1 #

2023/2016(INI)

Motion for a resolution
Citation 3 a (new)
– having regard to Council Directive 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals,
2023/09/12
Committee: AFCO
Amendment 3 #

2023/2016(INI)

Motion for a resolution
Citation 5 a (new)
– having regard to the proposal for a for a Regulation of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations (recast),
2023/09/12
Committee: AFCO
Amendment 4 #

2023/2016(INI)

Motion for a resolution
Citation 5 b (new)
– having regard to the proposal for a Council Directive laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals
2023/09/12
Committee: AFCO
Amendment 5 #

2023/2016(INI)

Motion for a resolution
Citation 5 c (new)
– having regard to the proposal for a Regulation of the European Parliament and of the Council on the transparency and targeting of political advertising
2023/09/12
Committee: AFCO
Amendment 6 #

2023/2016(INI)

Motion for a resolution
Citation 5 d (new)
– having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the European democracy action plan
2023/09/12
Committee: AFCO
Amendment 8 #

2023/2016(INI)

Motion for a resolution
Recital B
B. whereas the reform of the European Electoral Law would address the current fragmentation into 27 different electoral systems and it would make electoral rules more modern and uniform withinfit for purpose and consistent throughout the EU; whereas for example the deadline for registering on the electoral roll varies greatly from one Member State to another, ranging from 90 days to 3 days prior to elections;
2023/09/12
Committee: AFCO
Amendment 10 #

2023/2016(INI)

Motion for a resolution
Recital C
C. whereas the failure to implement the lead candidate system has led to disappointment among many voters; whereas such a disappointment must be avoided2019 elections did not culminate in the choice of a Commission President through the lead candidate system, also as a result of the failure to reform the European Electoral Law, which resulted in reduced trust in the process; whereas the election of the Commission President depends on securing the support of the majority of Members of the European Parliament; whereas only some of the EU citizens who took part in the European elections believed that their vote could make a difference when it came to the election of the President of the Commission, highlighting the need to raise awareness of the process among EU citizens; whereas the procedure should be fully complied with at the next European elections;
2023/09/12
Committee: AFCO
Amendment 12 #

2023/2016(INI)

Motion for a resolution
Recital D
D. whereas several Member States still restrict voting rights and/or have not adequately addressed persisting barriers for people with disabilities, thus preventing the meaningful participation and representation of these citizens in democratic processes;
2023/09/12
Committee: AFCO
Amendment 13 #

2023/2016(INI)

Motion for a resolution
Recital D a (new)
Da. Whereas the full exercise of the electoral rights granted by the Treaties to mobile citizens in elections to the European Parliament is still hampered by unjustified barriers to democratic participation, such as the lack of awareness regarding conditions and rules applicable to the registration into the electoral rolls of the Member of State of residence;
2023/09/12
Committee: AFCO
Amendment 14 #

2023/2016(INI)

Motion for a resolution
Recital D b (new)
Db. Whereas the Commission has issued a legislative proposal amending Council Directive 93/109 laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for Union citizens residing in a Member State of which they are not nationals; Whereas Parliament has adopted its position on 13 December 2022; whereas this proposal should among others enable mobile citizens to register for the electoral roll as soon as they register for residence, strengthen existing information requirements, ensure the same standards for the submission of candidacies for national and mobile EU citizens and facilitate the exercise of the right to vote by vulnerable and marginalised groups;
2023/09/12
Committee: AFCO
Amendment 15 #

2023/2016(INI)

Motion for a resolution
Recital E a (new)
Ea. Whereas political campaigns for the European elections conducted in the Member States too often are insufficiently “European”, but rather are dominated by policy discussions of a purely national, regional and local nature; whereas political parties and candidates have a responsibility to adequately inform citizens on the policy challenges at EU level;
2023/09/12
Committee: AFCO
Amendment 22 #

2023/2016(INI)

Motion for a resolution
Paragraph 2
2. Emphasises the important role of European political parties and foundations in contributing to the debate on European public policy issues and in forming European political awareness; noteregrets, however, that owing to restrictive measures at European and national levels,ons under the current EU and national regulatory frameworks prevent European political parties cannotfrom fully participateing in European election campaigns; stresseregrets, moreover, that they are not allowed to campaign in national referendums that concern European matters; stresses that these restrictions prevent them from fully assuming their core task as set forth in Article 10.4 TFEU; encourages European political parties to reach an agreement on how to adapt the provisions in this resolution to developconduct the electoral campaign to the European elections and on how to proceed during the post-electoral process;
2023/09/12
Committee: AFCO
Amendment 26 #

2023/2016(INI)

Motion for a resolution
Paragraph 3
3. Calls for the enhanced visibility of European political parties in public debates and media campaigns; insists that all national political parties should make the logos of the European political parties visible on ballotsnational political parties should consistently identify their European counterpart in their public communication and that the logos of the European political parties should be made visible on ballots; points to the ongoing negotiations on the draft proposal for a Regulation of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations (recast) and encourages European political parties and foundations to comply with the foreseen new provisions before they are formally adopted and in force, in particular during the upcoming electoral campaign; calls on the European political parties to draft manifestos in good time ahead of the elections so as to be able to share their proposals; considers that European political parties’ manifestos should be known before the elections, which requires clear and transparent rules on campaigning;
2023/09/12
Committee: AFCO
Amendment 29 #

2023/2016(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Underlines that the electoral campaign for European elections should favour competition between national and European political parties on the basis on their programmes and policy planning regarding the EU; Regrets the practice of some national political parties and candidates to focus their electoral campaigns ahead of European elections on purely national-specific topics; Calls on European Political Parties to encourage their Member parties to use the European Manifestos as the basis for conducting their electoral campaigns;
2023/09/12
Committee: AFCO
Amendment 31 #

2023/2016(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Points out that the introduction of transnational lists would further empower European political parties as key actors in European politics, enabling them to participate in and help shape European representative democracy;
2023/09/12
Committee: AFCO
Amendment 32 #

2023/2016(INI)

Motion for a resolution
Paragraph 3 c (new)
3c. Recalls in this respect that Parliament, in its proposal of 3 May 2022 on the reform of the European electoral law, has proposed the establishment of a Union-wide constituency for the elections to the European Parliament, allowing citizens to directly vote for both a transnational and a national list;
2023/09/12
Committee: AFCO
Amendment 35 #

2023/2016(INI)

Motion for a resolution
Paragraph 4
4. Regrets that the lead candidate system for the election of the President of the European Commission was not implemented at the last European elections; regrets further a lack of progress on this issue since 2019; acknowledges that this led to disappointment among many voters as a consequence of the failure to reform the European electoral law; believes that a clear and credible link between the choice of voters and the election of the Commission President is needed; calls on the European political parties, national political parties and national governments to work together to ensure this outcome at the next elections; points out, however, that the election of the Commission President always depends on securing the support of the majority of Members of the European Parliament so that the electoral results are fully taken into account, as envisaged in the Lisbon Treaty;
2023/09/12
Committee: AFCO
Amendment 38 #

2023/2016(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Highlights, however, that without transnational lists, the lead candidate system lacks full democratic legitimacy, since European citizens are prevented from directly voting for their preferred candidate to the Commission Presidency
2023/09/12
Committee: AFCO
Amendment 42 #

2023/2016(INI)

Motion for a resolution
Paragraph 5
5. Expects European political parties to nominate their candidates for theop EU position of President of the Commissions at least 12 weeks before election day;
2023/09/12
Committee: AFCO
Amendment 46 #

2023/2016(INI)

Motion for a resolution
Paragraph 6
6. Calls for the establishment of an interinstitutional agreement between the Parliament and the European Council on the lead candidate system within the framework of Article 17(7) TEU, following the adoption of the European Parliament Proposal adopted on 3 May 2022 on the new European electoral law; asks the President of the European Parliament to immediately start the preparatory work leading to such an agreement after the first session of the new Parliament following the elections; believes that European political parties and their respective parliamentary groups should engage in negotiations after the next European election to agree on behalf of the European Parliament on a common candidate to preside over the Commission before the European Council makes its proposal;
2023/09/12
Committee: AFCO
Amendment 55 #

2023/2016(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Believes that establishing a single common European voting day would create a more coherent pan-European election and therefore suggests fixing 9 May as the European Election day, regardless of the day of the week on which it falls, with the possibility of that day becoming a public holiday;
2023/09/12
Committee: AFCO
Amendment 58 #

2023/2016(INI)

Motion for a resolution
Paragraph 10
10. Calls for the swift approval by the Council of the European Union of the entire European Parliament Proposal adopted on 3 May 2022 on the new European electoral law; Expects the Council to reach a balanced compromise even on the most far-reaching parts of Parliament’s proposal;
2023/09/12
Committee: AFCO
Amendment 63 #

2023/2016(INI)

Motion for a resolution
Paragraph 11
11. Calls for a reform of the Treaties and in particular of Article 223 TFEU on, with a view to allow the provisions necessary for the election of the Members of the European Parliament by direct universal suffrage; to be adopted by the Ordinary Legislative Procedure
2023/09/12
Committee: AFCO
Amendment 64 #

2023/2016(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Recalls that Parliament has adopted a resolution3a and a Report containing proposals for the amendment of the Treaties, among others to increase the EU’s democratic legitimacy, and to grant a proper follow-up to the proposals adopted by the Conference on the Future of Europe; _________________ 3a P9_TA(2022)0244
2023/09/12
Committee: AFCO
Amendment 65 #

2023/2016(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Notes that the 2024 elections represent a unique occasion to commence a EU-wide debate on the reform of the Union on the basis of the proposals for the reform of the Treaties put forward by Parliament; Calls on the European Council to expeditiously adopt a position on the holding up of a convention after the adoption by Parliament of the abovementioned Report; calls on national and European political parties to make the persisting institutional challenges at EU level a focal point of their electoral campaigns;
2023/09/12
Committee: AFCO
Amendment 66 #

2023/2016(INI)

Motion for a resolution
Paragraph 11 c (new)
11c. Recalls that the Conference on the Future of Europe served as a Union-wide bottom-up democratic exercise aiming at identifying the short, medium, and long- term objectives of the EU in a wide-array of policy areas, such as environmental policy, external action of the Union, and institutional reforms; Calls on European Political Parties to discuss with the electorate the proposals which stem from the Conference;
2023/09/12
Committee: AFCO
Amendment 67 #

2023/2016(INI)

Motion for a resolution
Subheading 2
Citizens’ participation and enfranchisementpolitical rights
2023/09/12
Committee: AFCO
Amendment 68 #

2023/2016(INI)

Motion for a resolution
Paragraph 12
12. Considers it essential to guarantee that all citizens of the Union who have the right to vote and stand as a candidate, including mobile Union citizens, citizens with disabilities and citizens in a situation of homelessness, are able to exercise that right; points out that the creation of a single European electoral certificate could help implement the rights guaranteed by the Treaties for mobile citizens;
2023/09/12
Committee: AFCO
Amendment 72 #

2023/2016(INI)

Motion for a resolution
Paragraph 14
14. Reiterates its call on Member States to allow all citizens of the Union living or working in a third country to be granted the right to cast their vote in elections to the European Parliament; Regrets that the lack of progress in the Council on the Commission proposal on a Council Directive laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for mobile Union citizens in elections to the European Parliament will prevent the entry into force of the innovations put forward by Commission and Parliament in time for the 2024 Elections;
2023/09/12
Committee: AFCO
Amendment 80 #

2023/2016(INI)

Motion for a resolution
Paragraph 19
19. Acknowledges the efforts made by the EU institutions to tackle disinformation and foreign interference, such as the 2022 Code of Practice on Disinformation and the Rapid Alert System; highlights, nonetheless, the need for more robust safeguards and measures against disinformation and internal and external interference in the electoral process; commits to step up its efforts in combating foreign interference attempts within the European Parliament;
2023/09/12
Committee: AFCO
Amendment 81 #

2023/2016(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Points to the ongoing interinstitutional negotiations on the proposal for a Regulation of the European Parliament and of the Council on the transparency and targeting of political advertising; calls on the Commission and the Council to pursue interinstitutional negotiations in the spirit of sincere cooperation, with a view to allow its legal provisions to be in force ahead of the electoral campaign for the 2024 European elections;
2023/09/12
Committee: AFCO
Amendment 164 #

2023/0323(COD)

Proposal for a regulation
Article 3 – paragraph 1 a (new)
1a. By way of derogation from paragraph 1, where the debtor is not a large undertaking within the meaning of Article 3(4) of Directive 2013/34/EU or a contracting authority and the creditor is a micro, small or medium-sized enterprise in the meaning of Commission Recommendation 2003/361/EC, the undertakings may agree a longer payment period. Where applicable, such derogatory payment periods, shall be agreed at national level for specific sectors, and shall be objectively justified by the specific features of the goods and services in these sectors, for example in case of seasonal sales, low turnover of stocks of goods, or in case of slow-moving cultural products with unique operating cycles.
2023/12/18
Committee: IMCO
Amendment 170 #

2023/0323(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. A procedure of acceptance or verification may be exceptionally provided for in national law only where strictly necessary due to the specific nature of the goods or services. In that case, the contract shall describe the details of the procedure of acceptance or verification, including its duration. Member States shall draw up lists of goods and services that shall be subject to a procedure of acceptance and verification.
2023/12/18
Committee: IMCO
Amendment 187 #

2023/0323(COD)

Proposal for a regulation
Article 3 – paragraph 4
4. The payment period set out in paragraph 1 is the maximum payment period and is without prejudice to a shorter period or longer derogatory periods in accordance with paragraph 1a, which may be provided for in national law.
2023/12/18
Committee: IMCO
Amendment 291 #

2023/0323(COD)

Proposal for a regulation
Article 11 – paragraph 2 a (new)
2a. Member States shall communicate to the Commission the lists of goods and services subject to the procedure of acceptance or verification set out in Article 3(2). This information shall be made publicly available via the Single Digital Gateway and the EU Payment Observatory.
2023/12/15
Committee: IMCO
Amendment 295 #

2023/0323(COD)

Proposal for a regulation
Article 11 – paragraph 2 b (new)
2b. Where applicable, Member States shall communicate to the Commission the sectors, goods and services, subject to derogatory payment period set out in Article 3(1a). This information shall be made publicly available via the EU Payment Observatory.
2023/12/15
Committee: IMCO
Amendment 327 #

2023/0323(COD)

Proposal for a regulation
Article 13 – paragraph 3 a (new)
3a. Enforcement authorities shall make publicly available aggregated information regarding the number of complaints lodged against undertakings and public authorities due to violation of Article 3 of this Regulation.
2023/12/15
Committee: IMCO
Amendment 4 #

2023/0264(BUD)

Draft opinion
Paragraph 3
3. Regards as insufficient the 0,9 % and 1,7 % increase in the commitment and payments appropriations respectively for ‘Communication services for citizens’ compared to the 2023 budget; proposes a 15 % increase of the commitment appropriations as compared to the 2023 budget in view of intensified communication activities related to the European elections information campaign; underlines that adequate financial means must be made available to enable and further develop the participation of citizens in both the strategic and day-to- day decision-making of the Union, including through dedicated funds for an online one-stop-shop for all the existing participation instruments as well as an EU Citizens' Agora;
2023/09/11
Committee: AFCO
Amendment 7 #

2023/0264(BUD)

Draft opinion
Paragraph 4 a (new)
4a. Demands a 20 % increase in the resources devoted to Union citizenship, which have remained static despite repeated demands for policymaking and regulatory interventions, and a foreseeable need for further increases, including as a result of new Member States and treaty reforms. This is especially the case if calls for the creation of an EU citizenship statute are to be met. This initiative requires widespread public consultation and expert input ahead of the European elections. The process should be dynamic, linked to the European dimension of citizenship education and an expansion of citizenship-specific rights.
2023/09/11
Committee: AFCO
Amendment 126 #

2023/0085(COD)

Proposal for a directive
Recital 32
(32) The Commission Recommendation (EU) 2021/2279 contains guidance on how to measure the life cycle environmental performance of specific products or organisations and how to develop Product Environmental Footprint Category Rules (PEFCRs) and Organisation Environmental Footprint Sectorial Rules (OEFSRs) that allow comparison of products to a benchmark. Such category rules for specific products or traders can be used to support the substantiation of claims in line with the requirements of this Directive. Therefore, the Commission should be empowered to adopt delegated acts to establish product group or sector specific rules where this may have added value. However, in case the Product Environmental Footprint method does not yet cover an impact category, which is relevant for a product group, the adoption of PEFCR may take place only once these new relevant environmental impact categories have been added. For example, as regards marine fisheries, the PEFCR should for example reflect the fisheries- specific environmental impact categories, in particular the sustainability of the targeted stock. Concerning space, the PEFCR should reflect defence and space- specific environmental impact categories, including the orbital space use. As regards food and agricultural products, biodiversity and nature protection, as well as farming practices, including positive externalities of extensive farming and animal welfare, should, for example, also be integrated before the adoption of PEFCR could be considered. As regards textiles, the PEFCR should for example reflect the microplastics release, before the adoption of PEFCR could be considered. To further develop the current PEF methodology and address its limitations, the Commission shall regularly update the methodology in order to reflect scientific progress.
2023/11/14
Committee: ENVIIMCO
Amendment 196 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 – introductory part
2. This Directive does not apply to environmental labelling schemes or to explicit environmental claims or to sustainability reporting regulated by or substantiated by rules established in:
2023/11/14
Committee: ENVIIMCO
Amendment 762 #

2023/0085(COD)

Proposal for a directive
Article 17 – paragraph 3
3. Member States shall provide that penalties and measures for infringements of this Directive shall include: (a) fines which effectively deprive those responsible of the economic benefits derived from their infringements, and increasing the level of such fines for repeated infringements; (b) confiscation of revenues gained by the trader from a transaction with the relevant products concerned; (c) temporary exclusion for a maximum period of 12 months from public procurement processes and from access to public funding, including tendering procedures, grants and concessions. For the purposes of point (a), Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394115 , the maximum amount of such fines being at least at 4 % of the trader’s annual turnover in the Member State or Member States concerned. _________________ 115 OJ L 345, 27.12.2017, p. 1.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 111 #

2023/0083(COD)

Proposal for a directive
Recital 15
(15) The obligation to repair should also be effective in cases where the producer is established outside the Union. In order to enable consumers to turn to an economic operator established within the Union to perform this obligation, this Directive foresees a sequence of alternative economic operators required to perform the obligation to repair of the producer in such cases. This should enable pOnline platforms play an important role in the supply chain of goods to consumers and should be covered by this Directive. This should prevent situations where no economic operator is established in the Union to fulfil the repair obligation. Producers located outside the Union toshould organise and perform their obligation to repair within the Union.
2023/09/08
Committee: IMCO
Amendment 133 #

2023/0083(COD)

Proposal for a directive
Recital 21
(21) In order to encourage repair, Member States should ensure that for their territory at least one online platform exists which enables consumers to search for suitable repairers. That platform may be an existing or privately operated platform, if it meets the conditions laid down in this Directive. If such an online platform does not exist, Member States should seek to create one in collaboration with the involved economic operators. That platform should include user-friendly and independent comparison tools which assist consumers in assessing and comparing the merits of different repair service providers, thereby incentivising consumers to choose repair instead of buying new goods. While that platform aims at facilitating the search for repair services in business-to-consumer relationships, Member States are free to extend its scope also to include business- to-business relationships as well as community-led repair initiatives.
2023/09/08
Committee: IMCO
Amendment 145 #

2023/0083(COD)

Proposal for a directive
Recital 25
(25) In order to facilitate obtaining the European Repair Information Form, the online platform should include the possibility for consumers to directly request that form from the repairer through the online platform. This possibility should be displayed in a prominent manner on the online platform. To create awareness of national online repair platforms and to facilitate access to such platforms across the Union, Member States should ensure that their online platforms are accessible through relevant national webpages connected to the Single Digital Gateway established by Regulation (EU) 2018/1724 of the European Parliament and of the Council20 . To raise consumer awareness of the online platform, Member States should undertake appropriate steps, for instance sign-post the online platform on related national websites or carry . Methods to raise awareness shall take into account communication campaignand be accessible for consumers with low literacy and digital skills. __________________ 20 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).
2023/09/08
Committee: IMCO
Amendment 153 #

2023/0083(COD)

Proposal for a directive
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers. Such standard should take into consideration the specific needs of SMEs.
2023/09/08
Committee: IMCO
Amendment 160 #

2023/0083(COD)

Proposal for a directive
Recital 28
(28) In order to promote repair within the liability of the seller as established in Directive (EU) 2019/771, the harmonised conditions under which the choice between the remedies of repair and replacement can be exercised should be adapted. The principle established in Directive (EU) 2019/771 to use the consideration whether the remedy chosen would impose costs on the seller that are disproportionate as compared to the other remedy, as one of the criteria to determine the applicable remedy, should be maintained. The consumer remains entitled to choose repair over replacement, unless repair would be impossible or it would impose disproportionate costs on the seller as compared to replacement. However, where the costs for replacement are higher than or equal to the costs of repair, the seller should always repair the goods. Hence, the consumer is entitled to choose replacement as a remedy only where it is cheaper than repair. Where following a repair the good is not in conformity, the principles established by Directive 2019/771 should apply. This should prevent situations where consumers face consecutive repairs for the same defects of the same good. Directive (EU) 2019/771 should therefore be amended accordingly.
2023/09/08
Committee: IMCO
Amendment 163 #

2023/0083(COD)

Proposal for a directive
Recital 28 a (new)
(28a) Directive (EU) 2019/771 imposes an obligation on sellers to repair goods where there is lack of conformity at the moment of delivery of goods that became apparent within the liability period. In order to promote repair within the liability period, once consumers choose repair as a remedy to bring a good into conformity, they should be able to benefit from an extended liability period of an additional six months starting from the moment when their repaired good is returned to them. Directive (EU) 2019/771 should therefore be amended accordingly.
2023/09/08
Committee: IMCO
Amendment 192 #

2023/0083(COD)

Proposal for a directive
Article 3 – paragraph 1
Member States shall not maintain or introduce in their national law provisions diverging from those laid down in this Directive in order to achieve a better functioning of the internal market.
2023/09/08
Committee: IMCO
Amendment 208 #

2023/0083(COD)

Proposal for a directive
Article 4 – paragraph 3 a (new)
3a. Producers shall provide in a clear manner all available information necessary for the repairer to complete the European Repair Information Form.
2023/09/08
Committee: IMCO
Amendment 227 #

2023/0083(COD)

Proposal for a directive
Article 4 – paragraph 5
5. The repairer shall not alter the conditions of repair specified in the European Repair Information Form for a period of minimum 30 calendar days as from the date on which that form was provided to the consumer, unless the repairer and the consumer have agreed otherwise. If a contract for the provision of repair services is concluded within the 30 dayis period, the conditions of repair specified in the European Repair Information Form shall constitute an integral part of that contract.
2023/09/08
Committee: IMCO
Amendment 246 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 2
2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer. Where the producer, the importer or the distributor are not established in the Union, and where there is no authorised representative, the obligations of the producer shall be performed by a provider of an online platform that allows consumers to conclude distance contracts with traders, provided that the conditions of Article 6(3 set out in regulation (EU) 2022/2065 are fulfilled.
2023/09/08
Committee: IMCO
Amendment 252 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 2
2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer. Where the importer or distributor of the good is based outside of the Union, the producer is required to have an authorised representative in the Union to perform the obligation of this Directive.
2023/09/08
Committee: IMCO
Amendment 277 #

2023/0083(COD)

Proposal for a directive
Article 5 – paragraph 4
4. The Commission is empowered to adopt delegated acts, after a comprehensive assessment, in accordance with Article 15 to amend Annex II by updating the list of Union legal acts laying down reparability requirements in the light of legislative developments.
2023/09/08
Committee: IMCO
Amendment 294 #

2023/0083(COD)

Proposal for a directive
Article 7 – paragraph 1 – point d a (new)
(da) allow for consumers to provide a review or rating, reflect the quality of repairers’ work;
2023/09/08
Committee: IMCO
Amendment 300 #

2023/0083(COD)

Proposal for a directive
Article 7 – paragraph 3
3. Registration on the online platform for repairers, as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of charge for consumers and independent repairers which are microenterprises, small or medium sized enterprises within the meaning of Commission Recommendation 2003/361/EC45.
2023/09/08
Committee: IMCO
Amendment 314 #

2023/0083(COD)

Proposal for a directive
Article 8 – paragraph 2 a (new)
2a. Member States shall take appropriate measures to assist small and medium sized enterprises within the meaning of Commission Recommendation 2003/361/EC in applying the requirements set out in this Directive. Such measures should include, but not be limited to, promoting guidelines to raise awareness of ways to comply with the requirements set out in this Directive.
2023/09/08
Committee: IMCO
Amendment 353 #

2023/0083(COD)

Proposal for a directive
Article 12 – paragraph 1 a (new)
In Article 13 the following paragraph is inserted: "4a. Where, in accordance with paragraph 2 of this Article, the consumer chooses repair as remedy to bring the goods in conformity, the seller shall be liable for any lack of conformity existing at the time the consumer received the repaired goods and which becomes apparent within six months after that time. Without prejudice to Article 7(3), this paragraph shall also apply to goods with digital elements. This paragraph shall be without prejudice to other time limits under Article 10 and further claims of the consumer."
2023/09/08
Committee: IMCO
Amendment 2 #

2022/2206(INI)

Motion for a resolution
Citation 8 a (new)
— having regard to the Report on the Final Outcome of the Conference on the Future of Europe, proposals 36 and 37, as well as the recommendations of European Citizens’ Panel 2 “European democracy / Values and rights, rule of law, security” in particular;
2023/03/08
Committee: AFCO
Amendment 16 #

2022/2206(INI)

Motion for a resolution
Recital I
I. whereas the Commission has received 122 ECI requests since the introduction of the ECI instrument, 97 of which have been registered; whereas the Commission has received 28 ECI requests under the revised ECI Regulation, 25 of which have been registered, while two are currently being assessed; whereas 20 ECI requests have been withdrawn by the organisers before the end of the collection period; whereas 47 ECIs have not reached the threshold of one million signatures by the end of the collection period;
2023/03/08
Committee: AFCO
Amendment 19 #

2022/2206(INI)

Motion for a resolution
Recital J a (new)
J a. whereas the final conclusions of the Conference on the Future of Europe recommend that the effectiveness of existing citizens’ participation should be improved by better informing on them and by making them more secure, accessible, visible and inclusive; whereas citizens panels of the Conference recommended that the EU should be closer to citizens in a more assertive way and that the EU should promote the use of mechanisms of citizens’ participation;
2023/03/08
Committee: AFCO
Amendment 23 #

2022/2206(INI)

Motion for a resolution
Paragraph 1
1. Points out that the ECI is the onlyshould be an important tool for participatory democracy at EU level that can potentially lead to a proposal for a legal act of the Union; regrets, however, that the overall number of valid ECIs and the impact of the instrument on EU decision-making remains very low; considers it therefore essential to involvesignificantly strengthen the participation of citizens, in particular young people, in the democratic life of the Union; recalls, therefore, that both the regulatory and institutional framework and the use of the ECI instrument must be enhanced by all available means;
2023/03/08
Committee: AFCO
Amendment 28 #

2022/2206(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Welcomes the partial registration of ECIs legally introduced by the revised ECI Regulation as a first step toward an increased admissibility and more effective institutional follow-up of ECIs; points out, however, that EU institutions also have a democratic duty to support the citizens concerned and help provide follow-up where a registered ECI falls outside of the EU’s remit;
2023/03/08
Committee: AFCO
Amendment 34 #

2022/2206(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Underlines the importance of integrating eID-type systems in ECI signatures and encourages their use, including the new European eID system;
2023/03/08
Committee: AFCO
Amendment 35 #

2022/2206(INI)

Motion for a resolution
Paragraph 4
4. Highlights that organising an ECI is a too demanding and costly process; acknowledgeregrets that it is very difficult for individual citizens to manage ECIs without being supported by associations with strong organisational capacity and financial means; underlines, therefore, the need to reduce regulatory, administrative and financial hurdles for individual citizens as much as possible; notes that there are major differences between the financial resources available to different ECIs; underlines, therefore, the need for financial support for the organisation of ECIs;
2023/03/08
Committee: AFCO
Amendment 38 #

2022/2206(INI)

Motion for a resolution
Paragraph 5
5. Points to the imbalance between citizens’ expectations, the huge amount of effort and extensive resources necessary to organise ECIs and their weak political and legal effects, even if the required threshold of one million signatures is reached, which may deterdiscourages citizens from launching ECIs; stresses the need to reduce regulatory hurdles during the registration phase as much as possible to fully exploit the ECI’s potential as an agenda-setting tool;
2023/03/08
Committee: AFCO
Amendment 40 #

2022/2206(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Believes that ECIs could get much more support and publicity if they were also promoted on relevant platforms at national level; encourages interlinking the website of the EU on the ECI with appropriate online platforms at national level on citizens’ participation;
2023/03/08
Committee: AFCO
Amendment 46 #

2022/2206(INI)

Motion for a resolution
Paragraph 7
7. Regrets the weak political and legal impact of valid ECIs; stresses that, for the objectives of the revised ECI Regulation to be achieved and the full potential of this instrument to be realised, the Commission needs to appropriately consider and respond to valid ECIs;
2023/03/08
Committee: AFCO
Amendment 50 #

2022/2206(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Highlights that active and effective citizens’ participation in the democratic life of the EU, including the ECI, is strongly linked to citizenship education; reiterates the need to include and further strengthen the attention for EU politics and participatory democracy in education programs and curricula across the EU;
2023/03/08
Committee: AFCO
Amendment 54 #

2022/2206(INI)

Motion for a resolution
Paragraph 9
9. Underlines that the ECI must be made more accessible for citizens by all available means; underlines the need to continue to raise awareness of this participatory instrument, in particular by promoting it on social media and including it in civic education curriculums, in order to reach as many citizens as possible, especially young people; underlines that the EU should be more visible, and better integrated, in teaching materials and extracurricular activities, given its impact on the everyday life of its citizens; considers that teaching materials should include information about ECIs;
2023/03/08
Committee: AFCO
Amendment 58 #

2022/2206(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Commits to review Article 11(4) TEU as well as the other relevant Treaty provisions to assess how the ECI instrument can be made more accessible for citizens and the institutional follow-up strengthened;
2023/03/08
Committee: AFCO
Amendment 63 #

2022/2206(INI)

Motion for a resolution
Paragraph 9 b (new)
9 b. Calls on the Commission to reconsider the criteria for registering an ECI, including by also allowing the registration of ECIs outside the framework of the Commission's powers to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties, and also on topics which would require a change of the Treaties;
2023/03/08
Committee: AFCO
Amendment 66 #

2022/2206(INI)

Motion for a resolution
Paragraph 9 c (new)
9 c. Calls on the Commission to consider ways to provide more effective follow-up to registered ECIs outside of the EU’s remit through a structured cooperation with Member States;
2023/03/08
Committee: AFCO
Amendment 67 #

2022/2206(INI)

Motion for a resolution
Paragraph 9 d (new)
9 d. Recommends that the EU engages with Member States to ensure that direct democracy and citizens’ participation in EU decision-making becomes part of education programs and curricula across the EU;
2023/03/08
Committee: AFCO
Amendment 76 #

2022/2206(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to provide progressive financial support for ECIs that reach thecertain threshold of one million signatures in signature collection (eg. 250 000, 500 000, 1 000 000), thus encouraging a performance- based process;
2023/03/08
Committee: AFCO
Amendment 89 #

2022/2206(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Calls on the Commission to launch a Citizens' Panel of randomly selected citizens on every ECI that reaches the threshold of one million signatures, thus raising the profile of the initiative and nurturing the follow-up process;
2023/03/08
Committee: AFCO
Amendment 92 #

2022/2206(INI)

Motion for a resolution
Paragraph 15
15. Recommends thatCommits to follow-up on every valid ECI and every Commission communication setting out its legal and political conclusions on a specific ECI be followed by a vote onwith a parliamentary resolution, which would require the modification of Rule 222(8) and (9) of Parliament’s Rules of Procedure, or, where relevant, with an legislative own-initiative report (INL);
2023/03/08
Committee: AFCO
Amendment 94 #

2022/2206(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Calls for the creation of a central hub of all the participatory instruments used in the European Union, in order to develop synergies and increase the up- take of these instruments, while limiting the fragmentation of the citizens’ participation infrastructure;
2023/03/08
Committee: AFCO
Amendment 118 #

2022/2194(INL)

1. Member States shall decide by mutual agreement, and on the basis of a case-by-case assessment pursuant to Article 11(1), point (cd), and to Article 12, to set up a Cross-border committee tasked with the formulation of an ad-hoc solution to address one or more obstacles identified through an initiative document.
2023/06/06
Committee: REGI
Amendment 124 #

2022/2194(INL)

Motion for a resolution
Article 7 – point 1 – point b
(b) provide, if requested, practical information and interpretation of the subject area and the thematic focus of this Regulation;
2023/06/06
Committee: REGI
Amendment 134 #

2022/2194(INL)

Motion for a resolution
Article 10 – point 3 – point a
(a) in cases where the initiative document was prepared in accordance with Article 9, inform the initiator within one month that it is admissible, and therefore that an obstacle exists;
2023/06/06
Committee: REGI
Amendment 143 #

2022/2194(INL)

Motion for a resolution
Article 11 – point 1 – point e
(e) inform the initiator about its commitment to address the obstacle by taking all necessary measures in compliance within its own legislative framework.that the implementation of the project is hampered by an obstacle that is legal in nature, namely that can be resolved via a legislative procedure, and take one of the following measures:
2023/06/06
Committee: REGI
Amendment 144 #

2022/2194(INL)

Motion for a resolution
Article 11 – point 1 – point e – point i (new)
i) Commit to address the obstacle by taking all necessary measures in full compliance with its legislative framework, and liaise with the competent national, regional or local authority to that end;
2023/06/06
Committee: REGI
Amendment 145 #

2022/2194(INL)

Motion for a resolution
Article 11 – point 1 – point e – point ii (new)
ii) decide not to address the obstacle while setting out in writing the grounds of its decision, and the means of review available at national level to challenge its decision;
2023/06/06
Committee: REGI
Amendment 149 #

2022/2194(INL)

Motion for a resolution
Article 12 – point 1
1. Upon notification of the Cross- Border Coordination point of first contact of its request to draft an ad-hoc solution in the context of a Cross-border Committee pursuant to Article 11(1), point (cd), the Cross-border Coordination Point of the bordering Member State concerned shall decide whether to initiate the procedures referred to in Article 13 within one month of that notification, and communicate its decision in writing to the Cross-border Coordination Point of first contact. If the Cross-border Coordination Point of the bordering Member State concerned decides to follow the procedures referred to in Article 13, it shall list the national, regional and local authorities which shall take part in the preparation of the ad-hoc solution.
2023/06/06
Committee: REGI
Amendment 2 #

2022/2188(INI)

Draft opinion
Recital B
B. whereas the economic partnership between the EU and UK should generate mutually beneficial opportunities and ensure legal certainty for businesses, especially SMEs and protection for consumers; whereas full implementation of the Windsor Framework is of the utmost importance for the integrity of the internal market and the customs union, which are areas that fall under the responsibility of the Committee on the Internal Market and Consumer Protection;
2023/05/26
Committee: IMCO
Amendment 6 #

2022/2188(INI)

Draft opinion
Recital C a (new)
C a. whereas EU has reacted quickly to implement the Windsor framework and now the UK is expected to promptly implement its part thereof;
2023/05/26
Committee: IMCO
Amendment 8 #

2022/2188(INI)

Draft opinion
Recital G
G. whereas the UK Competition and Markets Authority is no longer part of the EU Consumer Protection Cooperation Network; whereas cooperation between authorities is vital to ensure proper enforcement of consumer rights and should be stepped up;
2023/05/26
Committee: IMCO
Amendment 11 #

2022/2188(INI)

Draft opinion
Recital H
H. whereas EU and UK consumer protection provisions will diverge over time and will impact consumers, notably when it comes to passenger rights; whereas the Commission will track the divergence between EU and UK laws; whereas access to this divergence tracking wouldill benefit Parliament and civil society organisations by better allowing them to scrutinise the implementation of the TCA;
2023/05/26
Committee: IMCO
Amendment 14 #

2022/2188(INI)

Draft opinion
Paragraph 1
1. Welcomes the conclusion of the Windsor Framework; welcomes the fact that this agreement establishes new rules with regard to sharing customs data in order to enable real-time access; takes note of the recommendation of 24 March 2023 on the subject of enforcement and market surveillance; and stresses the need for effective mechanisms to ensure compliance with regulatory requirements, in order to provide legal certainty for businesses, especially SMEs, to enhance consumer protection and to guarantee level playing field in the EU-UK relationship;
2023/05/26
Committee: IMCO
Amendment 15 #

2022/2188(INI)

Draft opinion
Paragraph 2
2. CStresses that EU has reacted quickly to implement the Windsor framework and now the UK is expected to promptly implement its part thereof; furthermore, considers it essential that both parties fully comply with the Withdrawal Agreement, the Protocol thereto and the Windsor Framework to facilitate the unprecedented levels of UK access to the EU internal market under the TCA while preserving the integrity of the internal market and the customs union, and fostering fair competition;
2023/05/26
Committee: IMCO
Amendment 19 #

2022/2188(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to ensure that the EU and the UK cooperate closely on the subject of customs, including by ensuring an effective exchange of information and, constructive dialogue and effective method of cooperation between customs administrations, in addition to an interoperable and coordinated Single Window Environment, and by implementing common standards and data elements aimed at simplifying clearance processes; furthermore, calls for regular reviews and evaluations to ensure that established cooperation mechanisms remain effective and future-proof;
2023/05/26
Committee: IMCO
Amendment 24 #

2022/2188(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to start implementingStresses the importance of Article 96 of the TCA on cooperation on market surveillance and non-food product safety and compliance without delayand calls on the Commission to implement it without delay; calls for the development of joint initiatives and projects, as well as the establishment of dedicated ways of communication and coordination between the EU and the UK to facilitate the exchange of information, best practices, and technical expertise in the areas of market surveillance and product safety; stresses the need for regular monitoring, evaluation and reporting on the progress of the cooperation efforts stipulated in Article 96;
2023/05/26
Committee: IMCO
Amendment 28 #

2022/2188(INI)

Draft opinion
Paragraph 6
6. Highlights the positive role of the TCA DAG and calls for the group to be more deeply involved in ParliaStresses the crucial importance of parliamentary scrutiny of the TCA's provisions for ensuring more transparency and accountability; highlights the positive role of the TCA DAG in facilitating dialogue and cooperation between the EU and the UK under the TCA and in providing expertise, assessments scrutinising of the TCA implementationand recommendations on the implementation of the TCA; encourages the establishment of cooperation mechanisms between the European Parliament and the TCA DAG, providing opportunities for open dialogue and sharing of expertise;
2023/05/26
Committee: IMCO
Amendment 31 #

2022/2188(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to provide Parliament and the public with access to the data tracking the divergence between EU and UK law; recognises the importance of such tracking mechanism for ensuring informed decision-making, enhancing public trust, and facilitating a deeper understanding of the post-Brexit context; calls for the establishment of a platform, allowing public access to up-to- date information on the areas of EU-UK law divergence.
2023/05/26
Committee: IMCO
Amendment 1 #

2022/2172(INI)

Draft opinion
Recital A
A. whereas, according to Article 311 of the Treaty on the Functioning of the European Union (TFEU), the Union must provide itself with the means necessary to fulfil its objectives and carry out its policies; and whereas according to the same article the budget shall be financed wholly from own resources;
2023/01/16
Committee: AFCO
Amendment 5 #

2022/2172(INI)

Draft opinion
Recital D a (new)
D a. whereas currently the Budget is already financed by own resources through custom duties and value-added tax, despite that Member States regard these resources as part of their national budget and thus as national contributions to the Union;
2023/01/16
Committee: AFCO
Amendment 6 #

2022/2172(INI)

Draft opinion
Recital D b (new)
D b. whereas the Union has created own resources for specific aims such as the Next Generation EU;
2023/01/16
Committee: AFCO
Amendment 8 #

2022/2172(INI)

1. Notes that the introduction of new genuine own resources is behind the schedule set out in the legally binding roadmap of Annex II to the Interinstitutional Agreement of 16 December 20204 ; reiterates the need to move swiftly; urges the Council, therefore, to approve the first basket of new genuine own resources without any further delay; _________________ 4 OJ L 433 I, 22.12.2020, p. 28.
2023/01/16
Committee: AFCO
Amendment 14 #

2022/2172(INI)

Draft opinion
Paragraph 3
3. Underlines that new genuine own resources (also known as ‘fresh income’) are urgently needed in order to make the Union budget more resilient and autonomous so as to allow the Union to deliver on its policies and to ensure its standing as a credible and smart debt issuer; underlines that such new resources should also enable the Union to repay the common debt and interests under Next Generation EU
2023/01/16
Committee: AFCO
Amendment 17 #

2022/2172(INI)

Draft opinion
Paragraph 4
4. Insists that new genuine own resources will reduce the Union budget’s dependence othe increase in revenue financed through new genuine own resources must be coupled with the progressive reduction in gross national income- based contributions and thus reduce Member States’ tendency to think in terms of net positionfrom Member States; insists that national rebates should be cancelled;
2023/01/16
Committee: AFCO
Amendment 22 #

2022/2172(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Stresses that the practice of transferring resources allocated for the Cohesion Policy to other instruments, such as the Resilience and Recovery Facility, to finance emergency policies risks undermining the balance between the long-term and short-term policy objectives of the Union;
2023/01/16
Committee: AFCO
Amendment 23 #

2022/2172(INI)

Draft opinion
Paragraph 5 b (new)
5 b. Highlights that an effective response to exogenous shocks requires the creation of a dedicated fund, financed through specific own resources; Supports in this respect the continuation of the interinstitutional dialogue aimed at establishing a Strategic autonomy Fund for Europe;
2023/01/16
Committee: AFCO
Amendment 24 #

2022/2172(INI)

Draft opinion
Paragraph 5 c (new)
5 c. Underlines that the decision- making procedures laid down by Article 311(3) TFEU, which binds the adoption of new own-resources to unanimity voting in the Council, and to the ratification by all 27 Member States in accordance with their respective constitutional requirements, severely hamper the Union's capacity to swiftly adapt its macroeconomic interventions;
2023/01/16
Committee: AFCO
Amendment 26 #

2022/2172(INI)

Draft opinion
Paragraph 6
6. Calls in this regard for Article 311(3) TFEU to be amended to allow Parliament to co-decide when adopting new own resources;
2023/01/16
Committee: AFCO
Amendment 28 #

2022/2172(INI)

Draft opinion
Paragraph 7
7. Calls furthermore for the application of the ordinary legislative procedure when adopting the implementing measures of the Own Resources Decision, and to give Parliament full budgetary powers;
2023/01/16
Committee: AFCO
Amendment 30 #

2022/2172(INI)

Draft opinion
Paragraph 8
8. Suggests assigning green and digital-related new genuine own resources to expenditures in the areas of climate protection and digital change; believes that such links would improve coherence and transparency within the EU budget;deleted
2023/01/16
Committee: AFCO
Amendment 32 #

2022/2147(INI)

Motion for a resolution
Recital A a (new)
Aa. having regard to the richness of the biodiversity in the outermost regions – exemplified by the mangroves that surround and protect the ORs and by the Amazon forest, which covers 96% of the territory of French Guiana and is one of the world’s largest biodiversity reservoirs – and to the importance of that biodiversity in achieving the EU’s climate objectives;
2022/12/13
Committee: REGI
Amendment 135 #

2022/2147(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Calls on the Commission to authorise, subject to conditions, the establishment of social free zones, and to work with the Member States to evaluate, renew and adapt the existing free zones with a view to supporting economic recovery, job creation and skills development in these regions, above all in the most vulnerable sectors and those with most potential;
2022/12/13
Committee: REGI
Amendment 271 #

2022/2147(INI)

Motion for a resolution
Paragraph 30
30. Underlines the ORs’ vulnerability to climate change and geological effects, in particular to extreme weather and seismic events; defends the position, therefore, that the EU Solidarity Fund should be revised to enable it to respond to smaller-scale disasters and to include the costs associated with prevention, evacuation and the disruption of local economies in the event of extended seismic or volcanic activity;
2022/12/13
Committee: REGI
Amendment 308 #

2022/2147(INI)

Motion for a resolution
Paragraph 39
39. Underlines the privileged location and available infrastructures in some of the ORs for space activities, in particular to ensure the Union has autonomous access to space; regrets the lack of specific commitments by the Commission in this area;
2022/12/13
Committee: REGI
Amendment 29 #

2022/2143(INI)

Motion for a resolution
Recital B
B. whereas, as a legal community, the EU is dependent on the effective and uniform application and enforcement of its law; whereas such effectiveness and uniformity can only be ensured if EU law takes precedence over national law; whereas the principle of primacy therefore constitutes a cornerstone of the EU’s legal order, which is essential for the EU’s functioning; whereas, in the same spirit, the principle is a centre piece in the creation of an “ever closer union among the peoples of Europe”, as foreseen by the Treaties;
2023/09/06
Committee: JURIAFCO
Amendment 42 #

2022/2143(INI)

Motion for a resolution
Recital C
C. whereas the principle of primacy is not explicitly enshrined in the Treaties, but has developed over decades through the case- law of the Court of Justice of the European Union (CJEU); whereas, ever since its landmark Costa v E.N.E.L. judgment of 15 July 1964 in Case C-6/646 , the CJEU has on countless occassions reaffirmed that EU law takes precedence over the law of the Member States, regardless of the rank of the national legislation or the time of its adoption; whereas the principle of primacy therefore applies to any provision of domestic law, including provisions of a constitutional nature, in accordance with the well- established case-law of the CJEU; whereas, by virtue of the same jurisprudence, the principle also applies to international agreements concluded by Member States where those agreements are covered by the sphere of competence of the EU; _________________ 6 Judgment of the Court of Justice of 15 July 1964, Costa v E.N.E.L., C-6/64, ECLI:EU:C:1964:66.
2023/09/06
Committee: JURIAFCO
Amendment 56 #

2022/2143(INI)

Motion for a resolution
Recital E
E. whereas the case-law establishing the principle of primacy has been implicitis widely accepted by the Member States, which have never used a Treaty revision to lay downamended the Treaties to introduce exceptions to the precedenceimacy of EU law;
2023/09/06
Committee: JURIAFCO
Amendment 68 #

2022/2143(INI)

Motion for a resolution
Recital F
F. whereas severalcertain national constitutional courts have nevertheless defendargued the existence of certain limits to the principle of primacy; whereas these reservations mostly concern respect for EU competences and the national constitutional identity;
2023/09/06
Committee: JURIAFCO
Amendment 78 #

2022/2143(INI)

Motion for a resolution
Recital G
G. whereas the principle of primacy does not imply a hierarchy between the legal orders of the EU and the Member States, but rather requires that, in the event of conflicting provisions of EU and national law, national courts must disapplyauthorities and courts cannot apply or enforce those national provisions, and that national authorities and courts interpret their national law in conformity with EU law; whereas the principle furthermore requires that conflicting national provisions must be repealed or amended to comply with EU law;
2023/09/06
Committee: JURIAFCO
Amendment 99 #

2022/2143(INI)

Motion for a resolution
Recital J
J. whereas, in accordance with Article 258 TFEU, the Commission has the possibility, as guardian of the Treaties, the task of opening an infringement procedure before the CJEU against a Member State that has failed to fulfil the obligations resulting from the principle of primacy;
2023/09/06
Committee: JURIAFCO
Amendment 108 #

2022/2143(INI)

Motion for a resolution
Paragraph 1
1. Reiterates that, by their accession to the EU, the Member States have adhered to a certain number ofthe EU acquis and all the core EU values and principles that underpin it, which they share and have undertaken to respect at all times; recalls that these include the principle of primacy;
2023/09/06
Committee: JURIAFCO
Amendment 132 #

2022/2143(INI)

Motion for a resolution
Paragraph 2
2. Recalls in this regard that, in accordance with consistent case-law and on the basis of Article 4(2) TEU, although the Member States have a certain degree of discretion in implementing the principles of EU law, their obligations as to the result to be achieved do not vary from one Member State to another and the executive force of EU law may not vary from one Member State to another; emphasises that the same logic applies within the Member States, as compliance with EU law and its principles may not vary over time as a result of national legal, political or social changes;
2023/09/06
Committee: JURIAFCO
Amendment 163 #

2022/2143(INI)

Motion for a resolution
Paragraph 5
5. Points, however, to the negative consequences of any decision of a national constitutional court that challenges the principle of primacy; stresses that, if every national constitutional court could decide on the limits of the primacy of EU law, the effectiveness and uniformity of EU law would be seriously jeopardisedcease to exist, and thereby the guarantee for equal treatment of citizens and businesses across the Union; underlines that challenging CJEU judgments on the basis of national constitutional reservations concerning respect for EU competences or the national constitutional identity genuinely undermines the CJEU’s authority, as well as the legitimacy and proper functioning of the EU;
2023/09/06
Committee: JURIAFCO
Amendment 183 #

2022/2143(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Welcomes the changes proposed by the Court in the pending draft regulation of the European Parliament and of the Council amending Protocol No 3 on the Statute of the Court of Justice of the European Union; believes that a more balanced distribution of labour between the Court of Justice and the General Court should give way for a more intense judicial dialogue between EU and Member States’ courts and tribunals, enabling them to resolve persisting tensions surrounding the principle of the primacy of EU law; encourages the EU and national courts and tribunals to also intensify their judicial dialogue through informal channels;
2023/09/06
Committee: JURIAFCO
Amendment 214 #

2022/2143(INI)

Motion for a resolution
Paragraph 9
9. EncouragesCalls on the Commission to initiate infringement procedures under Article 258 TFEU in response to judgments of national constitutional courts that challenge the principle of primacy; underlines that such procedures provide the opportunity for supreme courts to engage in a judicial dialogue; stresses also the need to make clear to other national constitutional courts that there are consequences for failing to respect the principle of primacy; reiterates that challenges to the principle of primacy of EU law are sometimes part of a systemic undermining of the Rule of Law by a Member State government, which merit further action by the EU institutions, including activating and advancing Article 7 proceedings and the EU Rule of Law budget conditionality Regulation;
2023/09/06
Committee: JURIAFCO
Amendment 225 #

2022/2143(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Notes that the general application and implementation of EU law is the very precondition for its primacy; calls on the Commission to step up its efforts to enforce EU law, in particular by increasing infringement actions where Member States are failing to implement EU law;
2023/09/06
Committee: JURIAFCO
Amendment 226 #

2022/2143(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Notes that in some cases, Member State authorities are not implementing CJEU judgments, without this being followed by further enforcement action by the Commission, meaning that individuals and businesses have a judgement by the highest EU court ignored by their national authorities without any further available remedy; calls on the Commission to produce an implementation scoreboard for each CJEU judgement and, should implementation fail, initiate infringement procedures against the Member State;
2023/09/06
Committee: JURIAFCO
Amendment 1 #

2022/2142(INI)

Motion for a resolution
Citation 8 a (new)
— Having regard to the report of the Committee on Constitutional Affairs on improving the functioning of the European Union building on the potential of the Lisbon Treaty (A8-0386/2016),
2023/03/17
Committee: AFCO
Amendment 2 #

2022/2142(INI)

Motion for a resolution
Citation 8 b (new)
— Having regard to the report of the Committee on Constitutional Affairs on possible evolutions of and adjustments to the current institutional set-up of the European Union (A8-0390/2016)
2023/03/17
Committee: AFCO
Amendment 3 #

2022/2142(INI)

Motion for a resolution
Recital A
A. whereas the unanimity requirement in the Council continues to be one of the biggest impediments in reaching rapid and effective EU decision- making processes; whereas some Member States have repeatedly used their right to veto to block or delay decisions, notably in order to raise concerns on other unrelated issuer even exert undue pressure on other unrelated issues; whereas this raises, in some cases, serious concerns related to the full respect of the principle of sincere cooperation; whereas this has affected the Union’s ability to act, notably to tackle crisis situations, and pursue its objectives in several areas;
2023/03/17
Committee: AFCO
Amendment 10 #

2022/2142(INI)

Motion for a resolution
Recital B a (new)
B a. Whereas the allocation of Union financial resources to address the Covid- 19 and the consequences of Russia’s war of aggression against Ukraine requires a mid-term review of the 2021-2027 MFF; Whereas the achievement of unanimity in Council on the mid-term review of the MFF might delay this process, to the detriment of citizens and businesses in need;
2023/03/17
Committee: AFCO
Amendment 11 #

2022/2142(INI)

Motion for a resolution
Recital C
C. whereas passerelle clauses do not changecannot lead to an increase in nor to a modification of EU competences, but onlythey rather entail the streamlining of decision- making rulprocedures, allowing a move from unanimity to qualified majority voting (QMV) and/or from special legislative procedures to the ordinary legislative procedure (OLP) in specific cases;
2023/03/17
Committee: AFCO
Amendment 16 #

2022/2142(INI)

Motion for a resolution
Recital E
E. whereas passerelle clauses were already usedhave been used only once in 2004 to move to QMV and co-decision for specific decisions on visas, asylum, migration and free movement of persons3; whereas no passerelle clause has been activated since then entry into force of the Lisbon Treaty; _________________ 3 Council decision 2004/927 providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty (OJ L 396, 31.12.2004, p. 4).
2023/03/17
Committee: AFCO
Amendment 18 #

2022/2142(INI)

Motion for a resolution
Recital J
J. whereas the Treaties foresee that the activation of passerelle clauses still requires unanimity in the Council or the European Council;
2023/03/17
Committee: AFCO
Amendment 20 #

2022/2142(INI)

Motion for a resolution
Paragraph 1
1. Believes that the Union must be ableequipped with all necessary means to respond rapidly and effectively to the unprecedented challenges it is facing, instead of relying on emergency procedures requiring unanimity voting in Council with no formal involvement of Parliament in the negotiations ; regrets that, even though the Union has proven in specific cases to be able to act decisively, the unanimity voting requirement has often blocked EU action in different areas;
2023/03/17
Committee: AFCO
Amendment 25 #

2022/2142(INI)

Motion for a resolution
Paragraph 2
2. Considers it urgent, therefore, to go beyond unanimity and move as soon as possible to QMV and OLP in key policy fields in order to improve the EU’s capacity to act;
2023/03/17
Committee: AFCO
Amendment 27 #

2022/2142(INI)

Motion for a resolution
Paragraph 3
3. WelcomesHighlights that the use of the “untapped potential” of the Lisbon Treaty has often been instrumentalised to postpone an inclusive and constructive discussion on Treaty change, and cannot be further invoked as an alternative or a preliminary step ahead of Treaty revisions; Regrets, however, that such untapped potential has not been exploited satisfactorily; Welcomes in this respect the conclusions of the Conference on the Future of Europe;, and reiterates its commitment to following them up effectively and its cthrough its proposall for amending the Treaties to be amended urgently55;Calls again on the Council to quickly forward this proposal to the European Council, and calls as well on the Commission to take its full responsibility on this matter pursuant to Article 48(2) TEU; _________________ 5 Resolution of 9 June 2022 on the call for a Convention for the revision of the Treaties.
2023/03/17
Committee: AFCO
Amendment 33 #

2022/2142(INI)

Motion for a resolution
Paragraph 4
4. Underlines that, if approvedwhile urgent, Treaty changes extending QMV to areas where unanimity is currently required would require time before coming into force;
2023/03/17
Committee: AFCO
Amendment 36 #

2022/2142(INI)

Motion for a resolution
Paragraph 5
5. Stresses that, under the current Treaties, passerelle clauses can be activated immediately but only following a vote by unanimity in theHighlights however that the activation of passerelle clauses requires paradoxically an unanimous vote in Council or in the European Council;
2023/03/17
Committee: AFCO
Amendment 39 #

2022/2142(INI)

Motion for a resolution
Paragraph 7
7. Welcomes the fact that, in recent discussions in the Council, a majority of Member States have expressed their willingness to use passerelle clauses in certain fields and on a case-by-case basis; regrets that, unfortunately, no formal decision on their activation has yet been taken; Recalls that, in case of prolonged stalemate, the clause of enhanced cooperation should also be activated;
2023/03/17
Committee: AFCO
Amendment 47 #

2022/2142(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Calls on the Commission to recommend, where possible, the activation of passerelle clauses when issuing legislative proposals in policy areas where unanimity voting is required in Council, or where a special legislative procedure applies;
2023/03/17
Committee: AFCO
Amendment 48 #

2022/2142(INI)

Motion for a resolution
Paragraph 7 b (new)
7 b. Notes that the activation of passerelle clauses could as well become part of yearly evaluations, whereby the Commission assesses in its work program the activation of passerelle clauses in the context of newly issued legislative proposals, or for those where a vote in Council is still pending;
2023/03/17
Committee: AFCO
Amendment 49 #

2022/2142(INI)

Motion for a resolution
Paragraph 8 – introductory part
8. Stresses that the Common foreign and security policy (CFSP) is one of the areas where a rapid capacity to act plays a decisive role for the effectiveness of decisions; Considers thus that passerelle clauses could be a useful tool to move towards QMV in specific fields of the CFSP, in particular for:
2023/03/17
Committee: AFCO
Amendment 64 #

2022/2142(INI)

Motion for a resolution
Paragraph 8 – subparagraph 1 (new)
Highlights that the activation of the passerelle clauses would strengthen the Union’s strategic autonomy, and increase its credibility globally by allowing it to act on the basis of solid positions;
2023/03/17
Committee: AFCO
Amendment 70 #

2022/2142(INI)

Motion for a resolution
Paragraph 9
9. Underlines that moving from unanimity to QMV on certain tax matters, such as in largely integrated tax policies and the implementation of international agreements, would contribute to a more effective framework for collecting taxes and tackling tax evasion and avoidance andwhile addressing fraud concerns;, and would benefit the performance of the Union in reaching its economic, green, social and digital objectives
2023/03/17
Committee: AFCO
Amendment 74 #

2022/2142(INI)

Motion for a resolution
Paragraph 10
10. Highlights that moving to QMV and OLP for certain aspects of environmental and energy policies is particularly urgent, given the broader context of the environmental and climate emergency, notably the ones with fiscal nature, is particularly urgent for the implementation of the Green Deal, to facilitate the clean energy transition, and for offsetting the social and economic consequences of the ongoing energy crisis 6; _________________ 6 Resolution of 28 November 2019 on the climate and environment emergency (OJ C 232, 16.6.2021, p. 2).
2023/03/17
Committee: AFCO
Amendment 82 #

2022/2142(INI)

11. Underlines the neeat, in a context of evolving labour markets and fwor a dialogue between the Commission and Europeanking patterns impacted by the twin green and digital transition and demographic trends, it is becoming increasingly more important for the EU to deliver in terms of supporting and complementing Member States’ actions in tackling social issues; Stresses the need for a dialogue with the social partners on the possible use of passerelle clauses in the field of social policy; considers it important to evaluate the potential impact of using general passerelle clauses and the sector-specific clause provided forforeseen in Article 153(2) TFEU to strengthen the EU’s ability to implement measures to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation (Article 19 TFEU) and take decisions onfor the protection of workers’ rights; .
2023/03/17
Committee: AFCO
Amendment 83 #

2022/2142(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Underlines the urgency of strengthening the EU’s ability to implement measures to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation through the activation of the passerelle clause enshrined in Article 19 TFEU;
2023/03/17
Committee: AFCO
Amendment 87 #

2022/2142(INI)

Motion for a resolution
Paragraph 12
12. Stresses the importance of evaluating the potential impact of moving to the OLP in areas related to the protection of fundamental rights in the Union, such as through the activation of the sector-specific passerelle clause related to family law with cross-border implications (Article 81(3)(2) TFEU);
2023/03/17
Committee: AFCO
Amendment 96 #

2022/2142(INI)

Motion for a resolution
Paragraph 14
14. Calls on the European Council to adopt a decision under Article 31(3) TEU establishing that restrictive measures against governments of non-EU countries, non-state entities and individuals (Article 29 TEU) are to be taken by QMV, particularly given the necessity to act rapidly in response to Russia’s war of aggression against Ukraine;
2023/03/17
Committee: AFCO
Amendment 101 #

2022/2142(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission, in light of the broader context of the climate and environmental emergencyobjectives set out by the European Green Deal, to present a proposal for the activation of the special passerelle clause provided for in Article 192(2)(2) to move to OLP for taxation matters with an environmental dimension;
2023/03/17
Committee: AFCO
Amendment 102 #

2022/2142(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Stresses that the treaty provisions governing the adoption and the review of the MFF Regulation entail long and cumbersome negotiations that slow down the adoption and the allocation of the Union budget; Calls on the European Council to adopt a decision in line with the sector-specific passerelle clause foreseen in Article 312(2)(2) TFEU to allow Council to adopt the Multiannual Financial Framework by QMV in view of the 2024 mid-term review;
2023/03/17
Committee: AFCO
Amendment 128 #

2022/2142(INI)

Motion for a resolution
Paragraph 20
20. Reiterate its call on the European Council8to adopt a decision in line withctivatethe sector-specific passerelle clause provided forforeseenin Article 312(2)(2) TFEU in order to allow theCouncil to adopt themalso for the adoption byCouncil of the nextMultiannual fFinancial fFramework through QMV instead of unanimity; _________________ 8 Resolution of 14 November 2018 on the Multiannual Financial Framework 2021- 2027 — Parliament’s position with a view to an agreement (OJ C 363, 28.10.2020, p. 179).
2023/03/17
Committee: AFCO
Amendment 14 #

2022/2137(INI)

Motion for a resolution
Citation 6 a (new)
- having regard to the report by Jean-Claude Juncker of 11 April 2006 entitled 'A Shared Ambition for the European Continent',
2023/01/13
Committee: AFCO
Amendment 15 #

2022/2137(INI)

Motion for a resolution
Citation 6 b (new)
- having regard to the report by the Council of Europe High Level Reflection Group of October 2022,
2023/01/13
Committee: AFCO
Amendment 21 #

2022/2137(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the exclusion of Russia, a highly influential member country, means a major change for this organisation, not to say a paradigm shift for the future of the European continent;
2023/01/13
Committee: AFCO
Amendment 52 #

2022/2137(INI)

Motion for a resolution
Paragraph 1 – point 1 (new)
(1) Supports the holding of the Fourth Summit of Heads of State and Government of the Council of Europe and calls on the Secretariat to invite representatives of the European Union to attend with observer status; calls on the European Council also to consult the Council of Europe in the preparation of European Political Community summits and to invite it to attend them with observer status;
2023/01/13
Committee: AFCO
Amendment 57 #

2022/2137(INI)

Motion for a resolution
Paragraph 2 – point 1 (new)
(1) Believes that the appointment of high-level political figures to the posts of Secretary-General and Commissioner for Human Rights would not only enhance the visibility of the Council of Europe but also contribute to ensuring a balanced institutional relationship between the two organisations,
2023/01/13
Committee: AFCO
Amendment 58 #

2022/2137(INI)

Motion for a resolution
Paragraph 2 – point 2 (new)
(2) Points out that institutional exchanges at all levels would be beneficial to both organisations;
2023/01/13
Committee: AFCO
Amendment 66 #

2022/2137(INI)

Motion for a resolution
Paragraph 3
3. Reaffirms its strong commitment to the EU’s accession to the ECHR; calls on the negotiating parties to invest every effort into resolving the outstanding issues and addressing all of the CJEU’s concerns expressed in its opinion 2/2013 of 18 December 2014 with a view to concluding negotiations successfully; believes that these outstanding issues are complex but not insurmountable; undertakes to review the EU Treaties to assess how the powers of the CJEU can be strengthened and made more compatible with those of the European Court of Human Rights; calls on all Member States accordingly to ensure compliance with the ECHR and all case law established by the European Court of Human Rights; calls on the European Commission to monitor more closely compliance by EU Member States with the judgments of the European Court of Human Rights;
2023/01/13
Committee: AFCO
Amendment 85 #

2022/2137(INI)

Motion for a resolution
Paragraph 5
5. ACalls on the Commission to look into what steps are needed for the European Union to accede to the European Social Charter and to propose a time-frame for achieving that objective; advocates the EU’s broadest possible alignment with the CoE convention system through the finalisation of its accession to other CoE treaties, such as the Istanbul Convention and the Convention against Torture and Inhuman and Degrading Treatment or Punishment; calls on the Commission to look into what steps are needed for the European Union to accede to the European Social Charter and to propose a timeframe for achieving that objective;
2023/01/13
Committee: AFCO
Amendment 86 #

2022/2137(INI)

Motion for a resolution
Paragraph 5 – point 1 (new)
(1) Welcomes the fact that the overwhelming majority of conventions negotiated within the Council of Europe enable the EU to accede to them and stresses that many such conventions are negotiated by the Union itself;
2023/01/13
Committee: AFCO
Amendment 90 #

2022/2137(INI)

Motion for a resolution
Paragraph 6
6. Considers that the existing framework for cooperation between the EU and the CoE should be reviewed in order to take stock of the changes brought by the Lisbon Treaty and the evolving relations between the two organisations; suggests, in this regard, revisiting the 2007 Memorandum of Understanding, notably by taking stock of what has worked and what has not, with a view to upgrading it into the main legal instrument coordinating EU-CoE cooperation in a comprehensive way; proposes, furthermore, complementing the Memorandum with agreements for action on specific issues;
2023/01/13
Committee: AFCO
Amendment 120 #

2022/2137(INI)

Motion for a resolution
Paragraph 14 – point 1 (new)
(1) Calls for a common frame of reference for civic education to be set up, focusing on democracy, the rule of law and human rights;
2023/01/13
Committee: AFCO
Amendment 122 #

2022/2137(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Welcomes the success of the Common European Framework of Reference for Languages, which has become an essential tool for assessing language proficiency;
2023/01/13
Committee: AFCO
Amendment 134 #

2022/2137(INI)

Motion for a resolution
Paragraph 16 – point 1 (new)
(1) Welcomes in that regard the effective cooperation of the parliamentary assemblies of the OSCE and the Council of Europe with the European Parliament in election observation missions,
2023/01/13
Committee: AFCO
Amendment 137 #

2022/2137(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Acknowledges the grassroots work undertaken the Assembly, which deserves to be brought to the public's attention and has earned the respect of the European Union.
2023/01/13
Committee: AFCO
Amendment 139 #

2022/2137(INI)

Motion for a resolution
Paragraph 17
17. Concludes that, in view of the rising importance of the parliamentary democracy provided for by the Lisbon Treaty, the parliamentary cooperation between the EU and the CoE could be deepened, building ony conducting an assessment of the existing ‘Agreement for strengthened cooperation between Parliament and the PACE’ before implementing it;
2023/01/13
Committee: AFCO
Amendment 405 #

2022/2051(INL)


Annex to the motion for a resolution Treaty on European Union – Article 4 – paragraph 3 a (new)
3a. The Treaties and law adopted by the institutions of the Union in exercising competences conferred on it shall have primacy over the law of the Member States.
2023/10/02
Committee: AFCO
Amendment 492 #

2022/2051(INL)


Annex to the motion for a resolution Treaty on the Functioning of the European Union – Article 22 – paragraph 1
1. Every citizen of the Union residing in a Member State of which he is not a national shall have the right to vote and to stand as a candidate at municipal, regional and national elections in the Member State in which he resides, under the same conditions as nationals of that State. This right shall be exercised subject to detailed arrangements adopted by the Council, acting unanimouslynd the European Parliament, acting in accordance with a specialthe ordinary legislative procedure and after consulting the European Parliament; the. Those arrangements may provide for derogations where warranted by problems specific to a Member State.
2023/10/02
Committee: AFCO
Amendment 3 #

2022/2046(INI)

Draft opinion
Paragraph 1
1. Reiterates its concern as regards the significant delay in the implementation of cohesion policy for the 2021-2027 period, as well as its call for the Commission and the Member States to speed up the adoption of the partnership agreements and programmes, without undermining their quality and while respecting the EU’s political priorities and the applicable principles; calls on the Member States to ensure that local authorities are included in the design and implementation of all programmes; reiterates the need for special consideration to be given to less-developed regions and island, islands, outermost regions and rural, remote and depopulated areas in this context;
2022/07/27
Committee: REGI
Amendment 5 #

2022/2046(INI)

Draft opinion
Paragraph 2
2. Points out that the sudden emergence of severe European-wide crises, such as the pandemic and Russia’s war of aggression against Ukraine, and their detrimental economic spillover, have tested the multiannual financial framework (MFF) and underlined the need for the MFF to be strengthened and managed in a more flexible, yet sustainable, manner; therefore sees a need for thea structural revision of the MFF and calls on the Commission to conduct an in-depth review of the functioning of the current MFF and to proceed with a legislative proposal for comprehensive MFF revision as soon as possible, and no later than the first quarter of 2023;
2022/07/22
Committee: AFCO
Amendment 7 #

2022/2046(INI)

Draft opinion
Paragraph 3
3. Recalls that under the Interinstitutional Agreement of 16 December 20201 , where a proposal for a new MFF or for a substantial revision has been presented, the institutions have committed to seeking to determine specific arrangements for cooperation and dialogue between them throughout the procedure leading to its adoption; reaffirms its commitment to this Agreement and expresses its readiness to engage with the other institutions to devise and implement ambitious and future-proof budget solutions; _________________ 1 Point 15 of the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (OJ L 433 I, 22.12.2020, p. 28)
2022/07/22
Committee: AFCO
Amendment 8 #

2022/2046(INI)

Draft opinion
Paragraph 4
4. Underlines the vital role played by the European Parliament in the preparation, review and scrutiny of the MFF; reiterates its view that any future decisions on the budgetary architecture of the Union should safeguard the community method and ensure that the Parliament is fully involved in the decision-making process; recalls that all elements of the MFF package must be implemented in accordance with the principle of mutual sincere cooperation, as laid down in Article 13(2) of the Treaty on European Union; regrets the use of instruments to advance legislation without European Parliament’s consent or influence;
2022/07/22
Committee: AFCO
Amendment 9 #

2022/2046(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Recalls that in accordance with Regulation (EU) 2021/1060 all actions implemented under cohesion policy shall take into account gender equality as a horizontal principle throughout their preparation, implementation, monitoring, reporting and evaluation; calls on the Commission to implement a gender budgeting analysis as part of the mid-term review of the 2021-2027 Multiannual Financial Framework; strongly believes that publicly available gender assessments of the budget should be made on a yearly basis and allow adjustments within the next annual budget; recalls that the COVID-19 pandemic exacerbated gender disparities which necessitates targeted action;
2022/07/27
Committee: REGI
Amendment 10 #

2022/2046(INI)

Draft opinion
Paragraph 5
5. Invites the Commission to propose new own resources ahead of the timeline envisaged in the legally binding roadmap for the current MFF by the end of 2023; points out that these new resources should generate sufficient income to ensure that the common debt can be effectively repaid;
2022/07/22
Committee: AFCO
Amendment 12 #

2022/2046(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Welcomes the European care strategy as a new initiative with a strong gender dimension; calls on the Commission for a dedicated investment package to promote the EU care sector and care economy as well as to ensure coordination among the different programmes and initiatives towards an effective implementation of the strategy;
2022/07/27
Committee: REGI
Amendment 14 #

2022/2046(INI)

Draft opinion
Paragraph 3
3. Underlines the necessity of providing the regions with appropriate financial means in order to deal with the waves of migration caused by the Russian aggression against Ukraine and its multifaceted consequences; recalls the pressing energy and food security concerns, and emphasises the need to address the grave difficulties that the current rise in energy costs is causing for the regionspeople, and to identify suitable financial instruments to deal with them at a regional ledirectly accessible at a regional level; stresses the need to further strengthen the Union’s solidarity capacities in times of crisis, and calls on the Commission to put forward a legislative proposal establishing a Ukrainian crisis Adjustment Reservel;
2022/07/27
Committee: REGI
Amendment 15 #

2022/2046(INI)

Draft opinion
Paragraph 6
6. Recalls that the Conference on the Future of Europe has proposed strengthening the Union budget through new own resources2 and that the European Parliament should decide on the Union budget as it is the right of parliaments at national level3 ; calls in that regard for the European Parliament to be more closely associated with the Commission and the Council in the process of adopting new own resources; stresses that the Conference provided additional momentum for a revision of the current MFF; _________________ 2 Conference on the Future of Europe proposal 16. 3 Conference on the Future of Europe proposal 39.4, third bullet.
2022/07/22
Committee: AFCO
Amendment 19 #

2022/2046(INI)

Draft opinion
Paragraph 8
8. WelcomesTakes the view that the Recovery and Resilience Facility has been an effective and critical tool in times of crisis, supporting economic convergence between Member States and enabling the financing of strategic cross-border projects with European added value; takes note of the application by the Commission of the Rule of Law Conditionality Regulation5 laying down the rules necessary for the protection of the Union budget in the case of breaches of the principles of the rule of law in the Member States which affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; regrets the delay in the enforcement of the Rule of Law Conditionality mechanism and calls on the Commission to strengthen its oversight of the milestones and targets to be met by the Member States; underlines that funds cannot be disbursed if Member States do not uphold the rule of law and comply with all relevant ECJ rulings; _________________ 5 Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (OJ L 433 I, 22.12.2020, p. 1).
2022/07/22
Committee: AFCO
Amendment 20 #

2022/2046(INI)

Draft opinion
Paragraph 3
3. Underlines the necessity of providing the regions with appropriate financial means in order to deal with the waves of migration caused by the Russian aggression against Ukraine and its multifaceted consequences; emphasises the need to address the grave difficulties that the current rise in energy costs is causing for the regions, and to identify suitable financial instruments to deal with them at a regional level;
2022/07/27
Committee: REGI
Amendment 21 #

2022/2046(INI)

3 a. Emphasises that the compensation of the social and economic consequences of the Russian invasion of Ukraine requires the deployment of adequate budgetary measures at the Union level offsetting the indirect costs of the conflict on businesses and citizens, and putting forward the necessary solidarity mechanisms between Member States and their regions; calls therefore on the Commission to issue a new legislative proposal establishing a European fund for the mutualisation of war-related costs ("Ukrainian crisis Adjustment Reserve"), with a view to support the most affected Member States with fresh common resources gathered at the EU level;
2022/07/27
Committee: REGI
Amendment 24 #

2022/2046(INI)

Draft opinion
Paragraph 4
4. Calls for a significant increase in the European Union Solidarity Fund (EUSF) budget, which would help regions to anticipate and mitigate the effects of climate change, and for the scope of the EUSF to be broadened, so that it can also support more climate-resilient restoration or construction of public and private infrastructure; stresses the importance of the social dimension of the green transition and the need to provide targeted support to the regions, industries, workers and households facing the biggest challenges;
2022/07/27
Committee: REGI
Amendment 25 #

2022/2046(INI)

Draft opinion
Paragraph 10
10. Reiterates its call for the activation of the passerelle clause provided for in Article 312(2) TFEU so as to allow the Council to adoption the MFF Regulation by qualified majority; recalls its proposals that the ordinary legislative procedure be applied for the adoption of the MFF Regulation; calls for Article 311(3) TFEU to be amended so as to allow the European Parliament to give its consent in the process of adopting new own resources.
2022/07/22
Committee: AFCO
Amendment 29 #

2022/2046(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Stresses the high potential of rural areas and the necessity to improve transport connectivity, high-speed broadband and the provision of services in order to help them meet challenges such as rural desertification, depopulation and ageing; asks, therefore, to increase the amount of resources at national level that are allocated to integrated territorial development in disadvantaged non-urban areas, suffering from natural, geographical or demographic handicaps; highlights the importance of synergies between different funding tools to channel an adequate level of funding towards rural areas through a multi-fund approach; reaffirms the importance of urban-rural linkages and of the development of strategies based on functional areas with the aim of preventing rural areas from shrinking;
2022/07/27
Committee: REGI
Amendment 30 #

2022/2046(INI)

4 a. Stresses the role of urban areas in tackling the climate emergency, reiterates the need for further funding opportunities for cities to implement programmes locally; reminds that EUR 400 000 000 of the resources for the Investment for jobs and growth goal shall be allocated to the EuropeanUrban Initiative under direct or indirect management by the Commission as laid out in Regulation (EU) 2021/1058, calls for the European Urban Initiative to begiven a greater budget and scope, in order to support the delivery of the Urban Agenda in the next programming period;
2022/07/27
Committee: REGI
Amendment 33 #

2022/2046(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Recalls that among the many inequalities exposed by the COVID-19 pandemic, the digital divide is a serious one; highlights the need to allocate sufficient funds for the development of digital skills; calls for digital inclusion to be recognised as a right for all generations and for a clear commitment to achieve universal internet connectivity;
2022/07/27
Committee: REGI
Amendment 39 #

2022/2046(INI)

5 a. Welcomes the decision of the European Commission to maintain the general escape clause of the Stability and Growth Pact in 2023; suggests to envisage the possibility that public spending under cohesion policy by Member States and regional and local authorities as part of ESIF Funds should not be considered as national or equivalent structural expenditure as defined within the Stability and Growth Pact;
2022/07/27
Committee: REGI
Amendment 7 #

2022/2032(INI)

Motion for a resolution
Citation 7 a (new)
— having regard to Regulation (EU) 2021/1755 of the European Parliament and of the Council of 6 October 2021 establishing the Brexit Adjustment Reserve1a, _________________ 1a OJ L 357, 8.10.2021, p. 1.
2022/05/17
Committee: REGI
Amendment 8 #

2022/2032(INI)

Motion for a resolution
Citation 9 a (new)
— having regard to the proposal for a regulation of the European Parliament and of the Council of 29 May 2018 on a mechanism to resolve legal and administrative obstacles in a cross-border context (COM(2018)0373),
2022/05/17
Committee: REGI
Amendment 9 #

2022/2032(INI)

Motion for a resolution
Citation 11 a (new)
— having regard to the Commission communication of 3 May 2022 entitled ‘Putting people first, securing sustainable and inclusive growth, unlocking the potential of the EU’s outermost regions’ (COM(2022)198),
2022/05/17
Committee: REGI
Amendment 11 #

2022/2032(INI)

Motion for a resolution
Citation 21 a (new)
— having regard to its resolution of 14 September 2021 towards a stronger partnership with the EU outermost regions1a, _________________ 1a Texts adopted, P9_TA(2021)0368.
2022/05/17
Committee: REGI
Amendment 15 #

2022/2032(INI)

Motion for a resolution
Recital B
B. whereas during the pandemic, the risk of unemployment and the gender gap were particularly pronounced in less developed EU regions; whereas in less developed regions, the gender employment gap is almost twice than in more developed regions (17 vs 9 percentage points);
2022/05/17
Committee: REGI
Amendment 20 #

2022/2032(INI)

Motion for a resolution
Recital C
C. whereas cohesion policy, even though it is not a crisis instrument, helps to respond effectively to asymmetric shocks such as the current refugee crisis caused by the Russian invasion of Ukraine; whereas cohesion policy, in its nature and identity, is a long-term investment policy;
2022/05/17
Committee: REGI
Amendment 24 #

2022/2032(INI)

Motion for a resolution
Recital D
D. whereas while developed eastern EU regions have been catching up with the rest of the EU, several middle-income and less developed regions are in economic stagnation or decline, suggesting that they are in a development trap; whereas these regions have experienced growth in GDP per head far below the EU average, productivity growth and employment creation lower than in other regions; whereas regions in a development trap have smaller manufacturing sectors than those in regions with a lower or higher GDP per head and their innovation and education systems and institutional quality are not strong enough to be competitive at the global level;
2022/05/17
Committee: REGI
Amendment 26 #

2022/2032(INI)

Motion for a resolution
Recital E
E. whereas convergence has been driven by strong growth in less developed regions, but the benefits they derive from lower costs and the returns on their investments are likely to diminish over time; whereas less developed regions will need to boost education and training, increase investments in research and innovation, and improve the quality of their institutions to avoid falling into a development trap;
2022/05/17
Committee: REGI
Amendment 31 #

2022/2032(INI)

Motion for a resolution
Recital G
G. whereas infrastructure quality, provision of services, access to healthcare and transports and mobility solutions differs vastly between urban and rural regions;
2022/05/17
Committee: REGI
Amendment 38 #

2022/2032(INI)

Motion for a resolution
Recital H
H. whereas demographic decline is more pronounced in rural regions, and 50 % of the EU population will be living in a region with a shrinking and ageing population by 2050; whereas these developments are likely to affect growth potential, skills development and access to services in rural areas; whereas Eurobarometers show that people in rural areas are more likely to feel that their voice does not count and distrust the EU;
2022/05/17
Committee: REGI
Amendment 41 #

2022/2032(INI)

Motion for a resolution
Recital I
I. whereas cohesion policy is of paramount importance in government capital investment, providing more than half of total public investment funding in some Member States; whereas the support provided by ESI funds should be additional to, and not replace, public expenditure by Member States;
2022/05/17
Committee: REGI
Amendment 46 #

2022/2032(INI)

Motion for a resolution
Recital K
K. whereas the regional innovation divide has grown and education and skills gaps between more and less developed regions are often wide; whereas skills endowments are concentrated especially in capital regions and a large urban-rural divide has emerged;
2022/05/17
Committee: REGI
Amendment 49 #

2022/2032(INI)

Motion for a resolution
Recital L
L. whereas disparities remain in the speed of the digital transition across Europe; whereas very high-speed connections are only accessible to two out of three city residents and one out of six rural residents;
2022/05/17
Committee: REGI
Amendment 60 #

2022/2032(INI)

Motion for a resolution
Recital M a (new)
Ma. whereas governance in the EU is improving overall, but disparities remain between and within Member States, and the role and the capacities of sub-national governments remain unequal; whereas the rule of law has deteriorated over time in several Member States;
2022/05/17
Committee: REGI
Amendment 67 #

2022/2032(INI)

Motion for a resolution
Paragraph 1
1. Is convinced that cohesion policy can only continue to play its present role as a vector for investment and job creation, an instrument to reduce regional and intraregional disparities and a solidarity mechanism for all EU regions if it has solid and adequate funding; stresses that this implies providing at least for the same level of funding as in the 2021-2027 financial period, topped up with the Just Transition Fund (JTF) II budgetary resources; ; recalls that new challenges need fresh money and asks, when relevant, to top up cohesion policy with new budgetary resources to allow Member States and regional authorities to address the different challenges and crises affecting the European Union;
2022/05/17
Committee: REGI
Amendment 75 #

2022/2032(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Underlines that the cohesion policy has shown to be a modern and flexible tool, which can be quickly deployed in emergency situation; recalls, however, the nature and the traditional role of the cohesion policy as a long-term investment policy supporting structural interventions; stresses that the role of cohesion policy in emergency management should not erode the very identity of this policy nor harm its structural and long-term objectives;
2022/05/17
Committee: REGI
Amendment 83 #

2022/2032(INI)

Motion for a resolution
Paragraph 2
2. Stresses that delays in the multiannual financial framework (MFF) negotiations lead to considerable delays in the programming period; calls on the Commission, therefore, to explore legal solutions to speed up the negotiation process and eventually consider creating two distinct parts within the Common Provisions Regulation (CPR), namely the content-related part (political) and the MFF-related part (financial resources), for the programming period post-2027; believes that the content-related part should be negotiated and concluded before the MFF-related part, to allow for the management authorities to start preparing the partnership agreements and programmes in a timely manner; insists, however, on the importance for Member States and regional authorities to have a clear vision on their financial envelope in order to make political choices and identify investment priorities, and for Council committees responsible for cohesion funds and budgetary resources to ensure a smooth cooperation under the comitology procedure;
2022/05/17
Committee: REGI
Amendment 96 #

2022/2032(INI)

Motion for a resolution
Paragraph 4
4. Welcomes the Commission’s introduction of the JTF to support regions facing challenges in their transition towards carbon neutrality; calls on the Commission to draw lessons from the implementation of the JTF; asks for a JTF II, which should be fully integrated into the CPR, to be establisheto continue supporting territories to achieve the green transition in a socially equal manner and fin the post- 2027 programming period, while applying shared management and partnership principles; believes that regions with high CO² per capita, as well as industries in transition, should have access to this fund; calls for this new JTF to differentiate between climate mitigation and adaptation; stresses that a certain proportion of funding should be allocated to the transition, in a socially just way, and to the reduction of the EU’s carbon footprint; ancing their efforts to address climate change and strengthen resilience to climate risks, advance the energy transition and provide for a sustainable economy; underlines the importance to draw lessons from the programming period 2021-2027 to explore different solutions to design a cohesion policy which makes a greater contribution to green transition, such as a revision of the thematic concentration, the continuation of JTF fully integrated into the CPR, or the creation of a new fund for the adaptation of regions to climate change; emphasizes, however, the need to design a simple architecture of the future cohesion policy post 2027 and avoid the tendency to multiply the funds;
2022/05/17
Committee: REGI
Amendment 109 #

2022/2032(INI)

Motion for a resolution
Paragraph 5
5. Maintains that an unallocated flexibiTakes note that, even though cohesion politcy reserve of 15 % of the total allocation for cohesion pois not a crisis instrument, a certain degree of agility and flexibilicty instrumentof its rules should be put in placemaintained to strengthen regions’ resilience and responsiveness, enabling them to address new and upcoming challenges and absorb asymmetric shocks; recalls that this new added value should contribute to preserving a strong cohesion policy in the post-2027 MFF and not making it vulnerable to budgetary cuts or weakening reforms;
2022/05/17
Committee: REGI
Amendment 112 #

2022/2032(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Stresses that the 8th Cohesion Report proposes the new principle of “do no harm to cohesion”, meaning no action should hamper the convergence process or contribute to regional disparities; believes that this principle should be further developed and integrated in policy making; calls on the Commission and the co-legislators to turn this concept into a reality in legislative terms and ensure that EU policies have a positive effect on cohesion;
2022/05/17
Committee: REGI
Amendment 122 #

2022/2032(INI)

Motion for a resolution
Paragraph 6 – introductory part
6. Proposes that the European Regional Development Fund and ESF+ resources for the ‘Investment for jobs and growth’ goal should be allocated among the following two categories of NUTS-2 regions:Takes note of the recent changes applied to the different categories of NUTS-2 regions under the 2021-2027 programming period, especially the extension of the category of the transition regions (GDP per head between 75%- 100% of the EU-27 average); invites the Commission to assess the impact of these changes on the allocation of the European Regional Development Fund and ESF+ resources for the ‘Investment for jobs and growth’ goal during the current programming period with the aim of drawing lessons for the design of the future cohesion policy;
2022/05/17
Committee: REGI
Amendment 125 #

2022/2032(INI)

Motion for a resolution
Paragraph 6 – point a
(a) less developed regions, whose GDP per capita is less than 90 % of that of the EU-27;deleted
2022/05/17
Committee: REGI
Amendment 127 #

2022/2032(INI)

Motion for a resolution
Paragraph 6 – point b
(b) more developed regions, whose GDP per capita is more than 90 % of that of the EU-27;deleted
2022/05/17
Committee: REGI
Amendment 137 #

2022/2032(INI)

Motion for a resolution
Paragraph 7
7. Believes that there should only be two types of region; notes that most of the currentHighlights the importance to draw particular attention to the category of transition regions, especially because they seem stuck in a ‘development trap’ due to the following reasons: growth in GDP per head, between 2001 and 2019, far below the EU average; productivity growth and employment creation lower than in other regions; manufacturing sectors smaller trhansitional those in regions will be covered by the newly established JTF IIth a lower or higher GDP per head; innovation and education systems and institutional quality not strong enough to be competitive at the global level;
2022/05/17
Committee: REGI
Amendment 145 #

2022/2032(INI)

Motion for a resolution
Paragraph 8 – introductory part
8. Believes, thatTakes note of the recent changes applied to the co-financing rate for the ‘Investment in jobs and growth’ goal at the level of each priority should not be higher than:under the 2021-2027 programming period; invites the Commission to assess the impact of these changes and insists on the need to increase the co-financing rate, especially for transition and more developed regions;
2022/05/17
Committee: REGI
Amendment 147 #

2022/2032(INI)

Motion for a resolution
Paragraph 8 – point a
(a) 85 % for less developed regions;deleted
2022/05/17
Committee: REGI
Amendment 150 #

2022/2032(INI)

Motion for a resolution
Paragraph 8 – point b
(b) 70 % for more developed regions;deleted
2022/05/17
Committee: REGI
Amendment 157 #

2022/2032(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Invites to pursue reflection on the importance of indicators complementary to GDP in order to give a more precise picture of the socio-economic situation of the regions; supports, in this regard, the use of social, environmental and demographic criteria, in order to better identify the challenges and needs, including at sub-regional level;
2022/05/17
Committee: REGI
Amendment 158 #

2022/2032(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Suggests opening a reflection on the contribution of cohesion policy to the achievement of the long-term EU strategic objectives, especially in light of the new challenges ahead; believes that the green and digital transition remains major challenges on which we should focus our investments in order to avoid new disparities; invites the Commission, the Member States and the managing authorities to strengthen the dialogue and join forces in the identification of the strategic objectives on which the future cohesion is expected to contribute;
2022/05/17
Committee: REGI
Amendment 162 #

2022/2032(INI)

Motion for a resolution
Paragraph 10
10. Notes that ‘rust belts’ still exist in most Member States; believes that, to address the potentially negative impact of the transition of old industries such as steel and aluminium and to support the development of the regions affected,urges to support the industrial transition of these territories and address its potentially negative impact making use of the cohesion fund and the JTF II resources should be directed towardsand by creating smart specialisation strategies tailored to each of the regions in industrial transition, fostering innovation-led growth and ensuring the spread of growth benefits;
2022/05/17
Committee: REGI
Amendment 169 #

2022/2032(INI)

Motion for a resolution
Paragraph 11
11. Stresses the importance of supporting rural areas by valuing their diversity and potential, improving transport connectivity and, high-speed broadband, the provision of services, economic diversification and job creation, and helping them meet challenges such as rural desertification, depopulation, ageing and rural abandonment, the decline of city- centre communities and insufficient healthcare; asks, therefore, that at least 5 % of the ERDF resources at national level under the Investment for jobs and growth goal, other than for technical assistance, are allocated to integrated territorial development in disadvantaged non-urban areas, suffering from natural, geographical or demographic handicaps;
2022/05/17
Committee: REGI
Amendment 185 #

2022/2032(INI)

Motion for a resolution
Paragraph 12
12. NStresses the multidimensional nature of rural development, which goes beyond agriculture, and insists on the need to implement a rural proofing mechanism to assess the impact of EU legislative initiatives on rural areas; notes that only 11.5 % of people living in rural areas work in agriculture, forestry and fisheries21 ; calls, therefore, for the reintegration of the European Agricultural Fund for Rural Development (EAFRD) under the strategic framework of the CPR; emphasises that being part of the cohesion policy funds strengthens possibilities for investments in rural areas beyond agriculture; _________________ 21 European Commission, JRC Technical Reports, Territorial Facts and Trends in the EU Rural Areas within 2015-2030, 2018.
2022/05/17
Committee: REGI
Amendment 191 #

2022/2032(INI)

Motion for a resolution
Paragraph 13
13. Is convinced that the role of small cities, towns and villages should be bolstered in order to support local economies and address demographic challenges; reaffirms the importance of urban-rural linkages and of the development of strategies based on functional areas with particular attention to small and medium-sized towns with the aim of preventing rural areas from shrinking; underlines the importance of implementing tailor-made territorial approaches and investing especially on the smart villages initiative with the aim of revitalising rural services through digital and social innovation; backs, therefore, the reinforcement of the second pillar of the common agricultural policy, the EAFRD;
2022/05/17
Committee: REGI
Amendment 199 #

2022/2032(INI)

Motion for a resolution
Paragraph 14
14. NHighlights the importance to strengthen the bottom-up approach to rural and local development, which is a vehicle for social innovation and capacity building, empowering rural citizens to take ownership of their area's development through the design and implementation of strategies and projects; notes that the potential that exists at local level could be better mobilised by strengthening and facilitating community- led local development (CLLD); takes the view that CLLD should be mandatory for Member States;
2022/05/17
Committee: REGI
Amendment 204 #

2022/2032(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Stresses the importance of synergies between different funding tools, such as EARDF, ERDF, ESF+ and EMFAF, to channel an adequate level of funding towards rural areas through a multi-fund approach; regrets that, during the 2014-2020 programming period, only a quarter of local development projects carried out by local actors integrated more than a funding tool; calls on the Commission to considerably reduce the administrative complexity which the managing authorities have encountered in implementing the multi-fund approach;
2022/05/17
Committee: REGI
Amendment 206 #

2022/2032(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Highlights the valuable contribution to rural development delivered by actions under the Leader programme, co-financed by the EARDF, which aims to engage local actors in the design and delivery of strategies, decision- making and resource allocation for the development of their rural areas; calls on the Commission and the Member States to reinforce the Leader programme by guaranteeing a high level of autonomy of the Local Action Groups regarding their constitution (no top-down design of areas and villages to be regrouped in a LAG but complete autonomy to the villages to gather and join forces in a LAG) and their decision making, reducing the administrative burden on local authorities and simplifying the access, promoting the local ownership of community-led development projects, and encouraging participation in local action groups;
2022/05/17
Committee: REGI
Amendment 208 #

2022/2032(INI)

Motion for a resolution
Paragraph 15
15. Notes with concern the demographic challenges faced by the EU, such as an ageing population, the depopulation of rural and remote areas, and migratory flows and the arrival of refugees; highlights the potential of rural areas as spaces to foster inclusion and integration of the most vulnerable groups with specific needs, such as persons with disabilities, migrants, including seasonal migrants, refugees and minorities; encourages Member States to design and implement specific measures to promote their training and employment and safeguard their fundamental rights; insists especially on the necessity to prepare an immediate response to the arrival of Ukrainian refugees in order to ensure their quick and easy integration;
2022/05/17
Committee: REGI
Amendment 216 #

2022/2032(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Emphasises the fundamental principles of Article 174(3) TFEU and calls for greater attention to de drawn on specific territorial characteristics, such as those of regions suffering from severe and permanent natural or demographic handicaps, such as northernmost regions with very low population density, islands, cross-border and mountain regions; underlines the importance of designing tailor-made programmes and actions for these regions and welcomes the recent adoption of agendas and strategies covering some of them;
2022/05/17
Committee: REGI
Amendment 217 #

2022/2032(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Reaffirms the importance of Article 349 TFEU, which should be used to support the development of the outermost regions, maintaining and enhancing all the derogations intended to compensate for their structural disadvantages and meeting their specific needs with tailor-made solutions; welcomes the adoption of the Commission communication entitled ‘Putting people first, securing sustainable and inclusive growth, unlocking the potential of the EU’s outermost regions’ aimed at promoting the unique assets of the outermost regions; underlines their great potential to further develop key sectors such as the blue economy, sustainable agriculture, renewable energy, space activities, research or eco-tourism;
2022/05/17
Committee: REGI
Amendment 220 #

2022/2032(INI)

Motion for a resolution
Paragraph 16
16. Observes that some middle-income regions are facing a ‘middle-income trap’, often suffering from low growth, weak innovation, struggling manufacturing industries and vulnerability to shocks caused by globalisationweak competitiveness, low productivity struggling manufacturing industries, low institutional and government quality and vulnerability to shocks caused by globalisation; draws attention on the worrying aggravation of this trend and urges the Commission and the Member States to seriously address this challenge setting regions in the development trap as a core priority of their action and investment under cohesion policy;
2022/05/17
Committee: REGI
Amendment 226 #

2022/2032(INI)

Motion for a resolution
Paragraph 17
17. Emphasises that these ‘middle- income trap’ regions need more investments in education; urges the Commission to define these regions and tohave differing characteristics and need tailor-made solutions to boost investments in education, human capital, research and development, innovation, upskilling of work force and public sector reforms; urges the Commission to further investigate the concept of regions in a development trap, better understand the structural factors that lead to the development trap and define these regions; calls on the Commission to provide flexibility to the Member States at programme level with the aim of urgently adopting specific and targeted measures, programmes and strategies to support these regions through a differentiated and territorial approach; asks to design and implement targeted smart specialisation strategies for the regions in a development trap and allocate higher amounts to them under the ESF+ in the next programming period;
2022/05/17
Committee: REGI
Amendment 237 #

2022/2032(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Highlights the added value of territorial cooperation in general and cross-border cooperation in particular, especially in emergency situation such as the COVID-19 pandemic; asks for cooperation between regions in the framework of macro-regional strategies or sea-basin strategies to be extended and embedded in the cohesion policy; stresses the importance to remove obstacles to cross-border cooperation and emphasises that the European Cross Border Mechanism proposed by the Commission would have contributed to remove more than 50 % of the barriers; deeply regrets the fact that the legislative procedure relating to the ECBM has been blocked by the Council;
2022/05/17
Committee: REGI
Amendment 241 #

2022/2032(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Recalls that the impact of Brexit has contributed to the disruption of the economy, interregional cooperation, research ecosystems and training systems for a certain number of EU regions; regrets that the impact of Brexit has not been sufficiently taken into account in the 8th Cohesion Report; invites to continue supporting regional and local authorities suffering from the withdrawal of United Kingdom and explore new forms of cooperation between local authorities and grassroots associations across the UK with EU counterparts in this post-Brexit era; notes that the participation of the UK in INTERREG programmes – which already have strong third-country participation,– may be possible if the UK government agrees to fund participation;
2022/05/17
Committee: REGI
Amendment 250 #

2022/2032(INI)

Motion for a resolution
Paragraph 19
19. Notes that cohesion policy reform for the financial period 2021-2027 has contributed to simplified and flexible use of funding for beneficiaries and management authorities; calls on the Commission to promote further simplification, flexibility and citizen participation; asks the Member States to provide support and training for potential beneficiaries, especially new beneficiaries of small scale projects, and bring cohesion policy close to all EU citizens, in particular through its new Policy Objective 5;
2022/05/17
Committee: REGI
Amendment 256 #

2022/2032(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Invites the Member States to avoid over-regulation, make operational programmes strategic, concise and flexible documents, and make funding agreements between the managing authority and the beneficiary a tool of simplification; asks the managing authorities to include in funding agreements the information and details strictly necessary to ensure legal stability for the beneficiary, ensure they are discussed and signed in due time and before the start of the project and reduce risks related to interpretation;
2022/05/17
Committee: REGI
Amendment 258 #

2022/2032(INI)

Motion for a resolution
Paragraph 19 b (new)
19b. Encourages to reduce the number of intermediate bodies involved in the management and control of cohesion funds by strengthening the coordination and competences of intermediate bodies having a critical size and identifying, where possible, one-stop-shops for beneficiaries;
2022/05/17
Committee: REGI
Amendment 259 #

2022/2032(INI)

Motion for a resolution
Paragraph 19 c (new)
19c. Calls on the Commission to encourage the use of Simplified Cost Options (SCOs), including by raising the thresholds below which the use of SCOs should be compulsory; invites to speed up the implementation of the e-cohesion, stresses the potential of digitalisation as regards monitoring and reporting activities, and encourages the exchange of good practices by establishing knowledge- sharing platforms;
2022/05/17
Committee: REGI
Amendment 262 #

2022/2032(INI)

Motion for a resolution
Paragraph 19 d (new)
19d. Considers it necessary to streamline public procurement procedures, reducing the burden on the compliance controls which have to be implemented by the managing authorities at project level; urges to improve the articulation of the cohesion policy with the State aid rules, introducing where possible presumption of compliance with the State aid regime, in order to place on an equal footing all EU investment policies and avoid competition between them;
2022/05/17
Committee: REGI
Amendment 263 #

2022/2032(INI)

Motion for a resolution
Paragraph 19 e (new)
19e. Stresses the need to provide a framework which guarantees legal stability through simple, clear and predictable rules, particularly as regards management and auditing; asks for any retrospective application and interpretation of rules to be avoided as much as possible; suggests opening a reflection on the threshold of the total error rate for each year under which the programme's management and control system is considered to be functioning effectively and the capacity of managing authority to comply with this provision of the regulation without penalising beneficiaries; is of the view that this threshold should be raised to 5 %;
2022/05/17
Committee: REGI
Amendment 265 #

2022/2032(INI)

Motion for a resolution
Paragraph 19 f (new)
19f. Observes that the control mechanism used by the Commission for funds under direct management seems much simpler; invites the Commission to improve transparency of its audit rules, strengthen the dialogue between auditors and policy makers, reduce statistical sample for audits of operations and implement the single audit principle to avoid duplication of audits and management verifications of the same expenditure; asks to make the control mechanism less burdensome, especially for small-scale projects;
2022/05/17
Committee: REGI
Amendment 266 #

2022/2032(INI)

Motion for a resolution
Paragraph 19 g (new)
19g. Believes that the relationship between the Commission and the managing authorities should evolve towards a ‘contract of confidence’ built on the development and definition of objective criteria; considers it necessary to introduce a label to reward managing authorities which have demonstrated their ability to comply with the rules and reduce their rate of error; calls, in relation to monitoring and control, for greater reliance on national and regional authorities where their effectiveness has been verified;
2022/05/17
Committee: REGI
Amendment 267 #

2022/2032(INI)

Motion for a resolution
Paragraph 19 h (new)
19h. Is of the view that simplification should be one of the key driver of the future cohesion policy and the reform of these provisions of the CPR should be designed and agreed in cooperation with managing authorities, involving the territories at an early stage of the reflection;
2022/05/17
Committee: REGI
Amendment 280 #

2022/2032(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Considers it necessary to reinforce the respect for the rule of law and fundamental rights in the implementation of cohesion policy, without creating new administrative burden for managing authorities and final beneficiaries; calls on the Commission to apply to cohesion policy the general regime of conditionality for the protection of the Union budget and, at the same time, ensure the protection of final beneficiaries; asks, in case of generalised breaches of the rule of law by a Member States, to implement a “smart conditionality” mechanism allowing the Commission to temporarily manage the funds and directly finance beneficiaries and coordinate the implementation of projects; stresses that this temporary framework is intended to protect final beneficiaries and should not be used as a pretext to recentralise the management of ESI funds;
2022/05/17
Committee: REGI
Amendment 283 #

2022/2032(INI)

Motion for a resolution
Paragraph 21 b (new)
21b. Underlines the need to improve the articulation between cohesion policy and the European economic governance avoiding punitive and vertical approaches; stresses that the European Semester and its country specific recommendations should take into account a bottom-up approach to regional development, involving the managing authorities at all stages of the procedure; invites to start a process of in-depth revision of the concept of macro- economic conditionality and to eventually explore the possibility to replace this concept with new forms of social and environmental conditionality to better reflect the new challenges ahead; suggests opening a reflection on the possibility to exclude investments co-financed by cohesion policy from Stability and Growth Pact calculations;
2022/05/17
Committee: REGI
Amendment 285 #

2022/2032(INI)

Motion for a resolution
Paragraph 21 c (new)
21c. Calls on the Commission and the Member States to continue making efforts in communication and visibility by improving information on operations of strategic importance and upcoming calls for proposals; welcomes the launch of the new database Kohesio and asks to make the website available in all the EU official languages as soon as possible; stresses that Kohesio should provide data on all cohesion and territorial projects, including those related to rural development, co-financed by the EARDF and under the Leader programme, and allow users to search for projects in relation to their thematic areas with the aim of providing a platform that shares good practices and promotes projects of excellence;
2022/05/17
Committee: REGI
Amendment 8 #

2022/2015(INI)

Draft opinion
Recital B a (new)
B a. whereas the Conference on the Future of Europe included among its proposals and measures on decision- making the guarantee of a wide right of access to documents;
2023/02/03
Committee: AFCO
Amendment 9 #

2022/2015(INI)

Draft opinion
Paragraph 1
1. Insists that the EU institutions have the obligation to implement Article 15(3) of the Treaty on the Functioning of the European Union in line with democratic principles, in particular those laid down in Article 10(3) of the Treaty on European Union; and Article 42 of the Charter of Fundamental Rights; stresses that the EU institutions must work as closely as possible to citizens and that access to documents is a key tool in ensuring citizen’s trust in the Union;
2023/02/03
Committee: AFCO
Amendment 15 #

2022/2015(INI)

Draft opinion
Paragraph 2
2. Emphasises that any update to Regulation (EC) No 1049/2001Urges the Council to unblock the 2008 recast of Regulation (EC) No 1049/2001 and emphasises that any update should faithfully integrate the principles established by the case law and adapt the regulation to technological developments without constituting a step back compared to, social, cultural and political developments with a view to enhancing transparency and accountability improving the current legislative framework;
2023/02/03
Committee: AFCO
Amendment 18 #

2022/2015(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Emphasises that increased transparency in the Union's decision- making is the result of democratic development and the culture of participation; recalls that a balanced framework is needed in which the interests of the Union are safeguarded and which is consistent for all institutions;
2023/02/03
Committee: AFCO
Amendment 24 #

2022/2015(INI)

Draft opinion
Paragraph 3
3. Invites the EU institutions to ensure the provision of data in an open, user- friendly machine- readable format, which is especially essential for numerical or financial data;
2023/02/03
Committee: AFCO
Amendment 26 #

2022/2015(INI)

Draft opinion
Paragraph 4
4. Invites Parliament’s own relevant bodies to ensure that documents are easily accessible to the publicimprove the accessibility of the documents to the public, irrespective of their medium;
2023/02/03
Committee: AFCO
Amendment 31 #

2022/2015(INI)

Draft opinion
Paragraph 5
5. Calls for all EU institutions to fully comply with the judgment of the Court of Justice of the European Union in Case T- 540/152 on access to trilogue documents; remains ready to engage with the Council and the Commission to jointly define the legislative milestones for which access to documents must be ensured; _________________ 2 Judgment of 22 March 2018, Emilio De Capitani v European Parliament, T-540/15, EU:T:2018:167.
2023/02/03
Committee: AFCO
Amendment 32 #

2022/2015(INI)

Draft opinion
Paragraph 6
6. Regrets the fact that the Council systematically refuses to grant access to its internal documents under the pretence of protecting its decision-making process; stresses that the lack of transparency affects both public scrutiny and the cooperation with the other institutions, notably the European Parliament;
2023/02/03
Committee: AFCO
Amendment 35 #

2022/2015(INI)

Draft opinion
Paragraph 7
7. Insists that the Council should improve its rules and procedures on legislative transparency, including the accessibility and classification of legislative documents with the aim of working as openly as possible;
2023/02/03
Committee: AFCO
Amendment 38 #

2022/2015(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Recalls that a corruption scandal such as the one affecting the EU institutions may increase the interest of citizens and organisations in access to documents; calls on the institutions to prioritise transparency and avoid opaque practices;
2023/02/03
Committee: AFCO
Amendment 42 #

2022/2015(INI)

Draft opinion
Paragraph 8
8. Underlines that the European Ombudsman plays an important role in facilitating citizens’ access to documents and has developed an important informal procedure with the institutions for submitt, notably when the access has been partially or completely refused by an EU institution or body, and welcomes the Fast-Track procedure for ‘access to documents’ complaints that can result ing a recommendation to the institution concerned about the full or partial disclosure of the requested document(s).
2023/02/03
Committee: AFCO
Amendment 6 #

2022/2014(INI)

Motion for a resolution
Citation 8 a (new)
— having regard to the Commission Notice –Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to- consumer commercial practices in the internal market;
2022/06/27
Committee: IMCO
Amendment 10 #

2022/2014(INI)

Motion for a resolution
Citation 14 a (new)
— having regard to the Council Conclusions on Building a European Strategy for the Cultural and Creative Industries Ecosystem published on 5 April 2022;
2022/06/27
Committee: IMCO
Amendment 11 #

2022/2014(INI)

Motion for a resolution
Recital A
A. whereas video games are played by all age groups in Europe, in particular minors, 68-79% of whom play themwith 50% of the European population between 6 to 64 years old playing videogames, with the largest age group being 45 to 64 years old; whereas videogames are popular with children, as in 2020 68% of 6 to 10 years old played a videogame once in the past month;
2022/06/27
Committee: IMCO
Amendment 15 #

2022/2014(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the European video games sector has become a leading cultural and creative industry (CCI), with an estimated European market size of EUR 23.3 billion in 2020; whereas this industry is the only CCI to have experienced turnover growth during the COVID-19 crisis1a and represents an important potential for growth and job creation in Europe’s Digital Single Market; _________________ 1a EY, Rebuilding Europe: the cultural and creative economy before and after the COVID-19 crisis, January 2021.
2022/06/27
Committee: IMCO
Amendment 18 #

2022/2014(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas the growing video game sector offers an increasing number of new job opportunities for many cultural creators, such as game developers, designers, writers, music producers and other artists, for which any Union action in this field and especially funding activities should be taken into consideration;
2022/06/27
Committee: IMCO
Amendment 23 #

2022/2014(INI)

Motion for a resolution
Recital A c (new)
Ac. whereas the European video game industry is mainly made up of small and medium-sized enterprises (SMEs) and startups, which have an important role for the innovation and growth of this sector1a ; _________________ 1a https://digital- strategy.ec.europa.eu/en/library/value- european-video-games-society
2022/06/27
Committee: IMCO
Amendment 24 #

2022/2014(INI)

Motion for a resolution
Recital A d (new)
Ad. whereas video games are complex creative works protected both by the Computer Programs Directive 2009/24 and the Copyright Directive 2001/29 and have a unique and creative value as recognised by the Court of Justice of the EU;1a _________________ 1a Judgement of the CJEU Case C 355/12
2022/06/27
Committee: IMCO
Amendment 30 #

2022/2014(INI)

Motion for a resolution
Recital B
B. whereas the video games industry employed 86 953 people in 2019, of whom around 20% were women; whereas some of the companies use content created by children;
2022/06/27
Committee: IMCO
Amendment 49 #

2022/2014(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas children have the right to participate in the digital world to the fullest extent possible;
2022/06/27
Committee: IMCO
Amendment 50 #

2022/2014(INI)

Motion for a resolution
Recital F
F. whereas 40% of children have paid to open a loot box in an online game, 15% have used their parents’ money without permission to fund their loot boxthe vast majority of children (74%) do not spend money on in- game extras, where children are allowed to spend in the game (19%) and 75% of parents have agreements in place with their children regarding in-game spending1a; whereas it is fundamental to continue increasing awareness of in-game purchases, and 9% have borrowed money they could not afford to pay back to spend on loot boxes3 ; _________________ 3 https://www.rsph.org.uk/about- us/news/over-1-in-10-young-gamers-get- into-debt-because-of-loot-boxes.htmls a tool to reduce the risks associated to them, particularly for children; _________________ 1a Children’s in-game spending (isfe.eu): survey conducted in UK, France, Spain, Germany and Italy in 2020 with 2,300 respondents. Survey also conducted in 2018 and 2019
2022/06/27
Committee: IMCO
Amendment 64 #

2022/2014(INI)

Motion for a resolution
Recital J
J. whereas mental health and well- being are interrelated issues that need to be taken into account in all areas such as education, health, employment and social inclusion; whereas videogames can be important tools to deal with mental health and well-being and can be used to advance in these areas, as well as to help citizens to develop several skills which are essential in a digital society and for the building of the Digital Single Market;
2022/06/27
Committee: IMCO
Amendment 72 #

2022/2014(INI)

Motion for a resolution
Recital K a (new)
Ka. Whereas in 2020 one-fifth of the EU population was expected to have a disability; whereas the Union is committed to improving social and economic situations of persons with disabilities; whereas social and economic situations online is an important aspect of life; whereas there are certain disabilities that can be particular disabling for online video games, like colour blindness, visual challenges or hand mobility impairments; whereas colour blindness affect 10 % of the male population;
2022/06/27
Committee: IMCO
Amendment 93 #

2022/2014(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Notes the existence of online video game platforms that allow players, including children, to create their own games using the developer tools provided by them; calls on the Commission to adopt, if needed, regulatory measures in order to protect users against illegal practices caused by these platforms;
2022/06/27
Committee: IMCO
Amendment 94 #

2022/2014(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Urges the European Commission and the Network of Consumer Protection Authorities (CPC-Net) to ensure that European consumer law is fully respected and enforced in the video game sector;
2022/06/27
Committee: IMCO
Amendment 95 #

2022/2014(INI)

Motion for a resolution
Paragraph 1 c (new)
1c. Calls on the European Commission to put forward a European Video Game Strategy that unlocks the economic, social, educational, cultural and innovative potential of this sector to enable it to become a leader in the global video game market, as well as to ensure a high level of consumer protection in the Single Market and the protection of children's rights;
2022/06/27
Committee: IMCO
Amendment 102 #

2022/2014(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the development and implementation of parental-control tools that help to filter content and video games by age, monitor time spent playing games, disable or limit online spending and restrict communications with others or the viewing of content created by other players; notes, however, that parents may find it difficult to use such tools, which reduces their effectiveness; calls for mechanisms to be put in place to exercise stricter parental control overaise awareness on the usefulness of those tools in order to monitor the amount of time and money children spend on games, among other things;
2022/06/27
Committee: IMCO
Amendment 106 #

2022/2014(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Calls to the Commission and the Member States to support the promotion of public and private education and information campaigns in Member States directed at parents and caretakers in order to inform them of the tools in place, such as the PEGI phone application, and to encourage their usage;
2022/06/27
Committee: IMCO
Amendment 111 #

2022/2014(INI)

Motion for a resolution
Paragraph 4
4. Points out that some video games offer their users the possibility to pay, sometimes even with real money, in order to obtain rewards through loot boxes or any other type of randomized in-game purchase;
2022/06/27
Committee: IMCO
Amendment 114 #

2022/2014(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Stresses that in-game purchases have been present in video games for many years and the Guidance on the Unfair Commercial Practices Directive already bans their mandatory use; highlights that consumers and parents must be informed of the presence of in- game purchases prior to the purchase or download of the application;
2022/06/27
Committee: IMCO
Amendment 117 #

2022/2014(INI)

Motion for a resolution
Paragraph 5
5. Acknowledges that it has not yet been clearly established whether loot boxes may be considered gambling in Europe; notes, however, that several Member States have considered loot boxes to be gambling and have adopted regulatory measures to ban them; calls on the Commission to analyse and determine whether or not loot boxes can be considered to be a gambling activity and, if so,calls on the Commission to take the necessary steps to bring about a common European approach;
2022/06/27
Committee: IMCO
Amendment 122 #

2022/2014(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Points out that the European Parliament commissioned a study on loot boxes and their effect on consumers, in particular young consumers1a , and recommended to examine loot boxes from a consumer protection legislation perspective but also to consider the efficiency of industry measures; _________________ 1a https://www.europarl.europa.eu/thinktank /en/document/IPOL_STU(2020)652727
2022/06/27
Committee: IMCO
Amendment 123 #

2022/2014(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Notes that it has not yet been clearly established whether loot boxes may be considered gambling in Europe1a; notes, however, that gambling law is national competence of Member States and that Belgium and the Netherlands have considered that loot boxes constitute gambling and have regulated them accordingly; _________________ 1a https://op.europa.eu/en/publication- detail/-/publication/f84fa393-0f01-11e4- a7d0-01aa75ed71a1/language-en
2022/06/27
Committee: IMCO
Amendment 124 #

2022/2014(INI)

Motion for a resolution
Paragraph 5 c (new)
5c. Welcomes the Commission recently adopted Guidance on the Unfair Commercial Practices Directive, which establishes harmonised rules where paid random items are present in video games; calls for its compliance and swift implementation to ensure consumer protection in the Single Market, particularly for children; urges the Commission to further assess consumer protection in video games and take the necessary steps to bring about a common European approach on loot boxes and any other type of randomized in-game purchases;
2022/06/27
Committee: IMCO
Amendment 128 #

2022/2014(INI)

Motion for a resolution
Paragraph 6
6. Points out that certain game designs used for in-game purchasing systems can be particularly harmful when targeted at minors; calls for such advertising to be banned when targeted at minors: stresses that they must also be compliant with the recently adopted Guidance on the Unfair Commercial Practices Directive to ensure that they do not result in harmful practices affecting consumers, especially children;
2022/06/27
Committee: IMCO
Amendment 135 #

2022/2014(INI)

Motion for a resolution
Paragraph 7
7. Stresses that online games that are likely to be accessible to children must take their rights and vulnerabilities into account; stresses that they must meet the highest possible standards by design and by default when it comes to security and privacy, in accordance with the GDPR and the DSA and their particular provisions related to the data processing of children and the protection of their online privacy;
2022/06/27
Committee: IMCO
Amendment 140 #

2022/2014(INI)

7a. Stresses that videogames are both tools for playing as well as art works with cultural value; points out that article 31 of the UN Convention on the Rights of the Child states that all children have the right to play and to freely and fully experience cultural life and activities according to their age;1a _________________ 1a https://www.ohchr.org/en/instruments- mechanisms/instruments/convention- rights-child
2022/06/27
Committee: IMCO
Amendment 142 #

2022/2014(INI)

Motion for a resolution
Paragraph 8
8. Stresses that consumers should have all the necessary information about an online video game related to the presence of in-game purchases, loot boxes and other randomised in-game purchases, before starting to play it, as well as during the game, in terms of the multiple options for possible purchases while playing and other information that may be considered to be of interest; stresses that such information should be clearly displayed and easily understandable for all consumers before the moment of purchase; notes that, when virtual currencies are used in online games, the value on real-world currency must always be provided alongside virtual currency;
2022/06/27
Committee: IMCO
Amendment 150 #

2022/2014(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Welcomes that the Commission will examine auto-renewals for subscriptions and contracts in the upcoming fitness check of consumer protection legislation; points out that auto-renewals can be beneficial for both the user and the trader, improving convenience for users and limiting subscriber administration for the trader, but it can also be problematic if the auto- renewals continue indefinitely against the consumer's intentions; encourages the Commission and traders to take into account best-practices from Member states or companies that already have consumer-friendly auto-renewal policies in place; calls for the introduction of an obligation at EU level whereby traders must provide users with an opt-in proposal at purchase instead of having it as a default feature, to provide clear and easy-accessible information on how to cancel auto-renewals at anytime and to make the process of cancelling the auto- renewals simple and as easy as signing up;
2022/06/27
Committee: IMCO
Amendment 155 #

2022/2014(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Underlines that return and refund guarantee policies are a corner stone of the Union’s consumer rights, and consumers should experience the same rights for online gaming purchases and subscriptions as they would for in-person, psychical purchases; calls on traders to fully comply to EU consumer protection rules and relay information on how to request a refund or make use of the right of withdrawal transparently and reliably;
2022/06/27
Committee: IMCO
Amendment 156 #

2022/2014(INI)

Motion for a resolution
Paragraph 8 c (new)
8c. Stresses that persons with disabilities should be able to play all types of online video games; highlights that both technical and communicative features of all online video games and any relevant information related to playing or purchasing the game must be inclusive and accessible; calls on the Commission to propose an extension of the scope of the European Accessibility Act to online video games; encourages providers of online video games to make games accessible by applying the accessibility requirements of Annex I of Directive 2019/882;
2022/06/27
Committee: IMCO
Amendment 157 #

2022/2014(INI)

Motion for a resolution
Paragraph 9
9. Points out that once an item that has been obtained in a video game, it can be exchanged for actual money can only be used in that game and it is prohibited to exchange it outside the game-play environment; calls on national authorities to put an end to illegal practices organised by illegal third party sites, allowing to exchange, sell or bet on in-game sites; stresses that, above and beyond consumer protection issues, these services have led to money laundering; calls on the Commission to put an end to this practice; considers that the Digital Services Act may help mitigate this problem, in particular through the implementation of the ‘know your business customer’ obligations;
2022/06/27
Committee: IMCO
Amendment 183 #

2022/2014(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Notes that videogames can be interactive, highly social and have helped Europeans to find community and connection during a time of isolation, as well as to build communities and forge genuine, enduring friendships; notes that this has been particularly true for elderly people who are amongst those who have suffered the most isolation during these months; notes that the WHO believes online games can become a key instrument in nurturing our bonds to others1a and that research has found direct psychological and social benefits from gaming across all ages; _________________ 1a https://www.bloomberg.com/press- releases/2020-04-10/games-industry- unites-to-promote-world-health- organization-messages-against-covid-19- launch-playaparttogether-campaign
2022/06/27
Committee: IMCO
Amendment 189 #

2022/2014(INI)

Motion for a resolution
Paragraph 12
12. Stresses that playing online video games excessively can have a negative impact on social relations, such as school drop-out, physical and mental health problems, and poor academic performance, to name but a few issues; calls for the strengthening of supervisory mechanisms for children and adolescentspublic information campaigns about responsible game play and parental control tools allowing parents to manage children’s video game play; encourages parents to join children in their digital past time;
2022/06/27
Committee: IMCO
Amendment 212 #

2022/2014(INI)

Motion for a resolution
Paragraph 15
15. StreConsiders that the European Commission should assess thate possibility of requiring providers of online video games that are played by children should be required to conduct, directed towards children, the development of ex-ante child impact assessments based on the 4Cs framework for classifying risk;
2022/06/27
Committee: IMCO
Amendment 224 #

2022/2014(INI)

Motion for a resolution
Paragraph 18
18. Welcomes industry-led initiatives such as Pan European Game Information (PEGI) that is used in 38 countries; considers that such a rating system can beis particularly beneficial in providing information on the recommended minimum age and protecting minors from inappropriatage for playing a game; welcomes the sector's longstanding safety by design commitment through the PEGI Code of Conduct provisions on safe online gameplay environments which were introduced in 2007, and the presence of parental control tools which are effective agameinst illegal and harmful content; welcomes the PEGI descriptor function which informs consumers if a game includes paid random pay-to-playitems features; notes that some countries have made the PEGI system law and calls on the Commission to explore the possibilities for entrenching it in EU law; highlights that PEGI is a well- known and affordable system for consumers and companies that provides guidance for parents helping them to determinate which games are appropriate for which age;
2022/06/27
Committee: IMCO
Amendment 228 #

2022/2014(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls on the Commission to assess further the implementation of the PEGI system across the EU and the possibility to make the PEGI system the harmonised mandatory age-rating system applicable to all videogames and online platforms, together with its Code of Conduct, in order to ensure the highest European standards of safety, privacy and security for all consumers in a uniform manner the EU, as well as to avoid fragmentation in the Single Market and provide legal certainty for the videogame industry;
2022/06/27
Committee: IMCO
Amendment 1 #

2022/2013(INI)

Motion for a resolution
Citation 5
— having regard to the general comments on the CRPD as the authoritative guidance on its implementation, elaborated by the UN Committee on the Rights of Persons with Disabilities, as the authoritative guidance on its implementation, and specifically the General Comment No. 2 - Article 9: Accessibility (adopted on 11April 2014),
2022/05/02
Committee: IMCO
Amendment 5 #

2022/2013(INI)

Motion for a resolution
Citation 19 a (new)
— having regard to the report of the Committee on the Internal Market and CNew Consumer Agenda, that has amongst its five priorities the specific needs of certain consumer Pgrotection (A9-0000/2022)ups, amongst them, persons with disabilities,
2022/05/02
Committee: IMCO
Amendment 9 #

2022/2013(INI)

Motion for a resolution
Citation 25 a (new)
— having regard to Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2016 concerning the rights of disabled persons and persons with reduced mobility when travelling by air1a, _________________ 1a OJ L 204, 26.7.2006, p. 1.
2022/05/02
Committee: IMCO
Amendment 15 #

2022/2013(INI)

Motion for a resolution
Recital A d (new)
Ad. whereas accessibility is an essential precondition for the full participation of persons with disabilities in society in a level playing field and for the effective enjoyment of all of their human rights and fundamental freedoms;
2022/05/02
Committee: IMCO
Amendment 21 #

2022/2013(INI)

Motion for a resolution
Recital C
C. whereas ensuring high-quality and affordable assissupportive technologies will benefit both persons with disabilities and the providers of these technologies as well as the whole of society, and whereas these technologies can only work in accessible environments;
2022/05/02
Committee: IMCO
Amendment 23 #

2022/2013(INI)

Ca. whereas the correct implementation of policies related to disabilities will contribute positively to the competitiveness of the EU's internal market and therefore represents an integral resource for the EU economy.
2022/05/02
Committee: IMCO
Amendment 27 #

2022/2013(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission’s initiative, announced in the Union of Equality: European Strategy for the Rights of Persons with Disabilities 2021-2030, to establish thean AccessibleEU Centre (‘Centre’), which aims to increase coherence in implementing harmonised accessibility policies, and to facilitate access to relevant knowledge and skills, promoting a culture of equal opportunities and full participation in society for persons with disabilities; in a collaborative space between public administrations, disability civil society, accessibility experts and users;
2022/05/02
Committee: IMCO
Amendment 33 #

2022/2013(INI)

Motion for a resolution
Paragraph 2
2. Notes that greater accessibility outcomes in society can only be achieved if the Centre follows the ‘universal design’ approach; emphasises the need to ensure that this approacha comprehensive approach to accessibility, to the physical environment, transportation, information and communication, and services open to the public, is duly taken into account, in particular in public procurement contracts and tenders;
2022/05/02
Committee: IMCO
Amendment 36 #

2022/2013(INI)

Motion for a resolution
Paragraph 3
3. Highlights that the EU has established a comprehensive legal framework for accessibility in the single market, based on the mandate of the CRPD; regrets, however, that the implementation of such crucial legislation has not yet been satisfactory, mostly due to the lack of qualified accessibility experts; stresses the need for improving the overall knowledge, as well as practical and theoretical expertise, on accessibility policies among public administrations and economic operators and society in general, in order to help find suitable solutions in each Member State;
2022/05/02
Committee: IMCO
Amendment 43 #

2022/2013(INI)

Motion for a resolution
Paragraph 4
4. Believes that the absence of a coordination and cooperation framework between the EU, the Member States and the relevant stakeholders within both the private and public sector represents a further obstacle to the implementation of accessibility laws and to the harmonised enforcement across the EU;
2022/05/02
Committee: IMCO
Amendment 47 #

2022/2013(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission to ensure adequate funding for the establishment of and functioning of the Centre, and calls on the Member States to increase resources for the enforcement of accessibility policies, including through EU funds;
2022/05/02
Committee: IMCO
Amendment 49 #

2022/2013(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission to ensure adequate funding for the functioning of the Centre, and calls on the Member States to increasensure the resources needed for the enforcement of accessibility policies, including through EU funds;
2022/05/02
Committee: IMCO
Amendment 60 #

2022/2013(INI)

Motion for a resolution
Paragraph 7
7. Highlights the specific challenges posed by particular domains of accessibility policies, such as built environment, public procurement, digital accessibilitytechnologies, media and culture, and assistive technologiestransportation, and supportive technologies and the foods, products and services open to the public; believes, therefore, that specialised sub-groups of experts are needed for certain areas; is convinced that these groups should work closely with the Centre and the Member States in order to guarantee better assessment, implementation, monitoring and enforcement of accessibility-related legislation; notes that accessibility must also take into account the gender and age of persons with disabilities;
2022/05/02
Committee: IMCO
Amendment 67 #

2022/2013(INI)

Motion for a resolution
Paragraph 9
9. Believes that the Centre should function as a hub which provideoffers relevant EU institutions and bodies and its Member States when implementing Union law with regular assistance and expertise relating to accessibility policies and technical requirements; believes that the Centre should establish a cooperation framework that would bring together the relevant national and Union bodies with all users groups, in particular organisations representing persons with disabilities, civil society organisations, academia, companies and professionals from all areas of accessibility, in order to guarantee harmonised enforcement across the EU, provide guidance and training, and to inspire policy learning and innovation at national and EU level, including through the identification and sharing of best practices;
2022/05/02
Committee: IMCO
Amendment 71 #

2022/2013(INI)

Motion for a resolution
Paragraph 11
11. Is of the opinion that the Centre should providegenerate valuable knowledge on accessibility through the use of research and studies to both the Commission and the Member States, as well as specialised and comparable information and data, including feedback on the implementation of accessibility laws; highlights that these actions would help accessibility policies to be solidly based on userbeneficiaries’ requirements and experiences;
2022/05/02
Committee: IMCO
Amendment 77 #

2022/2013(INI)

Motion for a resolution
Paragraph 12
12. Considers that the role of the Centre would be essential into providinge Member States, stakeholders and right- holders with constknowledge antd support for the implementation, monitoring and enforcement of accessibility policies, including through training and guidance documents in all EU official languages;
2022/05/02
Committee: IMCO
Amendment 1 #

2022/2008(INI)

Draft opinion
Paragraph 1
1. Recalls that the new Industrial Strategy was updated to reflect the lessons learned from COVID-19, and that this strategy will be key to enhancing EU competitiveness and overcoming future challenges; recalls thatunderlines that the crisis clearly demonstrated that the single market needs to be better equipped to face possible future crisis; welcomes, in this respect, the announcement of the Commission to present a Single Market Emergency Instrument to strengthen its resilience and ask the Commission to improve the effectiveness of already existing governance tools; asks for a strong governance system and a digitalised market surveillance system making full use of new technologies, such as AI, as they are essential in order to relaunch theand ensure a well-functioning single market; calls on the Commission to focus on ensuring that the industrial strategy helps remove single market barriers and avoid further fragmentation;
2022/04/06
Committee: IMCO
Amendment 11 #

2022/2008(INI)

Draft opinion
Paragraph 1 a (new)
1a. Highlights the importance to remove unjustified regulatory and non- regulatory barriers, including in services, that hamper the good functioning of the Single Market and to guarantee the effective implementation and enforcement of Single Market rules;
2022/04/06
Committee: IMCO
Amendment 14 #

2022/2008(INI)

Draft opinion
Paragraph 1 b (new)
1b. Calls on the European Commission and the Member States to enhance cooperation amongst themselves and with economic operators and use new technologies and regulatory sandboxes for removing all unjustified barriers of the Single Market, and reducing the administrative burdens;
2022/04/06
Committee: IMCO
Amendment 16 #

2022/2008(INI)

Draft opinion
Paragraph 1 c (new)
1c. Notes that the War in Ukraine showed one more time that the European economic environment needs improvement and that we still need to complete the Single Market in key industrial sectors, such as energy production and transport;
2022/04/06
Committee: IMCO
Amendment 25 #

2022/2008(INI)

Draft opinion
Paragraph 2 a (new)
2a. Recalls the importance of SMEs and start-ups for the competitiveness of the EU and as a source of innovation; asks the Commission to launch new actions to facilitate the creation of new start-ups, to support them in finding better access to financing and to provide clear guidance on how to comply with EU sectorial rules; believes that financial instruments to support their digitalisation should be strengthened.
2022/04/06
Committee: IMCO
Amendment 27 #

2022/2008(INI)

Draft opinion
Paragraph 2 b (new)
2b. Recalls the launch of the New Bauhaus initiative as an important direction in greening the architectonic, construction, and housing sectors, while additionally focusing on sustainable city planning and development and ensuring the inclusion of all European citizens; underlines the need for fast standardization processes in order to keep up with the innovative approaches, materials and technologies that will enable the creation of a Single Market in the field of aesthetic, sustainable, and inclusive constructions; emphasizes the need for the announced Bauhaus Label to include sector specific criteria for Bauhaus projects to be awarded the label and for the label to enhance funding opportunities for projects in the EU; furthermore, insists that the future NEB Lab focusses on innovative recommendations developed in close cooperation with other scientific institutions in the EU and European businesses; underlines the importance of considering this complex innovative movement in the up-dates of the industrial strategy;
2022/04/06
Committee: IMCO
Amendment 30 #

2022/2008(INI)

Draft opinion
Paragraph 3
3. Underlines the need to strengthen the competitiveness of SMEs and industry by addressing supply risks, dependencies, disruptions and vulnerabilities, especially in the green and digital economies; stresses that effective public procurement will lead to more jobs, growth and innovative investments; calls on the Commission to continue working on the correct implementation of EU public procurement legislation in order to create a well-functioning and harmonised Single Market across sectors and underlines the need to prioritize high quality and innovative aspects over price in all public procurement;
2022/04/06
Committee: IMCO
Amendment 38 #

2022/2008(INI)

Draft opinion
Paragraph 3 a (new)
3a. Underlines the importance of SMEs in the internal market as producers and also as providers of industrial services to other manufacturers; calls for the removal of the unjustified regulatory barriers and to promote the approach of the horizontal services in the industrial strategy;
2022/04/06
Committee: IMCO
Amendment 40 #

2022/2008(INI)

Draft opinion
Paragraph 3 b (new)
3b. Underlines that the war on Ukraine that lead to increase tensions between the European Union and the Russian Federation showed once again the importance of ensuring the autonomy of the Single Market in strategic sectors; calls for the creation of a real Single Market in the production of energy and underlines the importance of developing and implementing the trans-European energy infrastructure, TEN-E, as part of the main pillars of the industrial strategy;
2022/04/06
Committee: IMCO
Amendment 41 #

2022/2008(INI)

Draft opinion
Paragraph 3 c (new)
3c. Recalls that the Green Deal can only be achieved with the increase of the production and use of renewable energy; underlines that the industrial strategy should address the key obstacles to a faster development of renewables, inter alia permitting hurdles, finding ways to better connect SMEs and all possible energy producers in the system and encourage them to be part of the creation of the Single Market in the energy sector;
2022/04/06
Committee: IMCO
Amendment 52 #

2022/2008(INI)

Draft opinion
Paragraph 4 b (new)
4b. Recalls the importance of the cooperation with the education sector in all the Member States to develop the digital skills in the Single Market and highlights the need of a permanent dialogue among all relevant authorities and the economic operators to ensure that the young work force is better prepared for the new industrial needs.
2022/04/06
Committee: IMCO
Amendment 53 #

2022/2008(INI)

Draft opinion
Paragraph 4 c (new)
4c. Recalls the export of ideas and highly skilled professionals in the digital sector; calls on the Commission to include in the industrial strategy paths that would lead to the support of the creation of start- ups and help them in finding better access to financing leading to the increase of the scale-ups and decreasing the buyouts and take overs of the European companies by the much more developed companies from third countries;
2022/04/06
Committee: IMCO
Amendment 54 #

2022/2008(INI)

Draft opinion
Paragraph 4 d (new)
4d. Welcomes the establishing of the European alliances in different industrial sectors, like raw materials, batteries, processors and others; calls on the Commission to increase the dissemination of the information and to encourage the Member States, regions and economic operators, including SMEs to join the European efforts in achieving the key EU policy objectives;
2022/04/06
Committee: IMCO
Amendment 62 #

2022/2008(INI)

Draft opinion
Paragraph 5 a (new)
5a. Underlines the importance of research and innovation in the green and digital transition; stresses the need of a true Single Market and of the active and enhanced participation of the SMEs and technology education institutes in the market; calls on the Commission and the Member States to facilitate the participation of SMEs and micro- enterprises to the R&D market by proper legislation and easy access to financial instruments and the possibility to use the R&D IP rights as collaterals.
2022/04/06
Committee: IMCO
Amendment 64 #

2022/2008(INI)

Draft opinion
Paragraph 5 b (new)
5b. Welcomes the Commission intention to elaborate a strategy for the textile industry; recalls that the textile industry faces a slow recovery from the downfall during the pandemic, being affected also by the massive re-location of the production sites in third countries; underlines the need to target the SMEs as the main players in the sector;
2022/04/06
Committee: IMCO
Amendment 65 #

2022/2008(INI)

Draft opinion
Paragraph 5 c (new)
5c. Believes that the new industrial strategy must also set path for the recovery and strong development of cultural and creative industry as one of the sectors that are more susceptible to be affected by economic crisis;
2022/04/06
Committee: IMCO
Amendment 66 #

2022/2008(INI)

Draft opinion
Paragraph 5 d (new)
5d. Underlines the need to include in the industrial strategy the gaming industry as one of the industries with the highest development potential recalling that most of the games producers and developers are not European actors; calls for clear paths at the European level to enable industry to accelerate and become one of the leaders in the sector;
2022/04/06
Committee: IMCO
Amendment 74 #

2022/2008(INI)

Draft opinion
Paragraph 6 a (new)
6a. Highlights the importance of developing a true single market for data to support the EU industrial development, to foster innovation and to strengthen the Digital Single Market as a whole;
2022/04/06
Committee: IMCO
Amendment 76 #

2022/2008(INI)

Draft opinion
Paragraph 6 b (new)
6b. Recalls the importance of competition rules adapted to new dynamics of the EU market and to a changing global context to guarantee effective and fair competition in the Single Market and to enhance consumers choice;
2022/04/06
Committee: IMCO
Amendment 4 #

2022/0906(COD)

Draft Regulation
Recital 2 a (new)
(2a) The transfer to the General Court of a part of the competence to examine requests for preliminary ruling should enable the Court of Justice to allocate more time and resources to the examination of more complex and sensitive requests for preliminary ruling. The General Court in turn has the capacity to address these requests as a priority matter, which will improve the efficiency of European justice and strengthen the implementation of the rights of European citizens. This transfer of competence should also promote the uniform application of EU law and increase legal certainty throughout the EU and its Member States.
2023/06/29
Committee: AFCO
Amendment 5 #

2022/0906(COD)

Draft Regulation
Recital 2 b (new)
(2b) A new and improved distribution of labour between the Court of Justice and the General Court should also give way for a more intense dialogue between EU and Member States’ courts and tribunals. This dialogue is a centrepiece of the “ever closer union” and is critical to increase the resilience of European democracy and legal system. This dialogue could further be developed through an extended application of Article 101 of the Court’s rules of procedure, which allows the Court to request clarifications to the referring court, in addition to briefs or observations submitted by the interested parties referred to in Article 23 of the Statute.
2023/06/29
Committee: AFCO
Amendment 8 #

2022/0906(COD)

Draft Regulation
Recital 3
(3) The General Court is currently in a position to be able to deal with the increase in workload that will follow from that transfer of jurisdiction, as a result of the doubling of the number of its Judges andAs a result the measures taken in the context of the reform of the judicial framework of the Union resulting from Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council the General Court is currently in a position to be able to deal with the increase in workload that will follow from that transfer of jurisdiction.13 Nevertheless, since the workload of the General Court is closely related to developments in the Union’s activity, care should be taken to ensure that the General Court remains capable of fully exercising its powers of review in respect of the institutions, bodies, offices and agencies of the Union, if necessary by means of increasing the number of its staff. _________________ 13 Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council of 16 December 2015 amending Protocol No 3 on the Statute of the Court of Justice of the European Union (OJ L 341, 24.12.2015, p. 14).
2023/06/29
Committee: AFCO
Amendment 15 #

2022/0906(COD)

Draft Regulation
Recital 8
(8) Having regard to the substantive criterion applicable to the distribution between the Court of Justice and the General Court of jurisdiction to give preliminary rulings, it is necessary, for reasons of legal certainty and expedition, for the referring courts not themselves to decide the question as to which of the Courts of the Union has jurisdiction to hear and determine a request for a preliminary ruling. Every request for a preliminary ruling must therefore be submitted to a single court, namely the Court of Justice, which will determine, in accordance with detailed rules to be set out in its Rules of Procedure, whether the request falls exclusively within one or several specific defined areas laid down in the Statute of the Court of Justice of the European Union and, accordingly, whether that request must be dealt with by the General Court. The Court of Justice will continue to have jurisdiction to adjudicate on requests for a preliminary ruling that, notwithstanding that they may be connected to those specific areas, also concern other areas, since the first subparagraph of Article 256(3) of the Treaty on the Functioning of the European Union does not provide any possibility of transferring to the General Court jurisdiction to give preliminary rulings in areas other than the specific areas.
2023/06/29
Committee: AFCO
Amendment 20 #

2022/0906(COD)

Draft Regulation
Recital 8 a (new)
(8a) The Court of Justice will continue to have jurisdiction to adjudicate on requests for a preliminary ruling that, notwithstanding that they may be connected to those specific areas, also concern other areas, since the first subparagraph of Article 256(3) of the Treaty on the Functioning of the European Union does not provide any possibility of transferring to the General Court jurisdiction to give preliminary rulings in areas other than the specific areas.
2023/06/29
Committee: AFCO
Amendment 22 #

2022/0906(COD)

Draft Regulation
Recital 8 b (new)
(8b) In order to ensure compliance with the principle of legality, the provisions of the Statute should clearly state that the Court of Justice will retain jurisdiction where, pursuant to Article 256, paragraph 3, first paragraph of the Treaty on the functioning of the European Union, the request for a preliminary ruling, notwithstanding the fact that the main proceedings fall under one or more of the subjects referred to in Article 50b, paragraph 1, of the Statute, raises autonomous questions of interpretation of primary law, international public law, general principles of law or of the Charter of Fundamental Rights of the European Union, taking into account the horizontal nature of the latter.
2023/06/29
Committee: AFCO
Amendment 23 #

2022/0906(COD)

Draft Regulation
Recital 8 c (new)
(8c) In order to ensure clarity and legal predictability in the implementation of the distribution of competence to examine preliminary rulings, the Court should publish and update periodically a list of examples illustrating the application of article 50b of the Statute.
2023/06/29
Committee: AFCO
Amendment 28 #

2022/0906(COD)

Draft Regulation
Recital 11
(11) In addition, in order to maintain in particular the consistency of preliminary rulings given by the General Court, and in the interests of the proper administration of justice, provision should be made for a formation of the court of an intermediate size between the chambers of five Judges and the Grand Chamber. As a result of the new competences of the General Court, which will become final judge in addressing certain requests for preliminary ruling, the intermediate size chamber should sit in full composition where a Member State or an institution of the European Union concerned so requests.
2023/06/29
Committee: AFCO
Amendment 32 #

2022/0906(COD)

Draft Regulation
Recital 14 a (new)
(14a) This Regulation provides for a significant development of the judiciary framework of the Union, of which the implementation should be monitored closely. To this end, the Court should report no later than three years after the entry into force of this Regulation, on the transfer to the Court of preliminary jurisdiction in specific subjects and the extension of the mechanism of the prior admission to appeals to the Court to the European Parliament, the Council and the Commission. In this report, the Court should draw up an assessment of the implementation of this reform. In particular, this report should contain elements to appreciate the achievement of the objectives pursued by this reform, taking into account both the speed at which cases are processed as well as the qualitative gains observed in the examination of appeals and requests for preliminary ruling in more complex and sensitive cases.
2023/06/29
Committee: AFCO
Amendment 33 #

2022/0906(COD)

Draft Regulation
Recital 14 b (new)
(14b) It is for the above reasons appropriate to amend Protocol No 3 on the Statute of the Court of Justice of the European Union in the following way:
2023/06/29
Committee: AFCO
Amendment 35 #

2022/0906(COD)

Draft Regulation
Article 1 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 50
The General Court, seized pursuant to Article 267 of the Treaty on the functioning of the European Union, shall sit in full intermediate size chamber when a Member State or an institution of the Union concerned so requests.
2023/06/29
Committee: AFCO
Amendment 37 #

2022/0906(COD)

Draft Regulation
Article 2 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 50b
– the Customs Code and the tariff classification of goods under the Combined Nomenclature;
2023/06/29
Committee: AFCO
Amendment 39 #

2022/0906(COD)

Draft Regulation
Article 2 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 50b
- the tariff classification of goods under the Combined Nomenclature;
2023/06/29
Committee: AFCO
Amendment 42 #

2022/0906(COD)

Draft Regulation
Article 2 – paragraph 1
Protocol No 3 on the Statute of the Court of Justice of the European Union
Article 50b
1a. A request for a preliminary ruling does not come exclusively within one or several of the above specific areas when it raises autonomous questions of interpretation of primary law, international public law, general principles of law or of the Charter of Fundamental Rights of the European Union.
2023/06/29
Committee: AFCO
Amendment 52 #

2022/0906(COD)

Draft Regulation
Article 4 a (new)
Article4a 1. No later than [one year after the entry into force of this Regulation], the Court shall publish and periodically update guidance containing examples of cases outlining the implementation of the procedure set forth in Article 50b, paragraph 2 of the Statute. 2. No later than [three years after the entry into force of this Regulation], the Court shall submit to the European Parliament, the Council of the EU and the European Commission a report on the implementation of the Regulation. This report shall at least contain: a) the number of requests for preliminary rulings examined by the General Court, identifying the applicable matter under Article 50b, first paragraph of the Statute, and, where applicable, the cases where the Court of Justice carried out a review; b) the number and nature of the requests for preliminary ruling falling within the material scope of Article 50b, paragraph 1 of the Statute not examined by the General Court, but by the Court of Justice; c) the number and nature of cases subject to the extended mechanism of prior admission of appeals; d) other elements pertinent to the evaluation of the functioning of this Regulation, taking into account both the speed of processing requests as well as the qualitative gains observed in the examination of appeals and requests in more complex or sensitive matters, in particular by increased exchanges with referring courts. If appropriate, this report shall be accompanied by a request for a legislative act.
2023/06/29
Committee: AFCO
Amendment 27 #

2022/0379(COD)

Proposal for a regulation
Recital 2
(2) Member States and the Union have been working for more than two decades to support the modernisation of administrations through digital transformation and foster the deep interconnections needed for a truly European digital space. The communication from the Commission ‘2030 Digital Compass: the European way for the Digital Decade’ (COM(2021) 118) underlines the need to speed up the digitalisation of public services by 2030, including by ensuring interoperability across all levels of government and across public services. Furthermore, the COVID- 19 pandemic increased the speed of digitalisation, pushing public administrations to adapt to the online paradigm, including for cross-border digital public services, as well as for the smarter and greener use of technologies in accordance with the climate and energy targets set in the European Green Deal and the Regulation (EU) 2021/1119 of the European Parliament and of the Council36. This Regulation aims to significantly contribute to these Union goals and to further enhance Europe's digital sovereigntyby creating a structured cooperation framework on cross-border interoperability amongst Member States and the Commission to support the setup of digital public services. _________________ 36 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
2023/05/05
Committee: IMCO
Amendment 30 #

2022/0379(COD)

Proposal for a regulation
Recital 4
(4) It is in the interest of a coherent approach to public sector interoperability throughout the Union, of supporting the principle of good administration and, the free movement of personal and non- personal data within the Union and the creation of internal market of data, to align the rules as far as possible for all public sectors that are controllers or providers of network and information systems used to facilitate or manage public services. This objective includes the Commission and other institutions, bodies and agencies of the Union, as well as public sector bodies in the Member States across all levels of administration: national, regional and local. Agencies are playing an important role in collecting regulatory reporting data from Member States. Therefore, the interoperability of this data - should also be in scope of this Regulation.
2023/05/05
Committee: IMCO
Amendment 33 #

2022/0379(COD)

Proposal for a regulation
Recital 11
(11) The organisation should publish the outcome of the interoperability assessment on its website and share it with the Commission for publication on the Interoperable Europe portal. The publication of the outcome should not compromise intellectual property rights or trade secrets, and should be restricted where justified on the grounds of public order or security. The provisions of Union law governing the protection of personal data should be observed.
2023/05/05
Committee: IMCO
Amendment 34 #

2022/0379(COD)

Proposal for a regulation
Recital 20
(20) An Interoperable Europe portal should be established as an easy-to-access point of reference for interoperability assessments, solutions, knowledge and community. The portal should be established as a link to official sources but should also be open to input from the Interoperable Europe Community.
2023/05/05
Committee: IMCO
Amendment 35 #

2022/0379(COD)

Proposal for a regulation
Recital 22
(22) At the moment, the Union’s public services delivered or managed electronically depend in many cases on non-Union providers. It is in the Union’s strategic interest to ensure that it retains and develops essential technological capacities to secure its Digital Single Market, to enhance Europe's digital sovereignty and in particular to ensure service delivery, protect critical network and information systems, and to provide key services. The Interoperable Europe support measures should help public administrations to evolve and be capable of incorporating new challenges and new areas in cross-border contexts. Interoperability is a condition for avoiding technological lock-in, enabling technical developments, and fostering innovation, which should boost the global competitiveness, resilience and strategic autonomy of the Union.
2023/05/05
Committee: IMCO
Amendment 36 #

2022/0379(COD)

Proposal for a regulation
Recital 24
(24) All levels of government should cooperate with innovative organisations, be it companies, in particular start-ups and SMEs or non-profit entities, in design, development and operation of public services. Supporting GovTech cooperation between public sector bodies and start-ups and innovative SMEs, or cooperation mainly involving civil society organisations (‘CivicTech’), is an effective means of supporting public sector innovation and promoting use of interoperability tools across private and public sector partners. Supporting an open GovTech ecosystem in the Union that brings together public and private actors across borders and involves different levels of government should allow to develop innovative initiatives aimed at the design and deployment of GovTech interoperability solutions.
2023/05/05
Committee: IMCO
Amendment 37 #

2022/0379(COD)

Proposal for a regulation
Recital 26
(26) Interoperable Europe support measures could benefit from safe spaces for experimentation, while ensuring responsible innovation and integration of appropriate risk mitigation measures and safeguards. To ensure a legal framework that is innovation-friendly, future-proof and resilient to disruption, it should be made possible to run such projects in regulatory sandboxes. Regulatory sandboxes should consist in controlled test environments that facilitate the development and testing of innovative solutions before such systems are integrated in the network and information systems of the public sector. The objectives of the regulatory sandboxes should be to foster interoperability through innovative solutions by establishing a controlled experimentation and testing environment with a view to ensure alignment of the solutions with this Regulation and other relevant Union law and Member States’ legislation, to enhance legal certainty for innovators, in particular start-ups and SMEs and the competent authorities and to increase the understanding of the opportunities, emerging risks and the impacts of the new solutions. To ensure a uniform implementation across the Union and economies of scale, it is appropriate to establish common rules for the regulatory sandboxes’ implementation. The European Data Protection Supervisor may impose administrative fine to Union institutions and bodies in the context of regulatory sandboxes, according to Article 58(2)(i) of Regulation (EU) 2018/1725 of the European Parliament and of the Council.
2023/05/05
Committee: IMCO
Amendment 40 #

2022/0379(COD)

Proposal for a regulation
Recital 28
(28) It is necessary to enhance a good understanding of interoperability issues, especially among public sector employees. Continuous training is key in this respect and cooperation and coordination on the topic should be encouraged. Beyond trainings on Interoperable Europe solutions, all initiatives should, where appropriate, build on, or be accompanied by, the sharing of experience, expertise and solutions and the exchange and promotion of best practices.
2023/05/05
Committee: IMCO
Amendment 41 #

2022/0379(COD)

Proposal for a regulation
Recital 32
(32) Advancing public sector interoperability needs the active involvement and commitment of experts, practitioners, users and the interested public across Member States, across all levels of government and involving international partners and the private sector, in particular start-ups and SMEs. In order to tap into their expertise, skills and creativity, a dedicated open forum (the ‘Interoperable Europe Community’) should help channel feedback, user and operational needs, identify areas for further development and help scope priorities for EU interoperability cooperation. The establishment of the Interoperable Europe Community should support the coordination and cooperation between the strategic and operational key players for interoperability.
2023/05/05
Committee: IMCO
Amendment 42 #

2022/0379(COD)

Proposal for a regulation
Recital 35
(35) An Interoperable Europe Agenda should be established as the Union’s main instrument for the coordination of public investments in interoperability solutions. It should deliver a comprehensive overview and provide easily accessible and comparable information of funding possibilities and funding commitments in the field, integrating where appropriate the related Union programmes. This should contribute to creating synergies and coordinating financial support related to interoperability development and avoiding duplication. The Interoperable Europe Agenda should set clear objectives and should introduce key performance indicators for measuring the achievements of those objectives.
2023/05/05
Committee: IMCO
Amendment 46 #

2022/0379(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation applies to public sector bodies of Member States and institutions, bodies and agencies of the Union that provide or manage network or information systems that enable public services to be delivered or managed electronically, including Government to Consumer (G2C), Government to Business (G2B) and Government to Government (G2G) interactions.
2023/05/05
Committee: IMCO
Amendment 48 #

2022/0379(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
(9a) 'public services' means services provided to Union citizens and businesses by public sector bodies including the areas of information in Annex I and the procedures in Annex II to Regulation (EU) No 2018/1724 of the European Parliament and of the Council;
2023/05/05
Committee: IMCO
Amendment 49 #

2022/0379(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9 b (new)
(9b) 'cross-border services' means public services that natural and legal persons access across different Member States or public services that are supported by data exchange between information systems, by means of dedicated functions and procedures across national jurisdictions;
2023/05/05
Committee: IMCO
Amendment 50 #

2022/0379(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Where a public sector body or an institution, an agency or body of the Union intends to set up a new or significantly modify an existing network and information system that enables public services to be delivered or managed electronically, it shall carry out an assessment of the impacts of the planned action on cross-border interoperability (‘interoperability assessment’) at least in the following cases:
2023/05/05
Committee: IMCO
Amendment 51 #

2022/0379(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2
Where the public sector body or the institution, body or agency of the Union concerned has already carried out an equivalent interoperability assessment, covering the same requirements, the obligation of this paragraph shall not apply. The public sector body or the institution, body or agency of the Union concerned may also carry out the interoperability assessment in other cases. where considered necessary and proportionate.
2023/05/05
Committee: IMCO
Amendment 52 #

2022/0379(COD)

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
The public sector body or the institution, body or agency of the Union concerned shall publish a report presenting the outcome of the interoperability assessment on its website. The report shall include an indication on the follow-up decision on whether the new network and information system will be set up or a modification to the existing ones will be introduced. The reports shall be shared electronically with the Commission. The Commission shall ensure the publication of these reports on the Interoperable Europe portal.
2023/05/05
Committee: IMCO
Amendment 53 #

2022/0379(COD)

Proposal for a regulation
Article 3 – paragraph 3
3. The national competent authorities and the interoperability coordinators shall provide the necessary support to carry out the interoperability assessment. The Commission mayshall provide technical tools to support the assessment.
2023/05/05
Committee: IMCO
Amendment 57 #

2022/0379(COD)

Proposal for a regulation
Article 3 – paragraph 6
6. The Interoperable Europe Board shall adopt guidelines on the content of the interoperability assessment by ... at the latest [one year9 months after the entry into force of this Regulation], including practical check lists.
2023/05/05
Committee: IMCO
Amendment 58 #

2022/0379(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. To enable the reusing entity to manage the interoperability solution autonomously, the sharing entity shall specify the guarantees that will be provided to the reusing entity in terms of cooperation, support and maintenance, as well as the timeframe for providing such guarantees. Before adopting the interoperability solution, the reusing entity shall provide to the sharing entity an assessment of the solution covering its ability to manage autonomously the cybersecurity and the evolution of the reused interoperability solution.
2023/05/05
Committee: IMCO
Amendment 61 #

2022/0379(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. The Interoperable Europe Board shall develop a European Interoperability Framework (EIF)43and propose to the Commission to adopt it. The Commission may adopt the EIF. TWherethe Commission adopts the EIF, itshall publish the EIF in the Official Journal of the European Union. _________________ 43 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions European Interoperability Framework – Implementation Strategy, COM/2017/0134 final.
2023/05/05
Committee: IMCO
Amendment 62 #

2022/0379(COD)

Proposal for a regulation
Article 7 – paragraph 1
The Interoperable Europe Board shall recommend interoperability solutions for the cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically in the Union. When an interoperability solution is recommended by the Interoperable Europe Board, it shall carry the label ‘Interoperable Europe solution’ and shall be published on the Interoperable Europe portal. Where justified and necessary, the Interoperable Europe Board may withdraw such recommendations, remove the 'Interoperable Europe solution' label from the relevant interoperability solutions, and delete them from the Interoperable Europe portal.
2023/05/05
Committee: IMCO
Amendment 64 #

2022/0379(COD)

Proposal for a regulation
Article 8 – paragraph 1 – introductory part
1. The Commission shall provide a portal (‘the Interoperable Europe portal’) as a single point of entry for information related to cross-border interoperability of network and information systems which are used to provide or manage public services to be delivered or managed electronically in the Union. The portal shall be electronically accessible to all citizens, including people with disabilities, and free of charge. The portal shall have at least the following functions:
2023/05/05
Committee: IMCO
Amendment 65 #

2022/0379(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point e
(e) fostering knowledge exchange between members of the Interoperable Europe Community, including start-ups and SMEs as set out in Article 16, such as providing a feedback system to express their views on measures proposed by the Interoperable Europe Board or express their interest to participate to actions related to the implementation of this Regulation;
2023/05/05
Committee: IMCO
Amendment 68 #

2022/0379(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c
(c) other recommended support measures, such as trainings, sharing of expertise or peer- reviews.
2023/05/05
Committee: IMCO
Amendment 73 #

2022/0379(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. The participating public sector bodies shall ensure that, to the extent the innovative interoperability solution involves the processing of personal data or otherwise falls under the supervisory remit of other national authorities providing or supporting access to data, the national data protection authorities and those other national authorities are associated to the operation of the regulatory sandbox. As appropriate, the participating public sector bodies may allow for the involvement in the regulatory sandbox of other actors within the GovTech ecosystem such as national or European standardisation organisations, notified bodies, research and experimentation labs, innovation hubs, and companies wishing to test innovative interoperability solutions, including start- ups and SMEs. Cooperation may also be envisaged with third countries establishing mechanisms to support innovative interoperability solutions for the public sector.
2023/05/05
Committee: IMCO
Amendment 80 #

2022/0379(COD)

Proposal for a regulation
Article 15 – paragraph 4 – point a
(a) support the implementation of national interoperability frameworks and other relevant Union or national policies, strategies or guidelines;
2023/05/05
Committee: IMCO
Amendment 84 #

2022/0379(COD)

Proposal for a regulation
Article 16 – paragraph 4 – point a a (new)
(aa) contribute to the development of interoperability solutions
2023/05/05
Committee: IMCO
Amendment 85 #

2022/0379(COD)

Proposal for a regulation
Article 16 – paragraph 4 – point c a (new)
(ca) promote the use of interoperability standards and frameworks;
2023/05/05
Committee: IMCO
Amendment 86 #

2022/0379(COD)

Proposal for a regulation
Article 16 – paragraph 5
5. The Interoperable Europe Board shall organise at least once a year an online assembly of the Interoperable Europe Community.
2023/05/05
Committee: IMCO
Amendment 87 #

2022/0379(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point c
(c) support public sector bodies within the Member State to set up or adapt their processes to do interoperability assessment referred to in Article 3 and ensure compliance;
2023/05/05
Committee: IMCO
Amendment 88 #

2022/0379(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point a
(a) needs for the development of interoperability solutions and recommendations as to their application;
2023/05/05
Committee: IMCO
Amendment 90 #

2022/0379(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point d a (new)
(da) the main objectives of the Agenda and the key performance indicators for measuring the achievement of those objectives;
2023/05/05
Committee: IMCO
Amendment 91 #

2022/0379(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. The Interoperable Europe Agenda shall not constitute financial obligations. After its adoption, the Commission shall publish the Agenda on the Interoperable Europe portal and provide regular updates on its implementation.
2023/05/05
Committee: IMCO
Amendment 92 #

2022/0379(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. The Commission shall monitor the progress of the development of cross- border interoperable public services to be delivered or managed electronically in the Union, using specific metrics and indicators to measure their effectiveness, efficiency, and impact on citizens and businesses. The monitoring shall give priority to the reuse of existing international, Union and national monitoring data and to automated data collection.
2023/05/05
Committee: IMCO
Amendment 96 #

2022/0379(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. By ... at the latest [three years after the date of application of this Regulation], and every four years thereafter, the Commission shall present to the European Parliament and to the Council a report on the application of this Regulation, which shall include conclusions of the evaluation. The report shall specifically assess, and where necessary further recommendations. The report shall specifically assess: - the impact of proposed measures for ensuring cross-border interoperability on citizens and businesses, in particular start-ups and SMEs, in the Union, as well as the associated cost; - the mandatory use of interoperability assessment; - the added value of sharing interoperability solutions on the Interoperable Europe portal instead of sharing them only upon request; - the need for establishing mandatory interoperability solutions.;
2023/05/05
Committee: IMCO
Amendment 83 #

2022/0302(COD)

Proposal for a directive
Recital 13
(13) In order not to hamper innovation or research, this Directive should not apply to freResearch by the European Commission shows that Open Source software contributes between €65bn - €95bn to the European Union’s GDP, and provides significant growth opportunities for the Union economy. Therefore, in order not to hamper innovation or research, freeware and open-source software developed or supplisupplied or developed outside the course of a commercial activity. This is in particular the case for software, including its source code and modified versions, that is openl should not be covered by this directive. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by schared and freely accessible, usable, modifiable and redistributable. However wging a price for technical support services, by providing a software platform the core functionality of which relies on othere software is supplied in exchange for a pricervices which the manufacturer monetises, or by the use orf personal data is usedfor reasons other than exclusively for improving the security, compatibility or interoperability of the software, and is therefore supplied in the course of a commercial activity, the Directive should apply.
2023/05/04
Committee: IMCOJURI
Amendment 86 #

2022/0302(COD)

Proposal for a directive
Recital 13 a (new)
(13a) Due to the permissive nature of open-source licences, open-source software can be used as a component in products without need for the consent or knowledge of the original author, allowing for manufacturers to build new products and services quickly, however open-source software developers are not necessarily compensated for this use and often work on the software in their free time. Therefore, when a manufacturer uses open-source software as a component in a product, the manufacturer of the product should be liable for the component unless otherwise agreed, for instance through the provision of commercial technical support either by the developer or a third-party.
2023/05/04
Committee: IMCOJURI
Amendment 87 #

2022/0302(COD)

Proposal for a directive
Recital 13 b (new)
(13b) Public open-source code and software repositories allow developers to access a wide range of resources for software development, and allow for developers to share their code with the wider open-source community. These repositories operate as a public good, and therefore should not be considered as providers, manufacturers, importers or distributors, nor should their activity be considered as commercial within the meaning of this directive.
2023/05/04
Committee: IMCOJURI
Amendment 88 #

2022/0302(COD)

(14) Digital manufacturing files, which contain the functional information necessary to produce a tangible item by enabling the automated control of machinery or tools, such as drills, lathes, mills and 3D printers, should be considered as products, in order to ensure consumer protection in cases where such files are defective. For the avoidance of doubt, it should also be clarified that electricity is a product. Open-Source digital manufacturing files should be considered as open-source software.
2023/05/04
Committee: IMCOJURI
Amendment 185 #

2022/0302(COD)

Proposal for a directive
Article 2 – paragraph 2 a (new)
2a. This directive shall not apply to freeware and open-source software, unless: (a) the developer or a third-party has explicitly agreed to accept liability, for instance, as part of the provision of technical support services, either with a user, or with a manufacturer who wishes to use the software as a component in their own products. (b) the software is provided in the course of commercial activity, either by: (i) charging a price for a product; (ii) providing a software platform reliant on other services which the manufacturer monetises (iii) using personal data generated by the software for reasons other than exclusively for improving the security, compatibility or interoperability of the software.
2023/05/04
Committee: IMCOJURI
Amendment 256 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 17 a (new)
(17a) ‘freeware’ means proprietary software that is provided at no cost to the user, but cannot be distributed, studied, changed, improved, integrated into other products or provided as a service without the consent of the author.
2023/05/04
Committee: IMCOJURI
Amendment 259 #

2022/0302(COD)

Proposal for a directive
Article 4 – paragraph 1 – point 17 b (new)
(17b) ‘open-source software’ means software distributed under a licence which allows users to run, copy, distribute, study, change and improve it freely, as well as to integrate it as a component in other products, provide it as a service, or provide commercial support for it.
2023/05/04
Committee: IMCOJURI
Amendment 195 #

2022/0277(COD)

Proposal for a regulation
Recital 22
(22) Independent national regulatory authorities or bodies are key for the proper application of media law across the Union. NWhile national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU often do not have competencies related to the press sector, they are best placed to ensure the correct application of the requirements related to regulatory cooperation and a well- functioning market for media services, envisaged in Chapter III of this Regulation. In order to ensure a consistent application of this Regulation and other Union media law, it is necessary to set up an independent advisory body at Union level gathering such authorities or bodies and coordinating their actions. In the performance of its tasks and the exercise of its powers, this body should neither seek nor take instructions from any government, institution and public or private person or body. The European Regulators Group for Audiovisual Media Services (ERGA), established by Directive 2010/13/EU, has been essential in promoting the consistent implementation of that Directive. The European Board for Media Services (‘the Board’) should therefore build on ERGA and replace it. This requires a targeted amendment of Directive 2010/13/EU to delete its Article 30b, which establishes ERGA, and to replace references to ERGA and its tasks as a consequence. The amendment of Directive 2010/13/EU by this Regulation is justified in this case as it is limited to a provision which does not need to be transposed by Member States and is addressed to the institutions of the Union.
2023/04/13
Committee: IMCO
Amendment 198 #

2022/0277(COD)

Proposal for a regulation
Recital 23
(23) The Board should bring together senior representatives of the national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU, appointed by such authorities or bodies. In cases where Member States have several relevant regulatory authorities or bodies, including at regional level, a joint representative should be chosen through appropriate procedures and the voting right should remain limited to one representative per Member State. This should not affect the possibility for the other national regulatory authorities or bodies to participate, as appropriate, in the meetings of the Board. The Board should also have the possibility to invite to attend its meetings, in agreement with the Commission, experts and observer, on a case-by-case basis, external experts to attend its meetings. The Board, in consultation with the Commission, should have the possibility to designate experts and observers, to attend its meetings, including in particular regulatory authorities or bodies from candidate countries, potential candidate countries, EEA countries, or to invite ad hoc delegates from other competent national authorities. Due to the sensitivity of the media sector and following the practice of ERGA decisions in accordance with its rules of procedure, the Board should adopt its decisions on the basis of a two-thirds majority of the votes.
2023/04/13
Committee: IMCO
Amendment 206 #

2022/0277(COD)

Proposal for a regulation
Recital 24
(24) Without prejudice to the powers granted to the Commission by the Treaties, it is essential that the Commission and the Board work and cooperate closely. In particular, the Board should actively support the Commission in its tasks of ensuring the consistent application of this Regulation and of the national rulmeasures implementing Directive 2010/13/EU. For that purpose, the Board should in particular advise and assist the Commission on regulatory, technical or practical aspects pertinent to the application of Union law, promote cooperation and the effective exchange of information, experience and best practices and draw up opinions ion agreement withits own initiative or upon the Commission or upon it's request in the cases envisaged by this Regulation. In order to effectively and independently fulfil its tasks, the Board should be able to rely on the expertise and human resources of a secretariat provided by the Commission. The Commission secretariat should provide administrative and organisational support to the Board, and help the Board in carrying out its tasks.
2023/04/13
Committee: IMCO
Amendment 217 #

2022/0277(COD)

Proposal for a regulation
Recital 30
(30) Regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EU have specific practical expertise that allows them to effectively balance the interests of the providers and recipients of media services while ensuring the respect for the freedom of expression. This is key in particular when it comes to protecting the internal market from activities of media service providers originating from outside the Union (either established outside of the UnionEU, established outside of the EU but under jurisdiction of an EU Member State through the Directive 2010/13/EU satellite criteria or established in the EU), irrespective of the means of distribution or access, that target or reach audiences in the Union where, inter alia in view of the control that may be exercised by third countries State authorities over them, they may prejudice or pose risks of prejudice to public security and de, including the safeguarding of national security and defence, public health, or where their programs include incitement to violence or hatred or public provocation to commit a terrorist offence. In this regard, the coordinperation between national regulatory authorities or bodies to face together possible public security and defence threats stemming from such media services needs to be strengthened and given a legal framework to ensure the effectiveness and possible coordination of the national measures adopted in line with Union media legislation. In order to ensure that media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other meanMedia service providers must notify regulatory authorities or bodies in those Member States, a mechanism of accelerated mutual cooperation and assistance should also be available to guarantee the ‘effet utile’ where they target or reach audiences about their operations, including specific information ofn the relevant national measir ownership structures, fin compliance with Union law. Additionally, it is necessary to coordinate the national measures that mayancing sources, and editorial practices. This information should shall be madopted to counter public security and defence threats by media services established outside of the Union and targeting audie transparent and accessible to the public in order to promote accountability and confidences in the Union, including the possibility for the Board, in agreement with the Commission, to issue opinions on such measures, as appropriate. In this regard, riskmedia industry. The Board shall monitor compliance with these requirements and offer comments on the efforts made by Member States to address threats to public security and defencse need to be assessed with a view to all relevant factual and legal elements, at national and European level. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Unionpresented by such media services in collaboration with regulatory authorities or bodies.
2023/04/13
Committee: IMCO
Amendment 221 #

2022/0277(COD)

Proposal for a regulation
Recital 30 a (new)
(30a) In the case of audiovisual media service providers under the jurisdiction of EU Member States pursuant to Article 2 of Directive 2010/13/EU, a mechanism of accelerated cooperation and assistance shall be available to ensure that audiovisual media services suspended in certain Member States under Article 3(3) and 3(5) of Directive 2010/13/EU do not continue to be provided via satellite or other means in those Member States, in compliance with Union law. To guarantee the effectiveness of the relevant national measures, according to an opinion of the Board, a competent national authority or body could be invited by the opinion of the Board to undertake specific measures where the threats mentioned above are proven and are prejudicing or presenting a grave risk of prejudice for the several Member States or the Union. Risks to public security and defense need to be assessed with a view to all relevant factual and legal elements at national and European levels. This is without prejudice to the competence of the Union under Article 215 of the Treaty on the Functioning of the European Union.
2023/04/13
Committee: IMCO
Amendment 222 #

2022/0277(COD)

Proposal for a regulation
Recital 30 b (new)
(30b) To encourage the coherence of decisions and facilitate cooperation between national regulatory authorities or bodies, the Board should develop a set of fundamental requirements for the service provider and the service provided. The requirements shall be used by national regulatory authorities or bodies when a media service provider originating from outside of the Union seeks jurisdiction in one of the Member States or when it is already under the jurisdiction of a Member State. The requirements should, inter alia, cover content, ownership, economic and financial connections, editorial independence, or lack thereof from the third country state. They shall allow relevant authorities or bodies to identify and, if needed, prevent the entry into the EU market of media service providers which present a grave risk of prejudice to public security and defense, public health, or where their programs contain incitement to violence or hatred or public provocation to commit a terrorist offense.
2023/04/13
Committee: IMCO
Amendment 226 #

2022/0277(COD)

Proposal for a regulation
Recital 31
(31) Very large online platforms act for many users as a gateway for access to media services. Media service providers who exercise editorial responsibility over their content play an important role in the distribution of information and in the exercise of freedom of information online. When exercising such editorial responsibility, they are expected to act diligently and provide information that is trustworthy and respectful of fundamental rights, in line with the regulatory or self- regulatory requirements they are subject to in the Member States. Therefore, also in view of users’ freedom of information, where providers of very large online platforms consider that content provided by such media service providers is incompatible with their terms and conditions, while it is not contributing to a systemic risk referred to in Article 26 of Regulation (EU) 2022/XXX [the Digital Services Act], they should duly consider freedom and pluralism of media, in accordance with Regulation (EU) 2022/XXX [the Digital Services Act] and provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council54 . To minimise the impact of any restriction to that content on users’ freedom of information, very large online platforms should endeavour to submit the statement of reasons prior to the restriction taking effect without prejudice to their obligations under Regulation (EU) 2022/XXX2065 [the Digital Services Act] and grant the affected media service a right to reply to this statement of reasons prior to the suspension or restriction taking effect. In particular, this Regulation should not prevent a provider of a very large online platform to take expeditious measures either against illegal content disseminated through its service, or in order to mitigate systemic risks posed by dissemination of certain content through its service, in compliance with Union law, in particular pursuant to Regulation (EU) 2022/XXX 2065[the Digital Services Act]. __________________ 54 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57-79).
2023/04/13
Committee: IMCO
Amendment 230 #

2022/0277(COD)

Proposal for a regulation
Recital 31 a (new)
(31a) Very large online platforms shall be responsible for the content that media service providers from outside the EU publish on their platforms, targeting audiences in Member States. The responsibility of very large online platforms includes determining whether such media services prejudice or present a grave risk of prejudice to public security and defence. To that end, the platforms shall take all necessary technical and organisational measures to prevent such content from being disseminated on their platforms, in compliance with Union law, in particular according to Regulation (EU) 2022/2065. In coordination with national regulatory authorities or bodies, the Board may issue opinions on appropriate measures to address such risks, and the platforms shall consider such opinions. In addition, the platforms shall provide, as early as possible, the necessary explanations to media service providers as their business users in the statement of reasons under Regulation (EU) 2019/1150 of the European Parliament and of the Council, in case their content is restricted or suspended on the platforms. The platforms shall also endeavor to submit the statement of reasons prior to the restriction or suspension taking effect, without prejudice to their obligations under Regulation (EU) 2022/2065, to minimize the impact of any restriction on users’ freedom of information.
2023/04/13
Committee: IMCO
Amendment 232 #

2022/0277(COD)

Proposal for a regulation
Recital 33
(33) To this end, providers of very large online platforms should provide a functionality on their online interface to enable media service providers to declare that they meet certain requirements, while at the same time retaining the possibility not to accept such self-declaration where they consider that these conditions are not met. Providers of very large online platforms may rely on information regarding adherence to these requirements, such asshall verify the declarations submitted, notably regarding adherence to the requirements as mentioned above, with the supervising or monitoring entity. For audiovisual media services, the supervisory authority shall be the national authority or body in charge of media regulation pursuant to Article 30 of Directive 2010/13/EU. For other media outlets, the verification could be done with a press council, where relevant, or through the consultation of the machine- readable standard of the Journalism Trust Initiative or other relevant codes of conduct. Guidelines by the Commission may be useful to facilitate an effective implementation of such functionality, including on modalities of involvement of relevant civil society organisations in the review of the declarations, on consultation of the regulator of the country of establishment, where relevant, and address any potential abuse of the functionality.
2023/04/13
Committee: IMCO
Amendment 240 #

2022/0277(COD)

Proposal for a regulation
Recital 36 b (new)
(36b) In collaboration with national regulatory agencies or bodies, the Board should issue an annual report on media freedom in each Member State. The report must include a transparency index and other criteria deemed necessary to assess the state of media freedom, such as the independence of media outlets, the level of media pluralism, journalists' access to information, journalists' safety, the level of media ownership concentration, the effectiveness of media self-regulation, public trust in the media, the existence of public funding for media, and the level of media literacy among the general public. The report should also include suggestions for each Member State based on the study cases chosen in consultation with national regulatory authorities or bodies to improve cooperation among national regulatory authorities or bodies and promote media freedom and plurality in the Union. The Commission should consider the report and suggestions when reviewing systematic and emergent concerns across the Union under Regulation (EU) 2022/2065, and may request Board cooperation in this regard.
2023/04/13
Committee: IMCO
Amendment 251 #

2022/0277(COD)

Proposal for a regulation
Recital 40
(40) Media play a decisive role in shaping public opinion and helping citizens participate in democratic processes. This is why Member States should provide for rules and procedures in their legal systems to ensure assessment of media market concentrations that could have a significant impact on media pluralism or editorial independence. Such rules should take into account sectoral specificities, including the economic sustainability of the sector as a whole. Such rules and procedures can have an impact on the freedom to provide media services in the internal market and need to be properly framed and be transparent, objective, proportionate and non-discriminatory. Media market concentrations subject to such rules should be understood as covering those which could result in a single entity controlling or having significant interests in media services which have substantial influence on the formation of public opinion or very large online platforms carrying content provided by media service providers and very large online search engines which control access and visibility to the content of media service providers, in a given media market, within a media sub- sector or across different media sectors in one or more Member States. An important criterion to be taken into account is the reduction of competing views within that market as a result of the concentration.
2023/04/13
Committee: IMCO
Amendment 258 #

2022/0277(COD)

Proposal for a regulation
Recital 44
(44) With a view to ensuring pluralistic media markets, the national authorities or bodies and the Board should take account of a set of criteria. In particular, impact on media pluralism should be considered, including notably the effect on the formation of public opinion, taking into account of the online environment. Concurrently, it should be considered whether other media outlets, providing different and alternative content, would still coexist in the given market(s) after the media market concentration in question. Assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner, management or governance structure in the individual editorial decisions of the acquired or merged entity. The existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the media undertakings involved should also be taken into account. In assessing the potential impacts, the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether, in the absence of the concentration, they would be economically sustainable, in the sense that they would be able in the medium term to continue to provide and further develop financially viable, adequately resourced and technologically adapted quality media services in the market. Consideration should also be given to whether concentration would stimulate investments for a vital media market.
2023/04/13
Committee: IMCO
Amendment 267 #

2022/0277(COD)

Proposal for a regulation
Recital 46
(46) In order to enhance the verifiability and reliability of audience measurement methodologies, in particular online, transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. Under these obligations, such actors, when requested and to the extent possible, should provide advertisers and media service providers or parties acting on their behalf, with information describing the methodologies employed for the measurement of the audience. Such information could consist in providing elements, such as the size of the sample measured, the definition of the indicators that are measured, the metrics, the measurement methods and the margin of error as well as the measurement period and the coverage of measurement. The obligations imposed under this Regulation are without prejudice to any obligations that apply to providers of audience measurement services under Regulation 2019/1150 or Regulation (EU) 2022/XX [Digital Markets Act]1925, including those concerning ranking or self- preferencing.
2023/04/13
Committee: IMCO
Amendment 268 #

2022/0277(COD)

Proposal for a regulation
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems or by organisations or associations representing them, cantogether with media service providers, their representative organisations and any other interested parties contribute to the effective application of this Regulation and should, therefore, be encouraged. Self- regulation has already been used to foster high quality standards in the area of audience measurement. Its further development could be seen as an effective tool for the industry with the support of national regulatory authorities or bodies to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service providers and independent third-party audience measurement providers, account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.
2023/04/13
Committee: IMCO
Amendment 270 #

2022/0277(COD)

Proposal for a regulation
Recital 47
(47) Codes of conduct, drawn up either by the providers of audience measurement systems or by organisations or associations representing them, can contribute to the effective application of this Regulation and should, therefore, be encouraged. Self- regulation has already been used to foster high quality standards in the area of audience measurement. Its further development could be seen as an effective tool for the industry to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency, impartiality, inclusiveness, proportionality, non- discrimination, comparability and verifiability. When drawing up such codes of conduct, in consultation with all relevant stakeholders and notably media service providers and independent third-party audience measurement providers, account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.
2023/04/13
Committee: IMCO
Amendment 275 #

2022/0277(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down common rules for the proper functioning of the internal market for media services, including the establishment of the European Board for Media Services, while preserving the quality of media services and ensuring the cultural and linguistic diversity and a high level of consumer protection.
2023/04/13
Committee: IMCO
Amendment 277 #

2022/0277(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a a (new)
(aa) Directive 2001/29/EC;
2023/04/13
Committee: IMCO
Amendment 286 #

2022/0277(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. This Regulation shall not affect the possibility for Member States to adopt more detailed rules in the fields covered by Chapter II and, Section 5 of Chapter III and Article 24, provided that those rules comply with Union law.
2023/04/13
Committee: IMCO
Amendment 296 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
(2) ‘media service provider’ means a natural or legal person whose professional activity is to provide a media service and who has editorial responsibility for the cho; such as press publications within the meaning of Article of the content of the media service and determines2(4) of Directive (EU) 2019/790, and audiovisual media services within the meanner in which it is organised;ing of Article 1(1) point (a) of Directive 2010/13/EU.
2023/04/13
Committee: IMCO
Amendment 310 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 12
(12) ‘national regulatory authority or body’ means theany authority or body designated by Member States pursuant to Article 30 of Directive 2010/13/EU;
2023/04/13
Committee: IMCO
Amendment 312 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13
(13) ‘media market concentration significantly impacting media pluralism’ means a concentration as defined in Article 3 of Regulation (EC) No 139/2004 involving at least one media service provider;, one provider of very large online platform or one provider of very large online search engine, and which has a significant impact on the structure of the media market.
2023/04/13
Committee: IMCO
Amendment 319 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 14
(14) ‘audience measurement’ means the activity of collecting, interpreting orand otherwise processing data about the number and characteristics of users of media services and users of online platforms, to determine the audience size, reach and frequency for the purposes of decisions regarding advertising allocation or prices or the relatedbuying, planning, productionselling or distribution of content;
2023/04/13
Committee: IMCO
Amendment 344 #

2022/0277(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Public service media providers shall provide independently in an impartial manner a plurality of information and opinions to their audiences, in accordance with their public service mission.
2023/04/13
Committee: IMCO
Amendment 385 #

2022/0277(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EUas defined in Article 2(12) shall be responsible for the application of Chapter III of this Regulation.
2023/04/13
Committee: IMCO
Amendment 391 #

2022/0277(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Those powers shall include in particular the power to request such persons to provide, within a reasonable time period, information and data that is proportionate and necessary for carrying out the tasks under Chapter III; the request can also be addressed to any other person that, for purposes related to their trade, business or profession, may reasonably be in possession of the information needed.
2023/04/13
Committee: IMCO
Amendment 396 #

2022/0277(COD)

Proposal for a regulation
Article 9 – paragraph 1
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, national or European institution, person or body. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in conformity with this Regulation.
2023/04/13
Committee: IMCO
Amendment 399 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Board shall be composed of representatives of national regulatory authorities or bodies referred to in Article 30 of Directive 2010/13/EUas defined in Article 2(12).
2023/04/13
Committee: IMCO
Amendment 406 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. The Commission shall designate a representative to the Board. The representative of the Commission shall participate in all activities and meetings of the Board, without voting rights. The Chair of the Board shall keep the Commission informed about the ongoing and planned activities of the Board. The Board shall consultseek the views of the Commission in preparation of its work programme and main deliverables. The Board may seek the views of other interested parties.
2023/04/13
Committee: IMCO
Amendment 412 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 6
6. The Board, ion agreement with the Commission case-by-case basis, may invite experts and observers to attend its meetings.
2023/04/13
Committee: IMCO
Amendment 418 #

2022/0277(COD)

Proposal for a regulation
Article 10 – paragraph 8
8. The Board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights, in agreement with the Commission.
2023/04/13
Committee: IMCO
Amendment 433 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Without prejudice to the powers granted to the Commission by the Treaties, the Board shall promote the effective and consistent application of this Regulation and of national rulmeasures implementing Directive 2010/13/EU throughout the Union. The Board shall:
2023/04/13
Committee: IMCO
Amendment 439 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point c
(c) advise the Commission, on its own initiative or where requested by it, on regulatorythe Commission, technical or practical aspects pertinent to the consistent application of this Regulation and implementation of Directive 2010/13/EU as well as all on other matters related to media services within its competence. Where the Commission requests advice or opinions from the Board, it may indicate a time limit, taking into account the urgency of the matter;
2023/04/13
Committee: IMCO
Amendment 440 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point d
(d) on its own initiative, or when requested by the Commission, provide opinions on the technical and factual issues that arise with regard to Article 2(5c), Article 3(2) and (3), Article 4(4), point (c) and Article 28a(7) of Directive 2010/13/EU;
2023/04/13
Committee: IMCO
Amendment 447 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point e – introductory part
(e) in agreement with the Commission, draw up opinions with respect to:
2023/04/13
Committee: IMCO
Amendment 452 #

2022/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point f – introductory part
(f) on its own initiative or upon request of the Commission, draw up opinions with respect to:
2023/04/13
Committee: IMCO
Amendment 475 #

2022/0277(COD)

Proposal for a regulation
Article 13 – paragraph 7
7. Where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request, it shall inform the requested authority without undue delay, explaining the reasons for its position. If the requested authority does not agree with that position, or if the requested authority’s reaction is missing, either authority may refer the matter to the Board. Within 14 calendar days from the receipt of that referral, the Board shall issue, in agreementconsultation with the Commission, where deemed relevant, an opinion on the matter, including recommended actions. The requested authority shall do its outmost to take into account the opinion of the Board.
2023/04/13
Committee: IMCO
Amendment 482 #

2022/0277(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. If no amicable solution has been found following mediation by the Board, the requesting national authority or body or the requested national authority or body may request the Board to issue an opinion on the matter. In its opinion the Board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. If the Board considers that the requested authority has not complied with such a request, the Board shall recommend actions to comply with the request. The Board shall issue its opinion, in agreementconsultation with the Commission, where deemed relevant, without undue delay.
2023/04/13
Committee: IMCO
Amendment 489 #

2022/0277(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b
(b) making information accessible on the ownership structure of media service providers, as provided under Article 5(2) of Directive 2010/13/EU, as well as their subsidiaries, sister companies and parent companies.
2023/04/13
Committee: IMCO
Amendment 491 #

2022/0277(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. TAssisted by the Board, the Commission may issue an opinion on any matter related to the application of this Regulation and of the national rules implementing Directive 2010/13/EU. The Board shall assist the Commission in this regard, where requested.
2023/04/13
Committee: IMCO
Amendment 495 #

2022/0277(COD)

Proposal for a regulation
Article 15 – paragraph 4 a (new)
4a. The Board shall assess the state of media freedom in each Member State and issue an annual report. The Board shall consult with relevant stakeholders, including media organizations and civil society groups, to develop the criteria necessary for the report, such as the state of the independence of media outlets, the level of media pluralism, journalists' access to information, journalists' safety, the level of media ownership concentration, the effectiveness of media self-regulation, public trust in the media, the existence of public funding for media, and the level of media literacy among the general public. The transparency index and other criteria should reflect the concerns and priorities of these stakeholders and be reviewed annually to ensure they remain relevant and effective in promoting media freedom and plurality.
2023/04/13
Committee: IMCO
Amendment 496 #

2022/0277(COD)

Proposal for a regulation
Article 15 – paragraph 4 b (new)
4b. National regulatory agencies or bodies shall provide the Board with relevant data and information necessary to compile the annual report on media freedom in their respective Member States. This information should be delivered promptly and in a format compatible with the Board's reporting requirements.
2023/04/13
Committee: IMCO
Amendment 497 #

2022/0277(COD)

Proposal for a regulation
Article 16 – title
Coordination of measures concerning media service providers established or media services originating outside the Union
2023/04/13
Committee: IMCO
Amendment 499 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Board shallWithout prejudice to Article 3 of Directive 2010/13/EU, the Board shall, upon request of the national regulatory authorities or bodies from at least two Member States, coordinate relevant measures by the national regulatory authorities or bodies concerned, related to the dissemination of or access by any technical means to media services provided by media service providers established outside of the Union that target audiences in the Union or media services originating from outside the Union but distributed by providers established in the Union where, inter alia in view of the control that may be exercised by third countries over them, such media services prejudice or present a serious and grave risk of prejudice to public security and defence, or public health, or where their programs include incitement to violence, hatred or public provocation to commit a terrorist offence.
2023/04/13
Committee: IMCO
Amendment 505 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Board, in agreementconsultation with the Commission, may issue opinions on appropriate national measures under paragraph 1. AllWithout prejudice to their powers under national law, the competent national authorities concerned, including the national regulatory authorities or bodies, shall do their utmost to take into account the opinions of the Board.
2023/04/13
Committee: IMCO
Amendment 510 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 a (new)
2a. Member States shall ensure that when relevant, national regulatory authorities or bodies, when deciding to take action against a media service provider originating from outside of the Union, have a legal basis to take into account at least one of the following conditions: (i) a decision taken against that provider by a national regulatory authority or body from another Member State (ii) an opinion of the Board relating to that provider and taken on the grounds of this article
2023/04/13
Committee: IMCO
Amendment 513 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 b (new)
2b. Very large online platforms shall find a solution to monitor and assess media services published by providers from outside the EU and targeting audiences in the Member States. They shall find the necessary expertise and resources to identify and evaluate content that may present a risk to public security and defence and shall work in close coordination with national regulatory authorities or bodies and the Board to ensure that such content does not pose a threat to the safety and well-being of EU citizens.
2023/04/13
Committee: IMCO
Amendment 515 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 c (new)
2c. The platforms shall regularly review and update their technical and organisational measures to prevent such content from being disseminated on their platforms in compliance with the EU legislation and the requirements of Regulation (EU) 2022/2065. These measures should be designed to be effective, proportionate, and transparent.
2023/04/13
Committee: IMCO
Amendment 516 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 d (new)
2d. The platforms shall establish a transparent and accountable process for reporting on their compliance with the Regulation, including the measures taken to prevent the dissemination of content coming from media service providers from outside the EU, that may present a risk to public security and defence. These reports shall be made publicly available on the platforms' websites and shall include the following: (i) Information on the number of media services assessed; (ii) The number of content items restricted or suspended; (iii) The reasons for such restrictions or suspensions. The reports shall also include information on the measures taken to ensure compliance with the Regulation, including any changes to the technical or organizational measures used to prevent the dissemination of such content.
2023/04/13
Committee: IMCO
Amendment 517 #

2022/0277(COD)

Proposal for a regulation
Article 16 – paragraph 2 e (new)
2e. The platforms shall cooperate fully with any investigations or inquiries conducted by regulatory authorities or bodies on media service providers from outside the EU, that may present a risk to public security and defence, and shall provide all required information and data to support such investigations or inquiries.
2023/04/13
Committee: IMCO
Amendment 533 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(ca) it is subject to the supervision of an independent national regulatory authority or body and/or to a self- or co- regulatory mechanism, of which name and contact details shall be stated. The provider of the very large online platform shall ask the respective supervising or monitoring entity to confirm the information given by the declarant. The declaration of a media service provider shall only be deemed valid if the supervising or monitoring entities exist and can confirm the declarant's adherence to the regulations and/or codes of practice.
2023/04/13
Committee: IMCO
Amendment 540 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to restrict or suspend the provision of its online intermediation services in relation to content or services provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content or services is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act], it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act], to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspen2065, it shall communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150 and Article 17(3) of Regulation (EU) 2022/2065, and provide the media service provider with an opportunity to reply to the statement of reasons prior to the suspension or restriction taking effect. If the provider of a very large online platform subsequently decides to suspend or restrict content or services, it shall give detailed reasons in writing why it rejects the media service provider’s objections at the time the decision takinges effect.
2023/04/13
Committee: IMCO
Amendment 559 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. Where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content or services provided by the media service provider without sufficient grounds, the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider, upon its request, in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. The media service provider may notify the outcome of such exchanges to the Board. If no amicable solution is found, the media service provider may lodge a complaint before a certified out-of-court dispute settlement body in accordance with Article 21 of Regulation 2022/2065 without prejudice and in addition to its right to effective judicial protection.
2023/04/13
Committee: IMCO
Amendment 571 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 5 – point a
(a) the number of instances where they imposed any restriction or suspension on the grounds that the content or service provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this Article is incompatible with their terms and conditions; and
2023/04/13
Committee: IMCO
Amendment 580 #

2022/0277(COD)

Proposal for a regulation
Article 18 – paragraph 2
2. The Board shall report on the results of the dialogue to the Commission. The Commission shall take this report into account for its assessment of the compliance of the very large online platforms with their obligations relating to systemic risks mitigation pursuant to Article 35 of Regulation (EU) 2022/2065.
2023/04/13
Committee: IMCO
Amendment 601 #

2022/0277(COD)

Proposal for a regulation
Article 21 – title
Assessment of media market concentrations significantly impacting media pluralism
2023/04/13
Committee: IMCO
Amendment 606 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Member States shall provide, in their national legal systems, substantive and procedural rules which ensure an assessment of media market concentrations that could have a significantly impact oning media pluralism and editorial independence. These rules shall:
2023/04/13
Committee: IMCO
Amendment 612 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – point d a (new)
(da) take into account the media market in its entirety, including the online environment and very large online platforms.
2023/04/13
Committee: IMCO
Amendment 619 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point a
(a) the impact of the concentration on media pluralism, including a risk assessment to identify any systemic risks to media freedom and pluralism in the particular Member State, and its effects on the formation of public opinion and on the diversity of media players on the market, taking into account the online environment and the parties’ interests, links or activities in other media or non- media businesses;
2023/04/13
Committee: IMCO
Amendment 625 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point b
(b) the safeguards for editorial independence, including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions, in line with national media laws and self-regulation;
2023/04/13
Committee: IMCO
Amendment 631 #

2022/0277(COD)

Proposal for a regulation
Article 21 – paragraph 2 – point c
(c) whether, in the absence of the concentration, the acquiring and acquired entity would remain economically sustainable, and whether there are any possible alternatives to ensure its economic sustainability concentration would stimulate investments.
2023/04/13
Committee: IMCO
Amendment 643 #

2022/0277(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. In the absence of an assessment or a consultation pursuant to Article 21, the Board, on its own initiative or upon request of the Commission, shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence, where a media market concentration is likely to affect the functioning of the internal market for media services. The Board shall base its opinion on the elements set out in Article 21(2) and its risk assessment concerning systemic risks to media freedom and media pluralism in the particular Member State. The Board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the Commission.
2023/04/13
Committee: IMCO
Amendment 650 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. Audience measurement systems and methodologies shall comply with principles of transparency, impartiality, comparability, inclusiveness, proportionality, non- discrimination and verifiability.
2023/04/13
Committee: IMCO
Amendment 651 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 1 a (new)
1a. Undertakings that draw revenues from advertising on the media market must delegate the measurement of audiences to independent third parties to ensure neutrality for advertising related transactions. The aggregate audience reports produced by independent third parties shall be made available upon request to relevant market operators and public authorities subject to appropriate compensation and in accordance with competition rules.
2023/04/13
Committee: IMCO
Amendment 655 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. Without prejudice to the protection 2. of undertakings’ business secrets and intellectual property rights, providers of proprietary audience measurement systems developed without market governance or outside of industry standards agreed by the relevant self-regulatory bodies shall provide, without undue delay and free of costs, to media service providers and advertisers, right holders, as well as to third parties authorised by media service providers and advertisers, accurate, detailed, comprehensive, intelligible and up-to-date information on the methodology used and the data collected by their audience measurement systems. The information must be as granular as the information on methodologies published by self-regulatory bodies that govern the agreed industry standards on audience measurement. The methodology and its application shall be audited at least once a year by an independent body. This provision shall not affect the Union’s data protection and privacy rules.
2023/04/13
Committee: IMCO
Amendment 663 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by providers of audience measurement systems, including online platforms, together with media service providers, their representative organisations and any other interested parties, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits.
2023/04/13
Committee: IMCO
Amendment 664 #

2022/0277(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. National regulatory authorities or bodies shall encourage the drawing up of codes of conduct by pProviders of audience measurement systems, including online platforms, together with media service providers, their representative organisations and any other interested parties, shall draw up codes of conduct, with the support of national regulatory authorities or bodies, that are intended to contribute to compliance with the principles referred to in paragraph 1, including by promoting independent and transparent audits.
2023/04/13
Committee: IMCO
Amendment 675 #

2022/0277(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. Public funds or any other consideration or advantage granted by public authorities to media service providers and online platforms for the purposes of advertising shall be awarded according to transparent, objective, proportionate and non- discriminatory criteria and through open, proportionate and non-discriminatory procedures. This Article shall not affect public procurement rules.
2023/04/13
Committee: IMCO
Amendment 699 #

2022/0277(COD)

Proposal for a regulation
Article 24 a (new)
Article 24a Allocation of public funding from third countries Any media service provider or online platform which receives public funds or any other consideration or advantage for the purposes of advertising from third- countries shall annually submit a report to the national regulatory authority or body which shall include at least the following details: (a) the legal names of the entities granting public funds or other consideration or advantage; (b) the total annual amount of the public funds granted by each such entity; (c) a description and estimated value of each public funding or any other consideration or advantage. The information reported according to this paragraph shall be made publicly available.
2023/04/13
Committee: IMCO
Amendment 66 #

2022/0272(COD)

Proposal for a regulation
Recital 10
(10) IResearch by the Commission shows that Open Source software contributes between €65 billion to €95billion to the Union’s GDP, and provides significant growth opportunities for the Union economy. Therefore, in order not to hamper innovation or research, freeware and open-source software developed or supplied outside the course of a commercial activity should not be covered by this Regulation. This is in particular the case for software, including its source code and modified versions, that is openly shared and freely accessible, usable, modifiable and redistributable. In the context of software, a commercial activity might be characterized not only by charging a price for a product, but also by charging a price for technical support services, by providing a software platform throughe core functionality of which relies on other services which the manufacturer monetises other services, or by the use of personal data for reasons other than exclusively for improving the security, compatibility or interoperability of the software.
2023/04/28
Committee: IMCO
Amendment 67 #

2022/0272(COD)

Proposal for a regulation
Recital 10 a (new)
(10 a) Due to the permissive nature of open-source licences, open-source software can be used as a component in products without need for the consent or knowledge of the original author, allowing for manufacturers to build new products and services quickly, however open-source software developers are not compensated for this use and often work on the software in their free time. Therefore, when a manufacturer uses open-source software as a component in a product, they should be subject to the obligations of manufacturers for that component, unless otherwise agreed through the provision of commercial technical support either by the developer or a third-party.
2023/04/28
Committee: IMCO
Amendment 69 #

2022/0272(COD)

Proposal for a regulation
Recital 10 b (new)
(10 b) Public open-source code and software repositories allow developers to access a wide range of resources for software development, and allow for developers to share their code with the wider open-source community. These repositories operate as a public good, and therefore should not be considered as providers, manufacturers, importers or distributors, nor should their activity be considered as commercial within the meaning of this Regulation.
2023/04/28
Committee: IMCO
Amendment 76 #

2022/0272(COD)

Proposal for a regulation
Recital 20
(20) Products with digital elements should bear the CE marking to visibly, legibly and indelibly indicate their conformity with this Regulation so that they can move freely within the internal market. Member States should not create unjustified obstacles to the placing on the market of products with digital elements that comply with the requirements laid down in this Regulation and bear the CE marking.
2023/04/28
Committee: IMCO
Amendment 120 #

2022/0272(COD)

Proposal for a regulation
Article 2 – paragraph 5 a (new)
5 a. This Regulation does not apply to freeware and open-source software unless: (a) the developer or a third-party has agreed to the provision of technical support services, either with a user, or with a manufacturer who wishes to use the software as a component in their own products. (b) the software is provided in the course of commercial activity, either by: (i) charging a price for a product; (ii) providing a software platform reliant on other services which the manufacturer monetises; (iii) using personal data generated by the software for reasons other than exclusively for improving the security, compatibility or interoperability of the software.
2023/04/28
Committee: IMCO
Amendment 129 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)
(6 a) 'freeware' means proprietary software that is provided at no cost to the user, but cannot be distributed, studied, changed, improved, integrated into other products or provided as a service without the consent of the author;
2023/04/28
Committee: IMCO
Amendment 130 #

2022/0272(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 6 b (new)
(6 b) ‘ open-source software’ means software distributed under a licence which allow users to run, copy, distribute, study, change and improve it freely, as well as to integrate it as a component in other products, provide it as a service, or provide commercial support for it;
2023/04/28
Committee: IMCO
Amendment 192 #

2022/0272(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The manufacturer shall, without undue delay and in any event within 24 hours of becoming aware of it, notify to ENISA any actively exploited vulnerability contained in the product with digital elements. The notification shall include details concerning that vulnerability and, where applicable, any corrective or mitigating measures taken. ENISA shall, without undue delay, unless for justified cybersecurity risk-related grounds, forward the notification to the CSIRT designated for the purposes of coordinated vulnerability disclosure in accordance with Article [Article X] of Directive [Directive XXX/XXXX (NIS2)] of Member States concerned upon receipt and immediately inform the market surveillance authority about the notified vulnerability. Where a notified vulnerability has no corrective or mitigating measures available, ENISA shall ensure that information about the notified vulnerability is shared in line with strict security protocols and on a need-to-know-basis.
2023/04/28
Committee: IMCO
Amendment 224 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 1
1. The CE marking shall be affixed visibly, legibly and indelibly to the product with digital elements. Where that is not possible or not warranted on account of the nature of the product with digital elements, it shall be affixed to the packaging and to the EU declaration of conformity referred to in Article 20 accompanying the product with digital elements. For products with digital elements which are in the form of software, the CE marking shall be affixed either to the EU declaration of conformity referred to in Article 20 or on the website accompanying the software product. In the latter case, the relevant section of the website shall be easily and directly accessible to consumers.
2023/04/28
Committee: IMCO
Amendment 225 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. The CE marking shall be affixed before the product with digital elements is placed on the market. It may be followed by a pictogram or any other mark indicating to consumers a special risk or use set out in implementing acts referred to in paragraph 6.
2023/04/28
Committee: IMCO
Amendment 226 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. Member States shall build upon existing mechanisms to ensure correct and harmonised application of the regime governing the CE marking and shall take appropriate and coordinated action in the event of improper use of that marking. Where the product with digital elements is subject to other Union legislation which also provides for the affixing of the CE marking, the CE marking shall indicate that the product also fulfils the requirements of that other legislation.
2023/04/28
Committee: IMCO
Amendment 227 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 6
6. The Commission may, by means of implementingdelegated acts, lay down technical specifications for labelling schemes, including harmonised labels, pictograms or any other marks related to the security of the products with digital elements, and mechanisms to promote their use. Those implementing among businesses and consumers and to increase public awareness about security of products with digital elements. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 51(2)0.
2023/04/28
Committee: IMCO
Amendment 229 #

2022/0272(COD)

Proposal for a regulation
Article 22 – paragraph 6 a (new)
6 a. A partly completed product with digital elements shall not be marked with the CE marking under this Regulation without prejudice of marking provisions resulting from other applicable Union legislation.
2023/04/28
Committee: IMCO
Amendment 256 #

2022/0272(COD)

Proposal for a regulation
Article 41 – paragraph 3
3. Where relevant, the market surveillance authorities shall cooperate with the national cybersecurity certification authorities designated under Article 58 of Regulation (EU) 2019/881 and exchange information on a regular basis. With respect to the supervision of the implementation of the reporting obligations pursuant to Article 11 of this Regulation, the designated market surveillance authorities shall effectively cooperate with ENISA. The market surveillance authorities may request ENISA to provide technical advice on matters related to the implementation and enforcement of this Regulation, including during investigations in accordance with Article 43.
2023/04/28
Committee: IMCO
Amendment 259 #

2022/0272(COD)

Proposal for a regulation
Article 41 – paragraph 7
7. The Commission shall facilitate the regular and structured exchange of experience between designated market surveillance authorities, including via a dedicated administrative cooperation group (ADCO) established under paragraph 11 of this Article.
2023/04/28
Committee: IMCO
Amendment 261 #

2022/0272(COD)

Proposal for a regulation
Article 41 – paragraph 11
11. A dedicated administrative cooperation group (ADCO) shall be established for the uniform application of this Regulation, pursuant to Article 30(2) of Regulation (EU) 2019/1020. This ADCOto facilitate structured cooperation in relation to the implementation of this Regulation and to streamline the practices of market surveillance authorities within the Union, pursuant to Article 30(2) of Regulation (EU) 2019/1020. This ADCO shall have, in particular, the tasks referred to in Article 32(2) of Regulation (EU) 2019/1020 and shall be composed of representatives of the designated market surveillance authorities, ENISA and, if appropriate, representatives of single liaison offices. The ADCO shall meet at regular intervals and, where necessary, at the duly justified request of the Commission or ENISA or a Member State and shall coordinate its action with other existing Union activities related to market surveillance and consumer safety and, where relevant, shall cooperate and exchange information with other Union networks, groups and bodies. The ADCO may invite experts and other third parties, including consumer organisations, to attend its meetings.
2023/04/28
Committee: IMCO
Amendment 288 #

2022/0272(COD)

Proposal for a regulation
Article 49 a (new)
Article 49 a Provision of technical advice 1. The Commission shall appoint by way of an implementing act an expert group to provide technical advice to market surveillance authorities on matters related to the implementation and enforcement of this Regulation. The implementing act shall specify, inter alia, the details related to the composition of the group, its operation and the remuneration of its members. In particular, the expert group shall provide non-binding evaluations of products with digital elements upon request by a market surveillance authority that is conducting an investigation under Article 43 and of the list of critical products with digital elements set out in Annex II, as well as on the possible need to update that list. 2. The expert group shall consist of independent experts appointed for a renewable three-year term by the Commission on the basis of their scientific or technical expertise in the field. 3. The Commission shall appoint a number of experts which is deemed sufficient to fulfil the foreseen needs. 4. The Commission shall take the necessary measures to manage and prevent any conflicts of interest. The Declarations of interests of the members of the expert group shall be made publicly available. 5. The appointed experts shall perform their tasks with the highest level of professionalism, independence, impartiality and objectivity. 6. When adopting positions, views and reports, the expert group shall attempt to reach consensus. If consensus cannot be reached, decisions shall be taken by simple majority of the group members.
2023/04/28
Committee: IMCO
Amendment 294 #

2022/0272(COD)

Proposal for a regulation
Chapter VII a (new)
CHAPTER VIIa MEASURES IN SUPPORT OF INNOVATION: Article 53a Regulatory sandboxes 1. The Commission and ENISA, shall establish a European regulatory sandbox with voluntary participation of manufacturers of products with digital elements to: (a) provide for a controlled environment that facilitates the development, testing and validation of the design, development and production of products with digital elements, before their placement on the market or putting into service pursuant to a specific plan; (b) provide practical support to economic operators, including via guidelines and best practices to comply with the essential requirements set out in Annex I. (c) contribute to evidence-based regulatory learning.
2023/04/28
Committee: IMCO
Amendment 109 #

2022/0269(COD)

Proposal for a regulation
Recital 3
(3) The eradication of forced labour in all its forms, including state imposed forced labour, is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
2023/06/09
Committee: INTAIMCO
Amendment 117 #

2022/0269(COD)

Proposal for a regulation
Recital 6
(6) Union trade policy supports the fight against forced labour in both unilateral and bilateral trade relationships. The trade and sustainable development chapters of Union trade agreements contain a commitment to ratify and effectively implement the fundamental ILO Conventions, which include ILO Convention No. 29 and ILO Convention No. 105. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences couldan be withdrawn for serious and systematic violations of ILO Convention No. 29 and ILO Convention No. 105.
2023/06/09
Committee: INTAIMCO
Amendment 143 #

2022/0269(COD)

Proposal for a regulation
Recital 18
(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue thorough guidelines on due diligence in relation to forced labour, which should take into account also the size and economic resources of economic operators. In addition, the Commission should issue clear guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition. The guidelines should be publicly available at least 18 months before the date of application of this Regulation.
2023/06/09
Committee: INTAIMCO
Amendment 179 #

2022/0269(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) In order to ensure consistency in the actions and decisions by competent authorities, the Commission should issue clear guidelines for the competent authorities and coordinate their work.
2023/06/09
Committee: INTAIMCO
Amendment 209 #

2022/0269(COD)

Proposal for a regulation
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
2023/06/09
Committee: INTAIMCO
Amendment 224 #

2022/0269(COD)

Proposal for a regulation
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are recycled, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.
2023/06/09
Committee: INTAIMCO
Amendment 235 #

2022/0269(COD)

Proposal for a regulation
Recital 32
(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities, through a designated webportal at Union level, when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission.
2023/06/09
Committee: INTAIMCO
Amendment 244 #

2022/0269(COD)

Proposal for a regulation
Recital 34
(34) Decisions of the competent authorities establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The Commission and Member States shall ensure that the Customs authorities have sufficient resources to carry out these controls. The competent authorities should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32 and its general provisions on the control and supervisory powers of customs authorities. _________________ 32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).
2023/06/09
Committee: INTAIMCO
Amendment 248 #

2022/0269(COD)

Proposal for a regulation
Recital 35
(35) The information currently made available to customs authorities by economic operators includes only general information on the products but lacks information on the manufacturer or producer and product suppliers as well as specific information on products. In order for customs authorities to be able to identify products entering or leaving the Union market that may violate the Regulation and should accordingly be stopped at the EU external borders, economic operators should submit to customs authorities information allowing matching a decision of the competent authorities with the product concerned. This should include information on the manufacturer or producer and the product suppliers as well as any other information on the product itself. To this end, the Commission should be empowered to adopt delegated acts identifying the products for which such information should be provided using, amongst others, the database established under this Regulation as well as the information and decisions of the competent authorities encoded in the information and communication system set out in Article 34 of Regulation (EU) 2019/1020 (‘ICSMS’). Moreover, the Commission should be empowered to adopt, the implementing acts necessary to specify the details of the information to be made available to customs by the economic operators. This information should include the description, name or brand of the product, specific requirements under Union legislation for the identification of the product (such as a type, reference, model, batch or serial number affixed on the product, or provided on the packaging or in a document accompanying the product, or unique identifier of the digital product passport) as well as details on the manufacturer or producer and the product suppliers, including for each of them their name, trade name or registered trademark, their contact details, their unique identification number in the country they are established and, where available, their Economic Operators Registration and Identification (EORI) number. The review of the Union Customs Code will consider introducing in the customs legislation the information required to be made available to customs by the economic operators for the enforcement of this Regulation and more broadly to strengthen the transparency of the supply chain. The Commission should issue guidance and support to economic operators, especially SMEs, on how to collect the required information.
2023/06/09
Committee: INTAIMCO
Amendment 260 #

2022/0269(COD)

Proposal for a regulation
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, and if that is not possible, the product should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods.
2023/06/09
Committee: INTAIMCO
Amendment 264 #

2022/0269(COD)

Proposal for a regulation
Recital 39
(39) A uniform enforcement of the prohibition as regards products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst competent authorities, customs authorities and the Commission. This cooperation should be coordinated by the Commission.
2023/06/09
Committee: INTAIMCO
Amendment 279 #

2022/0269(COD)

Proposal for a regulation
Recital 44
(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission. That network should alsobe coordinated by the Commission and aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
2023/06/09
Committee: INTAIMCO
Amendment 353 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
2023/06/09
Committee: INTAIMCO
Amendment 513 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 4 – point c
(c) an order for the economic operators that have been subject to the investigation to recycle the products concerned or, when that is not possible, dispose of the respective products in accordance with national law consistent with Union law.
2023/06/15
Committee: INTAIMCO
Amendment 533 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 5 – point c
(c) that any product remaining with the economic operator concerned is recycled, or, where that is not possible, disposed of in accordance with national law consistent with Union law at the expense of the economic operator.
2023/06/15
Committee: INTAIMCO
Amendment 545 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 6
6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, the competent authorities shall withdraw their decision for the future and inform the economic operators. The economic operators shall also be removed from the database.
2023/06/15
Committee: INTAIMCO
Amendment 593 #

2022/0269(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point c
(c) any decision to prohibit placing and making available of the products on the market and their export, as well as to order the withdrawal of the products already placed or made available on the market and their recycling or disposal referred to in Article 6(4);
2023/06/09
Committee: INTAIMCO
Amendment 609 #

2022/0269(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. The Commission shall make available a dedicated, centralised webportal for submissions of information referred to in paragraph 1.
2023/06/09
Committee: INTAIMCO
Amendment 641 #

2022/0269(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 124 months after the entry into force of this Regulation.
2023/06/09
Committee: INTAIMCO
Amendment 650 #

2022/0269(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Member States shall designate one or more competent authorities responsible for carrying out the obligations set out in this Regulation. Designated Member State competent authorities shall be responsible for ensuring the effective and uniform implementation of this Regulation throughout the Union, coordinated by the Commission.
2023/06/09
Committee: INTAIMCO
Amendment 669 #

2022/0269(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from a competent authority of another Member State for information to verify any evidence provided by an economic operator shall provide that information withinas soon as possible and at the latest 15 working days from the date of receipt of the request.
2023/06/09
Committee: INTAIMCO
Amendment 680 #

2022/0269(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Customs authorities shall rely on the decisions communicated pursuant to paragraph 3 to identify products that may not comply with the prohibition laid down in Article 3. For that purpose, they shall carry out controls on products entering or leaving the Union market in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013. The Commission and Member States shall ensure that the Customs authorities have sufficient resources to carry out these controls.
2023/06/09
Committee: INTAIMCO
Amendment 711 #

2022/0269(COD)

Proposal for a regulation
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is recycled, or where that is not possible, disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
2023/06/09
Committee: INTAIMCO
Amendment 712 #

2022/0269(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, competent authorities and customs authorities shall cooperate closely and exchange risk-related information coordinated by the Commission.
2023/06/09
Committee: INTAIMCO
Amendment 725 #

2022/0269(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. The Commission shall develop an interconnection to enable the automated communication of decisions referred to in Article 15(3) from the information and communication system referred to in paragraph 1 to the environment referred to in paragraph 4. That interconnection shall start operating no later than two year12 months from the date of the adoption of the implementing act referred to in paragraph 7, point (b), in respect of that interconnection.
2023/06/09
Committee: INTAIMCO
Amendment 727 #

2022/0269(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. The Commission shall interconnect the national single window environments for customs with the information and communication system referred to in paragraph 1 to enable the exchange of requests and notifications between customs and competent authorities pursuant to Articles 17 to 20 of this Regulation. That interconnection shall be provided through [EU CSW-CERTEX pursuant to Regulation XX/20XX]40 within fourtwo years from the date of adoption of the implementing act referred to in paragraph 7(c). The exchanges referred to in paragraph 4 shall take place through that interconnection as soon as it is operational. _________________ 40 Established by the Regulation on the EU Single Window Environment for Customs (EU SWE-C).
2023/06/09
Committee: INTAIMCO
Amendment 730 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 182 months after the entry into force of this Regulation, which shall include the following:
2023/06/09
Committee: INTAIMCO
Amendment 760 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent. The Network shall be lead by the Commission.
2023/06/09
Committee: INTAIMCO
Amendment 767 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities.
2023/06/09
Committee: INTAIMCO
Amendment 785 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and prepare and participate in the meetings of the Network.
2023/06/09
Committee: INTAIMCO
Amendment 801 #

2022/0269(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriateshall cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
2023/06/09
Committee: INTAIMCO
Amendment 803 #

2022/0269(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries may result in the Union developing accompanying measures to support the efforts of companies, especially SMEs, and partner countries efforts and locally available capacities in tackling forced labour. and its root causes.
2023/06/09
Committee: INTAIMCO
Amendment 814 #

2022/0269(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. The Member StatesCommission shall lay down the rules on penalties applicable to non- compliance with a decision referred to in Article 6(4) and shall take all measures necessary to ensure that they are implemented in a harmonised way in accordance with national law.
2023/06/09
Committee: INTAIMCO
Amendment 22 #

2022/0219(COD)

Proposal for a regulation
Recital 16
(16) As the instrument aims to enhance the competitiveness and, efficiency and the independence of the Union’s defence industry, to benefit from the instrument, according to the legal basis, common procurement contracts will need to be placed with legal entities which are established in the Union or in associated countries and are not subject to control by non-associated third countries or by non- associated third- country entities. In that context, control should be understood to be the ability to exercise a decisive influence on a legal entity directly, or indirectly through one or more intermediate legal entities. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country.
2023/02/01
Committee: IMCO
Amendment 34 #

2022/0219(COD)

Proposal for a regulation
Recital 17
(17) In certain exceptional circumstances, it should be possible to derogate from the principle that contractors and subcontractors involved in a common procurement supported by the Instrument are not subject to control by non-associated third countries or non associated third- country entities. In that context, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non- associated third country entity may participate as contractor and subcontractor involved in the common procurement if strict conditions relating to the security and defence interests of the Union and its Member States, as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union (TEU), including in terms of strengthening the European Defence Technological and Industrial Base, are fulfilled.
2023/02/01
Committee: IMCO
Amendment 46 #

2022/0219(COD)

Proposal for a regulation
Recital 22
(22) Member States should appoint a procurement agent to conduct a common procurement on their behalf. The procurement agent should be a contracting authority established in a Member State or an associated third country, including Union bodies or international organisations, such as the Organisation Conjointe de Coopération en matière d'ARmement (OCCAR). The instrument should be without prejudice to the rules laid down in particular by the Directive 2009/81/EC on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security. Additional eligibility requirements as set out in article 8 in this regulation should be part of the tender documents and prevail over conflicting laws of the Member State in which the procurement agent is established.
2023/02/01
Committee: IMCO
Amendment 87 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 8
8. The infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country. Where no competitive substitutesthere are no readily available substitutes in the Union or in an associated third country, contractors and subcontractors involved in the common procurement may use their assets, infrastructure, facilities and resources located or held outside the territory of the Member States or of the associated third countries provided that such use does not contravene the security and defence interests of the Union and its Member States and is consistent with the objectives set out in Article 3.
2023/02/01
Committee: IMCO
Amendment 96 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 9
9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction to use, maintain, modify or transfer it by a non- associated third country or a non- associated third country entity.
2023/02/01
Committee: IMCO
Amendment 100 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 9 a (new)
9 a. In regard of the urgency of the situation, a defence product subject to a restriction to transfer by a non-associated third country or a non-associated third country entity may be declared eligible by the Commission where the Member States or associated countries participating in the common procurement have demonstrated that this derogation only concerns defence products being in use prior to 24 February 2022 within the Armed Forces of all Member States or associated countries participating in the common procurement.
2023/02/01
Committee: IMCO
Amendment 106 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 10 – point b
(b) other subcontractors to which at least 105 % of the work share is allocated;
2023/02/01
Committee: IMCO
Amendment 110 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 10 a (new)
10 a. The proportion of the equipment originating from non-associated third countries shall not exceed 25% of the value of the end product. No components shall be sourced from non-associated third countries that contravene the security and defence interests of the Union and its Member States, including respect for the principle of good neighbourly relations.
2023/02/01
Committee: IMCO
Amendment 137 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)
7 a. The interplay of the action within the framework of the European Defence Fund.
2023/02/01
Committee: IMCO
Amendment 140 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 7 b (new)
7 b. The contribution of the action to diversifying the supply chain by involving SMEs and mid-capitalisation companies in the manufacturing process in the manufacturing process.
2023/02/01
Committee: IMCO
Amendment 292 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)
- Functionalities enabling scanning for known child sexual abuse material on upload;
2023/03/09
Committee: IMCO
Amendment 294 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 b (new)
- Functionalities preventing uploads from the dark web;
2023/03/09
Committee: IMCO
Amendment 315 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 3 a (new)
3 a. Providers of hosting services and providers of interpersonal communication services shall put forward specific age assurance verification systems that meet the following criteria: (a) effectively protect the privacy of users and do not disclose data gathered for the purposes of age assurance for any other purpose (b) do not collect data that is not strictly necessary for the purposes of age assurance; (c) be proportionate to the risks associated to the product or service that presents a risk of misuse of child sexual abuse; (d) provide appropriate remedies and redress mechanisms for users whose age is wrongly identified.
2023/03/09
Committee: IMCO
Amendment 323 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. Providers of hosting services and providers of interpersonal communications services shall take reasonable mitigation measures, tailored to the risk identified pursuant to Article 3, to minimise that risk. Such measures shall include, but need not to be limited to, some or all of the following:
2023/03/09
Committee: IMCO
Amendment 337 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 (new)
If the risk assessment conducted or updated in accordance with Article 3 identifies that there is a risk of use of the service being used to disseminate, store or make available known child sexual abuse material, reasonable mitigation measures may include measures to detect and remove such material.
2023/03/09
Committee: IMCO
Amendment 346 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
(d a) Providers of hosting services and providers of interpersonal communications services are encouraged to put in place voluntary measures to detect and report online child sexual abuse for those services that have proven to pose a risk of misuse for child sexual abuse, or in cases there is an imminent risk of misue for child sexual abuse, including for the purpose of the solicitation of children;
2023/03/09
Committee: IMCO
Amendment 373 #

2022/0155(COD)

Proposal for a regulation
Article 5 – paragraph 6 a (new)
6 a. Providers of hosting services and providers of interpersonal communications services that qualify as micro (or small) enterprises within the meaning of Article 3 of Directive 2013/34/EU shall transmit a simplified version of the report under paragraph 1 of this Article.
2023/03/09
Committee: IMCO
Amendment 425 #

2022/0155(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b a (new)
(b a) The voluntary measures applied as mitigating measures have not proven successful in preventing the misuse of the service for child sexual abuse.
2023/03/09
Committee: IMCO
Amendment 452 #

2022/0155(COD)

Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
The competent judicial authority or independent administrative authority shall specify in the detection order the period during which it applies, indicating the start date and the end date, within which the providers of hosting services and providers of interpersonal communications services shall prove that their service is no longer used for child sexual abuse.
2023/03/09
Committee: IMCO
Amendment 467 #

2022/0155(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point c
(c) the name of the provider and, where applicable, its legal representative, without prejudice to the issuance of detection orders where the legal name of the provider is not readily ascertained;
2023/03/09
Committee: IMCO
Amendment 523 #

2022/0155(COD)

Proposal for a regulation
Article 10 – paragraph 4 – point e a (new)
(e a) Ensure safety-by-design tools such as parental controls tool and effective age verification tools.
2023/03/09
Committee: IMCO
Amendment 535 #

2022/0155(COD)

Proposal for a regulation
Article 12 – paragraph 1 a (new)
1 a. Where a provider of hosting services or a provider of interpersonal communications services receives a report by the public through, among others, trusted hotline, it shall process and analyse the report in a timely and effective manner as to assess an imminent risk of miuse of the service for child child sexual abuse, without prejudice to the obligation to report to the EU centre pursuant paragraph 1.
2023/03/09
Committee: IMCO
Amendment 539 #

2022/0155(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2 a. The report submitted by the provider pursuant paragrah 2, shall never contain information about the source of the report, especially when this stems from the person to whom the material relates.
2023/03/09
Committee: IMCO
Amendment 543 #

2022/0155(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to easily flag to the provider potential online child sexual abuse on the service.
2023/03/09
Committee: IMCO
Amendment 560 #

2022/0155(COD)

Proposal for a regulation
Article 14 – paragraph 3 – point b
(b) the name of the provider and, where applicable, of its legal representative, without prejudice to the issuance of removal orders where the legal name of the provider is not readily ascertained;
2023/03/09
Committee: IMCO
Amendment 563 #

2022/0155(COD)

Proposal for a regulation
Article 14 – paragraph 3 a (new)
3 a. Providers of hosting services or providers of interpersonal communication services shall be encouraged to extend the effect of the order regarding one or more specific items of material, referred to in paragraph 1, to any provider or services under their control and promptly inform the Coordinating Authority of establishment of this specific measure.
2023/03/09
Committee: IMCO
Amendment 106 #

2022/0095(COD)

Proposal for a regulation
Recital 5
(5) This Regulation will contribute to making products fit for a climate-neutral, resource-efficient and circular economy, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to tackle products’ premature obsolescence, through improveing product durability, reusability, upgradability and reparability, improveing possibilities for refurbishment and maintenance, addressing the presence of hazardous chemicals in products, increaseing their energy and resource efficiency, reduceing their expected generation of waste materials and increaseing recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high- quality recycling and reducing carbon and environmental footprints.
2022/12/06
Committee: IMCO
Amendment 117 #

2022/0095(COD)

Proposal for a regulation
Recital 13
(13) In order to improve the environmental sustainability of products and to ensure the free movement of products in the internal market, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by setting out ecodesign requirements. Those ecodesign requirements should in principle apply to specific product groups, such as washing machines or washing machines and washer dryers. In order to maximise the effectiveness of ecodesign requirements and to efficiently improve environmental sustainability of products, it should also be possible to set out one or more horizontal ecodesign requirements for a wider range of products groups, such as electronic appliances or textiles. Horizontal ecodesign requirements should be established where the technical similarities of product groups allow their environmental sustainability to be improved based on the same requirements. These requirements should take into account potential environmental benefits stemming from using of one common charger for several products. Therefore, product groups with technical similarities, i.e. gardening tools and power drills or products protected against moisture and water ingress, should be required to be equipped with common chargers.
2022/12/06
Committee: IMCO
Amendment 133 #

2022/0095(COD)

Proposal for a regulation
Recital 26
(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators other value chain actors such as repairers or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation.
2022/12/06
Committee: IMCO
Amendment 143 #

2022/0095(COD)

Proposal for a regulation
Recital 41
(41) Consumers should be protected from misleading information that could hamper their choices for more sustainable products. For this reasons it should be prohibited to place on the market products bearing a label mimicking the labels provided for in this Regulation. On the other hand, displaying additional labels, such as EU Ecolabel or other existing type 1 - ecolabels, should not be seen as misleading.
2022/12/06
Committee: IMCO
Amendment 252 #

2022/0095(COD)

Proposal for a regulation
Article 5 – paragraph 5 – point a
(a) there shall be no significant negative impact on the functionality and safety of the product, from the perspective of the user;
2022/12/06
Committee: IMCO
Amendment 359 #

2022/0095(COD)

Proposal for a regulation
Article 21 – paragraph 7
7. Manufacturers shall ensure that that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by instructions in the digital format that enable consumers and other end-users to safely assemble, install, operate, store, maintain, repair and dispose of the product in a language that can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and include at least the information specified in the delegated acts adopted pursuant to Article 4 and pursuant to Article 7(2)(b), point (ii).
2022/12/06
Committee: IMCO
Amendment 361 #

2022/0095(COD)

Proposal for a regulation
Article 21 – paragraph 7 a (new)
7 a. When providing the instructions, referred to in paragraph 7, the manufacturer shall: a) present them in a format that makes it possible to download them and save on an electronic device so that he or she can access them at all times. b) make them accessible online for at least 10 years after placing the product on the market .
2022/12/06
Committee: IMCO
Amendment 362 #

2022/0095(COD)

Proposal for a regulation
Article 21 – paragraph 7 b (new)
7 b. Upon request of the consumer or other end user at the time of the purchase or up to 6 months after that purchase, the manufacturer shall provide the instructions in paper format free of charge.
2022/12/06
Committee: IMCO
Amendment 370 #

2022/0095(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. Importers shall ensure that the product is accompanied by instructions in the digital format that enable the consumer to assemble, install, operate, store, maintain, repair and dispose of the product, in a language that can be easily understood by consumers and other end users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and shall include at least the information specified in the delegated acts adopted pursuant to Article 4. The obligations set in Article 21(7a) and (7b) shall apply mutatis mutandis.
2022/12/06
Committee: IMCO
Amendment 377 #

2022/0095(COD)

Proposal for a regulation
Article 24 – paragraph 2 – point b
(b) the product is accompanied by the required documents and by instructions in the digital format, to enable the consumer to assemble, install, operate, store, maintain, and dispose of the product, in a language that can be easily understood by consumers and other end- users, as determined by the Member State in which the product is to be made available on the market, and that such instructions are clear, understandable and legible and include at least the information set out in Article 7(2), point (b), point (ii), as laid down in the delegated act adopted pursuant to Article 4; The obligations set in Article 21(7a) and (7b) shall apply mutatis mutandis.
2022/12/06
Committee: IMCO
Amendment 388 #

2022/0095(COD)

Proposal for a regulation
Article 26 – paragraph 4 – point b
(b) not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information included on the label. These restrictions do not comprise the EU Ecolabel and other type 1- ecolabels established in the Member States as long they fulfill the criteria from the Substantiating environmental claims (green claims) Directive (EU) 2022/xxxx.
2022/12/06
Committee: IMCO
Amendment 304 #

2022/0094(COD)

Proposal for a regulation
Recital 18
(18) In order to strive for a maximum of regulatory coherence, this Regulation should to the extent possible build on the horizontal legal framework, in this case namely on Regulation (EU) No 1025/2012 of the European Parliament and of the Council. It follows the recent trend inHowever, in line with other product legislation, to develop a fall-back solution where the European Standardisation Organisations do not deliver harmonised standards which can be cited in the Official Journalhis Regulation provides a fall-back solution in exceptional well defined cases where the application of a legislative act is at risk. As no harmonised standards for construction products could be cited in the Official Journal since late 2019 and only some dozen since Regulation (EU) No 305/2011 came into force, the new back-up empowerments for the CommissCommission in collaboration with European standardisation organisations should be even more comprehensiveestablish a workable solution, permitting to optimise the overall output of technical specifications so to catch up the delay in the adaptation to technical progress.
2022/12/20
Committee: IMCO
Amendment 307 #

2022/0094(COD)

Proposal for a regulation
Recital 18 a (new)
(18 a) To deliver in the most efficient way on the European Green Deal’s objectives, to provide predictability for manufacturers,public authorities and the wider construction ecosystem, the Commission should, at the latest 6 months after the entry into force of this Regulation and based on a scientific and evidence-based approach, adopt a working plan, covering at least 3 years, laying down a list of product groups for which it plans to adopt requirements and standardisation requests.
2022/12/20
Committee: IMCO
Amendment 352 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point a
(a) 3D-datasets placed on the market to permit the 3D-printing of construction products covered by this Regulation and 3D-printed construction products and moulds;
2022/12/20
Committee: IMCO
Amendment 356 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point c
(c) construction products manufactured on the construction site for immediate incorporation into construction works, without separate commercial action for the placing on the market;deleted
2022/12/20
Committee: IMCO
Amendment 360 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point f
(f) kits or assemblies, where their composition is specified in and covered by harmonised technical specifications or European assessment documents (EADs);deleted
2022/12/20
Committee: IMCO
Amendment 363 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – point g
(g) prefabricated one-family-houses of less than 180 m2 surface floor space with one floor or of less than 100 m2 surface floor space on two floors.deleted
2022/12/20
Committee: IMCO
Amendment 366 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Member States may decide not to apply this Regulation for the houses referred to in point (g) by notification to the Commission.deleted
2022/12/20
Committee: IMCO
Amendment 377 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
(e a) obligations of economic operators de-installing or dealing with used products for reuse are not fulfilled.
2022/12/20
Committee: IMCO
Amendment 383 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 3 – point d
(d) sanitary appliances;deleted
2022/12/20
Committee: IMCO
Amendment 416 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7
(7) ‘essential characteristics’ means those characteristics of the product which relate to the basic requirements for construction works as set out in Annex I Part A Point 1 orand the environmental characteristics which have been listed in Annex I Part A Point 2;
2022/12/20
Committee: IMCO
Amendment 433 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 15
(15) ‘buildings’ means facilities, other than containers, giving shelter to humans, animals or objects, which either are permanently fixed to the ground or can only be transported by the help of special equipment whilst having a surface floor space of at least 20m2 on one or several levels;deleted
2022/12/20
Committee: IMCO
Amendment 442 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 26
(26) ‘repair’ means the process of returnfixing a faulty product and/or replacing its defective components, in order to return the product to a condition where it can fulfil its intended use;
2022/12/20
Committee: IMCO
Amendment 450 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 38
(38) ‘harmonised zone’ means the sphere jointly covered by this Regulation, the harmonised technical specifications, the European Assessment Documents and the Commission acts of general applicability adopted pursuant this Regulation;
2022/12/20
Committee: IMCO
Amendment 480 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
The essential characteristics specified in accordance with paragraph 1 or listed in Annex I Part A Point 2 and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this Regulation. The essential characteristics of products shall be identified in view of the basic requirements for construction works, taking account of the regulatory needs of Member States. and climate and circularity objectives pursued by Regulation (EU) (Ecodesign for sustainable products regulation). The identified essential characteristics, together with the essential environmental requirements listed in Annex I Part B, shall form the basis for the preparation of standardisation requests and harmonised technical specifications.
2022/12/20
Committee: IMCO
Amendment 485 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
The Commission mayshall issue standardisation requests in accordance with Article 10 of Regulation (EU) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics and their assessment methods. These standardisation requests may include a request that the European standardisation organisation determine in the standards the threshold levels and classes of performance in relation to these essential characteristics and which of the essential characteristics may or shall be declared by manufacturers. In that case, the Commission shall lay down the basic principles and corner stones for the establishment of the threshold levels, classes and mandatory characteristics in the standardisation request.
2022/12/20
Committee: IMCO
Amendment 490 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3
The respective standardisation requests may also include a request that the European standardisation organisation determine in the standards referred to in the first subparagraph the voluntary or mandatory threshold levels and classes of performance in relation to the essential characteristics and which of the essential characteristics may or shall be declared by manufacturers. In that case, the Commission shall lay down the basic principles and corner stones for the establishment of the threshold levels, classes and mandatory characteristics in the standardisation request.deleted
2022/12/20
Committee: IMCO
Amendment 497 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 3 – introductory part
3. BWhile priority shall be given to the elaboration of standards, by way of derogation from paragraph 2 and in order to cover the regulatory needs of Member States and to pursue the goals of Article 114 of the Treaty on the Functioning of the European Union, the Commission is empowered to supplementmay supplement in exceptional cases, after consultation of the relevant European standardisation organisations and European stakeholder organisations receiving Union financing under Regulation (EU) No 1025/2012, this Regulation by means of delegated acts in accordance with Article 87, by establishing, for particular product families and categories, voluntary or mandatory essential characteristics and their assessment methods in any of the following cases:
2022/12/20
Committee: IMCO
Amendment 501 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point a
(a) there are undue and unjustified delays in the adoption of certain standards referred to in the first subparagraph of Article 4(2)by the European standardisation organisations, whilst an undue delay is given where the European standardisation organisation does not submit a standard within the time- frame set out2 years after having received the standardisation request, or the relevant standard does not sufficiently fulfil the criteria described in the standardisation request;
2022/12/20
Committee: IMCO
Amendment 509 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point c
(c) one or more essential characteristics referring to basic work requirements set out in Annex I Part A, Point 1 or included in Annex I Part A, Point 2 are not covered by the standards referred to in the first subparagraph of Article 4(2) the references of which are already published in the Official Journal and the European standardisation organisations have proven unwilling or unable to revise or amend the relevant standard in due time;
2022/12/20
Committee: IMCO
Amendment 515 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point e
(e) the standards referred to in the first subparagraph of Article 4(2) are not in line with EU climate and environmental legislation and ambition and the European standardisation organisations have proven unwilling or unable to revise or amend the relevant standard in due time;
2022/12/20
Committee: IMCO
Amendment 517 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point f
(f) references to standards referred to in the first subparagraph of Article 4(2) cannot be published in the Official Journal for the reasons set out in Article 34(4) or other legal reasons, and the European standardisation organisations have proven unwilling or unable to revise or amend the relevant standard in due time;
2022/12/20
Committee: IMCO
Amendment 520 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point g
(g) references to standards referred to in the first subparagraph of Article 4(2) have been withdrawn from the Official Journal or were published with a restriction and the European standardisation organisations have proven unwilling or unable to revise or amend the relevant standard in due time.
2022/12/20
Committee: IMCO
Amendment 521 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point g a (new)
(g a) the Commission has requested one or more European standardisation organisations to draft a harmonised standard for the requirements and the request has not been accepted by any of the European standardisation organisations;
2022/12/20
Committee: IMCO
Amendment 524 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 3 a (new)
3 a. Before preparing a draft delegated act, the Commission shall inform the committee referred to in Article 22 of Regulation EU (No) 1025/2012 that it considers that the conditions in paragraph 3 are fulfilled. When preparing the delegated act establishing the common specification, the Commission shall consult relevant bodies or expert groups established under relevant sectorial Union law.
2022/12/20
Committee: IMCO
Amendment 540 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 5 a (new)
5 a. The Commission shall by means of implementing acts develop a clear and stable set of rules for the standardisation process including roles, responsibilities, competences and the general procedural deadlines for all stakeholders involved as well as templates to be used. These rules shall cover the full standardisation process from developing the Standardisation request over the drafting of the candidate harmonised standards to their citation in the Official Journal. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
2022/12/20
Committee: IMCO
Amendment 550 #

2022/0094(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. All products covered by this Regulation shall, prior to their placing on the market or direct installation, satisfy the generic, directly applicable product information requirements set out in Annex I Part D and the product requirements laid down in Annex I Part B, C and CD as specified for the respective product family or category in accordance with paragraph 2. The product requirements laid down in Annex I Part B and C are only applicable where they have been specified in accordance with paragraph 2.
2022/12/20
Committee: IMCO
Amendment 556 #

2022/0094(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. In order to specify the product requirements set out in Annex I Part B, C and D, the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying, for particular product families and categories, these product requirements and by laying down the corresponding assessment methods. Once the Commission has specified these product requirements by delegated acts, it mayshall issue standardisation requests which aim at the elaboration of voluntary harmonised standards providing presumption of conformity with these mandatory product requirements as specified by these delegated acts.
2022/12/20
Committee: IMCO
Amendment 592 #

2022/0094(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
Where conflicts arise between this Regulation and Regulation (EU) 2019/1020, Regulation (EU) No 1025/2012, Regulation 765/2008/EC, Directive 2001/95/EC, Directive (EU) 2019/1937, and [XXX] (future Green Claims Directive or Regulation), this Regulation shall prevail.
2022/12/20
Committee: IMCO
Amendment 593 #

2022/0094(COD)

Proposal for a regulation
Article 8 – paragraph 1 b (new)
Where conflicts arise between this Regulation and other regulations or directives adopted by the European Parliament and the Council, the other Union law shall prevail.
2022/12/20
Committee: IMCO
Amendment 617 #

2022/0094(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point a
(a) verify the product’s compliance with the product requirements of Annex I Part B and C, and with the product requirements of Annex I Part D to the extent that they have been specified by delegated acts in accordance with Article 5(2), and with the product requirements of Annex I Part D;
2022/12/20
Committee: IMCO
Amendment 641 #

2022/0094(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The CE marking shall be affixed to those products for which the manufacturer has drawn up a declaration of performance orand where applicable, a declaration of conformity in accordance with Articles 9 and 11 to 14. The CE marking shall be affixed to key parts of the construction product. The CE marking may not be affixed to parts which are not key parts of the construction product.
2022/12/20
Committee: IMCO
Amendment 645 #

2022/0094(COD)

Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 2
Member States shall not introduce any references or shall withdraw any references in national measures to a marking attesting conformity with requirements or the declared performance in relation to the essential characteristics covered by the harmonised zoneunless a basis for such reference was laid down in accordance with Article 7 (5).
2022/12/20
Committee: IMCO
Amendment 660 #

2022/0094(COD)

Proposal for a regulation
Article 18 – paragraph 2
No oOther marking than marking set out by Union legislation may be affixed on a product in a distance smaller than the double length of the CE marking measured from any poas long as it does not impair the visibility, legibility and meanintg of the CE and the other marking set out by Union lawmarking.
2022/12/20
Committee: IMCO
Amendment 725 #

2022/0094(COD)

Proposal for a regulation
Article 30 – paragraph 1 – point a
(a) provide to manufacturers, notified bodies and authorities all available information on the environmental sustainability of their supplied component or service along their lifecycle;
2022/12/20
Committee: IMCO
Amendment 733 #

2022/0094(COD)

Proposal for a regulation
Article 34 – paragraph 3
3. Construction products standards developed pursuant to the second sentence of Article 5(2) or the third sentence of Article 22(4) shall be voluntary. Products which are in conformity with voluntary standards adopted in accordance with Article 5(2), or parts thereof, the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements laid down in Annex I Part B, C, and C,D as specified for the respective product family or category by harmonised technical specifications adopted in accordance with the second sentence of Article 5(2), to the extent that those requirements are covered by such voluntary standards and that this coverage has been precisely stated in the respective harmonised standard. Manufacturers who comply with voluntary standards adopted in accordance with Article 22(2), or parts thereof, the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the obligations set out in Article 22(2), to the extent that those obligations are covered by such standards and that this coverage has been precisely stated in the respective standard.
2022/12/20
Committee: IMCO
Amendment 735 #

2022/0094(COD)

Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – introductory part
Following a request for a European technical assessment by a manufacturer or a group of manufacturers or on initiative of the Commission, a European assessment document may be drawn up and adopted by the organisation of technical assessment bodies (‘TABs’) in agreement with the Commission for any kind or category of products not covered by:
2022/12/20
Committee: IMCO
Amendment 744 #

2022/0094(COD)

Proposal for a regulation
Article 38 – paragraph 1 a (new)
1 a. In order to ensure high quality of European Assessment Documents and of confidentiality needs of the applicant of the respective European Technical Assessment, before the reference to a new European Assessment Document is cited in the Official Journal of the European Union and the European Assessment Document is published, the first European Technical Assessment based on this European Assessment Document shall be issued. If necessary, the final draft of the European Assessment Document shall be amended based on the experience gained with the issue of the first European Technical Assessment. The European Commission jointly with organisation of TABs should communicate to the date of citation and publication of the European Assessment Document.
2022/12/20
Committee: IMCO
Amendment 746 #

2022/0094(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point a
(a) a description of the kind of categories of products covered; and
2022/12/20
Committee: IMCO
Amendment 748 #

2022/0094(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point b
(b) the list of essential characteristics, relevant for the intended use of the kind of categories of products as set out by the manufacturer and agreed between the manufacturer and the organisation of TABs, and the methods and criteria for assessing the performance of the product in relation to those essential characteristics.
2022/12/20
Committee: IMCO
Amendment 778 #

2022/0094(COD)

Proposal for a regulation
Article 78 – paragraph 1
1. The Commission is empowered to supplement this Regulation by means of delegated act according to Article 87, by setting up a Union construction products database or system that builds to the extent possible on the Digital Product Passport established by Regulation (EU) ... [Regulation on ecodesign for sustainable products] in order to avoid overlaps with other EU legislation and to ensure interoperability with already existing requirements.
2022/12/20
Committee: IMCO
Amendment 809 #

2022/0094(COD)

Proposal for a regulation
Article 84 – paragraph 1
1. The Commission is empowered toshall supplement this Regulation by delegated acts according to Article 87 by 31 December 2025 by establishing mandatory sustainability requirements applicable to public contracts, including implementation, monitoring and reporting of those requirements by Member States.
2022/12/20
Committee: IMCO
Amendment 813 #

2022/0094(COD)

Proposal for a regulation
Article 84 – paragraph 2
2. Requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3, point (1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, mayshall take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate and shall take into account the needs of SMEs.
2022/12/20
Committee: IMCO
Amendment 841 #

2022/0094(COD)

Proposal for a regulation
Article 91 – paragraph 1
No sooner than 84 years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. The evaluation shall inter alia assess the alignment of the revised Construction Products Regulation with the Regulation (EU) (Ecodesign for Sustainable Products Regulation). The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.
2022/12/20
Committee: IMCO
Amendment 846 #

2022/0094(COD)

Proposal for a regulation
Article 92 – paragraph 1
Regulation (EU) 305/2011 is repealed with effect from 1 January 2045[the date of entry into force of this Regulation], with the exception of Articles 17, 18, 19, and 26, which are repealed with effect from [10 years after the date of entry into force of this Regulation].
2022/12/20
Committee: IMCO
Amendment 856 #

2022/0094(COD)

Proposal for a regulation
Article 93 – paragraph 7 a (new)
7 a. Insofar as standards do not comply with the underlying standardization mandates or the legal framework and are therefore not listed in the Official Journal of the European Union in their current edition on this basis by the Commission, a procedure is to be determined between the European standardisation organisations and the Commission in accordance with which the Commission's objections to the listing in the Official Journal are resolved. It must be ensured that these standards reflect the state of art until a standard based on a current standardisation request is listed in the Official Journal of the European Union and replaces the old standard.
2022/12/20
Committee: IMCO
Amendment 857 #

2022/0094(COD)

Proposal for a regulation
Article 93 a (new)
Article 93 a Working plan for standardisation priorities 1. The Commission shall not later than [6 months after entry into force] establish and regularly update a publicly available working plan, covering the following three-year period. The working plan shall contain a list of product families or categories which are considered as priorities for the issuing of standardisation requests in accordance with Article 4(2) and product requirements in accordance with Article 5. In the development of the working plan, the Commission shall consult the Member States, the European Parliament and the European Standardisation Organisations. 2. The Commission shall once a year report to the Member States and the European Parliament about the progress in implementing the working plan including the standardisation requests issued.
2022/12/20
Committee: IMCO
Amendment 65 #

2022/0092(COD)

Proposal for a directive
Recital 1
(1) In order to tackle unfair commercial practices which prevent consumers from making sustainable consumption choices, such as practices associated with the early obsolescence of goods, misleading environmental claims (“greenwashing”), non-transparent and non-credible sustainability labels or sustainability information tools, specific rules should be introduced in Union consumer law. This would enable national competent bodies to address those practices effectively. By ensuring that environmental claims are fair and credible, consumers will be able to choose products that are genuinely better for the environment than competing products. This will encourage competition towards more environmentally sustainable products, thus reducing negative impact on the environment.
2022/11/24
Committee: IMCO
Amendment 73 #

2022/0092(COD)

Proposal for a directive
Recital 6
(6) Comparing or rating products based on their environmental or social aspects, including through the use of sustainability information tools, is an increasingly common marketing technique. In order to ensure that such comparisons or ratings do not mislead consumers, Article 7 of Directive 2005/29/EC should be amended to require that the consumer is provided with information about the method of the comparison or rating, the products which are the object of comparison or rating and the suppliers of those products, and the measures to keep information up to date. This should ensure that consumers make better informed transactional decisions when using such services. The comparison or rating should be objective by, in particular, comparing or rating products which serve the same function, using a common method and common assumptions, and comparing or rating material and verifiable features of the products being compared or rated.
2022/11/24
Committee: IMCO
Amendment 76 #

2022/0092(COD)

Proposal for a directive
Recital 7
(7) The displaying of sustainability labels which are not based on a certification scheme or not established by public authorities should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. The certification scheme should fulfil minimum transparency and credibility conditions and be supported by methods to monitor compliance that are proportionate and relevant to the nature of the products, processes, or businesses that are subject to the scheme. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in case of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.
2022/11/24
Committee: IMCO
Amendment 77 #

2022/0092(COD)

Proposal for a directive
Recital 7 a (new)
(7a) Sustainability initiatives, including certification schemes and sustainability labels that foster the uptake of sustainable market practices by SMEs should be encouraged.
2022/11/24
Committee: IMCO
Amendment 88 #

2022/0092(COD)

Proposal for a directive
Recital 14 a (new)
(14a) Where traders are not producers of goods, they may have limited influence on the design of goods and their early obsolescence. Therefore the producers should be liable whenever engaging in such practices, as well as for providing information to traders in this respect. Mere retailers should be responsible for further passing on such information to consumers. In addition, once such practices are established with regards to a specific good, national competent authorities may also require remedial action from the retailers selling the good in question or require them to provide consumers with additional information at the point of sale in this respect.
2022/11/24
Committee: IMCO
Amendment 111 #

2022/0092(COD)

Proposal for a directive
Recital 22
(22) In order for consumers to take better informed decisions and stimulate the demand for, and the supply of, more durable goods, specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract. Moreover, as regards goods with digital elements, digital content and digital services, consumers should be informed about the period of time during which free software updates are available, including both security and other, functionality or features updates, which should be provided independently. Therefore, Directive 2011/83/EU of the European Parliament and of the Council27 should be amended to provide consumers with pre-contractual information about durability, reparability and the availability of updates. Information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88228 . The obligation to provide this information to consumers complements and does not affect the rights of consumers provided in Directives (EU) 2019/77029 and (EU) 2019/77130 of the European Parliament and of the Council. __________________ 27 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
2022/11/24
Committee: IMCO
Amendment 117 #

2022/0092(COD)

Proposal for a directive
Recital 24
(24) The problem of limited durability contrary to consumer expectations is most relevant for energy-using goods, which are goods that function from an external energy source. Consumers are also most interested in receiving information about the expected durability of this category of goods. For these reasons, only for this category of goods, consumers should be made aware that the information about the existence of a producer’s commercial guarantee of durability of more than two years has not been provided by the producer.deleted
2022/11/24
Committee: IMCO
Amendment 118 #

2022/0092(COD)

Proposal for a directive
Recital 25
(25) Goods containing energy-using components, where those components are mere accessories and do not contribute to the main function of those goods, such as decorative lighting for clothing or footwear or electric light for a bicycle, should not be classified as energy-using goods.deleted
2022/11/24
Committee: IMCO
Amendment 123 #

2022/0092(COD)

Proposal for a directive
Recital 29
(29) To promote competition between producers as regards the durability of goods with digital elements the traders selling those goods should inform consumers about the minimum period of time during which the producer commits towill provide software updates for such goods. However, to avoid overloading consumers with information, such information should only be provided when this period is longer than the period of the producer’s commercial guarantee of durability, as that guarantee entails the provision of updates, including security updates, that are necessary to maintain the required functions and performance of goods with digital elements. Furthermore, information about the producer’s commitment to provide software updates is relevant only where the sales contract regarding goods with digital elements provides for a single act of supply of the digital content or digital service in respect of which Article 7(3), point (a), of Directive (EU) 2019/771 applies. In contrast, there should be no new obligation to provide that information where the sales contract provides for a continuous supply of the digital content or digital service over a period of time, since for those contracts Article 7(3), point (b), of Directive (EU) 2019/771 specifies, by reference to Article 10 (2) or (5), the period of time during which the seller is to ensure that the consumer is informed of and supplied with updates including, as a minimum, the mandatory period for which the updates shall be provided in accordance with Directive (EU) 2019/771.
2022/11/24
Committee: IMCO
Amendment 126 #

2022/0092(COD)

Proposal for a directive
Recital 30
(30) Likewise, traders offering digital content and digital services should also inform consumers about the minimum period during which the provider of thime digital content or digital service, where the provider is different from the trader, commits to provide software updates, including security updates, necessary to keep the digital content and digital services in conformity. Information about the provider’s commitment to provide software updates is relevant only where the contract provides for a single act of supply or a series of individual acts of supply in respect of which Article 8(2), point (b), of Directive 2019/770 applies. In contrast, there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time, since for these contracts Article 8(2), point (a) of Directive (EU) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied with updatesuring which the producer will provide software updates for such goods including, as a minimum, the mandatory period for which the updates shall be provided in accordance with Directive (EU) 2019/770.
2022/11/24
Committee: IMCO
Amendment 130 #

2022/0092(COD)

Proposal for a directive
Recital 31
(31) To allow consumers to make an informed transactional decision and choose goods that are easier to repair, traders should provide, before the conclusion of the contract, for all types of goods, where applicable, the reparability score of the good as provided by the producer in accordance with Union lawor national law. In line with Directive 2005/29/EC and Directive 2011/83/EU, this provision should not apply to business-to-business and consumers-to-consumers transactions.
2022/11/24
Committee: IMCO
Amendment 161 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point s
(s) ‘certification scheme’ means a third-party verification scheme that is open under transparent, fair and non- discriminatory terms to all traders willing and able to comply with the scheme’s requirements, which certifies that a product, a process, or a business complies with certain requirements, and for which the monitoring of compliance is objective, based on international, Union or national standards and procedures taking into account the nature of the products, processes, or businesses concerned and carried out by a party independent from both the scheme owner and the trader;
2022/11/24
Committee: IMCO
Amendment 170 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w
(w) ‘software update’ means a free update, including a securityeither a security update, or any other functionality or feature update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771 or which improves or reduces their durability;
2022/11/24
Committee: IMCO
Amendment 182 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2005/29/EC
Article 6 – paragraph 1 – point b
(b) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, environmental or social impact, accessories, durability, reparability, reusability, recyclability, after- sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;
2022/11/24
Committee: IMCO
Amendment 184 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
(aa) in paragraph 2, point (c) is replaced by the following: ‘(c) any marketing of a good, in one Member State, as bewith seemingly identical to a goodpresentation to another good, which is marketed, in other Member States, while that good has significantlyunder the same brand, trademark or designation, while that good presents differentces in composition or characteristics, unless justified by legitimate and objective factors.including its sensory profile;’
2022/11/24
Committee: IMCO
Amendment 188 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point d
(d) making an environmental claim related to future environmental performance without clear, objective and verifiable commitments and targets and without an independent monitoring system that is based on publicly accessible data, including by consumers;
2022/11/24
Committee: IMCO
Amendment 191 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point e
(e) advertising benefits for consumers that are consideto consumers benefits of a product's featured as a common practice in the relevant marketunique selling proposition even though it is a regular feature to all products of the same type.
2022/11/24
Committee: IMCO
Amendment 195 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2005/29/EC
Article 7 – paragraph 7
7. Where a trader provides a service which compares or rates products, including through a sustainability information tool, information about the method of comparison or evaluation, the products which are the object of comparison or rating and the suppliers of those products, as well as the measures in place to keep that information up to date, shall be regarded as material.;
2022/11/24
Committee: IMCO
Amendment 207 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 e
(14e) ‘software update’ means a free update, includingeither a security update or any other functionality or feature update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771; or which improves or reduces their durability;
2022/11/24
Committee: IMCO
Amendment 210 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point -a (new)
Directive 2011/83/EU
Article 5 – paragraph 1 – point e
(-a) in paragraph 1, point (e) is replaced by the following: (e) in addition to a reminder of the existence and duration of a legal guarantee of conformity for goods, the existence and the conditions of after-sales services and commercial guarantees, where applicable; Or. en (Directive 2011/83/EU)
2022/11/24
Committee: IMCO
Amendment 215 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e a
(ea) for all goods, where the producer makes it available, information that the goods benefit from aas a minimum, a reminder on the existence and duration of the legal guarantee of conformity, information on the existence and the conditions of after-sales services and information on the existence and duration of commercial guarantees of durability and its duration in units of time, where thate commercial guarantee covers the entire good and has a duration of more than two yearslonger duration than the duration of the legal guarantee of conformity. When sellers have not received any information from the producer on the existence and duration of the commercial guarantee of durability, they shall inform the consumer of the absence of such a guarantee; The guarantee of durability shall include the expected lifespan of a product as communicated by the producer;
2022/11/24
Committee: IMCO
Amendment 222 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e b
(eb) for energy-using goods, where the producer does not make available the information referred to in point (ea), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after-sales services and commercial guarantees provided in accordance with point (e);deleted
2022/11/24
Committee: IMCO
Amendment 227 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e c
(ec) for goods with digital elements, where the producer makes such information available, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updatesincluding, as a minimum, the mandatory period for which the updates shall be provided in accordance with Directive (EU) 2019/771, and taking into account the information that the seller was able to collect from the producer in a re supplied for a longer period than the commercial guarantee of durabilityasonable and proportionate manner;
2022/11/24
Committee: IMCO
Amendment 229 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e d
(ed) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital including, as a minimum, the mandatory period for which the updates shall be provided in accordance with Directive (EU) 2019/770, and taking into accountent or digital service over a period of time the information that the seller was able to collect from the producer in a reasonable and proportionate manner;
2022/11/24
Committee: IMCO
Amendment 246 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point -a (new)
Directive 2011/83/EU
Article 6 – paragraph 1– point l
(-a) point (l) is amended as follows: ‘(l) a reminder of the existence and duration of a legal guarantee of conformity for goods; ’ Or. en (Directive 2011/83/EU)
2022/11/24
Committee: IMCO
Amendment 250 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m a
(ma) for all types of goods, where the producer makes it available, information that the goods benefit from agoods, as a minimum, a reminder on the existence and duration of the legal guarantee of conformity, information on the existence and the conditions of after-sales services and information on the existence and duration of commercial guarantees of durability and its duration in units of time, where thate commercial guarantee covers the entire good and has a duration of more than two years; longer duration than the duration of the legal guarantee of conformity. When sellers have not received any information from the producer on the existence and duration of the commercial guarantee of durability, they shall inform the consumer of the absence of such a guarantee; The guarantee of durability should include the expected lifespan of a product as communicated by the producer.
2022/11/24
Committee: IMCO
Amendment 255 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m b
(mb) for energy-using goods, where the producer does not make available information referred to in point (ma), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after-sales services and commercial guarantees provided in accordance with point (m);deleted
2022/11/24
Committee: IMCO
Amendment 261 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m c
(mc) for goods with digital elements, where the producer makes such information available, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updatesincluding, as a minimum, the mandatory period for which the updates shall be provided in accordance with Directive (EU) 2019/771, and taking into account the information that the seller was able to collect from the producer in a re supplied for a longer period than the commercial guarantee of durabilityasonable and proportionate manner;
2022/11/24
Committee: IMCO
Amendment 263 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m d
(md) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital including, as a minimum, the mandatory period for which the updates shall be provided in accordance with Directive (EU) 2019/770, and taking into accountent or digital service over a period of time the information that the seller was able to collect from the producer in a reasonable and proportionate manner;
2022/11/24
Committee: IMCO
Amendment 283 #

2022/0092(COD)

Proposal for a directive
Article 3 – paragraph 1
By [5 years from adoption], the Commission shall submit a report on the application of this Directive to the European Parliament and to the Council. The Commission shall assess the necessity for developing and introducing mandatory labelling on the estimated lifetime and reparability of a product, which could take the form of an environmental performance index, taking into account multiple criteria throughout the life cycle of products according to product category.
2022/11/24
Committee: IMCO
Amendment 291 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 1
Directive 2005/29/EC
Annex I – point 2 a
2a. Displaying a sustainability label which is not based on a certification scheme or not established by public authorities., except where no adequate certification scheme exists for the issue addressed by the label, in which case the use of an independent and recognised by authorities third party verification system shall be allowed;
2022/11/24
Committee: IMCO
Amendment 313 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Annex I – point 13 a (new)
(3a) the following point 13a is inserted: 13a. Any marketing of a good as being identical or seemingly identical to the other good marketed in one or various Member State, while those goods have different composition or characteristics which have not been clearly marked on the packaging, so as to be visible to the consumer.
2022/11/24
Committee: IMCO
Amendment 316 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 d
23d. Omitting to inform the consumer thatSupplying a software update willthat negatively impacts the use of goods with digital elements or certain features of those goods even if the software update improves the functioning of other features.
2022/11/24
Committee: IMCO
Amendment 322 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23e
23e. Omitting to inform the consumer about the existence of a feature of a good introducedIntroducing a feature to limit itsthe durability of a good.
2022/11/24
Committee: IMCO
Amendment 326 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23e a (new)
23ea. Any marketing of a good where the trader is aware that this product has a feature introduced to limit its durability.
2022/11/24
Committee: IMCO
Amendment 328 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 g
23g. Presenting goods as allowing repair when they do not or omitting to inform the consumer that goods do not allow repair in accordance with legal requirements or failing to inform that these goods are repairable.
2022/11/24
Committee: IMCO
Amendment 341 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i a (new)
23ia. Any marketing of a good, which is not compliant with the requirements under the Union products legislation.
2022/11/24
Committee: IMCO
Amendment 343 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i b (new)
23ib. Any marketing of a good without fixing a design issue that leads to an early failure of this good, within a reasonable time after it became known.
2022/11/24
Committee: IMCO
Amendment 345 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i c (new)
23ic. Bundling security updates with functionality, feature or other software updates.
2022/11/24
Committee: IMCO
Amendment 116 #

2022/0047(COD)

Proposal for a regulation
Recital 21
(21) Products may be designed to make certain data directly available from an on- device data storage or from a remote server to which the data are communicated. Access to the on-device data storage may be enabled via cable-based or wireless local area networks connected to a publicly available electronic communications service or a mobile network. The server may be the manufacturer’s own local server capacity or that of a third party or a cloud service provider who functions as data holder. Data processors as defined in Regulation (EU) 2016/679 are by default not considered to act as data holders, unless specifically tasked by the data controller. They may be designed to permit the user or a third party to process the data on the product or on a computing instance of the manufacturer.
2022/11/16
Committee: IMCO
Amendment 128 #

2022/0047(COD)

Proposal for a regulation
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question. Information derived or inferred from this data, where lawfully held, should not be considered within the scope of this Regulation. Products design-related data, meaning data related to the internal functioning and design of the product can expose EU companies' core know-how and therefore the EU strategic, technological and competitiveness interests. Such data should therefore be excluded from the scope of the Regulation.
2022/11/14
Committee: ITRE
Amendment 150 #

2022/0047(COD)

Proposal for a regulation
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, and without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights. Functional system data, meaning data related to the internal functioning of the product, in particular regarding interfaces between components, do not present any interest for users but can expose EU companies' know-how and and therefore the EU strategic, technological and competitiveness interests. Such data should therefore be excluded from the scope of this Regulation.
2022/11/14
Committee: ITRE
Amendment 170 #

2022/0047(COD)

Proposal for a regulation
Recital 57
(57) In case of public emergencies, such as public health emergencies, emergencies resulting from environmental degradation and major natural disasters including those aggravated by climate change, as well as human-induced major disasters, such as major cybersecurity incidents, the public interest resulting from the use of the data will outweigh the interests of the data holders to dispose freely of the data they hold. In such a case, data holders should be placed under an obligation to make the data available to public sector bodies or to Union institutions, agencies or bodies upon their request. The existence of a public emergency is determined according to the respective procedures in the Member States or of relevant international organisations. In the case of major cybersecurity incidents, this should not result in the duplication of requirements for firms such as those under Regulation XXXX/XXXX on Digital Operational Resilience for the financial sector and the Directive XXXX/XXXX on measures for a high common level of cybersecurity across the union, repealing Directive (EU) 2016/1148.
2022/11/16
Committee: IMCO
Amendment 174 #

2022/0047(COD)

Proposal for a regulation
Recital 69
(69) The ability for customers of data processing services, including cloud and edge services, to switch from one data processing servicecloud service provider to another, while maintaining a minimum functionality of service, is a key condition for a more competitive market with lower entry barriers for new service providers. Facilitating a multi-cloud approach for customers of cloud services also contributes to increase their digital operational resilience, as recognised for financial service institutions in the Digital Operational Resilience Act (DORA).
2022/11/16
Committee: IMCO
Amendment 178 #

2022/0047(COD)

Proposal for a regulation
Recital 69 a (new)
(69a) Unnecessarily high data egress fees, or data transfer costs have the potential to restrict competition and cause lock-in effects for the customers of data processing services, by reducing incentives to choose a different or additional service provider. Therefore, the gradual withdrawal of the charges associated with switching data processing services shall specifically include withdrawing any “egress fees” charged by the data processing service to a customer.
2022/11/16
Committee: IMCO
Amendment 181 #

2022/0047(COD)

Proposal for a regulation
Recital 71
(71) Data processCloud computing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The deployment models of cloud computing should include private, community, public and hybrid cloud. The aforementioned service and deployment models have the same meaning as the terms of service and deployment models defined under ISO/IEC 17788:2014 standard. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider of cloud computing services could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processprovider of cloud computing service providers, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset.
2022/11/16
Committee: IMCO
Amendment 184 #

2022/0047(COD)

Proposal for a regulation
Recital 72
(72) This Regulation aims to facilitate switching between data processing services, which encompasses all conditions and actions that are necessary for a customer to terminate a contractual agreement of a data processing service, to conclude one or multiple new contracts with different providers of data processing services, to port all its digital assets, including data, to the concerned other providers and to continue to use them in the new environment while benefitting from functional equivalence. It should be noted that the data processing services in scope are those where data processing, as defined under the Regulation, forms part of the core-business of a provider. Digital assets refer to elements in digital format for which the customer has the right of use, including data, applications, virtual machines and other manifestations of virtualisation technologies, such as containers. Functional equivalence means the maintenance of a minimum level of functionality of a service after switching, and should be deemed technically feasible whenever both the originating and the desSwitching is an operation consisting in three main successive steps: i) data extraction, i.e downloading data from a originating provider’s ecosystem; ii) transformation, when the data is structured in a way that matches the schema of the target location iii) load of the data in a new destination location. Obstacles of different natures may occur during the different steps of the switching process. Cloud service providers and clients have different levels of responsibilities, depending on the steps of the process referred to. Obstacles to switching are of different nature, depending on the step of the switching process it is referred to. Functional equivalence means a definition as agreed upon by a customer and provider of data processing services, or the maintenance of a minimum level of pre-defined functionality during the switching process, to such an extent that the service will deliver comparable minimum level functionality, such as the same output at the same performance and with the same level of security, operational resilience and quality of service as agreed at the time of termination of the contract, where both the original and destination service providers independently offer the same core functionation data processing services cover (in part or in whole) the same service type. Meta-data, generated by the customer’s use of a service, should also be portable pursuant to this Regulation’s provisions on switching. lity; Services can only be expected to facilitate functional equivalence for the functionalities that both the originating and destination service offer. The Regulation does not instance an obligation of facilitating functional equivalence for data processing services of the PaaS and/or SaaS delivery model. Meta-data, generated by the customer’s use of a service, should also be portable pursuant to this Regulation’s provisions on switching. Data processing services are used across sectors and vary in complexity and service type; this is an important consideration with regards to the porting process and the timeframes.
2022/11/16
Committee: IMCO
Amendment 194 #

2022/0047(COD)

Proposal for a regulation
Recital 75 b (new)
(75b) Certain cloud computing services, such as cloud computing services, which have been custom built to facilitate a specific customer’s need, or cloud computing services that operate on a trial basis or only supply a testing and evaluation service for business product offerings, should be exempted from the obligations applicable to cloud computing service switching.
2022/11/16
Committee: IMCO
Amendment 198 #

2022/0047(COD)

Proposal for a regulation
Recital 79
(79) Standardisation and semantic interoperability should play a key role to provide technical solutions to ensure interoperability. In order to facilitate the conformity with the requirements for interoperability, it is necessary to provide for a presumption of conformity for interoperability solutions that meet harmonised standards or parts thereof in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council. The Commission should adopt common specifications in areas where no harmonised standards exist or where they are insufficient in order to further enhance interoperability for the common European data spaces, application programming interfaces, cloud switching as well as smart contracts. Additionally, common specifications in the different sectors could remain to be adopted, in accordance with Union or national sectoral law, based on the specific needs of those sectors. Reusable data structures and models (in form of core vocabularies), ontologies, metadata application profile, reference data in the form of core vocabulary, taxonomies, code lists, authority tables, thesauri should also be part of the technical specifications for semantic interoperability. Furthermore, following consultation with stakeholders and taking into account relevant international and European standards and self-regulating initiatives the Commission should be enabled to mandate the development of harmonised standards for the interoperability of data processcloud computing services.
2022/11/16
Committee: IMCO
Amendment 211 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 4 a (new)
4 a. The obligations on 'data holders' laid down in Chapters II, V and VI in this Regulation shall not apply to public sector bodies.
2022/11/16
Committee: IMCO
Amendment 215 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
(1) ‘data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audio-visual recording, however only raw 'data' that has not undergone any processing beyond mere collection or is generated as a by-product of the user's actions, including diagnostics and other technical data;
2022/11/16
Committee: IMCO
Amendment 251 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negatively affecting the population of the Union, a Member State or part of it, with a risk of seriousany life- threatening, serious hazard and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s) as a consequence of: a) a major or regional natural disaster having the Union or the relevant Memberaken place on the territory of the same eligible State or of a neighbouring eligible State; or b) a major public health emergency having taken place on the territory of the same eligible State(s);
2022/11/16
Committee: IMCO
Amendment 254 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 12
(12) ‘data process'cloud computing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which enables on-demand administration and broad remoservice enabling ubiquitous, scalable, elastic and on-demand network access to a shared pool of configurable computing resources of a centralised, distributed or highly distributed nature provided to a customer that can be rapidly provisioned and released with minimal management effort or service provider inte raccess to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;tion; (This amendment applies throughout the text [cloud computing service] shall replace [data processing service]. Adopting it will necessitate corresponding changes throughout.)
2022/11/16
Committee: IMCO
Amendment 261 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
(13a) ‘cloud computing service data portability’ means the ability of the cloud service to move and suitably adapt its data between the customer’s cloud services, including in different deployment models;
2022/11/16
Committee: IMCO
Amendment 263 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 13 b (new)
(13b) 'cloud computing service switching’ means the process where a cloud service customer suitably changes from using one cloud computing service to using a second equivalent or other service offered by a different provider of cloud computing services, involving the provider of source cloud computing services, the customer and the provider of destination cloud computing services.
2022/11/16
Committee: IMCO
Amendment 266 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 14
(14) ‘functional equivalence’ means a definition as agreed upon by a customer and provider of data processing services, or the maintenance of a minimum level of pre-defined functionality in the environment of a new data processing service after the switching process, to such an extent that, in response to an input action by the user on core elements of the service, the desduring the switching process, to such an extent that the service will deliver comparable minimum level functionation service will deliverlity, such as the same output at the same performance and with the same level of security, operational resilience and quality of service as the originating service at the time of termination of the contractagreed at the time of termination of the contract, where both the original and destination service providers independently offer the same core functionality;
2022/11/16
Committee: IMCO
Amendment 272 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
(20a) ‘Switching’ shall be understood as the process enabling, for any client of a cloud service provider, to extract, transform and load their data to another provider(s). By extension, switching also applies to configurations where data transfers occur when clients of cloud service providers are using several providers simultaneously.
2022/11/16
Committee: IMCO
Amendment 296 #

2022/0047(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
(aa) How long time the data holder shall store such data and thus make it available for the data user.
2022/11/16
Committee: IMCO
Amendment 364 #

2022/0047(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. A data holder shall not discriminate between comparable categories of data recipients, including partner enterprises or linked enterprises, as defined in Article 3 of the Annex to Recommendation 2003/361/EC, of the data holder, when making data available. Where a data recipient considershas a reasonable doubt that the conditions under which data has been made available to it to be discriminatory, it shall be for the data holder and the data recipient to demonstrate thatwhether there has been no discrimination.
2022/11/16
Committee: IMCO
Amendment 387 #

2022/0047(COD)

Proposal for a regulation
Article 1 – paragraph 4 a (new)
4 a. This Regulation shall not affect product design-related data. Accordingly, inferred data or derived data resulting from any software process that calculates derivative data from such data, as well as functional system data, should not be considered within the scope of this Regulation.
2022/11/14
Committee: ITRE
Amendment 396 #

2022/0047(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
1a. A contractual term, concerning the access to and use of data or the liability and remedies for the breach or the termination of data related obligations which has been unilaterally imposed by an enterprise designated as a gatekeeper,pursuant to Article 3 of (EU)2022/1925 on an entreprise shall not be binding on the latter enterprise if it is established as unfair under Article 13, paragraph 3 of this Regulation.
2022/11/16
Committee: IMCO
Amendment 467 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 1 – introductory part
1. Providers of a data processing service shall take the measures provided for in Articles 24, 25 and 26 to ensure that customers of their service can switch to another data processing service, covering the same service type, which is provided by a different service provider, or use multiple providers at the same time. In particular, providers of data processing service shall remove pre-commercial, commercial, technical, contractual and organisational obstacles, which inhibit customers from:
2022/11/16
Committee: IMCO
Amendment 473 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days or after a notice period agreed in the contractual agreement between the customer and the provider of cloud computing services, the contractual agreement of the service;
2022/11/16
Committee: IMCO
Amendment 479 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point b
(b) concluding new contractual agreements with a different provider of data processcloud computing services covering the sameequivalent service type;
2022/11/16
Committee: IMCO
Amendment 480 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point c
(c) porting ithe customer's data, applications and other digital assets to another provider of data processing services; and receiving its data, applications, depending on the service type, and other digital assets from the cloud computing provider;
2022/11/16
Committee: IMCO
Amendment 483 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point c
(c) porting its data, applications and other digital assets to another provider of data processing servicescloud computing services, including after having benefited from a free-tier offering;
2022/11/16
Committee: IMCO
Amendment 486 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point d
(d) maintaining functional equivalence of the service in the IT-environment of the different provider or providers of data processing servicecloud computing providers covering the same service type, in accordance with Article 26. , without requiring those cloud computing providers to develop or copy new categories of services within or on the basis of the IT-infrastructure of different cloud computing providers to guarantee functional equivalence in an environment other than their own systems.
2022/11/16
Committee: IMCO
Amendment 488 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. Paragraph 1 shall only apply to obstacles that are related to the services, contractual agreements or commercial practices provided by the original provider.deleted
2022/11/11
Committee: IMCO
Amendment 490 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. Paragraph 1 shall only apply to obstacles that are related to the services, contractual agreements or commercial practices provided by the original providerprovider of source cloud computing services.
2022/11/11
Committee: IMCO
Amendment 491 #

2022/0047(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. Paragraph 1 shall only apply to obstacles that are related to the services, contractual agreements, pre-commercial or commercial practices provided by the original provider.
2022/11/11
Committee: IMCO
Amendment 496 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processcloud computing service in relation to switching between providers of such services shall be clearly set out in a written contract. Without prejudice to Directive (EU) 2019/770, that contrace provider of cloud computing services shall ensure that contractual agreement shall include at least the following:
2022/11/11
Committee: IMCO
Amendment 501 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly by the customer to an on-premise system, in particular the establishment of a mandatory maximum transition period of 30 calendar days, to be initiated after the maximum notice period referred to in Article 23, during which the data processing service provider shall:
2022/11/11
Committee: IMCO
Amendment 512 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
(1) assist and, where technically feasible, complethrough and facilitate the switching process;
2022/11/11
Committee: IMCO
Amendment 514 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
(2) ensure fullact with due care to maintain business continuity and security of the service and, taking into account the advancement in the switching process, ensure, to the greatest extent possible, continuity in the provision of the respectivelevant functions or services within the provider of source cloud computing services’ infrastructure capacity and according to the contractual obligations.
2022/11/11
Committee: IMCO
Amendment 518 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2 a (new)
(2 a) provide clear information concerning known risks to continuity in the provision of the respective functions or services from the side of provider of source cloud computing services during the switching process.
2022/11/11
Committee: IMCO
Amendment 522 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2 b (new)
(2 b) obligation to complete the switching process within the period which may not exceed 6 months. The customer shall retain the right to extend this period, if needed, prior to or during the switching process;
2022/11/11
Committee: IMCO
Amendment 527 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point b
(b) an exhaustive specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata related to the customer's services and created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service; being understood that cloud service providers shall not be required to disclose trade secrets or other proprietary information.
2022/11/11
Committee: IMCO
Amendment 536 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point c
(c) a minimum period for data retrieval of at least 30 calendar days, starting after the termination of the transition period that was agreed between the customer and the service provider of cloud computing services, in accordance with paragraph 1, point (a) and paragraph 2.
2022/11/11
Committee: IMCO
Amendment 547 #

2022/0047(COD)

Proposal for a regulation
Article 24 – paragraph 2 a (new)
2 a. Following a successful switch to another provider or back on-premises by the customer, the provider of the cloud computing service should be required to permanently delete the user data, unless otherwise expressly agreed.
2022/11/11
Committee: IMCO
Amendment 548 #

2022/0047(COD)

Proposal for a regulation
Article 24 a (new)
Article 24 a Obligations of the providers of destination cloud computing services The provider of destination cloud computing services shall comply with the following obligations towards the customer: a) shall provide information on available procedures for switching and porting to the cloud computing service when it is a porting destination, including information on available porting methods, formats as well as known restrictions and technical limitations; b) shall cooperate in good faith with the provider of source cloud computing services to enable the timely transfer of necessary items such as data or software via commonly used, machine-readable format and by means of the open standard data portability interface, unless otherwise agreed by both parties.
2022/11/11
Committee: IMCO
Amendment 558 #

2022/0047(COD)

Proposal for a regulation
Article 25 – paragraph 1 a (new)
1 a. From [date X, the date of entry into force of this Regulation] onwards, providers of cloud computing services shall not impose any egress fees, or data transfer costs for the switching process or when a customer is using several providers simultaneously.
2022/11/11
Committee: IMCO
Amendment 570 #

2022/0047(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processcloud computing services that are directly linked to the switching process and shall be associated with mandatory operations that the provider of cloud computing processing services must perform as part of the switching process concerned.
2022/11/11
Committee: IMCO
Amendment 573 #

2022/0047(COD)

Proposal for a regulation
Article 25 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation in order to introduce a monitoring mechanism for the Commission to monitor switching charges imposed by data processproviders of cloud computing service providers on the market to ensure that the withdrawal of switching charges as described in paragraph 1 of this Article will be attained in accordance with the deadline provided in the same paragraph.
2022/11/11
Committee: IMCO
Amendment 575 #
2022/11/11
Committee: IMCO
Amendment 579 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. Providers of data processcloud computing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensureto the extend possible support that the customer, after switching to a service covering the same service type offered by a different provider of data processcloud computing services, enjoysis well equipped to achieve functional equivalence in the use of the new service.
2022/11/11
Committee: IMCO
Amendment 583 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. For data processing services other than those covered by paragraph 1, providers of data processProviders of cloud computing services, including providers of destination cloud computing services shall make open interfaces publicly available and free of charge for the purpose of portability and interoperability.
2022/11/11
Committee: IMCO
Amendment 587 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 3
3. For data processing services other than those covered by paragraph 1, providers of data processing services shallAll providers of cloud computing services shall, where technically feasible, ensure compatibility with open interoperability specifications or European standards for interoperability that are identified in accordance with Article 29(5) of this Regulation.
2022/11/11
Committee: IMCO
Amendment 589 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the equivalent service type concerned, the provider of data processcloud computing services shall, at the request of the customer, export where technically feasible, all data generated or co-generated, including the relevant data formats and data structures, and metadata in a structured, commonly used and machine- readable format as indicated to the customer in accordance with Article 24 (1 ab), unless other format is accepted by the customer.
2022/11/11
Committee: IMCO
Amendment 594 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 4 a (new)
4 a. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall make APIs available for the purpose of interoperability. These APIs shall ensure, where technically feasible, that third-party services can enjoy the same functional equivalence as first-party services.
2022/11/11
Committee: IMCO
Amendment 597 #

2022/0047(COD)

Proposal for a regulation
Article 26 – paragraph 4 b (new)
4 b. The requirements set out in this chapter shall not require a provider of cloud computing services to: a) develop new technologies or services; b) disclose or transfer proprietary or confidential data or technology that is protected as a trade secret or by other property rights, to the customer or to another provider of cloud computing services;or c) engage in, facilitate or enable anti- competitive behaviour.
2022/11/11
Committee: IMCO
Amendment 598 #

2022/0047(COD)

Proposal for a regulation
Article 26 a (new)
Article 26 a Withdrawal of interoperability charges 1. From [date X] onwards, providers of data processing services shall not impose charges for the interoperability process in excess of the costs incurred by the provider of data processing services that are directly linked to the interoperability process concerned. 2. The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation in order to introduce a monitoring mechanism for the Commission to monitor interoperability charges imposed by data processing service providers on the market to ensure that the limitation of interoperability charges as described in paragraph 1 of this Article will be attained in accordance with the deadline provided in the same paragraph.
2022/11/11
Committee: IMCO
Amendment 606 #

2022/0047(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Upon request by a user, or by a party acting on behalf of a user, the data holder shall make available the data generated by the use of a connected product or related service to a third party, without undue delay, free of charge to the user, of the same quality as is available to the data holder and, where applicain accordance with Articles 8 and 9, provided that the third party and its ultimate parent have their registered seat in the European Union, without undue delay, free of charge to the user, of the same quality as is available to the data holder easily, securely, in a structured, commonly used and machine readable format and, where technically feasible, continuously and in real-time.
2022/11/14
Committee: ITRE
Amendment 613 #

2022/0047(COD)

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
OData holders and operators ofwithin data spaces shall comply with, the following essential requirements to facilitate interoperability of data, data sharing mechanisms and services:
2022/11/11
Committee: IMCO
Amendment 625 #

2022/0047(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. Operators ofwithin data spaces and data holders that meet 3. the harmonised standards or parts thereof published by reference in the Official Journal of the European Union shall be presumed to be in conformity with the essential requirements referred to in paragraph 1 of this Article, to the extent those standards cover those requirements.
2022/11/11
Committee: IMCO
Amendment 629 #

2022/0047(COD)

Proposal for a regulation
Article 29 – title
Interoperability and portability for data processing services
2022/11/11
Committee: IMCO
Amendment 630 #

2022/0047(COD)

Proposal for a regulation
Article 29 – paragraph 1 – introductory part
1. Open interoperability and portability specifications and European standards for the interoperability of data processing services shall:
2022/11/11
Committee: IMCO
Amendment 634 #

2022/0047(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point a
(a) be performance oriented towards achieving interoperability and portability between different data processing services that cover the same service type;
2022/11/11
Committee: IMCO
Amendment 636 #

2022/0047(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point b
(b) enhance interoperability and portability of digital assets between different data processing services that cover the same service type;
2022/11/11
Committee: IMCO
Amendment 643 #

2022/0047(COD)

Proposal for a regulation
Article 29 – paragraph 2 – introductory part
2. Open interoperability specifications and European standards for the interoperability and portability of data processing services shall address:
2022/11/11
Committee: IMCO
Amendment 647 #

2022/0047(COD)

Proposal for a regulation
Article 29 – paragraph 5
5. For the purposes of Article 26(3) of this Regulation, the Commission shall be empowered to adopt delegated acts, in accordance with Article 38, to publish the reference of open interoperability specifications and European standards for the interoperability and portability of data processing services in central Union standards repository for the interoperability and portability of data processing services, where these satisfy the criteria specified in paragraph 1 and 2 of this Article.
2022/11/11
Committee: IMCO
Amendment 660 #

2022/0047(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point c
(c) make the data available it receives to another third party, in raw, aggregated or derived form, unless this is necessary to provide the service requested by the user;
2022/11/14
Committee: ITRE
Amendment 662 #

2022/0047(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point c – point 1 (new)
1) this is necessary to provide the service requested by the user; and
2022/11/14
Committee: ITRE
Amendment 663 #

2022/0047(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point c – point 2 (new)
2) the third party and its ultimate parent have their registered seat in the European Union.
2022/11/14
Committee: ITRE
Amendment 8 #

2021/2202(INI)

Motion for a resolution
Citation 16 a (new)
— having regard to the three thematic publications of the European Commission and of the Association of European Border Regions “More and better cross-border public services”10a ; “vibrant cross-border labour markets”10b; “border regions for the European Green Deal”10c, _________________ 10a https://data.europa.eu/doi/10.2776/912236 10b https://data.europa.eu/doi/10.2776/094950 10c https://data.europa.eu/doi/10.2776/475773
2022/05/05
Committee: REGI
Amendment 9 #

2021/2202(INI)

Motion for a resolution
Citation 16 b (new)
— having regard to the report of the European Commission and of the Association of European Border Regions “b-solutions: solving border obstacles. A Compendium 2020-2021"11a, _________________ 11a https://data.europa.eu/doi/10.2776/625110
2022/05/05
Committee: REGI
Amendment 12 #

2021/2202(INI)

Motion for a resolution
Recital B
B. whereas border regions, especially those with a low population density, tend to experience more unless favourable development conditions and are generally less economically successful than other regions within Member States, and whereas their economic potential is not being fully tapped;
2022/05/05
Committee: REGI
Amendment 16 #

2021/2202(INI)

Motion for a resolution
Recital E
E. whereas the COVID-19 pandemic has shown how fragile and interdependent Europe’s cross-border regions are and paralysed manyunveiled cross-border regions’ exposure to detrimental disruptions of the Single Market and to the paralysis of public services, especially in healthcare settings, and whereas the pandemic has also disrupted the free movement of goods and essential medical equipment following the closure of national borders;
2022/05/05
Committee: REGI
Amendment 20 #

2021/2202(INI)

Motion for a resolution
Recital F a (new)
F a. whereas border regions would benefit from a supranational legal instrument capable of circumventing negative externalities that might arise from the deliberate actions of Member States to fragment the Single Market;
2022/05/05
Committee: REGI
Amendment 23 #

2021/2202(INI)

Motion for a resolution
Recital H a (new)
H a. whereas the conclusion of Partnership Agreements in the context of the 2021-2027 Cohesion Policy is lagging behind, undermining the allocation of vital resources in the territories in need ;
2022/05/05
Committee: REGI
Amendment 25 #

2021/2202(INI)

Motion for a resolution
Recital I
I. whereas the EU also has maritime cross-border regions in the shape of islands in the Mediterranean and outermost regions in the Atlantic and Indian oceans; whereas the geographic remoteness of some European islands, coupled with their condition as border regions, exposes them to a combination of constraints in the labour market, in the field of transportation and healthcare which severely hampers their growth potential;
2022/05/05
Committee: REGI
Amendment 42 #

2021/2202(INI)

Motion for a resolution
Paragraph 4
4. Welcomes the progress the Commission has made thus far in implementing its 2017 action plan, in particular via the ‘b-solutions’ initiative – which has made it possible to provide legal and administrative support to authorities in border authoritieregions and to resolve 90 cases involving barriers to interaction – and via the support provided to improve access to employment, promote multilingualism in border areas and pool healthcare facilities;
2022/05/05
Committee: REGI
Amendment 44 #

2021/2202(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Calls on the EU institutions and on Member States to raise awareness among cross-border regions about the possibility to receive support from the European Commission under the b- solutions initiative; underlines that sharing knowledge about successful b- solutions might contribute to solve and prevent the emergence of new administrative and legal barriers;
2022/05/05
Committee: REGI
Amendment 45 #

2021/2202(INI)

Motion for a resolution
Paragraph 4 b (new)
4 b. Underlines, however, that b- solutions alone cannot represent an appropriate and effective response to the legal and administrative barriers affecting border regions;
2022/05/05
Committee: REGI
Amendment 47 #

2021/2202(INI)

Motion for a resolution
Paragraph 5
5. Recognises the important role that macro-regions and Euroregions play in promoting collective interests and in cross- border cooperation; calls on the Commission to initiate an in-depth assessment of Macro-regional strategies, with the purpose of evaluating their coherence with the renewed environmental and digital priorities of the European Union;
2022/05/05
Committee: REGI
Amendment 51 #

2021/2202(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Notes that in 2018 the European Commission issued a proposal for a Regulation on a mechanism to resolve legal and administrative obstacles in a cross-border context15a , better known as European Cross-Border Mechanism (ECBM); _________________ 15ahttps://eur-lex.europa.eu/legal- content/EN/TXT/?uri=COM%3A2018%3 A373%3AFIN
2022/05/05
Committee: REGI
Amendment 54 #

2021/2202(INI)

Motion for a resolution
Paragraph 6 b (new)
6 b. Recalls that this mechanism aims to facilitate cooperation between cross- border regions on joint projects of a different nature (infrastructure, healthcare, labour, etc.) by allowing one of them to apply the legal provisions of the neighbouring Member State if the application of its own laws presents legal obstacles;
2022/05/05
Committee: REGI
Amendment 55 #

2021/2202(INI)

Motion for a resolution
Paragraph 7
7. Emphasises that the regulation on a European cross-border mechanism (ECBM)ECBM, as proposed by the Commission, would have contributed to removed more than 50 % of the barriers concerned, including those resulting from the lack of cross-border public transport, and limited access to employment, education, cultural and leisure services; with that in mind, deeply regrets the fact that the legislative procedure relating to the ECBM has been blocked by the Council;
2022/05/05
Committee: REGI
Amendment 56 #

2021/2202(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Recalls that the ECBM proposal was supported by a wide majority in Parliament, as shown by the 2019 Parliament’s first reading vote15b, and by the Plenary debate following the oral question to the Council in October 2021; _________________ 15b https://www.europarl.europa.eu/doceo/doc ument/TA-8-2019-0118_EN.html
2022/05/05
Committee: REGI
Amendment 59 #

2021/2202(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission to amend the current proposal, taking into account the conclusions of the Council’s Legal Service and lookingand Parliament's Legal Services, with a view to strike a balance between the co- legislators’ respective positions;
2022/05/05
Committee: REGI
Amendment 63 #

2021/2202(INI)

Motion for a resolution
Paragraph 9
9. Emphasises that alongside the damage caused by COVID-19, border regions are also having to dealconfronted with the consequences of Brexit, which are creating new barriers to free trade and causing serious disruption to cross-border trade between the EU and the UK, making life more difficult for businesses and citizens in border regions; welcomes, in that regard, the agreement reached on the Brexit Adjustment Reserve to provide financial and legal support to Member States and regions affected by Brexit;
2022/05/05
Committee: REGI
Amendment 66 #

2021/2202(INI)

Motion for a resolution
Paragraph 10
10. Notes with interest that the public consultation on overcoming border obstacles conducted by the Commission in 2020 showed that the main problem experienced by people living in border areas wasere, among others, the lack of reliable cross-border public transport services, the lack of digital services and their limited cross-border interoperability, obstacles directly due to language differences, obstacles related to the legislative processes, and to economic disparities;
2022/05/05
Committee: REGI
Amendment 74 #

2021/2202(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Calls on the Commission to carry out an in-depth analysis, gathering specific assessments and comparative statistics, on the socio-economic circumstances of cross-border SMEs;
2022/05/05
Committee: REGI
Amendment 75 #

2021/2202(INI)

Motion for a resolution
Paragraph 14 b (new)
14 b. Points out that, according to the 8th Cohesion Report, Interreg indicators show that only 68% of the 2023 targets for cross-border labour mobility had been met by the end of 2020, while in other areas the targets had been reached up to 495%; encourages the Member States to continue on this path in order to achieve the 2023 targets;
2022/05/05
Committee: REGI
Amendment 87 #

2021/2202(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Notes that most barriers hindering cross-border employment are legal in nature, arising from diverging national laws or general EU laws; urges the three institutions to agree as soon as possible on a EU framework allowing border regions to overcome such legal obstacles;
2022/05/05
Committee: REGI
Amendment 93 #

2021/2202(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Recalls that natural catastrophes occurred in 2021 affected several border regions in Belgium, France, Luxembourg, the Netherlands, and Germany; notes that an enhanced cross-border cooperation in information sharing, exchange of best practices, and joint civil protection operations could ensure a more effective and prompt reaction;
2022/05/05
Committee: REGI
Amendment 98 #

2021/2202(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Underlines that the development of new public transport infrastructure should comply with sustainability and cost-efficiency requirements; calls therefore for the timely allocation of the Just Transition Fund to ensure an active role of border regions in the achievement of the goals of the Green Deal;
2022/05/05
Committee: REGI
Amendment 31 #

2021/2185(INI)

Draft opinion
Paragraph 4
4. Underlines that current merger control rules are not fit for dealing withshould take so-called ‘killer acquisitions’ by dominant players in digital marketsthe single market into account; stresses the fact that ‘killer acquisitions’ may also affect the contestability and fairness of the digital single market and therefore should be assessed by the Commission in the framework of the DMA, as set out in IMCO’s report;
2022/01/13
Committee: IMCO
Amendment 39 #

2021/2185(INI)

Draft opinion
Paragraph 5
5. Notes that the consumer Internet of Things (IoT) sector will expand significantly in the coming years but recognises that shortcomings still exist in this sector, such as the lack of interoperability between various IoT products and/or services, which could reduce competition and consumer choice; welcomes the Commission’s sector inquiry into the IoT and calls on the Commission to take further action regarding standards, data portability and access;
2022/01/13
Committee: IMCO
Amendment 42 #

2021/2185(INI)

Draft opinion
Paragraph 6
6. Notes that the Vertical Block Exemption Regulation1 and related Vertical Guidelines2 have been inadequately adapted for recent market developments, notably the growth of online sales and online platforms; highlights that there are outstanding concerasks the Commission to ens uregarding the automobile sector, where manufacturers are competing directly with the distribution network by modifying the contractual terms of the vertical distribution relationship, thereby placing them at a competitive disadvantage and driving small and medium-sized enterprises out of the market; that any future revision takes the abuse of selective distribution agreements, labelling and other measures to prevent the purchase, distribution and resale of goods across borders into account. _________________ 1 Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (OJ L 102, 23.4.2010, p. 1). 2 OJ C 130, 19.5.2010, p. 1.
2022/01/13
Committee: IMCO
Amendment 47 #

2021/2185(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Notes the continued use of different national product codes and serial numbers for the same or virtually identical products in order to prevent cross-border comparisons of prices and purchase; believes that this has a direct negative effect on consumers and asks the Commission to assess this matter further;
2022/01/13
Committee: IMCO
Amendment 62 #

2021/2185(INI)

Draft opinion
Paragraph 8
8. Calls on the Commission to adaptensure competition rules and ensure theirpolicy enforcement in the energy sector to facilitate the creation of industrial giants capable of competing in global markets and to protect the security of energy supplies in the European Union, thus reducing price volatility and combating the rise in energy prices, which accounts for around half of the increase in the inflation rate;
2022/01/13
Committee: IMCO
Amendment 64 #

2021/2185(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Stresses the need for competition policy to support SMEs in Europe and to prevent the consolidation of market dominance in the hands of a few large European and international companies; underlines that the single market depends not only on competition at the international level, but also inside the single market itself;
2022/01/13
Committee: IMCO
Amendment 72 #

2021/2185(INI)

Draft opinion
Paragraph 9
9. Highlights the importance of tackling distortive foreign subsidies that are distortingharming the level playing field in the EU’s internal market and ; in this regard welcomes the proposed regulation on foreign subsidies, which is relevant in cases where, for example, a subsidised company intends to participatwill help to promote a fair and competitive sin EU public procurement procedures.gle market;
2022/01/13
Committee: IMCO
Amendment 19 #

2021/2048(REG)

Proposal for a decision
Paragraph 2 – point a
(a) the amendment to Rule 213(1), second last sentence, concerning the gender requirements for the Chair and the first Vice-Chair of committees, which shall enter into force at the opening of the first part-session following the next elections to the European Parliament due to be held in 2024;deleted
2021/06/01
Committee: AFCO
Amendment 21 #

2021/2048(REG)

Parliament's Rules of Procedure
Rule 213 – paragraph 1
1. At the first committee meeting after the appointment of committee members pursuant to Rule 209, and again two and a half years thereafter, the committee shall elect a bureau consisting of a Chair and of Vice-Chairs from among its full members in separate ballots. The number of Vice- Chairs to be elected shall be determined by Parliament upon a proposal by the Conference of Presidents. The diversity of Parliament must be reflected in the composition of the bureau of each committee; it shall not be permissible to have an . The Chair and the first Vice- Chair of a committee shall be of different genders. Gender balance shall male or all femalso apply to the other members of the bBureau or for all of the Vice-Chai.. It shall not be permissible for all bureau members to come from the same Member State.
2021/06/01
Committee: AFCO
Amendment 27 #

2021/2043(INI)

Motion for a resolution
Recital D a (new)
D a. whereas fragmentation, restrictive national regulations, red-tape and gold- plating are creating unjustified barriers within the single market which deprive citizens of jobs, consumers of choices, and entrepreneurs of opportunities;
2021/09/08
Committee: IMCO
Amendment 36 #

2021/2043(INI)

G a. whereas the Professional Qualifications Directive is a key instrument to ensure the proper functioning of the single market but the lack of automatic recognition instruments for qualifications and skills between Member States is impeding the mobility of professionals and thereby creating unjustified barriers to the freedom of movement;
2021/09/08
Committee: IMCO
Amendment 53 #

2021/2043(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Points out that the price for inadequate implementation is paid by both businesses and consumers and encourages the Commission to prioritise adequate enforcement actions;
2021/09/08
Committee: IMCO
Amendment 75 #

2021/2043(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Regrets that Member States frequently use overriding reasons of public interest to isolate their domestic markets; highlights that requirements such as unfounded territorial restrictions, unnecessary language requirements and economic needs tests create unjustified barriers within the single market and calls on the Commission to improve the monitoring of Member States in this regard;
2021/09/08
Committee: IMCO
Amendment 77 #

2021/2043(INI)

Motion for a resolution
Paragraph 5 b (new)
5 b. Highlights that the rule of law must be upheld under any circumstances and reminds Member States of their legal notification obligations;
2021/09/08
Committee: IMCO
Amendment 84 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point a a (new)
a a) inadequate enforcement of EU legislation as well as long and complex procedures to resolve breaches of EU law, which result in barriers faced by businesses remaining unaddressed;
2021/09/08
Committee: IMCO
Amendment 102 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Stresses that the most effective way to reduce fragmentation of the single market and to avoid gold-plating is to aim for further harmonisation in the single market; stresses that this harmonisation should not lead, however, to more regulatory burden for companies;
2021/09/08
Committee: IMCO
Amendment 119 #

2021/2043(INI)

Motion for a resolution
Paragraph 9
9. Recognisegrets the insufficient use of the notification procedure under the Services Directive and the TRIS notification system (Directive (EU) 2015/1535); calls on Member States to fulfil their notification obligations; calls on the Commission to reflect on improvinge this framework, possibly by means of a new initiative which would increase clarity and transparency on the measures that need to be notified, while remaining cautious in order to not undermine the Services Directive and avoiding the situation which led to the withdrawal of the previous proposal;
2021/09/08
Committee: IMCO
Amendment 132 #

2021/2043(INI)

Motion for a resolution
Paragraph 12
12. ConsiderRegrets that mutual recognition of professional qualification is seriously afferestricted by administrative barriers imposed by Member States; underlines that the automatic mutual recognition of diplomas, qualifications, skills and competences between Member States would strengthen the free movement of workers and services and urges Member States to extend mutual recognition to all levels of education and training and to improve or introduce the necessary procedures for that as soon as possible; encourages the Commission to eliminate undue restrictions on professional qualifications and to remain vigilant in pursuing infringement policies where Member States do not comply with EU legislation on the recognition of qualifications;
2021/09/08
Committee: IMCO
Amendment 139 #

2021/2043(INI)

Motion for a resolution
Paragraph 13
13. Is concerned by the insufficient access to information on mobility of services, as well as by the burdensome procedures in certain Member States to obtain essential documents such as the A1 form; calls on Member States to commit to providing the A1 form at short notice and, where possible, digitally; underlines that access to information, such as on domestic collective agreements where universally applicable and relevant, is obligatory under Directive 2014/67/EC and should be improved to facilitate compliance for businesses, this information should be available via the single digital gateway; calls on Member States to avoid creating disproportionate burdens for companies in the implementation of posting legislation and on the Commission to further harmonise existing rules;
2021/09/08
Committee: IMCO
Amendment 152 #

2021/2043(INI)

Motion for a resolution
Paragraph 14
14. Recognises that numerous barriers stem from the limited capacity of administrations to deliver high quality services in cross-border settings; calls on the Commission to promote the use of digital tools and urges Member States to commit fully to the digitalisation of public services; believes that digitalisation of public services and fully-fledged eGovernment capabilities remain essential to eradicate some of the onerous NTBs; recalls, in this regard, that the key provisions of the single digital gateway had to be in force in all EU Member States by 12 December 2020; underlines the importance of the ‘digital-by-default’ and ‘once only’ principles, which will save citizens and businesses time and money, in particular if used more widely; welcomes the proposal to add a single market obstacles tool to the single digital gateway;
2021/09/08
Committee: IMCO
Amendment 156 #

2021/2043(INI)

Motion for a resolution
Paragraph 15
15. Reiterates its repeated calls to speed upgrets that the implementation and broadenof the sSingle dDigital gGateway so as to provide to all users acis moving slowly; calls on Member States to dedicate sufficient resourcess to comprehensive information on single market rules and administrative procedures through a one- stop-shopswiftly implementing the Single Digital Gateway in an SME-friendly way by providing user-centered information on single market rules and administrative procedures in order to make it a virtual one-stop shop as far as possible; calls on Member States and the Commission to extend the scope of the Single Digital Gateway to all business relevant administrative procedures;
2021/09/08
Committee: IMCO
Amendment 159 #

2021/2043(INI)

Motion for a resolution
Paragraph 16
16. Welcomes the Commission proposal to make SOLVIT the default tool for single market dispute resolution; Highlights the potential of making SOLVIT the default tool for single market dispute resolution; notes that despite awareness-raising activities by the Commission and Member States, SOLVIT is still unknown to many citizens and businesses; stresses that further measures should be taken by the Commission and Member States to increase its profile; notes that SOLVIT is based on recommendation rather than law and cannot make legally binding decisions; underlines that substantial improvements can be made to SOLVIT’s operations; regrets that some Member States fail to ensure adequate and stable staffing, continuity of service and an adequate level of knowledge of EU law in their SOLVIT centres as requested by the Commission in its Communication COM(2017) 255 final; notes that before giving SOLVIT more responsibilities, it must be ensured that Member States allocate sufficient resources to it;
2021/09/08
Committee: IMCO
Amendment 167 #

2021/2043(INI)

Motion for a resolution
Paragraph 17
17. Stresses that the international road haulage sector is subject to a number of NTBs restricting access to national markets, which limit its competitiveness, discriminate against transport companies from certain Member States and increase emissions; calls on Commission and Member States to abolish unnecessarpply restrictions on cabotage, and calls for the opening of the only when necessary, and calls for a fair and open freight and passenger transport services sector within the EU;
2021/09/08
Committee: IMCO
Amendment 172 #

2021/2043(INI)

Motion for a resolution
Paragraph 18
18. Welcomes in principle the Single Market Enforcement Taskforce (SMET), which aims to assess compliance of national law with single market rules and to prioritise the most pressing barriers; points out that the SMET should not just identify problems, but also provide solutions; calls on Commission and Member States to ensure the inclusion of stakeholders in the workings of SMET;
2021/09/08
Committee: IMCO
Amendment 175 #

2021/2043(INI)

Motion for a resolution
Paragraph 19
19. Recalls that so far the Commission’s plan to step up enforcement of EU law by means of the SMET has only delivered limited results; calls on the Commission to present in due time concrete outcomes of the work of SMET, including information on barriers that have been abolished as a result of its actionsregrets that SMET lacks transparency in its ways of work; calls on Commission and Member States to ensure that SMET publishes lists of participants, agendas and minutes of its meetings on the Commission website; notes that the Commission in its “long term action plan for better implementation and enforcement of single market rules” (COM(2020) 94 final) stated that “the SMET will regularly inform the Competitiveness Council and the European Parliament’s Internal Market and Consumer Protection Committee”; urges on the Commission to present concrete outcomes of the work of SMET, including information on barriers that have been abolished as a result of its actions, by the end of 2021; calls on Commission and Member States to publish an annual report about the workings of SMET and deliver it to the European Parliament’s Committee on the Internal Market and Consumer Protection and the Competitiveness Council;
2021/09/08
Committee: IMCO
Amendment 203 #

2021/2043(INI)

Motion for a resolution
Paragraph 24 a (new)
24 a. Urges Member States to set annual national targets for the eradication of non-tariff and non-tax barriers; recommends the Commission to use the Single Market Scoreboard to rank Member States according to their intra- EU trade openness, as exemplified in the European Innovation Scoreboard, since this would encourage credible, concrete and measurable commitments to remove remaining obstacles in the single market;
2021/09/08
Committee: IMCO
Amendment 210 #

2021/2043(INI)

Motion for a resolution
Paragraph 25
25. Recalls that the initial response to the pandemic by Member States and the Commission did not take into account the needs of the single market, and recalls the serious impact this has had on the free cross-border movement of persons, goods and services;
2021/09/08
Committee: IMCO
Amendment 212 #

2021/2043(INI)

Motion for a resolution
Paragraph 26
26. Welcomes the NextGenerationEU recovery package, the EU guidelines for border management, transport green lanes, the EU Digital COVID Certificate to facilitate free movement, and further measures which aim to allow the single market to operate normally; regrets that some Member States have introduced additional travel restrictions such as quarantine for some holders of the Digital Green Certificate; notes that these restrictions are particularly burdensome for cross-border and posted workers;
2021/09/08
Committee: IMCO
Amendment 214 #

2021/2043(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. Welcomes the Commission’s proposal to present a Single Market Emergency Instrument; calls on the Commission to develop it as a legally binding structural tool to ensure the free movement of persons, goods and services in case of future crises;
2021/09/08
Committee: IMCO
Amendment 16 #

2021/2025(INI)

Draft opinion
Paragraph 2
2. Recalls that the Commission’s report is a partial response to the Council’s failure to trigger the procedure under Article 7(1) of the Treaty on European Union (TEU), as requested by the Commission in 2017 and Parliament in 2018Parliament´s report on EU mechanism on democracy, the rule of law and fundamental rights (2015/2254(INL)1a ; regrets that the Council has failed to resume hearings under Article 7 of the TEU since December 2019; notes that the failure to apply Article 7 of the TEU, also due to the requirement of unanimity for the sanctions mechanism, enables continued divergence from the values enshrined in Article 2 of the TEU; and weakens one of the most important instruments of the Union´s rule of law toolbox; _________________ 1aEuropean Parliament resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (2015/2254(INL))
2021/04/22
Committee: AFCO
Amendment 23 #

2021/2025(INI)

Draft opinion
Paragraph 3
3. RegretUnderlines that the report is a first step to reply to Parliament´s requests but fails to fully address all Union values set out in Article 2 of the TEU, such as democracy and fundamental rights; reiterates the need to have a single monitoring system for democracy, the rule of law and fundamental rights, as proposed by Parliament1 ; calls on the Council and the Commission to engage in discussions to set up such a mechanism via an interinstitutional agreement; _________________ 1European Parliament resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (texts adopted, P9_TA(2020)0251).
2021/04/22
Committee: AFCO
Amendment 30 #

2021/2025(INI)

Draft opinion
Paragraph 4
4. Welcomes the methodology of the report, which focuses on four pillars: independence of the judiciary, the anti- corruption framework, media pluralism, and checks and balances; invites the Commission to include in the next editions an assessment of how the right to a fair trial is guaranteed in Member States, with particular attention paid to the right of defence, the fight against impunity and equality between prosecution and defence parties; believes that the report should go beyond monitoring and include preventive and corrective elements with a clear outline of enforcement measuresinvites the Commission to include in future reports data related to the level of compliance of Member States with CJEU rulings and to signal the cases of resistance to apply them;
2021/04/22
Committee: AFCO
Amendment 33 #

2021/2025(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Stresses that the report of the Council of Europe 'Space' committee, which conducts a yearly assessment of prison systems in member states, found that Italy has the highest overcrowding rate amongst EU countries with 120 inmates for every 100 places; Notes that the slowness of civil criminal and administrative judicial procedures are now common practice, which, as the Committee of Ministers of the Council of Europe has emphasized over time, "constitute a major danger, in particular for the respect of the rule of law". Calls on the Commission to include in its report on the Rule of Law an evaluation of prison conditions, judicial backlogs and the average duration of trials for each Member State. Recommends when possible alternative measures such as parole, suspended and reduced sentences, probation and court supervision, and when relevant amnesties.
2021/04/22
Committee: AFCO
Amendment 37 #

2021/2025(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Believes that the report should go beyond monitoring and include clear recommendations regarding preventive and corrective actions that must be adopted by concerned Member;
2021/04/22
Committee: AFCO
Amendment 40 #

2021/2025(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Calls on the Commission to further invest in tools for the collection and analysis of data, ensure the diversity of relevant information sources and ensure transparency about methodology and criteria when including or excluding facts, so as to further substantiate the findings in future reports;
2021/04/22
Committee: AFCO
Amendment 47 #

2021/2025(INI)

Draft opinion
Paragraph 5
5. Calls on the Commission to use all tools at its disposal to counter violations of EU values, such as infringement procedures, including expedited procedures, actions to ensure compliance with the judgments of the Court of Justice and applications for interim measures before the Court; welcomes the new rule of law conditionality mechanism and asks that it be fully enforced, without delay, with regard to all EU funds, including Next Generation EU;
2021/04/22
Committee: AFCO
Amendment 50 #

2021/2025(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Calls on the Commission to develop proposals to further strengthening of the Rule of Law toolbox if, despite the current instruments and efforts, significant violations of the values enshrined in Article 2 of the TEU persist; proposes to expand the scope of the non- discrimination clause in the European Charter of Fundamental Rights, and to render it universal, to enable the enforcement of the Rule of Law in Member States and the Union consistent with article 14 of the European Human Rights Convention; calls, in the meantime, on all EU institutions to give the non-discrimination clause the broadest possible legal interpretation;
2021/04/22
Committee: AFCO
Amendment 129 #

2021/2025(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Notes that the slowness of civil, criminal and administrative judicial procedures are now common practice, which, as the Committee of Ministers of the Council of Europe has emphasized over time, "constitute a major danger, in particular for the respect of the rule of law"; calls on the Commission to include in its report on the Rule of Law an evaluation of prison conditions, judicial backlogs and the average duration of trials for each Member State; recommends, when possible, alternative measures such as parole, suspended and reduced sentences, probation and court supervision, and when relevant amnesties;
2021/04/26
Committee: LIBE
Amendment 38 #

2021/2018(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. In this regard the Regulation should be amended to clarify that the respect for EU fundamental values should apply to both the EUPP itself as well as its member parties.
2021/09/02
Committee: AFCO
Amendment 115 #

2021/2018(INI)

Motion for a resolution
Paragraph 25
25. Is of the opinion that the introduction of a general obligation to report publicly on any donation received regardless of its value would make any external influences on European political parties more transparentstrengthened scrutiny by the Authority of reported aggregate donations under 500 Euros would make any external influences on European political parties more transparent; the Authority should focus such scrutiny to cases where it observes significant and sudden increases in the aggregate number of small donations;
2021/09/02
Committee: AFCO
Amendment 121 #

2021/2018(INI)

Motion for a resolution
Paragraph 26
26. Is, moreover, of the opinion that in order to strengthen the transparency of funding, donations by the same donor to a European political party, its national member parties and their regional substructures should be considered to be a single donation and subject to publication by the European political parAuthority;
2021/09/02
Committee: AFCO
Amendment 130 #

2021/2018(INI)

Motion for a resolution
Paragraph 28
28. Proposes that the distribution of Union funds be based on the number of votes received by the European political parties in the last European elections, while ensuring that any significant reduction in the allocations to which a European political party is entitled in the run-up to the 2024 elections resulting from the introduction of such a system are fully taken into account and addressed;deleted
2021/09/02
Committee: AFCO
Amendment 80 #

2021/0420(COD)

Proposal for a regulation
Recital 9 a (new)
(9 a) Active modes infrastructure should be improved and existing barriers for active modes removed throughout the TEN-T network. Active modes, such as walking and cycling, contribute to the European Union’s climate goals, improve public health, provide economic benefits and alleviate congestion on the road and rail network.
2022/05/06
Committee: IMCO
Amendment 81 #

2021/0420(COD)

Proposal for a regulation
Recital 10
(10) In order to achieve a high-quality and efficient transport infrastructure across all modes, the development, maintenance and upgrading of the trans- European transport network should take into account the security and safety of passengers and freight movements, the contribution to climate change and the impact of climate change and of potential natural hazards and human-made disasters on infrastructure and accessibility for all transport users, especially in regions that are particularly affected by the negative impacts of climate change.
2022/05/06
Committee: IMCO
Amendment 82 #

2021/0420(COD)

Proposal for a regulation
Recital 10 a (new)
(10 a) As signatories to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the European Union and all Member States are legally obliged to ensure that persons with disabilities have access, on an equal basis with others, to transport and the built environment (Article 9). Acknowledging that millions of persons with disabilities experience barriers to use transport, the European Commission has included the revision of the TEN-T Guidelines in its list of actions under aim 2. “Accessibility – an enabler of rights, autonomy and equality” of the Strategy for the Rights of Persons with Disabilities 2021-2030. Finally, with its Sustainable and Smart Mobility Strategy, the EU has committed to “making mobility fair and just for all” (Flagship 9), including by improving accessibility for passengers with disabilities. It notes that transport proposals under the Strategy must be compliant with the Strategy for the Rights of Persons with Disabilities 2021-2030.
2022/05/06
Committee: IMCO
Amendment 86 #

2021/0420(COD)

Proposal for a regulation
Recital 51
(51) As an effective single framework for tackling urban mobility challenges, urban nodes should develop a Sustainable Urban Mobility Plan (SUMP), which is a long-term, all-encompassing integrated freight and passenger mobility plan for the entire functional urban area22 . It should include objectives, targets and indicators underpinning the current and future performance of the urban transport system, at minimum, on greenhouse gas emissions, congestion, accidents and injuries, modal share and access to mobility services, as well as data on air and noise pollution in cities. The SUMPs and the data should be published to allow proper scrutiny of civil society. __________________ 22 The SUMP concept was first proposed in the 2013 EU Urban mobility package (COM(2013)913 final, Annex I)
2022/05/06
Committee: IMCO
Amendment 90 #

2021/0420(COD)

Proposal for a regulation
Recital 70
(70) The technical basis of the maps specifying the trans-European transport network is provided by the interactive geographical and technical information system for the trans-European transport network (TENtec). Member States should also provide data on accessibility and maintenance to improve public scrutiny.
2022/05/06
Committee: IMCO
Amendment 93 #

2021/0420(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point a – point i
(i) promotion of zero-emission mobility, including active modes, in line with the relevant Union CO2 reduction targets;
2022/05/06
Committee: IMCO
Amendment 95 #

2021/0420(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) the taking into account of possible synergies with other networks, in particular the trans-European energy or telecommunication networks, or EuroVelo, the European cycle route network;
2022/05/06
Committee: IMCO
Amendment 99 #

2021/0420(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
(h a) improve active modes infrastructure and remove existing barriers for active modes.
2022/05/06
Committee: IMCO
Amendment 100 #

2021/0420(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point i a (new)
(i a) improving active modes infrastructure and removing existing barriers for active modes.
2022/05/06
Committee: IMCO
Amendment 101 #

2021/0420(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point e a (new)
(e a) does not constitute a barrier to active modes; at least twice as many safe, accessible and comfortable crossings across the line tracks shall be provided for active modes as for motorised vehicles.
2022/05/06
Committee: IMCO
Amendment 105 #

2021/0420(COD)

Proposal for a regulation
Article 16 – paragraph 5 – point b a (new)
(b a) Until 31 December 2040, in Member States where no separate lines for rail passenger and rail freight transport are available, as a derogation from Article 15(2), point (d), Member States are considered to enable, without special permission, the operation of freight trains with a train length of at least 740 m (including the locomotive(s)) if at least the following conditions are complied with: (i) on double track lines, at least 50% of the train paths for freight trains per day, and not less than two train paths on average per hour and direction, can be allocated to freight trains with a length of at least 740 m; (ii) on single track lines, at least one train path per two hours and direction can be allocated to freight trains with a length of at least 740 m.
2022/05/06
Committee: IMCO
Amendment 107 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) ERTMS is equipped, while ensuring a synchronised and harmonised ERTMS deployment trackside and on board of trains;
2022/05/06
Committee: IMCO
Amendment 110 #

2021/0420(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point f
(f) when building or upgrading railway infrastructure, ensure the continuity and accessibility of pedestrian and cycling paths well as cycling connections and seek synergies for creating new pedestrian as well as cycling connections in order to promote the active modes of transport;
2022/05/06
Committee: IMCO
Amendment 111 #

2021/0420(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point g a (new)
(g a) providing accessible active modes infrastructure alongside rail lines and within civil engineering structures such as bridges or tunnels.
2022/05/06
Committee: IMCO
Amendment 112 #

2021/0420(COD)

Proposal for a regulation
Article 21 – paragraph 2 a (new)
2 a. Member States shall ensure that rivers and canals do not constitute barriers to active modes; at least twice as many safe, accessible and comfortable crossings across the inland waterway shall be provided for active modes as for motorised vehicles.
2022/05/06
Committee: IMCO
Amendment 113 #

2021/0420(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)
(e a) providing accessible active modes infrastructure alongside inland waterways and within civil engineering structures such as bridges.
2022/05/06
Committee: IMCO
Amendment 115 #

2021/0420(COD)

Proposal for a regulation
Article 25 – paragraph 2 – point a
(a) maritime ports of the comprehensive network will be connected with the rail and road, road and active modes infrastructure and, where possible, inland waterways, except where specific geographic or significant physical constraints prevent such connection;
2022/05/06
Committee: IMCO
Amendment 118 #

2021/0420(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point a – point x a (new)
(x a) infrastructure for active modes such pedestrian and cycle tracks, bridges or tunnels, including alternative routes for active modes.
2022/05/06
Committee: IMCO
Amendment 120 #

2021/0420(COD)

Proposal for a regulation
Article 29 – paragraph 1 – point h a (new)
(h a) active modes infrastructure is integrated in or provided as an alternative to the road network.
2022/05/06
Committee: IMCO
Amendment 123 #

2021/0420(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point d a (new)
(d a) active modes infrastructure is integrated in or provided as an alternative to the road;
2022/05/06
Committee: IMCO
Amendment 124 #

2021/0420(COD)

Proposal for a regulation
Article 29 – paragraph 2 – point d b (new)
(d b) the road does not constitute a barrier to active modes; at least twice as many safe, accessible and comfortable crossings across the road shall be provided for active modes as for motorised vehicles; in and next to built-up areas the distance between crossings for active modes shall not exceed 400 m.
2022/05/06
Committee: IMCO
Amendment 126 #

2021/0420(COD)

Proposal for a regulation
Article 31 – paragraph 1 – point b
(b) mitigation of congestion on existing roads, in particular through improving active modes infrastructure such as cycle highways, intelligent traffic management, including dynamic congestion charges or tolls varied based on the time of day, week or season;
2022/05/06
Committee: IMCO
Amendment 127 #

2021/0420(COD)

Proposal for a regulation
Article 31 – paragraph 1 – point d
(d) when building or upgrading road infrastructure, ensure the continuity and accessibility of pedestrian and cycling pathconnections and seek synergies or create new pedestrian and cycling connections in order to promote the active modes of transport.
2022/05/06
Committee: IMCO
Amendment 129 #

2021/0420(COD)

Proposal for a regulation
Article 31 – paragraph 1 – point d a (new)
(d a) providing accessible active modes infrastructure within civil engineering structures such as bridges or tunnels.
2022/05/06
Committee: IMCO
Amendment 131 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point b – point i
(i) adoption and publication of a sustainable urban mobility plan (SUMP) in line with Annex V that includes notably measures to integrate the different modes of transport, to promote efficient zero- emission mobility including sustainable and zero-emission urban logistics, to reduce air and noise pollution and that takes long-distance trans-European transport flows into consideration;
2022/05/06
Committee: IMCO
Amendment 132 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point b – point ii
(ii) collection and, submission to the Commission and publication in accordance with Directive (EU) 2019/1024 of the European Parliament and of the Council1a of urban mobility data per urban node covering at minimum greenhouse gas emissions, congestion, accidents and injuries, modal share and access to mobility service, as well as data on air and noise pollution. Thereafter these data shall be submitted every year; and published every year; __________________ 1a Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re- use of public sector information (OJ L 172, 26.6.2019, p. 56–83)
2022/05/06
Committee: IMCO
Amendment 133 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point c – point ii a (new)
(ii a) all destinations within the urban node to be safely reachable by active modes of transport;
2022/05/06
Committee: IMCO
Amendment 134 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point d
(d) by 31 December 2040: the development of at least one multimodal freight terminal allowing for sufficient transhipment capacity within or in the vicinity of the urban node. One terminal may serve more than one urban node, if capacity allows.
2022/05/06
Committee: IMCO
Amendment 135 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point d a (new)
(d a) compliance with the adopted sustainable urban mobility plans (SUMPs).
2022/05/06
Committee: IMCO
Amendment 136 #

2021/0420(COD)

Proposal for a regulation
Chapter IV – title
IV PROVISIONS FOR SMART, ACCESSIBLE AND RESILIENT TRANSPORT
2022/05/06
Committee: IMCO
Amendment 143 #

2021/0420(COD)

Proposal for a regulation
Article 48 – paragraph 1 – point d a (new)
(d a) any maintenance work that results in a limitation or non-availability of rail infrastructure is managed in accordance with Commission Delegated Decision (EU) 2017/20751a. __________________ 1a Commission Delegated Decision (EU) 2017/2075 of 4 September 2017 replacing Annex VII to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area (OJ L 295, 14.11.2017, p. 69–73)
2022/05/06
Committee: IMCO
Amendment 144 #

2021/0420(COD)

Proposal for a regulation
Article 49 – paragraph 1
1. Transport infrastructure shall allow seamless mobility and accessibility for all users, in particular people in situations of vulnerability including persons with disabilities or reduced mobility as well as, older persons, persons living in outermost regions and other remote, rural, insular, peripheral and mountainous regions as well as sparsely populated areas. 2. Member States shall carry out ex-ante assessments of the accessibility of infrastructure and of the services connected to it. 3. The design, construction, maintenance, and upgrade of transport infrastructure shall comply with Annex I and Annex III of Directive (EU) 2019/882 of the European Parliament and of the Council1a, and accessibility requirements laid down in other relevant Union law. __________________ 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70–115)
2022/05/06
Committee: IMCO
Amendment 155 #

2021/0420(COD)

Proposal for a regulation
Article 55 – paragraph 1
1. Member States shall inform the Commission on a regular, comprehensive and transparent basis about the progress made in implementing projects of common interest and the investments made for that purpose. This information shall include the yearly transmission of data through the interactive geographical and technical information system for the trans-European transport network (TENtec). It shall include technical and financial data concerning projects of common interest on the trans-European transport network, data related to accessibility of the TEN-T infrastructure and passenger services as well as data on the completion and maintenance of the trans- European transport network.
2022/05/06
Committee: IMCO
Amendment 160 #

2021/0420(COD)

Proposal for a regulation
Article 57 – paragraph 1
National procedures regarding the involvement and consultation of regional and local authoritieRelevant regional and local authorities, industrial partners, including SMEs, user representatives, accessibility experts and civil society concerned by a project of common interest shall be complied with, where appropriate,nsulted and enabled to meaningfully engage in the planning and construction phase of a project. The Commission shall facilitate this process in particular by promoteing the exchange of good practice in this regard, notably as regards the consultation and inclusion of people in situations of vulnerability.
2022/05/06
Committee: IMCO
Amendment 162 #

2021/0420(COD)

Proposal for a regulation
Article 62 – title
Delay in completion of the core network, the extended core network and the comprehensive network or lack of its maintenance
2022/05/06
Committee: IMCO
Amendment 163 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 1
1. In the event of significant delay in starting or completing work on the core network, extended core network and on the comprehensive network compared to the initial timeline set in implementing acts in accordance with Article 54 or defined in national transport and investment plans or other relevant project documentation or if there is evidence of non-compliance with the maintenance provisions in Article 48, the Commission may ask the Member State or Member States concerned to provide the reasons for the delay or lack of maintenance. Such reasons shall be provided by the Member State or Member States within three months of the request. On the basis of the reply given, the Commission shall consult the Member State or Member States concerned in order to resolve the problem that has caused the delay or lack of maintenance.
2022/05/06
Committee: IMCO
Amendment 164 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 2
2. In case the delayed or non- maintained section concerns a European Transport Corridor, the European Coordinator shall be involved in view of resolving the problem.
2022/05/06
Committee: IMCO
Amendment 165 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
The Commission may, after considering the reasons provided by the Member State or Member States concerned pursuant to the first subparagraph, adopt a decision addressed to the Member State or Member States concerned, finding that the significant delay in starting or completing the work on the core network, extended core network or on the comprehensive network or the lack of its maintenance is attributable to the Member State or Member States without an objective justification. The Commission shall give the Member State or Member States concerned 6 months to eliminate the significant delay or lack of maintenance.
2022/05/06
Committee: IMCO
Amendment 167 #

2021/0420(COD)

Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 2
In case the delayed or non-maintained section concerns a project supported with Union funds under direct management, a reduction of the amount of the grant and/or an amendment or termination of the grant agreement may be initiated in accordance with the applicable rules.
2022/05/06
Committee: IMCO
Amendment 169 #

2021/0420(COD)

Proposal for a regulation
Annex V – point 1
1. Goals and objectives: A Sustainable Urban Mobility Plan (SUMP) shall have as central goal improving accessibility of the functional urban area and providing high- quality, safe and sustainable low-emission mobility to, through and within the functional urban area. It shall notably support zero-emission mobility and the implementation of an urban transport system which contributes to a better overall performance of the trans-European transport network, in particular through the development of infrastructure for the seamless circulation of zero-emission vehicles as well as of multimodal passenger hubs to facilitate first and last mile connections and of multimodal freight terminals serving urban nodes. A SUMP shall also take into consideration commuter journeys to and from the urban area.
2022/05/06
Committee: IMCO
Amendment 148 #

2021/0381(COD)

Proposal for a regulation
Recital 4 a (new)
(4 a) Providers of advertising services which are intermediary service providers within the meaning of Regulation XXX [the DSA] involved in the presentation of political advertising on their interface or the interface of another service provider, including providers of programmatic advertising services, should establish, implement and publish tailored policies and measures to prevent the placement of political advertising together with disinformation. Such policies and measures should be subject to independent audits and should include review of targeting and amplification criteria, screening of the interfaces through which political advertising is to be presented, enhanced transparency to sponsors or providers of political advertising services acting on behalf of sponsors with regards to the placement of their advertising, as well as participation in wider disinformation demonetisation initiatives such as the Code of practice on disinformation.
2022/09/19
Committee: IMCO
Amendment 149 #

2021/0381(COD)

Proposal for a regulation
Recital 4 b (new)
(4 b) Publishers of political advertising should establish, implement and publish tailored policies and measures to prevent the publication of political advertising containing disinformation.
2022/09/19
Committee: IMCO
Amendment 169 #

2021/0381(COD)

Proposal for a regulation
Recital 13 a (new)
(13 a) The specific needs of micro, small and medium-size enterprises should be taken into account in the application and enforcement of this Regulation, in line with the principle of proportionality. The notion of micro, small and medium-sized enterprises should be understood within the meaning of Directive 2013/34/EU.
2022/09/19
Committee: IMCO
Amendment 173 #

2021/0381(COD)

Proposal for a regulation
Recital 14 a (new)
(14 a) The specificities of the medium of publication or dissemination of the political advertisement should be taken into account in the application of this Regulation, in particular to adapt the modalities to television, radio and newspapers as the case may be, in compliance with EU law.
2022/09/19
Committee: IMCO
Amendment 186 #

2021/0381(COD)

Proposal for a regulation
Recital 19
(19) Political views expressed in the programmes of audiovisual linear broadcasts or published in printed media without direct payment or equivalent remuneration should not be covered by this Regulation. and opinions expressed for journalistic purposes or under the editorial responsibility of a service provider, in the programmes of audio and audiovisual media including linear and non-linear broadcasts or published in print or in online media, should not be considered political advertising and should not be covered by this Regulation, if no payment is provided specifically for the expression of the views or opinions. Such political views and opinions which are additionally promoted, published or disseminated by service provider should in any case be considered to be political advertising. Journalistic practices established either in national law or by media and press councils in accordance with Union law, including the Charter of Fundamental Rights, should apply. Any form of surreptitious advertising should be prohibited.
2022/09/19
Committee: IMCO
Amendment 227 #

2021/0381(COD)

Proposal for a regulation
Recital 40
(40) The information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisementPolitical advertising publishers should ensure that each political advertisement contains a clear indication of where the transparency notice could be easily retrieved. The presentation of the information may vary depending on the means used. The requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in the advertisement - use could be made, for example, of a dedicated webpage link, a Quick Response code (or “QR code”), or equivalent clear and user-friendly technical measures. The requirement that information published in the transparency notice is to be easily accessible, machine readable where technically possible, and user friendly should entail that it addresses the needs of people with disabilities. Annex I of Directive 2019/882 (European Accessibility Act) contains accessibility requirements for information, including digital information that should be used to render political information accessible for persons with disabilities.
2022/09/19
Committee: IMCO
Amendment 281 #

2021/0381(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
2 a. Political views and opinions expressed under the editorial responsibility of a service provider, in the programmes of audio and audiovisual media, or published in print or online media shall not be considered political advertising unless specific payment or other remuneration is provided for their preparation, placement, promotion, publication or dissemination.
2022/09/19
Committee: IMCO
Amendment 375 #

2021/0381(COD)

Proposal for a regulation
Article 5 – paragraph 2 a (new)
2 a. Providers of advertising services which are intermediary service providers within the meaning of Regulation XXX [the DSA] involved in the presentation political advertising on their interface or the interface of another service provider, including providers of programmatic advertising services shall establish, implement and publish policies and measures to prevent both the presentation of political advertising together with disinformation and the publication of political advertising containing disinformation.
2022/09/19
Committee: IMCO
Amendment 437 #

2021/0381(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Political advertising publishers shall make reasonablebest efforts to ensure that the information referred to in paragraphs 1 and 2 is complete, and where they find this is not the case, they shall not make available the political advertisement. accurate. Where the political advertising publisher becomes aware that the information referred to in paragraphs 1 and 2 is incomplete or inaccurate, it shall make best efforts, including by contacting the sponsor or the providers of political advertising services concerned to complete or correct the information. Where the information cannot be completed or corrected, the political advertising publisher shall not make available or shall discontinue without undue delay the promotion, publication or dissemination of the political advertisement. Political advertising publisher shall inform without undue delay sponsors or providers of political advertising services concerned about any decisions taken in connection with this paragraph. When the sponsor or the providers of political advertising services becomes aware that information transmitted to or published by the political advertising publisher is incomplete or inaccurate, it shall contact, without undue delay, the political advertising publisher concerned and, as relevant, shall transmit completed or corrected information to the political advertising publisher.
2022/09/19
Committee: IMCO
Amendment 573 #

2021/0381(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Service providers that provide political advertising services in the Union but do not have an establishment in the Union shall designate, in writing, and register with the national single points of contact, a natural or legal person as their legal representative in one of the Member States where the provider offers its services. Member States shall keep publicly available registers of all legal representatives registered on their territory under this Regulation. The Commission shall keep a publicly available register of legal representatives registered at Union level under this Regulation.
2022/09/19
Committee: IMCO
Amendment 587 #

2021/0381(COD)

Proposal for a regulation
Article 15 – paragraph 2 a (new)
2 a. The European Commission shall have exclusive competence to monitor the compliance of very large online platforms and very large search engines within the meaning of Regulation (EU) 2021/xxx [DSA] with the obligations laid down in this Regulation.
2022/09/19
Committee: IMCO
Amendment 651 #

2021/0381(COD)

Proposal for a regulation
Article 16 a (new)
Article 16 a Right to lodge a complaint Any person shall have the right to lodge a complaint against sponsors and providers of political advertising services alleging an infringement of this Regulation with the contact point of the Member State where the person is located or established. The contact point of the Member State may dismiss any complaint which it deems manifestly unfounded and shall notify the complainant of its decision. The contact point of the Member State shall transmit complaints falling under the responsibility of another competent authority in the same Member State to that competent authority. The contact point of the Member State shall transmit complaints falling under the responsibility of another competent authority in another Member State to the contact point of that Member State. During these proceedings, all parties shall have the right to be heard and receive appropriate information about the status of the complaint, in accordance with relevant national law.
2022/09/19
Committee: IMCO
Amendment 116 #

2021/0375(COD)

Proposal for a regulation
Recital 39
(39) In order to reach out to their members and constituencies across the Union, European political parties should have the right to use their funding for cross-border political campaigns, conducted in the context of elections to the European Parliament, including the setting up of union-wide lists and referendum campaigns. The funding and limitation of election expenses for parties and candidates in those campaigns should be governed by the rules applicable in each Member State.
2022/04/19
Committee: AFCO
Amendment 123 #

2021/0375(COD)

Proposal for a regulation
Recital 41
(41) European political parties should not fund, directly or indirectly, other political parties and, in particular, national parties or candidates. European political foundations should not fund, directly or indirectly, European or national political parties or candidates. The prohibition of indirect funding should however not prevent European political parties or political foundations from publicly supporting and engaging with their member parties or member organisations in the Union on issues of relevance for the Union, or tofrom supporting political activities in the common interest, or from engaging in educational activities, in order to be able to fulfil their mission under Article 10(4) TEU. The prohibition of indirect funding should not prevent the participation of both representatives and staffers of political parties, nor of potentially politically active persons in events of European political foundations. Moreover, European political parties and their affiliated European political foundations should only finance activities in the context of national referendum campaigns when they concern the implementation of the TEU and the TFEU . These principles reflect Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice.
2022/04/19
Committee: AFCO
Amendment 211 #

2021/0375(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Financial contributions or grants from the general budget of the European Union shall not exceed 95 % of the annual reimbursable expenditure indicated in the budget of a European political party and of the eligible costs incurred by a European political foundation. European political parties may use any unused part of the Union contribution awarded to cover reimbursable expenditure within the financial year following its award. Amounts unused after that financial year shall be recovered in accordance with Regulation (EU, Euratom) 2018/1046 . Financial contributions in the year of elections to the European Parliament may cover 100% of the reimbursable expenditure incurred by a European political party and foundation.
2022/04/19
Committee: AFCO
Amendment 250 #

2021/0375(COD)

Proposal for a regulation
Article 24 – paragraph 1 – introductory part
1. Subject to the second subparagraph, the funding of European political parties from the general budget of the European Union or from any other source may be used to finance campaigns conducted by the European political parties in the context of elections to the European Parliament in which they or their members participate as required by Article 3(1), point (f) including setting up union-wide lists.
2022/04/19
Committee: AFCO
Amendment 66 #

2021/0372(CNS)

Proposal for a directive
Recital 8
(8) In line with International and European standards, including, the requirements of International Covenant on Civil and Political Rights and the law of the European Convention on Human Rights, Member States should not only recognize and respect the right of Union citizens to vote and to stand as a candidate but also ensure easy access to their electoral rights by removing as manyll obstacles to participation in elections as possible.
2022/09/12
Committee: AFCO
Amendment 70 #

2021/0372(CNS)

Proposal for a directive
Recital 9
(9) In order to facilitate the exercise by Union citizens of their right to vote and to stand as a candidate in their country of residence, such citizens should be allowed to request the registration on the electoral roll of the host Member State as soon as they register or notify the authorities of their residence. Non-national citizens should in any case be entered on the electoral roll in sufficient time in advance of polling day. The formalities applicable to their registration should be as simple as possible. It should be sufficient for the Union citizens concerned to produce a valid identity card and a formal declaration that includes elements evidencing their entitlement to participate in the elections. Once registered, non- national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis.
2022/09/12
Committee: AFCO
Amendment 71 #

2021/0372(CNS)

Proposal for a directive
Recital 10
(10) While Member States are competent to determine the right to vote or to stand as a candidate in elections to the European Parliament as regards nationals who reside outside their territory, the fact that non-national Union citizens have been entered on the electoral roll of their Member State of residence should not in itself constitute grounds for their removal from the electoral roll of their home Member State for other types of elections. The risk of de-registration from the electoral roll of the home Member State for other types of elections is one of the main factors discouraging non-national Union citizens from participating in elections to the European Parliament, with the result that the views of non- national Union citizens are disproportionately less well represented than those of citizens who are nationals of the Member State concerned.
2022/09/12
Committee: AFCO
Amendment 72 #

2021/0372(CNS)

Proposal for a directive
Recital 10 a (new)
(10 a) The prevention of removal from the electoral roll of non-national Union citizens’ home Member States for other types of elections should require the adoption of effective and innovative tools at the European level. The creation of a European electoral certificate allows for the registration of Union citizens in the electoral rolls of multiple Member States for the elections to the European Parliament, while averting double voting.
2022/09/12
Committee: AFCO
Amendment 75 #

2021/0372(CNS)

Proposal for a directive
Recital 13
(13) Union citizens who have been deprived of their right to vote and to stand as candidates, on the basis of an individual civil law or criminal law decision taken by the competent authority, should be precluded from exercising that right in the Member State of residence in elections to the European Parliament. When receiving an application for registration as a voter, Member States may in duly justified cases require from the citizen concerned a formal declaration confirming that they have not been deprived of their right to vote. When standing as candidates in their country of residence, Union citizens should be required to produce a statement confirming that they have not been deprived of the right to stand in the elections to the European Parliament.
2022/09/12
Committee: AFCO
Amendment 76 #

2021/0372(CNS)

Proposal for a directive
Recital 14
(14) It should be possible for the Member State of residence to check that Union citizens who have expressed a desire to exercise their right to stand as candidates have not been deprived of that right in their home country. The adoption of a European electoral certificate should enable the exchange of information between Member States in this regard. Where a Member State receives a request to that effect from the Member State of residence, it should provide the necessary confirmation within a time-limit allowing for the admissibility of the candidacy to be effectively assessed. The personal data being exchanged may only be processed for that purpose. Given the fundamental importance of electoral rights, failure by the home Member State to provide timely information on the status of a Union citizen should not result in the deprivation of the right to stand as a candidate in the Member State of residence. In cases where the relevant information is provided at a later stage, the Member State of residence should ensure, by appropriate measures and in accordance with the procedures provided for by its national law, that Union citizens deprived of the right to stand in their home Member State who were registered as candidates or have already been elected, are prevented from being elected or from exercising their mandate.
2022/09/12
Committee: AFCO
Amendment 83 #

2021/0372(CNS)

Proposal for a directive
Recital 21
(21) In order to improve the accessibility of electoral information, such information should be made available in at least one other official language of the Union than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory. Member States should be encouraged to provide information also in the native language of the non-national Union citizen. Member States may use different official languages of the Union in specific parts of their territory or their regions depending on the language understood by the largest group of Union citizens residing therein.
2022/09/12
Committee: AFCO
Amendment 86 #

2021/0372(CNS)

Proposal for a directive
Recital 21 a (new)
(21 a) Non-national Union citizens should receive information about the possibility of voting or standing as a candidate when they register as residents of a Member State of which they are not nationals. Information pertaining to the registration as a voter or as a candidate should also be provided periodically, ahead of European elections, in a timely manner, to all voters and persons entitled to stand as candidates pursuant to Article 3. Moreover, non-national Union citizens should be duly informed about their distinct rights under the municipal and European electoral systems.
2022/09/12
Committee: AFCO
Amendment 95 #

2021/0372(CNS)

Proposal for a directive
Recital 26
(26) Data regarding the exercise of rights and the application of this Directive can be useful in theis critical in the evaluation of the relevant Union policy and identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to increase and improve the collection of dataand reporting of data by Member States for elections to the European Parliament, it is necessary to introduce regular monitoring and to harmonise the reporting of implementation by Member States. In parallel, the Commission should assess the application of this Directive, and submit a report including such an assessment to the European Parliament and to the Council, after each election to the European Parliament.
2022/09/12
Committee: AFCO
Amendment 103 #

2021/0372(CNS)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall take the necessary measures to enable a Union voter who has expressed the wish to be registered as a voter to be entered on the electoral roll sufficiently in advance of polling day. Member States shall enable registration as soon as the voter concerned registers for residence
2022/09/12
Committee: AFCO
Amendment 108 #

2021/0372(CNS)

Proposal for a directive
Article 11 – paragraph 1
1. The Member State of residence shall inform the persons concerned in gooda timely manner and in clear and plain language, in their native language, or in official languages of the Union other than that or those of the host Member State, broadly understood by the largest possible number of Union citizens residing on its territory of the decision taken on their application for entry on the electoral roll or of the decision concerning the admissibility of their application to stand as a candidate.
2022/09/12
Committee: AFCO
Amendment 110 #

2021/0372(CNS)

Proposal for a directive
Article 11 – paragraph 3
3. In case of errors in the electoral rolls or in the lists of candidates to the European Parliament, the person concerned shall be informed thereof in a timely manner and entitled to legal remedies on similar terms as the laws of the Member State of residence prescribe for voters and persons entitled to stand as candidates who are its nationals.
2022/09/12
Committee: AFCO
Amendment 121 #

2021/0372(CNS)

Proposal for a directive
Article 12 – paragraph 4 a (new)
4 a. The designated authority shall collaborate with other competent authorities to ensure that citizens are informed of their rights under this Directive as soon as they register for residence in the Member State concerned. A person entitled to vote and stand as a candidate pursuant to Article 3 who establishes his residence in the country concerned, shall automatically receive information about their rights under this Directive. That information shall also be provided periodically, sufficiently ahead of the elections to the European Parliament, to all voters and persons entitled to stand as candidates pursuant to Article 3.
2022/09/12
Committee: AFCO
Amendment 122 #

2021/0372(CNS)

Proposal for a directive
Article 13 – paragraph 2
2. The home Member State shall ensure that measures referred to in paragraph 1 do not prevent its nationals from voting or standing as candidates in other types of elections. Appropriate measures, such as the adoption of a common European Electoral Certificate, shall be taken at the Union level to support the efforts of Member States to avoid de-registration of mobile Union citizens from electoral rolls for other types of elections, while preventing double voting and securing equal treatment among national and non-national Union citizens.
2022/09/12
Committee: AFCO
Amendment 131 #

2021/0372(CNS)

Proposal for a directive
Article 17 – title
RData collection and reporting
2022/09/12
Committee: AFCO
Amendment 133 #

2021/0372(CNS)

Proposal for a directive
Article 17 – paragraph 1
1. Within six months after each election to the European Parliament Member States shall send detailed information to the Commission on the application of this Directive in their territory. In addition to general observations, the report shall contain uniform statistical data on the participation in elections to the European Parliament of Union voters and Union citizens entitled to stand as candidates and a summarydetailed overview of the measures taken to support it.
2022/09/12
Committee: AFCO
Amendment 134 #

2021/0372(CNS)

Proposal for a directive
Article 17 – paragraph 2 a (new)
2 a. The Commission is empowered to adopt delegated acts in accordance with Article 20 concerning a template and the form of the data to be collected for the purposes of paragraph 1 of this Article.
2022/09/12
Committee: AFCO
Amendment 136 #

2021/0372(CNS)

Proposal for a directive
Article 18 – paragraph 1
Within twoone years after the 2029 elections to the European Parliament, the Commission shall assess its application and produce an evaluation report on the progress towards achievement of the objectives contained herein. The evaluation shall also include a review on the functioning of Article 13.
2022/09/12
Committee: AFCO
Amendment 139 #

2021/0372(CNS)

Proposal for a directive
Article 20 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 9, 10, 13 and 137 shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Directive.
2022/09/12
Committee: AFCO
Amendment 39 #

2021/0366(COD)

Proposal for a regulation
Recital 29
(29) Obligations concerning relevant commodities and products should be laid down by this Regulation in order to effectively combat deforestation, forest degradation, and to promote deforestation- free supply chains, while maintaining the competitiveness in the single market and a level playing-field among operators and traders. Obligations should be proportionate and feasible to achieve these objectives and should take into consideration the administrative burden that it entails for operators and traders.
2022/04/26
Committee: IMCO
Amendment 40 #

2021/0366(COD)

Proposal for a regulation
Recital 29 a (new)
(29 a) The share of smallholders in the production of the commodities concerned can be as high as 80 %. Therefore, special attention needs to be paid to the challenges that smallholders will face with the implementation of this Regulation. The new rules should aim to minimise the burden on smallholders and prevent barriers to their access to the single market. It is therefore crucial that the operators buying from smallholders provide timely financial and technical support to help smallholders meet the new Union market access requirements.
2022/04/26
Committee: IMCO
Amendment 42 #

2021/0366(COD)

Proposal for a regulation
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest degradation, and to ensure that commodities and products from supply chains related to deforestation and forest degradation are not placed on nor exported from the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production. To confirm that this is the case, they relevant commodities and products should always be accompanied by a due diligence statement.
2022/04/26
Committee: IMCO
Amendment 50 #

2021/0366(COD)

Proposal for a regulation
Recital 34
(34) Operators placing a commodity or product concerned for the first time on the Union market or exporting a product to a third country should formally assume responsibility for the compliance of the relevant commodities or products that they intend to place on the Union market or to export by making available due diligence statements. A template for such statements should be provided by this Regulation. This is expected to facilitate enforcement of this Regulation through competent authorities and courts as well as increase compliance by operators.
2022/04/26
Committee: IMCO
Amendment 52 #

2021/0366(COD)

Proposal for a regulation
Recital 37 a (new)
(37 a) The setting up and operating a due diligence system can be more challenging for SMEs, particularly due to the number and complexity of supply chains and the risks associated with the sourcing country. Therefore, Member States should provide technical and other assistance and guidance to operators, specially to SMEs, in order to facilitate compliance with this Regulation. In addition, from the entry into force of this Regulation, the due diligence requirement combined with benchmarking should allow SME operators and traders to benefit from lower costs of the simplified due diligence by opting for products stemming from low-risk supply chains.
2022/04/26
Committee: IMCO
Amendment 54 #

2021/0366(COD)

Proposal for a regulation
Recital 39
(39) Operators falling within the scope of other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts should be in a position to fulfil the reporting obligations under this Regulation by including the required information when reporting under the other EU legislative instrument, in order to avoid supply chain disruptions and reduce negative impacts on third countries, trade partners, and in particular smallholders.
2022/04/26
Committee: IMCO
Amendment 55 #

2021/0366(COD)

Proposal for a regulation
Recital 44 a (new)
(44 a) The customs union has been a cornerstone of the European Union, which is one of the largest trading blocks in the world. The customs union is fundamental for successful Union integration and for the proper functioning of the internal market, for the benefit of businesses and consumers. Thus, a fully coordinated and efficient clearance process of relevant commodities and products requires a streamlined Union regulatory environment for international trade that delivers long-term benefits to the Union and its residents in all policy areas, supports the effectiveness and good-functioning of the internal market and safeguards consumer protection. In this context, problems concerning the interoperability of authorities responsible for Union non-customs regulatory formalities and customs authorities are major obstacles to progress on completing the digital single market and achieving integrated and coordinated customs and border management.
2022/04/26
Committee: IMCO
Amendment 56 #

2021/0366(COD)

Proposal for a regulation
Recital 45
(45) In order to optimise and unburden the control process of relevant commodities and products entering or leaving the Union market, it is necessary to set up electronic interfaces that allow the automatic data transfer between customs systems and the Information System of competent authorities. The EU Single Window environment for customs is the natural candidate to support such data transfers. The interfaces should be highly automated and easy-to-use, and additional burden for customs authorities and costs for economic operators should be limited. Moreover, in view of the limited differences between the data to be declared respectively in the customs declaration and the due diligence statement, it is appropriate to propose also a ‘business-to- government’ approach whereby traders and economic operators make available the due diligence statement of a relevant commodity or product via national single window environment for customs and this statement is transmitted automatically to the Information System used by competent authorities. Customs authorities and competent authorities should contribute to determine the data to be transmitted and any other technical requirement.
2022/04/26
Committee: IMCO
Amendment 60 #

2021/0366(COD)

Proposal for a regulation
Recital 46
(46) The risk of non-compliant commodities and products being placed on the Union market varies depending on the commodity and product as well as on its country of origin and production. Operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities and products in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden, while preventing barriers to the access of smallholders in third countries to the market and maintaining the competitiveness of the Single Market. Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities.
2022/04/26
Committee: IMCO
Amendment 70 #

2021/0366(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Operators shall exercise due diligence prior to placing relevant commodities and products onfor the first time on the Union market or prior to their export from the Union market in order to ensure their compliance with Article 3(a) and (b). To that end, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence’, as set out in Article 8.
2022/04/26
Committee: IMCO
Amendment 72 #

2021/0366(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. BThe operator who places a product for the first time on the Union market, by making available the due diligence statement, the operator assumes responsibility for the compliance of the relevant commodity or product with the requirements of this Regulation. Operators shall keep record of the due diligence statements for 5 years from the date of making available via the information system referred to in Article 31.
2022/04/26
Committee: IMCO
Amendment 73 #

2021/0366(COD)

Proposal for a regulation
Article 4 – paragraph 3 a (new)
3 a. The operator who places a product for the first time on the Union market shall share the due diligence statements with subsequent operators and traders in the supply chain.
2022/04/26
Committee: IMCO
Amendment 76 #

2021/0366(COD)

Proposal for a regulation
Article 4 – paragraph 6
6. Operators that have received new information, including substantiated concerns verified by the operator as referred to in paragraph 5a, that the relevant commodity or product that they have already placed on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.
2022/04/26
Committee: IMCO
Amendment 83 #

2021/0366(COD)

Proposal for a regulation
Article 7 – paragraph 1
In case a natural or legal person established outside the Union places on the Union market relevant commodities and products intended for commercial use, the first natural or legal person established in the Union who buys or takes possession of such relevant commodities and products shall be considered operator within the meaning of this Regulation. This first placer is responsible to ensure that it is deforestation-free, and that any operator downstream is able to check its origin via a robust chain of custody.
2022/04/26
Committee: IMCO
Amendment 96 #

2021/0366(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Operators which intend to place the relevant commodities and products for the first time on the Union market or export them from the Union market shall verify and analyse information collected in accordance with Article 9 and any other relevant documentation, and on this basis carry out a risk assessment to establish whether there is a risk that the relevant commodities and products intended to be placed on or exported from the Union market are non- compliant with the requirements of this Regulation. If the operators cannot demonstrate that the risk of non- compliance is negligible, they shall not place the relevant commodity or product on the Union market nor export it.
2022/04/26
Committee: IMCO
Amendment 109 #

2021/0366(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point j a (new)
(j a) certification or other third-party- verified schemes covering the commodities or products in the scope of the regulation;
2022/04/26
Committee: IMCO
Amendment 120 #

2021/0366(COD)

Proposal for a regulation
Article 10 – paragraph 8
8. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraphs 2, 4 and 6 as regards relevant information to be obtained, risk assessment criteria and risk mitigation measures that may be necessary to supplement those referred to in this Article to ensure the effectiveness of the due diligence system.
2022/04/26
Committee: IMCO
Amendment 135 #

2021/0366(COD)

Proposal for a regulation
Article 22 – paragraph 2 – introductory part
2. For the purposes of paragraph 1, the corrective action required to be taken by the operator or trader shall include at least one or more of, as the first step, be to immediately seek to rectify any formal non-compliance, in particular with the requirements of Chapter 2 of this Regulation, and as the following steps where non-compliance has not been rectified, the corrective action shall be in the following order:
2022/04/26
Committee: IMCO
Amendment 141 #

2021/0366(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point d
(d) destroyonating the relevant commodity or product or donating it to charitable or public interest purposes.
2022/04/26
Committee: IMCO
Amendment 144 #

2021/0366(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
(d a) destroying the relevant commodity or product.
2022/04/26
Committee: IMCO
Amendment 156 #

2021/0366(COD)

Proposal for a regulation
Article 24 – paragraph 10
10. Customs authorities may destroy ashould donate the non-compliant relevant commodity or product to charitable or public interest purposed and only may destroy it, as a last resort measure, upon the request of the competent authorities or where they deem it necessary and proportionate. The cost of such measure shall be borne by the natural or legal person holding the relevant commodity or product. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly. Upon request of competent authorities, non-compliant relevant commodities and products may alternatively be confiscated and placed by customs at the disposal of the competent authorities.
2022/04/26
Committee: IMCO
Amendment 157 #

2021/0366(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. The Commission shall develop an electronic interface based on the EU Single Window Environment for Customs to enable the transmission of data, in particular the notifications and requests referred to in Article 24, paragraphs 5 to 8, between national customs systems and the information system referred to in Article 31, including automatic transmission of data when changes are made in either system. This electronic interface shall be in place at the latest fourtwo years from the date of adoption of the relevant implementing act referred to in paragraph 3.
2022/04/26
Committee: IMCO
Amendment 162 #

2021/0366(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point a
(a) Traders and oOperators to make available the due diligence statement of a relevant commodity or product via national single window environment for customs referred to in Article 8 of Regulation [PO to check the reference number and article number after the proposal is adopted] and receive feedback thereon from competent authorities; and
2022/04/26
Committee: IMCO
Amendment 164 #

2021/0366(COD)

Proposal for a regulation
Article 26 – paragraph 2 – point a a (new)
(a a) The transmission of information on any subsequent changes relating to operators, traders and their authorized representatives as well as to commodities or products originating from a specific geo-location to the information system referred to in Article 31 of this Regulation in order to ensure that all Member States have access to and get notifications about the latest updated information.
2022/04/26
Committee: IMCO
Amendment 121 #

2021/0171(COD)

Proposal for a directive
Recital 15
(15) A number of Member States have applied Directive 2008/48/EC to areas not covered by its scope to enhance the level of consumer protection. In fact, several of the credit agreements not falling within the scope of that Directive can be detrimental for consumers, including short-term high cost loans whose amount is typically lower than the minimum threshold of EUR 200 set out in Directive 2008/48/EC. In this context, and with the aim to ensure a high level of consumer protection and to facilitate the cross-border consumer credit market, the scope of this Directive should cover some agreements that were excluded from the scope of Directive 2008/48/EC, such as consumer credit agreements below the amount of EUR 200. Likewise, other potentially detrimental products, because of the high costs they entail or high fees in case of missed payments, should be covered by this Directive, to ensure increased transparency and better consumer protection, resulting in higher consumer confidence. To this extent, leasing agreementswhilst subject to strict adherence to the principle of proportionality to avoid undue administrative burden, to ensure increased transparency and better consumer protection, resulting in higher consumer confidence. This Directive should not apply to deferred debit cards, under the terms of which the monthly aggregated payments have to be paid in a single debit and only insignificant charges are payable. Nor should it apply to hiring or leasing agreements where an obligation to purchase the object of the agreement is not laid down. Nor should it apply to overdraft facilities where the credit has to be repaid within one month. To this extent, credit agreements in the form of an overdraft facility and where the credit has to be repaid within one month, and credit agreements where the credit is granted free of interest and without any other charges, including Buy Now Pay Later schemes, i.e. new digital financial tools that let consumers make purchases and pay them off over time, and credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable should not be excluded from the scope of application of this Directive. However, for those credit agreements, Member States should be able to exclude the application of certain provisions of this Directive considering the characteristics of their national market, the duration, risk, and nature of the credit. Moreover, all credit agreement up until EUR 100 000 should be included in the scope of application of this Directive. The upper threshold of credit agreements under this Directive should be increased to take into account indexation to adjust for the effects of inflation since 2008 and in coming years.
2022/03/16
Committee: IMCO
Amendment 128 #

2021/0171(COD)

Proposal for a directive
Recital 20
(20) Agreements for the provision on a continuing basis of services or for the supply of goods of the same kind, where the consumer pays for them for the duration of their provision by means of instalments, may differ considerably, in terms of the interests of the contractual parties involved, and the modalities and performance of the transactions, from credit agreements covered by this Directive. Therefore, such agreements should not be regarded as credit agreements for the purposes of this Directive. Such agreement includes, for example, an insurance contract where the insurance is paid for in monthly instalments. Hiring and leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement should not be regarded as credit agreements for the purpose of this Directive
2022/03/16
Committee: IMCO
Amendment 131 #

2021/0171(COD)

Proposal for a directive
Recital 25 a (new)
(25 a) This Directive is without prejudice to Regulation 2016/679 that applies to any processing of personal data carried out by creditors and credit intermediaries falling within the scope of this Directive.
2022/03/16
Committee: IMCO
Amendment 134 #

2021/0171(COD)

Proposal for a directive
Recital 26
(26) Consumers who are legally resident in the Union should not be discriminated against on ground of their nationality or place of residence, or on any ground as referred to in Article 21 of the Charter when requesting, concluding or holding a credit agreement or an agreement for the provision of crowdfunding credit services within the Union. This is without prejudice to the possibility for the provider of credit services to refuse to enter into a credit service agreement where justified by objective criteria.
2022/03/16
Committee: IMCO
Amendment 141 #

2021/0171(COD)

Proposal for a directive
Recital 29
(29) Specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services and certain items of standard information to be provided to consumers in order to enable them, in particular, to compare different offers. Such information should be given in a clear, concise and prominent way by means of a representative example. The standard information should be shown upfront and saliently, in a clear way and in an engaging format. It should be clearly legible and adapted to take into account the technical constraints of certain media such as mobile telephone screens and/or digital channels. Temporary promotional conditions, such as a teaser rate with lower interest rate for the initial months of the credit agreement or crowdfunding credit services, should be clearly identified as such. Consumers should see all essential information at a glance, evenwith further information made available on the consumer by clicking or swiping when they watch it on the screen of a mobile telephone. The creditor and, where applicable, credit intermediary and provider of crowdfunding credit services’ telephone number and email address should also be communicated to the consumer to enable him or her to contact the creditor, the credit intermediary or provider of crowdfunding credit services quickly and efficiently. A ceiling should be provided where it is not possible to indicate the total amount of credit as the total sums made available, in particular where a credit agreement gives the consumer freedom of drawdown with a limitation with regard to the amount. The ceiling should indicate the upper limit of credit which can be made available to the consumer. In specific and justified cases, in order to improve consumer understanding of information disclosed in advertising of credit agreements or crowdfunding credit services where the medium used does not allow to visually display it, such as in radio advertising or digital channels, the amount of information disclosed could be reduced. In addition, Member States should remain free to regulate information requirements in their national law regarding advertising of credit agreements or crowdfunding credit services which does not contain information on the cost of the credit.
2022/03/16
Committee: IMCO
Amendment 146 #

2021/0171(COD)

Proposal for a directive
Recital 30
(30) In order to be able to make their decisions in full knowledge of the facts, consumers should receive adequate pre- contractual information, for careful consideration at their own leisure and convenience, at least one dayin due time prior to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services, including information on the conditions and cost of the credit and on their obligations, as well as adequate explanations thereof. These rules should be without prejudice to Council Directive 93/13/EEC29 . _________________ 29 Council Directive 93/13/EEC of 5 April 1993 on unfair terms . In case pre- contractual information is provided less than one day before the consumer is bound by any credit agreement or agreement for the provision of crowdfunding credit services, the creditor and, where applicable, the credit intermediary or providers of crowdfunding credit services should provide the information before the consumer is bound and remind consumer contracts (OJ L 95, 21.4.1993, p. 29)s, one day after conclusion of the contract, of the possibility to withdraw from the credit agreement.
2022/03/16
Committee: IMCO
Amendment 157 #

2021/0171(COD)

Proposal for a directive
Recital 31
(31) Pre-contractual information should be provided through the Standard European Consumer Credit Information form. To help consumers understand and compare offers, athe Standard European Consumer Credit Overview form summarising the key element of the credit should be proviInformation form should included in addition to the Standard European Consumer Credit Information formits first page all the key elements of the credit, through which consumers should see all essential information at a glance, even on the screen of a mobile telephone. Information should be clear, clearly legible and adapted to the technical constraints of certain media such as mobile telephone screens. It should be displayed in an adequate and suitable way on the different channels, to ensure that every consumer can access information on an equal basis and in line with Directive (EU) 2019/882 of the European Parliament and of the Council30 . _________________ 30 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
2022/03/16
Committee: IMCO
Amendment 161 #

2021/0171(COD)

Proposal for a directive
Recital 32
(32) To ensure the fullest possible transparency and comparability of offers, pre-contractual information should, in particular, include the annual percentage rate of charge applicable to the credit, determined in the same way throughout the Union. As the annual percentage rate of charge can at this stage be indicated only through an example, such example should be representative. Therefore, it should correspond, for instance, to the average duration and total amount of credit granted for the type of credit agreement or crowdfunding credit services under consideration and, if applicable, to the goods purchased. When determining the representative example, the frequency of certain types of credit agreement or crowdfunding credit services in a specific market should also be taken into account. As regards the borrowing rate, the frequency of instalments and the capitalisation of interest, creditors should use their usual method of calculation for the consumer credit concerned. In case pre- contractual information is provided less than one day before the consumer is bound by any credit agreement or agreement for the provision of crowdfunding credit services, the creditor and, where applicable, the credit intermediary or providers of crowdfunding credit services should remind consumers, at the latest one day after conclusion of the contract, of the possibility to withdraw from the credit agreement.
2022/03/16
Committee: IMCO
Amendment 167 #

2021/0171(COD)

Proposal for a directive
Recital 44
(44) Credit sales that have not been solicited by the consumers may in some cases be associated with practices that are harmful to the consumer. In this regard, without prejudice to the creditor's possibility of making offers to consumers, unsolicited salegranting of credit, including non- requested pre-approved credit cards sent to the consumers consumers, or the unilateral increase of a consumers’ overdraft or credit card limit, should be prohibited.
2022/03/16
Committee: IMCO
Amendment 174 #

2021/0171(COD)

Proposal for a directive
Recital 46
(46) It is essential that the consumer’s ability and propensity to repay the credit is assessed and verified before a credit agreement or an agreement for the provision of crowdfunding credit services is concluded. That assessment of creditworthiness should be proportionate and be done in the interest of the consumer, to prevent irresponsible lending practices and over- indebtedness, and should take into consideration all necessary and relevant factors that could influence a consumer’s ability to repay the credit. Member States should be able to issue additional guidance on additional criteria and methods to assess a consumer’s creditworthiness, for example by setting limits on loan-to-value or loan- to-income ratios.
2022/03/16
Committee: IMCO
Amendment 178 #

2021/0171(COD)

Proposal for a directive
Recital 47
(47) The assessment of creditworthiness should be based on information on the financial and economic situation, including income and expenses, of the consumer or on statistical data where this is proportionate vis-à-vis the loan value, duration or the characteristics of the credit. The European Banking Authority Guidelines on loan origination and monitoring (EBA/GL/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes, which include evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitments. Personal data, such as personal data found on social media platforms or health data, including cancer data, should not be used when conducting a creditworthiness assessment. Member States should guarantee the right to be forgotten to all European patients 10 years after the end of their treatment, and up to five years after the end of treatment for patients whose diagnosis was made before the age of 18 in the area of creditworthiness assessment and ensure equal access to credit for cancer survivors. Consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. In principle, credit should only made available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, should such assessment be negative, the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer, or in case of loans to fund exceptional healthcare expenses, students loans or loans for consumers with disabilities. In such case, when deciding on whether or not to make the credit available to the consumer, the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit, and the likelihood that the obligations resulting from the agreement will be met. However, a positive creditworthiness assessment should not constitute an obligation for the creditor to provide credit.
2022/03/16
Committee: IMCO
Amendment 188 #

2021/0171(COD)

Proposal for a directive
Recital 48
(48) The Proposal for a Regulation laying down harmonised rules on artificial intelligence (Artificial Intelligence Act), establishes that AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. In view of those high stakes, whenever the creditworthiness assessment involves automated processing, the consumer should have a right to obtain human intervention on the part of the creditor or providers of crowdfunding credit services. TWithout prejudice to the General Data Protection Regulation, the consumer should also have the right to obtain a meaningful explanation of the assessment made and of the functioning of the automated processing used, including among others the main variables, the logic and risks involved, as well as a right to express his or her point of view and to contest the assessment of the creditworthiness and the decision.
2022/03/16
Committee: IMCO
Amendment 191 #

2021/0171(COD)

Proposal for a directive
Recital 49
(49) To assess the credit status of a consumer, the creditor or the provider of crowdfunding credit services should have the ability to also consult credit databases. The legal and actual circumstances may require that such consultations vary in scope. To prevent any distortion of competition among creditors or providers of crowdfunding credit services, they should have access to private or public credit databases concerning consumers in a Member State where they are not established under non- discriminatory conditions compared with creditors or providers of crowdfunding credit services established in that Member State. Member States should facilitate the cross-border access to private or public databases, in compliance with the Regulation (EU) 2016/679 of the European Parliament and of the Council33 . To enhance reciprocity, credit databases should as a minimum hold information on consumers’ arrears in payment, in accordance with Union and national law. _________________ 33 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
2022/03/16
Committee: IMCO
Amendment 205 #

2021/0171(COD)

Proposal for a directive
Recital 62
(62) The consumer should have the right to discharge his or her obligations before the date agreed in the credit agreement. As provided by the Court of Justice. The consumer should have the right to a reduction in the total cost of the credit in the event of early repayment of the credit includes all the costs imposed by creditor ofn the EU Lexitor ruling,34 the right of the consumer to a reduction in the total cost of the credit in the event of early repayment of the credit includes all the costs imposconsumer with the exclusion of up- front costs - insofar as they are preliminary and preparatory activities for the granting of the loan, and are fully exhausted at the time of granting the loan- that have been adequately identified and declared and the cost of third parties (e.g fee of credit intermediaries, insurance charges and taxes). As regards the method of reimbursement, the amortised cost criterion (interest curve) for the calculation of the proportional reduction of costs should apply unless it is otherwise regulated oin the consumertract taken in account. In the case of early repayment the creditor should be entitled to a fair and objectively justified compensation for the costs directly linked to the early repayment, taking into account also any savings thereby made by the creditor. However, in order to determine the method of calculating the compensation, it is important to respect several principles. The calculation of the compensation due to the creditor should be transparent and comprehensible to consumers already at the pre-contractual stage and in any case during the performance of the credit agreement. In addition, the calculation method should be easy for creditors to apply, and supervisory control of the compensation by the competent authorities should be facilitated. Therefore, and due to the fact that consumer credit is, given its duration and volume, not financed by long- term funding mechanisms, the ceiling for the compensation should be fixed in terms of a flat-rate amount. This approach reflects the specific nature of consumer credits and should not prejudice the approach in respect of other products which are financed by long-term funding mechanisms, such as fixed-rate mortgage loans. _________________ 34 Judgment of the Court of Justice of 11 September 2019, Lexitor, C-383/18, ECLI:EU:C:2019:702.
2022/03/16
Committee: IMCO
Amendment 212 #

2021/0171(COD)

Proposal for a directive
Recital 65
(65) The fixing of caps on interest rates, on annual percentage rates of charge and or the total cost of the credit to the consumer is a common practice in a number of Member States. Such capping has proved beneficial for consumers. In that context, Member States should be able to maintain their current legal regime. However, in an effort to increase consumer protection without imposing unnecessary limits on Member States,, Member States should be able to set caps on interest rates, on annual percentage rates of charge and or on the total cost of the credit to the consumer should be introduced throughout the Union.
2022/03/16
Committee: IMCO
Amendment 250 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 2 – point j a (new)
(j a) hiring or leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement;
2022/03/16
Committee: IMCO
Amendment 255 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 2 – point j b (new)
(j b) deferred debit cards when provided with a bank account;
2022/03/16
Committee: IMCO
Amendment 257 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 2 – point j c (new)
(j c) overdraft facilities where the credit has to be repaid within one month, when linked to a bank account
2022/03/16
Committee: IMCO
Amendment 270 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 6 a (new)
6 a. Member States may determine that articles 8(2)points d to f, 10(3a), 10(8), 11(2a), 21(3 )and 29 shall not apply to the following credit agreements: credit agreements involving a total amount of credit less than EUR 200; credit agreements in the form of an overdraft facility and where the credit has to be repaid within three months; credit agreements where the credit is granted free of interest and without any other charges; credit agreements under the terms of which the credit has to be repaid within three months and only insignificant charges are payable.
2022/03/16
Committee: IMCO
Amendment 275 #

2021/0171(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 3
(3) ‘credit agreement’ means an agreement whereby a creditor grants or promises to grant to a consumer credit in the form of a deferred payment, loan or other similar financial accommodation, except for: (i) agreements for the provision on a continuing basis of services or for the supply of goods of the same kind, where the consumer pays for such services or goods for the duration of their provision by means of instalments; (ii) hiring or leasing agreements where an obligation to purchase the object of the agreement is not laid down either by the agreement itself or by any separate agreement;
2022/03/16
Committee: IMCO
Amendment 311 #

2021/0171(COD)

Proposal for a directive
Article 6
Member States shall ensure that the conditions to be fulfilled for being granted a credit do not discriminate against consumers legally resident in the Union on ground of their nationality or place of residence or on any ground as referred to in Article 21 of the Charter of Fundamental Rights of the European Union, when those consumers request, conclude or hold a credit agreement or crowdfunding credit services within the UnArticle 6 deleted Non-discrimination.
2022/03/16
Committee: IMCO
Amendment 342 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 3 a (new)
3 a. When the medium used to communicate the standard information does not allow for the information to be visually displayed in a simple manner, the consumer should be able to access further information by means of clicking or swiping;
2022/03/16
Committee: IMCO
Amendment 350 #

2021/0171(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that clear and comprehensible general information about credit agreements or crowdfunding credit services is made available to consumers by creditors or, where applicable, by credit intermediaries or providers of crowdfunding credit services, at all times in electronic form, on paper or on another durable medium.
2022/03/16
Committee: IMCO
Amendment 361 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 1 – introductory part
1. Member States shall require that the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services provide the consumer with the pre-contractual information needed to compare different offers in order to take an informed decision on whether to conclude a credit agreement or crowdfunding credit services on the basis of the credit terms and conditions offered by the creditor or by the provider of crowdfunding credit services and, where applicable, the preferences expressed and information supplied by the consumer. Such pre-contractual information shall be provided to the consumer at least one dayin due time before the or sheconsumer is bound by any credit agreement or offer, or by any agreement or offer for the provision of crowdfunding credit services.
2022/03/16
Committee: IMCO
Amendment 367 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
In case the pre-contractual information referred to in the first subparagraph is provided less than one day before the consumer is bound by the credit agreement or offer, or by any agreement or offer for the provision of crowdfunding credit services, Member States shall require that the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services send a reminderprovide the pre-contractual information before the consumer is bound by the credit agreement or offer and send a reminder, by digital means, on paper or on another durable medium, to the consumer of the possibility to withdraw from the credit agreement or crowdfunding credit services and of the procedure to follow for withdrawing, in accordance with Article 26. That reminder shall be provided to the consumer, at the latest, one day after the conclusion of the credit agreement, of the agreement for the provision of crowdfunding credit services, or the acceptance of the credit offer.
2022/03/16
Committee: IMCO
Amendment 373 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 2
2. The pre-contractual information referred to in paragraph 1 shall be provided by digital means or on paper or on another durable medium by means of the Standard European Consumer Credit Information form set out in Annex I. All the information provided in the form shall be equally prominent. The creditor shall be deemed to have fulfilled the information requirements in this paragraph and in Article 3, paragraphs (1) and (2) of Directive 2002/65/EC if he or she has supplied the Standard European Consumer Credit Information.
2022/03/16
Committee: IMCO
Amendment 375 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – introductory part
3. The pre-contractual information referred to in paragraph 1 shall specify all of the following elements, displayed on the first page of the Standard European Consumer Credit Information form and in a prominent way and readable for the consumer:
2022/03/16
Committee: IMCO
Amendment 376 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point a
(a) the type of credit;deleted
2022/03/16
Committee: IMCO
Amendment 380 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point b
(b) the identity, geographical address, telephone number and email address of the creditor as well as, where applicable, the identity, geographical address, telephone number and email address of the credit intermediary and of the provider of crowdfunding credit services involved;deleted
2022/03/16
Committee: IMCO
Amendment 382 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point c
(c) the total amount of credit and the conditions governing the drawdown;
2022/03/16
Committee: IMCO
Amendment 383 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point d
(d) the duration of the credit agreement or crowdfunding credit services;deleted
2022/03/16
Committee: IMCO
Amendment 387 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point f
(f) the borrowing rate, or all borrowing rates where different borrowing rates apply in different circumstances, the conditions governing the application of each borrowing rate and, where available, any index or reference rate applicable to each initial borrowing rate , as well as the periods, conditions and procedures for changing each borrowing rate;
2022/03/16
Committee: IMCO
Amendment 390 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point g
(g) the annual percentage rate of charge and the total amount payable by the consumer, illustrated by means of a representative example mentioning all the assumptions used in order to calculate that rate; Where the consumer has informed the creditor or the provider of crowdfunding credit services of one or more components of his or her preferred credit, such as the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services and the total amount of credit, the creditor or the provider of crowdfunding credit services shall take those components into account;
2022/03/16
Committee: IMCO
Amendment 392 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point h
(h) where a credit agreement or crowdfunding credit services provide different ways of drawdown with different charges or borrowing rates and the creditor uses the assumption set out in Part II, point (b), of Annex IV, an indication that other drawdown mechanisms for the relevant type of credit agreement or crowdfunding credit services may result in higher annual percentage rates of charge;deleted
2022/03/16
Committee: IMCO
Amendment 393 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point i
(i) the amount, number and frequency of payments to be made by the consumer and, where appropriate, the order in which payments will be allocated to different outstanding balances charged at different borrowing rates for the purposes of reimbursement;deleted
2022/03/16
Committee: IMCO
Amendment 394 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point j
(j) where applicable, the charges for maintaining one or several compulsory accounts recording both payment transactions and drawdowns, the charges for using a means of payment for both payment transactions and drawdowns, any other charges deriving from the credit agreement or crowdfunding credit services, and the conditions under which any of those charges may be changed;deleted
2022/03/16
Committee: IMCO
Amendment 395 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point k
(k) where applicable, any costs payable by the consumer to a notary on conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services;deleted
2022/03/16
Committee: IMCO
Amendment 396 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point l
(l) the obligation, if any, to enter into an ancillary service contract relating to the credit agreement or the crowdfunding credit services, where the conclusion of such a contract is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed;deleted
2022/03/16
Committee: IMCO
Amendment 397 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point m
(m) costs in the case of late payments, i.e. the interest rate applicable in the case of late payments and the arrangements for its adjustment, and, where applicable, any charges payable for default;
2022/03/16
Committee: IMCO
Amendment 398 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point n
(n) a warning regarding the consequences of missing or late payments;deleted
2022/03/16
Committee: IMCO
Amendment 402 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point o
(o) where applicable, the sureties requirdeleted;
2022/03/16
Committee: IMCO
Amendment 405 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point p
(p) the existence or absence of a right of withdrawal;
2022/03/16
Committee: IMCO
Amendment 406 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point q
(q) the right of early repayment, and, where applicable, information concerning the creditor's right to compensation and the way in which that compensation will be determined;deleted
2022/03/16
Committee: IMCO
Amendment 407 #

2021/0171(COD)

(r) the consumer's right to be informed immediately and free of charge, pursuant to Article 19(2), of the result of a database consultation carried out for the purposes of assessing his or her creditworthiness;deleted
2022/03/16
Committee: IMCO
Amendment 408 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point s
(s) the consumer's right, as set out in paragraph 8, to be supplied, on request and free of charge, with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer;deleted
2022/03/16
Committee: IMCO
Amendment 410 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point t
(t) where applicable, an indication that the price was personalised on the basis of automated processing, including profiling;deleted
2022/03/16
Committee: IMCO
Amendment 411 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point u
(u) where applicable, the period of time during which the creditor or the provider of crowdfunding credit services is bound by the pre-contractual information provided in accordance with this Article;deleted
2022/03/16
Committee: IMCO
Amendment 412 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point v
(v) the possibility of having recourse to an out-of-court complaint and redress mechanism for the consumer and the methods for having access to it.deleted
2022/03/16
Committee: IMCO
Amendment 415 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 a (new)
3 a. The pre-contractual information referred to in paragraph 1 shall specify all of the following elements starting on the second page of the Standard European Consumer Credit Information form: (a) the type of credit; (b) the identity, geographical address, telephone number and email address of the creditor as well as, where applicable, the identity, geographical address, telephone number and email address of the credit intermediary and of the provider of crowdfunding credit services involved; (c) the conditions governing the drawdown; (d) the duration of the credit agreement or crowdfunding credit services; (e) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price; (f) the conditions governing the application of each borrowing rate and, where available, any index or reference rate applicable to each initial borrowing rate , as well as the periods, conditions and procedures for changing each borrowing rate; (g) the annual percentage rate of charge and the total amount payable by the consumer, illustrated by means of a representative example mentioning all the assumptions used in order to calculate that rate;Where the consumer has informed the creditor or the provider of crowdfunding credit services of one or more components of his or her preferred credit, such as the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services and the total amount of credit, the creditor or the provider of crowdfunding credit services shall take those components into account; (h) where a credit agreement or crowdfunding credit services provide different ways of drawdown with different charges or borrowing rates and the creditor uses the assumption set out in Part II, point (b), of Annex IV, an indication that other drawdown mechanisms for the relevant type of credit agreement or crowdfunding credit services may result in higher annual percentage rates of charge; (i) the amount, number and frequency of payments to be made by the consumer and, where appropriate, the order in which payments will be allocated to different outstanding balances charged at different borrowing rates for the purposes of reimbursement;(j) where applicable, the charges for maintaining one or several compulsory accounts recording both payment transactions and drawdowns, the charges for using a means of payment for both payment transactions and drawdowns, any other charges deriving from the credit agreement or crowdfunding credit services, and the conditions under which any of those charges may be changed; (k) where applicable, any costs payable by the consumer to a notary on conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services; (l) the obligation, if any, to enter into an ancillary service contract relating to the credit agreement or the crowdfunding credit services, where the conclusion of such a contract is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed; (m) a warning regarding the consequences of missing or late payments; (n) where applicable, the sureties required; (o) the right of early repayment, and, where applicable, information concerning the creditor's right to compensation and the way in which that compensation will be determined; (p) the consumer's right to be informed immediately and free of charge, pursuant to Article 19(2), of the result of a database consultation carried out for the purposes of assessing his or her creditworthiness; (q) the consumer's right, as set out in paragraph 8, to be supplied, on request and free of charge, with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer; (r) where applicable, an indication that the price was personalised on the basis of automated processing, including profiling; (s) where applicable, the period of time during which the creditor or the provider of crowdfunding credit services is bound by the pre-contractual information provided in accordance with this Article; (t) the possibility of having recourse to an out-of-court complaint and redress mechanism for the consumer and the methods for having access to it.
2022/03/16
Committee: IMCO
Amendment 419 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4
4. At the same time as the Standard European Consumer Credit Information form is provided to the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services, shall provide the consumer with the Standard European Consumer Credit Overview form set out in Annex II, containing the following pre-contractual information: (a) the total amount of credit; (b) the duration of the credit agreement or of the agreement for the provision of crowdfunding credit services; (c) the borrowing rate, or all borrowing rates if different borrowing rates apply in different circumstances; (d) the annual percentage rate of charge and the total amount payable by the consumer; (e) in the case of a credit in the form of deferred payment for specific goods or services and in the case of linked credit agreements, the specific goods or services and their cash price; (f) costs in the case of late payments;deleted
2022/03/16
Committee: IMCO
Amendment 441 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 5 – introductory part
5. Information displayed in the Standard European Consumer Credit Information form and in the Standard European Consumer Credit Overview form shall be consistent. It shall be clearly legible and take into account the technical constraints of the medium on which it is displayed. Information shall be displayed in an adequate and suitable way on the different channels.
2022/03/16
Committee: IMCO
Amendment 446 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Any additional information which the creditor may provide to the consumer shall be given in a separate document which may be annexed to the Standard European Consumer Credit Information form or the Standard European Consumer Credit Overview form.
2022/03/16
Committee: IMCO
Amendment 457 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall provide the consumer with the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.
2022/03/16
Committee: IMCO
Amendment 462 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 8
8. Upon request from the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall, in addition to the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer.
2022/03/16
Committee: IMCO
Amendment 469 #

2021/0171(COD)

Proposal for a directive
Article 11 – paragraph 1
1. For credit agreements referred to in Article 2(5) or (6), the pre-contractual information referred to in Article 10(1) shall, by way of derogation from paragraph 2 of that Article, be provided on paper or on another durable medium by means of the European Consumer Credit Information form set out in Annex III. All information provided in that form shall be equally prominent. The creditor shall be deemed to have fulfilled the information requirements in this paragraph and in Article 3, paragraphs (1) and (2) of Directive 2002/65/EC if he or she has supplied the European Consumer Credit Information.
2022/03/16
Committee: IMCO
Amendment 487 #

2021/0171(COD)

Proposal for a directive
Article 11 – paragraph 6
6. Upon request from the consumer, the creditor and, where applicable, the credit intermediary shall, in addition to the European Consumer Credit Information and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer.
2022/03/16
Committee: IMCO
Amendment 491 #

2021/0171(COD)

Proposal for a directive
Article 11 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this Article, the creditor shall immediately after the conclusion of the credit agreement provide the consumer with the European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement.
2022/03/16
Committee: IMCO
Amendment 502 #

2021/0171(COD)

Proposal for a directive
Article 13 – paragraph 1
Without prejudice to Regulation 2016/679, Member States shall require that creditors, credit intermediaries and providers of crowdfunding credit services inform consumers when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data.
2022/03/16
Committee: IMCO
Amendment 515 #

2021/0171(COD)

Proposal for a directive
Article 14 – paragraph 3
3. By way of derogation from paragraph 1 and without prejudice to the application of competition law, Member States may allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered, on terms and conditions similar to each other, aresult in a clear of benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market.
2022/03/16
Committee: IMCO
Amendment 521 #

2021/0171(COD)

Proposal for a directive
Article 14 – paragraph 4 a (new)
4 a. This article does not prohibit the tying of an overdraft facility with the consumer’s payment account.
2022/03/16
Committee: IMCO
Amendment 529 #

2021/0171(COD)

Proposal for a directive
Article 16 – paragraph 3 – point d
(d) act in the best interests of the consumer by informing themselves about the consumer’s needs and circumstances and recommending suitable credit agreements;
2022/03/16
Committee: IMCO
Amendment 539 #

2021/0171(COD)

Proposal for a directive
Article 17 – title
Ban on unsolicited granting of credit sales
2022/03/16
Committee: IMCO
Amendment 544 #

2021/0171(COD)

Proposal for a directive
Article 17 – paragraph 1
Member States shall prohibit any salegranting of credit to consumers, without their prior request and explicit agreement.
2022/03/16
Committee: IMCO
Amendment 553 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 1
1. Member States shall require that, before concluding a credit agreement, or an agreement for the provision of crowdfunding credit services, the creditor or, where applicable, the provider of crowdfunding credit services makes a thoroughrelevant assessment of the consumer’s creditworthiness. That assessment shall be done in the interest of the consumer, to prevent irresponsible lending practices and over-indebtedness, and shall take appropriate and proportionate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services.
2022/03/16
Committee: IMCO
Amendment 561 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 2 – introductory part
2. The assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitmentstaking into account the nature, duration, complexity and value of the credit provided. The information shall be obtained from relevant internal or external sources, including the consumer and,or where necessary, on the basis of a consultation of a database referred to in Article 19.
2022/03/16
Committee: IMCO
Amendment 567 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
The information obtained in accordance with this paragraph shall be appropriately verified, where necessary through reference to independently verifiable documentation or by using statistical methods within automated decision- making systems.
2022/03/16
Committee: IMCO
Amendment 582 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 3 – introductory part
3. Member States shall requiensure that the creditor or, where applicable, the provider of crowdfunding credit services establishes procedures for the assessment referred to in paragraph 1 and that theis required to reassess the consumer’s creditworthiness orn the provider of crowdfunding credit services documents and maintains such proceduresbasis of updated information before any significant increase in the total amount of credit is granted.
2022/03/16
Committee: IMCO
Amendment 583 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 3 a (new)
3 a. Member States shall guarantee that the right to be forgotten to all European patients 10 years after the end of their treatment, and up to five years after the end of treatment for patients whose diagnosis was made before the age of 18. Member States shall ensure equal access to credit for cancer survivors.
2022/03/16
Committee: IMCO
Amendment 586 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 4 – introductory part
4. Member States shall ensure that the creditor or the provider of crowdfunding credit services is only able to makes the credit available to the consumer where the result of the creditworthiness assessment indicates that there is no significant doubt that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely towill be met in the manner required under that agreement.
2022/03/16
Committee: IMCO
Amendment 601 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6 – introductory part
6. Without prejudice to Regulation 2016/679, where the creditworthiness assessment involves the use of profiling or other automated processing of personal data, Member States shall ensure that the consumer has the right to: obtain human intervention for clear explanation, express his or her point of view and to contest the decision.
2022/03/16
Committee: IMCO
Amendment 604 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6 – point a
(a) request and obtain human intervention on the part of the creditor or the provider of crowdfunding credit services to review the decision;deleted
2022/03/16
Committee: IMCO
Amendment 609 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6 – point b
(b) request and obtain from the creditor or the provider of crowdfunding credit services a clear explanation of the assessment of creditworthiness, including on the logic and risks involved in the automated processing of personal data as well as its significance and effects on the decision;deleted
2022/03/16
Committee: IMCO
Amendment 614 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6 – point c
(c) express his or her point of view and contest the assessment of the creditworthiness and the decision.deleted
2022/03/16
Committee: IMCO
Amendment 620 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 7
7. Member States shall ensure that where the credit application is rejected the creditor or the provider of crowdfunding credit services is required to inform the consumer without delay of the rejection and, where applicable, of the fact that the assessment of creditworthiness is based on automated processing of data.
2022/03/16
Committee: IMCO
Amendment 628 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 9
9. Member States whose legislationmay requires creditors or providers of crowdfunding credit services to assess the creditworthiness of consumers on the basis of a consultation of the relevant database may retain this requirement.
2022/03/16
Committee: IMCO
Amendment 677 #

2021/0171(COD)

Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
The deadline referred to in the first subparagraph shall be deemed to have been met if the notification referred to in paragraph 3, point (a), is dispatched by the consumer to the creditor of to the provider of crowdfunding credit services before that deadline expires. If the creditor or the provider of crowdfunding credit services has not provided the consumer with the information on the right of withdrawal in accordance with Article 21(1) paragraph b) , the withdrawal period shall expire 14 days plus 12 months after the day of the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.
2022/03/16
Committee: IMCO
Amendment 692 #

2021/0171(COD)

Proposal for a directive
Article 29 – paragraph 1
1. Member States shall ensure that the consumer is at any time entitled to early repayment. In such cases, the consumer shall be entitled to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract. When calculating that reduction, all the costs imposed on the consumer by the creditor, except for fees corresponding to services effectively provided to the consumer or to costs effectively incurred by the lender, as well as third party costs, shall be taken into consideration.
2022/03/16
Committee: IMCO
Amendment 704 #

2021/0171(COD)

Proposal for a directive
Article 31
Caps on interest rates, annual percentage rate of charge and the total cost of the 1. Member States shall introduce caps on one or more of the following: (a) interest rates applicable to credit agreements or to crowdfunding credit services; (b) the annual percentage rate of charge; (c) the total cost of the credit to the consumer. 2. Member States may introduce additional caps for revolving credit facilities.Article 31 deleted credit to the consumer
2022/03/16
Committee: IMCO
Amendment 754 #

2021/0171(COD)

Proposal for a directive
Article 36 – paragraph 1
Member States shall ensure that debt advisory services are made available to consumers who experience or might experience difficulties in meeting their financial commitments.
2022/03/16
Committee: IMCO
Amendment 761 #

2021/0171(COD)

Proposal for a directive
Article 37 – paragraph 1
Member States shall ensurequire that creditors, credit intermediaries and providers of crowdfunding credit services that are not credit institutions as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013 are subject to an adequate admission process and to registration and supervision arrangements set up by an independent competent authority. The Commission shall regularly monitor and review the efficiency of the measures taken.
2022/03/16
Committee: IMCO
Amendment 766 #

2021/0171(COD)

Proposal for a directive
Article 37 – paragraph 1 a (new)
The possibility to offer consumer credits shall be restricted to those entities that have obtained the authorization referred to in Article 37 (1).
2022/03/16
Committee: IMCO
Amendment 805 #

2021/0171(COD)

Proposal for a directive
Annex II
STANDARD EUROPEAN CONSUMER CREDIT OVERVIEW [...] Wherever ‘where applicable’ is indicated, the creditor or the provider of crowdfunding credit services must fill in the box if the information is relevant to the credit product, or delete the information or the entire row where the information is not relevant for the type of credit concerned. Indications between square brackets provide explanations for the creditor or the provider of crowdfunding credit services and must be replaced with the corresponding information. The Standard European Consumer Credit Overview must be displayed on one page on top of the Standard European Consumer Credit Information form, be clearly legible and be adapted to take into account the technical constraints of media on which it is displayed.deleted
2022/03/16
Committee: IMCO
Amendment 806 #

2021/0171(COD)

Proposal for a directive
Annex II – paragraph 1
Wherever ‘where applicable’ is indicated, the creditor or the provider of crowdfunding credit services must fill in the box if the information is relevant to the credit product, or delete the information or the entire row where the information is not relevant for the type of credit concerned.deleted
2022/03/16
Committee: IMCO
Amendment 807 #

2021/0171(COD)

Proposal for a directive
Annex II – paragraph 2
Indications between square brackets provide explanations for the creditor or the provider of crowdfunding credit services and must be replaced with the corresponding information.deleted
2022/03/16
Committee: IMCO
Amendment 808 #

2021/0171(COD)

Proposal for a directive
Annex II – paragraph 3
The Standard European Consumer Credit Overview must be displayed on one page on top of the Standard European Consumer Credit Information form, be clearly legible and be adapted to take into account the technical constraints of media on which it is displayed.deleted
2022/03/16
Committee: IMCO
Amendment 102 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point h a (new)
(ha) restraining to participate, directly or indirectly, in new public procurement or concession contract procedures in the internal market;
2022/02/02
Committee: IMCO
Amendment 132 #

2021/0114(COD)

Proposal for a regulation
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contribution in an EU public procurement procedure shall be deemed to arise where the estimated value of that public procurement is equal or greater than EUR 250 million150 million for goods and services contracts and EUR 250 million for public work contracts.
2022/02/02
Committee: IMCO
Amendment 143 #

2021/0114(COD)

Proposal for a regulation
Article 28 – paragraph 2
(2) The obligation to notify foreign financial contributions under this paragraph shall extend to economic operators, groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU, Article 19(2) of Directive 2014/24/EU and Article 37(2) of Directive 2014/25/EU, main subcontractors and main suppliers. A subcontractor or supplier shall be deemed to be main where their participation ensures key elements of the contract performance and in any case where the economic share of their contribution exceeds 310% of the estimated value of the contract.
2022/02/02
Committee: IMCO
Amendment 160 #

2021/0114(COD)

Proposal for a regulation
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 1200 days after it received the notification. In exceptional circumstances, this time limit may be extended after consultation with the concerned contracting authority or contracting entity. If the Commission does not adopt a decision within that time limit, the undertakings concerned shall be allowed to continue the process related to the public procurement.
2022/02/02
Committee: IMCO
Amendment 311 #

2021/0106(COD)

Proposal for a regulation
Citation 5 a (new)
Having regard to the opinion of the European Central Bank,
2022/06/13
Committee: IMCOLIBE
Amendment 348 #

2021/0106(COD)

Proposal for a regulation
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time meets a high level of protection of public interests, such as health and safety and the protection of fundamental rights, as recognised and protected by Union law. To achieve that objective, rules regulating the placing on the market and putting into service of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. By laying down those rules as well as measures in support of innovation with a particular focus on SMEs and start-ups, this Regulation supports the objective of the Union of being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council33 , and it ensures the protection of ethical principles, as specifically requested by the European Parliament34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL).
2022/06/13
Committee: IMCOLIBE
Amendment 399 #

2021/0106(COD)

Proposal for a regulation
Recital 12 a (new)
(12 a) This Regulation should not undermine research and development activity and should respect freedom of science. It is therefore necessary to exclude from its scope AI systems specifically developed and put into service for the sole purpose of scientific research and development and to ensure that the Regulation does not otherwise affect scientific research and development activity on AI systems. As regards product oriented research activity by providers, the provisions of this Regulation should apply insofar as such research leads to or entails placing of an AI system on the market or putting it into service. Under all circumstances, any research and development activity should be carried out in accordance with recognised ethical standards for scientific research.
2022/06/13
Committee: IMCOLIBE
Amendment 430 #

2021/0106(COD)

Proposal for a regulation
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended towith the objective to or the effect of distorting human behaviour, whereby physical or psychological harms are reasonably likely to occur, should be forbidden. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacitiesspecific groups of persons due to their age, disabilities, social or economic situation. They do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
2022/06/13
Committee: IMCOLIBE
Amendment 443 #

2021/0106(COD)

Proposal for a regulation
Recital 17 a (new)
(17 a) AI systems used by law enforcement authorities or on their behalf to predict the probability of a natural person to offend or to reoffend, based on profiling and individual risk-assessment hold a particular risk of discrimination against certain persons or groups of persons, as they violate human dignity as well as the key legal principle of presumption of innocence. Such AI systems should therefore be prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 534 #

2021/0106(COD)

Proposal for a regulation
Recital 30
(30) As regards AI systems that are safety components of products, or which are themselves products, falling within the scope of certain Union harmonisation legislation, it is appropriate to classify them as high-risk under this Regulation if the product in question undergoes the conformity assessment procedure in order to ensure compliance with essential safety requirements with a third-party conformity assessment body pursuant to that relevant Union harmonisation legislation. In particular, such products are machinery, toys, lifts, equipment and protective systems intended for use in potentially explosive atmospheres, radio equipment, pressure equipment, recreational craft equipment, cableway installations, appliances burning gaseous fuels, medical devices, and in vitro diagnostic medical devices.
2022/06/13
Committee: IMCOLIBE
Amendment 563 #

2021/0106(COD)

Proposal for a regulation
Recital 36
(36) AI systems used for making autonomous decisions or materially influencing decisions in employment, workers management and access to self- employment, notably for the recruitment and selection of persons, for making decisions on promotion and termination and for task allocation, monitoring or evaluation of persons in work-related contractual relationships, should also be classified as high-risk, since those systems may appreciably impact future career prospects and livelihoods of these persons. Relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the Commission Work Programme 2021. Such persons should in principle not be considered users within the meaning of this Regulation. Throughout the recruitment process and in the evaluation, promotion, or retention of persons in work-related contractual relationships, such systems may perpetuate historical patterns of discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation. AI systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy.
2022/06/13
Committee: IMCOLIBE
Amendment 576 #

2021/0106(COD)

Proposal for a regulation
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providerSMEs and start-ups for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
2022/06/13
Committee: IMCOLIBE
Amendment 582 #

2021/0106(COD)

Proposal for a regulation
Recital 38
(38) Actions by law enforcement authorities involving certain uses of AI systems are characterised by a significant degree of power imbalance and may lead to surveillance, arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the Charter. In particular, if the AI system is not trained with high quality data, does not meet adequate requirements in terms of its accuracy or robustness, or is not properly designed and tested before being put on the market or otherwise put into service, it may single out people in a discriminatory or otherwise incorrect or unjust manner. Furthermore, the exercise of important procedural fundamental rights, such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence, could be hampered, in particular, where such AI systems are not sufficiently transparent, explainable and documented. It is therefore appropriate to classify as high-risk a number of AI systems intended to be used in the law enforcement context where accuracy, reliability and transparency is particularly important to avoid adverse impacts, retain public trust and ensure accountability and effective redress. In view of the nature of the activities in question and the risks relating thereto, those high-risk AI systems should include in particular AI systems intended to be used by law enforcement authorities for individual risk assessments, polygraphs and similar tools or to detect the emotional state of natural person, to detect ‘deep fakes’, for the evaluation of the reliability of evidence in criminal proceedings, for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons, or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups, for profiling in the course of detection, investigation or prosecution of criminal offences, as well as for crime analytics regarding natural persons. AI systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk AI systems used by law enforcement authorities for the purposes of prevention, detection, investigation and prosecution of criminal offences.
2022/06/13
Committee: IMCOLIBE
Amendment 662 #

2021/0106(COD)

Proposal for a regulation
Recital 56
(56) To enable enforcement of this Regulation and create a level-playing field for operators, and taking into account the different forms of making available of digital products, it is important to ensure that, under all circumstances, a person established in the Union can provide authorities with all the necessary information on the compliance of an AI system. Therefore, prior to making their AI systems available in the Union, where an importer cannot be identified, providers established outside the Union shall, by written mandate, appoint an authorised representative established in the Union.
2022/06/13
Committee: IMCOLIBE
Amendment 674 #

2021/0106(COD)

Proposal for a regulation
Recital 61
(61) Standardisation should play a key role to provide technical solutions to providers to ensure compliance with this Regulation. Compliance with harmonised standards as defined in Regulation (EU) No 1025/2012 of the European Parliament and of the Council54 should be a means for providers to demonstrate conformity with the requirements of this Regulation. However, the Commission could adopt common technical specifications in areas where no harmonised standards exist or where they are insufficientand are not expected to be published within a reasonable period or where they are insufficient, only after consulting the Artificial Intelligence Board, the European standardisation organisations as well as the relevant stakeholders. The Commission should duly justify why it decided not to use harmonised standards. _________________ 54 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
2022/06/13
Committee: IMCOLIBE
Amendment 713 #

2021/0106(COD)

Proposal for a regulation
Recital 70
(70) Certain AI systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. In certain circumstances, the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk AI systems. In particular, natural persons should be notified that they are interacting with an AI system, unless this is obvious from the circumstances and the context of use or where the content is part of an obviously artistic, creative or fictional cinematographic work. Moreover, natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. Such information and notifications should be provided in accessible formats for persons with disabilities. Further, users, who use an AI system to generate or manipulate image, audio or video content that appreciably resembles existing persons, places or events and would falsely appear to a person to be authentic, should disclose, in an appropriate, clear and visible manner, that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin.
2022/06/13
Committee: IMCOLIBE
Amendment 733 #

2021/0106(COD)

Proposal for a regulation
Recital 73
(73) In order to promote and protect innovation, it is important that the interests of small-scaletart-ups and SME providers and users of AI systems are taken into particular account. To this objective, Member States should develop initiatives, which are targeted at those operators, including on awareness raising and information communication. Moreover, the specific interests and needs of small-scale providerSMEs and start-ups shall be taken into account when Notified Bodies set conformity assessment fees. Translation costs related to mandatory documentation and communication with authorities may constitute a significant cost for providers and other operators, notably those of a smaller scale. Member States should possibly ensure that one of the languages determined and accepted by them for relevant providers’ documentation and for communication with operators is one which is broadly understood by the largest possible number of cross-border users.
2022/06/13
Committee: IMCOLIBE
Amendment 741 #

2021/0106(COD)

Proposal for a regulation
Recital 76
(76) In order to facilitate a smooth, effective and harmonised implementation of this Regulation a European Artificial Intelligence Board should be established as a body of the Union and should have legal personality. The Board should be responsible for a number of advisory tasks, including issuing opinions, recommendations, advice or guidance on matters related to the implementation of this Regulation, including on technical specifications or existing standards regarding the requirements established in this Regulation and providing advice to and assisting the Commission and the national competent authorities on specific questions related to artificial intelligence.
2022/06/13
Committee: IMCOLIBE
Amendment 797 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point e
(e) rules on market monitoring and, market surveillance and governance; .
2022/06/13
Committee: IMCOLIBE
Amendment 802 #

2021/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point e a (new)
(e a) measures in support of innovation with a particular focus on SMEs and start-ups, including the setting up of regulatory sandboxes and the reduction of regulatory burdens.
2022/06/13
Committee: IMCOLIBE
Amendment 820 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) users of AI systems locatwho are established within the Union;
2022/06/13
Committee: IMCOLIBE
Amendment 827 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) providers and users of AI systems thatwho are locatestablished in a third country, where the output produced by the system is used in the Union;
2022/06/13
Committee: IMCOLIBE
Amendment 833 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
(c a) importers and distributors of AI systems;
2022/06/13
Committee: IMCOLIBE
Amendment 834 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)
(c b) product placing on the market or putting into service an AI system together with their product and under their own name or trademark;
2022/06/13
Committee: IMCOLIBE
Amendment 837 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c c (new)
(c c) authorised representatives of providers, which are established in the Union.
2022/06/13
Committee: IMCOLIBE
Amendment 844 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – introductory part
2. For high-risk AI systems that are safety components of products or systems, or which are themselves products or systems, falling within the scope of the following acts,classified as high- risk AI in accordance with Article 6 related to products covered by Union harmonisation legislation listed in Annex II, section B only Article 84 of this Regulation shall apply:.
2022/06/13
Committee: IMCOLIBE
Amendment 845 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a
(a) Regulation (EC) 300/2008;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 847 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b
(b) Regulation (EU) No 167/2013;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 849 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point c
(c) Regulation (EU) No 168/2013;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 851 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point d
(d) Directive 2014/90/EU;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 853 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point e
(e) Directive (EU) 2016/797;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 856 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point f
(f) Regulation (EU) 2018/858;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 857 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point g
(g) Regulation (EU) 2018/1139;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 860 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point h
(h) Regulation (EU) 2019/2144.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 861 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 a (new)
2 a. This Regulation shall not apply to AI systems, including their output, specifically developed and put into service for the sole purpose of scientific research and development.
2022/06/13
Committee: IMCOLIBE
Amendment 863 #

2021/0106(COD)

Proposal for a regulation
Article 2 – paragraph 2 b (new)
2 b. This Regulation shall not apply to any research and development activity regarding AI systems in so far as such activity does not lead to or entail placing an AI system on the market or putting it into service.
2022/06/13
Committee: IMCOLIBE
Amendment 930 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) ‘provid'developer' means a natural or legal person, public authority, agency or other body that develops an AI system or that has an AI system developed with a view toand placinges it on the market or puttings it into service under its own name or trademark, whether for payment or free of charge or that adapts general purpose AI systems to a specific intended purpose;
2022/06/13
Committee: IMCOLIBE
Amendment 937 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) ‘small-scale provider’ means a provider that is a micro or small enterprise within the meaning of Commission Recommendation 2003/361/EC61 ; _________________ 61 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 947 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘usdeployer’ means any natural or legal person, public authority, agency or other body using an AI system under its authority, except where the AI system is used in the course of a personal non- professional activity;
2022/06/13
Committee: IMCOLIBE
Amendment 1002 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 23
(23) ‘substantial modification’ means a change to the AI system following its placing on the market or putting into service, which affectsis not foreseen or planned by the provider and as a result of which the compliance of the AI system with the requirements set out in Title III, Chapter 2 of this Regulation oris affected or which results in a modification to the intended purpose for which the AI system has been assessed. A substantial modification is given if the remaining risk is increased by the modification of the AI system under the application of all necessary protective measures;
2022/06/13
Committee: IMCOLIBE
Amendment 1009 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 24
(24) ‘CE marking of conformity’ (CE marking) means a physical or digital marking by which a provider indicates that an AI system or a product with an embedded AI system is in conformity with the requirements set out in Title III, Chapter 2 of this Regulation and other applicable Union legislation harmonising the conditions for the marketing of products (‘Union harmonisation legislation’) providing for its affixing;
2022/06/13
Committee: IMCOLIBE
Amendment 1037 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 34
(34) ‘emotion recognition system’ means an AI system for the purpose of identifying or inferring emotions, thoughts or intentions of natural persons on the basis of their biometric or biometrics-based data;
2022/06/13
Committee: IMCOLIBE
Amendment 1103 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
(44 a) ‘regulatory sandbox’ means a facility that provides a controlled environment that facilitates the safe development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan;
2022/06/13
Committee: IMCOLIBE
Amendment 1111 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 44 b (new)
(44 b) ‘deep fake’ means an AI system that generates or manipulates image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful.
2022/06/13
Committee: IMCOLIBE
Amendment 1169 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order towith the objective to or the effect of materially distorting a person’s behaviour in a manner that causes or is reasonably likely to cause that person or another person physical or psychological harm;
2022/06/13
Committee: IMCOLIBE
Amendment 1181 #

2021/0106(COD)

(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of an individual, including characteristics of such individual’s known or predicted personality or social or economic situation, a specific group of persons due to their age, physical or mental or disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
2022/06/13
Committee: IMCOLIBE
Amendment 1223 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
(c a) the placing on the market, putting into service or use of an AI system for making individual risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of a natural person or on assessing personality traits and characteristics or past criminal behaviour of natural persons or groups of natural persons;
2022/06/13
Committee: IMCOLIBE
Amendment 1423 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) the AI system is intended to be used as a main safety component of a product, or is itself a product, covered by the Union harmonisation legislation listed in Annex II;
2022/06/13
Committee: IMCOLIBE
Amendment 1429 #

2021/0106(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) the product whose main safety component is the AI system, or the AI system itself as a product, is required to undergo a third-party conformity assessment in order to ensure compliance with essential safety requirements with a view to the placing on the market or putting into service of that product pursuant to the Union harmonisation legislation listed in Annex II.
2022/06/13
Committee: IMCOLIBE
Amendment 1466 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 73 to update the list in Annex III by adding high-risk AI systems where, after an adequate and transparent consultation process involving the relevant stakeholders, to update the list in Annex III by withdrawing areas from that list or by adding critical areas. For additions both of the following conditions arneed to be fulfilled:
2022/06/13
Committee: IMCOLIBE
Amendment 1503 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point b a (new)
(b a) the extent to which the AI system acts autonomously;
2022/06/13
Committee: IMCOLIBE
Amendment 1520 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point e a (new)
(e a) the potential misuse and malicious use of the AI system and of the technology underpinning it;
2022/06/13
Committee: IMCOLIBE
Amendment 1531 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point g a (new)
(g a) magnitude and likelihood of benefit of the deployment of the AI system for individuals, groups, or society at large;
2022/06/13
Committee: IMCOLIBE
Amendment 1538 #

2021/0106(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point h – introductory part
(h) the extent to which existing Union legislation, in particular the GDPR, provides for:
2022/06/13
Committee: IMCOLIBE
Amendment 1555 #

2021/0106(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. High-risk AI systems shall comply with the requirements established in this Chapter, taking into account the generally acknowledged state of the art, including as reflected in relevant harmonised standards or common specifications.
2022/06/13
Committee: IMCOLIBE
Amendment 1587 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a
(a) identification and analysis of the known and foreseeable risks associated with eachmost likely to occur to health, safety and fundamental rights in view of the intended purpose of the high-risk AI system;
2022/06/13
Committee: IMCOLIBE
Amendment 1602 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 2 a (new)
2 a. The risks referred to in paragraph 2 shall concern only those which may be reasonably mitigated or eliminated through the development or design of the high-risk AI system, or the provision of adequate technical information.
2022/06/13
Committee: IMCOLIBE
Amendment 1605 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. The risk management measures referred to in paragraph 2, point (d) shall give due consideration to the effects and possible interactions resulting from the combined application of the requirements set out in this Chapter 2. They shall take into account the generally acknowledged state of the art, including as reflected in relevant harmonised standards or common specification, with a view to minimising risks more effectively while achieving an appropriate balance in implementing the measures to fulfil those requirements.
2022/06/13
Committee: IMCOLIBE
Amendment 1621 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) elimination or reduction of risks as far as posidentified and evaluated risks as far as economically and technologically feasible through adequate design and development of the high-risk AI system;
2022/06/13
Committee: IMCOLIBE
Amendment 1669 #

2021/0106(COD)

Proposal for a regulation
Article 9 – paragraph 9
9. For credit institutions regulated by Directive 2013/36/EUproviders and AI systems already covered by Union law that require them to establish a specific risk management, the aspects described in paragraphs 1 to 8 shall be part of the risk management procedures established by those institutions pursuant to Article 74 of that Directiveat Union law or deemed to be covered as part of it.
2022/06/13
Committee: IMCOLIBE
Amendment 1683 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2. Training, validation and testing data sets shall be subject to appropriate data governance and management practices appropriate for the context of the use as well as the intended purpose of the AI system. Those practices shall concern in particular,
2022/06/13
Committee: IMCOLIBE
Amendment 1693 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point c
(c) relevant data preparation processing operations, such as annotation, labelling, cleaning, enrichment and aggregation;
2022/06/13
Committee: IMCOLIBE
Amendment 1702 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f
(f) examination in view of possible biases that are likely to affect the output of the AI system;
2022/06/13
Committee: IMCOLIBE
Amendment 1707 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point g
(g) the identification of any possiblesignificant data gaps or shortcomings, and how those gaps and shortcomings can be addressed.
2022/06/13
Committee: IMCOLIBE
Amendment 1715 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Training, validation and testing data sets shall be relevant, representative, free of errors and completeHigh-risk AI systems shall be designed and developed with the best efforts to ensure that training, validation and testing data sets shall be relevant, representative, and to the best extent possible, free of errors and complete in accordance with industry standards. They shall have the appropriate statistical properties, including, where applicable, as regards the persons or groups of persons on which the high-risk AI system is intended to be used. These characteristics of the data sets may be met at the level of individual data sets or a combination thereof.
2022/06/13
Committee: IMCOLIBE
Amendment 1742 #

2021/0106(COD)

Proposal for a regulation
Article 10 – paragraph 6
6. Appropriate data governance and management practices shall apply fFor the development of high-risk AI systems nother than those which make use of using techniques involving the training of models in order to ensure that those high-risk AI systems comply with paragraph 2, paragraphs 2 to 5 shall apply only to the testing data sets.
2022/06/13
Committee: IMCOLIBE
Amendment 1753 #

2021/0106(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
The technical documentation shall be drawn up in such a way to demonstrate that the high-risk AI system complies with the requirements set out in this Chapter and provide national competent authorities and notified bodies with all the necessary information to assess the compliance of the AI system with those requirements. It shall contain, at a minimum, the elements set out in Annex IV or, in the case of SMEs and start-ups, any equivalent documentation meeting the same objectives, subject to approval of the competent authority.
2022/06/13
Committee: IMCOLIBE
Amendment 1790 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way to ensure that their operation is sufficiently transparent to enable users to interpret the system’s output and use it appropriately. An appropriate type and degree of transparency shall be ensured, with a view to achieving compliance with the relevant obligations of the user and of the provider set out in Chapter 3 of this Title. Transparency shall thereby mean that, to the extent that can be reasonably expected and is feasible in technical terms, the AI systems output is interpretable by the user and the user is able to understand the general functionality of the AI system and its use of data.
2022/06/13
Committee: IMCOLIBE
Amendment 1793 #

2021/0106(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. High-risk AI systems shall be accompanied by instructions for use in an appropriate digital format or otherwise that include concise, complete, correct and clear information that helps supporting informed decision-making by users and is relevant, accessible and comprehensible to users.
2022/06/13
Committee: IMCOLIBE
Amendment 1830 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – introductory part
4. The measures referred to For the purpose of implementing paragraph 3 shall enable the individuals to whom human oversight is assigned to do the following, as appropriate to the circumstances 1 to 3, the high-risk AI system shall be provided to the user in such a way that the individuals to whom human oversight is assigned are enabled as appropriate and proportionate, to the circumstances and in accordance with industry standards:
2022/06/13
Committee: IMCOLIBE
Amendment 1832 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – point a
(a) fulto be aware of and sufficiently understand the capacities and limitations of the high-risk AI system and be able to duly monitor its operation, so that signs of anomalies, dysfunctions and unexpected performance can be detected and addressed as soon as possible;
2022/06/13
Committee: IMCOLIBE
Amendment 1836 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – point c
(c) be able to correctly interpret the high-risk AI system’s output, taking into account in particular the characteristics of the system andfor example the interpretation tools and methods available;
2022/06/13
Committee: IMCOLIBE
Amendment 1838 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – point d
(d) to be able to decide, in any particular situation, not to use the high-risk AI system or otherwise disregard, override or reverse the output of the high-risk AI system;
2022/06/13
Committee: IMCOLIBE
Amendment 1841 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 4 – point e
(e) to be able to intervene on the operation of the high-risk AI system, halt or interrupt the system through a “stop” button or a similar procedurewhere reasonable and technically feasible and except if the human interference increases the risks or would negatively impact the performance in consideration of generally acknowledged state-of-the-art.
2022/06/13
Committee: IMCOLIBE
Amendment 1844 #

2021/0106(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. For high-risk AI systems referred to in point 1(a) of Annex III, the measures referred to in paragraph 3 shall be such as to ensure that, in addition, no action or decision is taken by the user on the basis of the identification resulting from the system unless this has been verified and confirmed by at least two natural persons separately.
2022/06/13
Committee: IMCOLIBE
Amendment 1850 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way that they achieve, in the light of their intended purpose and to the extent that can be reasonably expected and is in accordance with relevant industry standards, an appropriate level of accuracy, robustness and cybersecurity, and perform consistently in those respects throughout their lifecycle.
2022/06/13
Committee: IMCOLIBE
Amendment 1858 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 3 – introductory part
3. High-risk AI systems shall be resilientdesigned and developed with safety and security-by-design mechanism so that they achieve, in the light of their intended purpose, an appropriate level of cyber resilience as regards to errors, faults or inconsistencies that may occur within the system or the environment in which the system operates, in particular due to their interaction with natural persons or other systems.
2022/06/13
Committee: IMCOLIBE
Amendment 1863 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
High-risk AI systems that continue to learn after being placed on the market or put into service shall be developed in such a way to ensure that possibly biased outputs due to outputs used as aninfluencing input for future operations (‘feedback loops’) are duly addressed with appropriate mitigation measures.
2022/06/13
Committee: IMCOLIBE
Amendment 1867 #

2021/0106(COD)

Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
The technical solutions aimed at ensuring and organisational measures designed to uphold the cybersecurity of high-risk AI systems shall be appropriate to the relevant circumstances and the risks.
2022/06/13
Committee: IMCOLIBE
Amendment 1887 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point c
(c) draw-up the technical documentation of the high-risk AI system referred to in Article 18;
2022/06/13
Committee: IMCOLIBE
Amendment 1891 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point d
(d) when under their control, keep the logs automatically generated by their high- risk AI systems as referred to in Article 20;
2022/06/13
Committee: IMCOLIBE
Amendment 1893 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point e
(e) ensure that the high-risk AI system undergoes the relevant conformity assessment procedure as referred to in Article 43, prior to its placing on the market or putting into service;
2022/06/13
Committee: IMCOLIBE
Amendment 1899 #

2021/0106(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point g
(g) take the necessary corrective actions as referred to in Article 21, if the high-risk AI system is not in conformity with the requirements set out in Chapter 2 of this Title;
2022/06/13
Committee: IMCOLIBE
Amendment 1956 #

2021/0106(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Providers of high-risk AI systems shall keep the logs automatically generated by their high-risk AI systems, to the extent such logs are under their control by virtue of a contractual arrangement with the user or otherwise by law. The logs shall be kept for a period that is appropriate in the light of industry standards, the intended purpose of high-risk AI system and applicable legal obligations under Union or national law.
2022/06/13
Committee: IMCOLIBE
Amendment 1965 #

2021/0106(COD)

Proposal for a regulation
Article 22 – paragraph 1
Where the high-risk AI system presents a risk within the meaning of Article 65(1) and that risk is known to the provider of the system, that provider shall immediately inform the national competentmarket surveillance authorities of the Member States in which it made the system available and, where applicable, the notified body that issued a certificate for the high-risk AI system, in particular of the non-compliance and of any corrective actions taken.
2022/06/13
Committee: IMCOLIBE
Amendment 1981 #

2021/0106(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. Prior to making their systems available on the Union market, where an importer cannot be identified, providers established outside the Union shall, by written mandate, appoint an authorised representative which is established in the Union.
2022/06/13
Committee: IMCOLIBE
Amendment 1991 #

2021/0106(COD)

Proposal for a regulation
Article 25 – paragraph 2 – point c
(c) cooperate with competent national authorities, upon a reasoned request, on any action the latter takes into relation to the high-risk AI systemduce and mitigate the risks posed by a high-risk AI system covered by the authorised representative's mandate.
2022/06/13
Committee: IMCOLIBE
Amendment 2011 #

2021/0106(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. Where a distributor considers or has reason to consider that a high-risk AI system is not in conformity with the requirements set out in Chapter 2 of this Title, it shall not make the high-risk AI system available on the market until that system has been brought into conformity with those requirements. Furthermore, where the system presents a risk within the meaning of Article 65(1), the distributor shall inform the provider or the importer of the system as well as the market surveillance authorities, as applicable, to that effect.
2022/06/13
Committee: IMCOLIBE
Amendment 2015 #

2021/0106(COD)

Proposal for a regulation
Article 27 – paragraph 4
4. A distributor that considers or has reason to consider that a high-risk AI system which it has made available on the market is not in conformity with the requirements set out in Chapter 2 of this Title shall take the corrective actions necessary to bring that system into conformity with those requirements, to withdraw it or recall it or shall ensure that the provider, the importer or any relevant operator, as appropriate, takes those corrective actions. Where the high-risk AI system presents a risk within the meaning of Article 65(1), the distributor shall immediately inform the provider or the importer of the system as well as the national competent authorities of the Member States in which it has made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective actions taken.
2022/06/13
Committee: IMCOLIBE
Amendment 2039 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. Users of high-risk AI systems shall use such systems and implement human oversight in accordance with the instructions of use accompanying the systems, pursuant to paragraphs 2 and 5 of this article.
2022/06/13
Committee: IMCOLIBE
Amendment 2049 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 3
3. Without prejudice to paragraph 1, to the extent the user exercises control over the input data, that user shall ensure that input data is relevant in view of the intended purpose of the high-risk AI system. To the extent the user exercises control over the high-risk AI system, that user shall also ensure that relevant and appropriate robustness and cybersecurity measures are in place and are regularly adjusted or updated.
2022/06/13
Committee: IMCOLIBE
Amendment 2054 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 4 – introductory part
4. Users shall monitor the operation of the high-risk AI system on the basis of the instructions of use and, when relevant, inform providers in accordance with Article 61. To the extent the user exercises control over the high-risk AI system, the user shall also establish a risk management system in line with Article 9 but limited to the potential adverse effects of using the high-risk AI system, the respective mitigation measures. When they have reasons to consider that the use in accordance with the instructions of use may result in the AI system presenting a risk within the meaning of Article 65(1) they shall inform the provider or distributor and suspend the use of the system. They shall also inform the provider or distributor when they have identified any serious incident or any malfunctioning within the meaning of Article 62 and interrupt the use of the AI system. In case the user is not able to reach the provider, Article 62 shall apply mutatis mutandis.
2022/06/13
Committee: IMCOLIBE
Amendment 2059 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 5 – introductory part
5. Users of high-risk AI systems shall keep the logs automatically generated by that high-risk AI system, to the extent such logs are under their control. The logs shall be kept for a period that is appropriate in the light of industry standards, the intended purpose of the high-risk AI system and applicable legal obligations under Union or national law.
2022/06/13
Committee: IMCOLIBE
Amendment 2064 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 6
6. Users of high-risk AI systems shall use the information provided under Article 13 to comply with their obligation to carry out a data protection impact assessment under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680, where applicaband may revert in part to those data protection impact assessments for fulfilling the obligations set out in this article.
2022/06/13
Committee: IMCOLIBE
Amendment 2068 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 6 a (new)
6 a. Where a user of a high risk AI system is obliged pursuant to Regulation (EU) 2016/679 to provide information regarding the use of automated decision making procedures, the user shall not be obliged to provide information on how the AI system reached a specific result. When fulfilling the information obligations under Regulation (EU) 2016/679, the user shall not be obliged to provide information beyond the information he or she received from the provider under Article 13 of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2076 #

2021/0106(COD)

Proposal for a regulation
Article 29 – paragraph 6 b (new)
6 b. The obligations established by this Article shall not apply to users who use the AI system in the course of a personal non-professional activity.
2022/06/13
Committee: IMCOLIBE
Amendment 2133 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 1
1. Where harmonised standards referred to in Article 40 do not exist and are not expected to be published within a reasonable period or where the Commission considers that the relevant harmonised standards are insufficient or that there is a need to address specific safety or fundamental right concerns, the Commission may, by means of implementing acts, adopt common specifications in respect of the requirements set out in Chapter 2 of this Title. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).
2022/06/13
Committee: IMCOLIBE
Amendment 2138 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 1 a (new)
1 a. When deciding to draft and adopt common specifications, the Commission shall consult the Board, the European standardisation organisations as well as the relevant stakeholders, and duly justify why it decided not to use harmonised standards. The abovementioned organisations shall be regularly consulted while the Commission is in the process of drafting the common specifications.
2022/06/13
Committee: IMCOLIBE
Amendment 2141 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 2
2. The Commission, when preparing the common specifications referred to in paragraph 1, shall gather the views of stakeholders, including SMEs and start- ups, relevant bodies or expert groups established under relevant sectorial Union law.
2022/06/13
Committee: IMCOLIBE
Amendment 2150 #

2021/0106(COD)

Proposal for a regulation
Article 41 – paragraph 4 a (new)
4 a. If harmonised standards referred to in Article 40 are developed and the references to them are published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 in the future, the relevant common specifications shall no longer apply.
2022/06/13
Committee: IMCOLIBE
Amendment 2191 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 4 – introductory part
4. High-risk AI systems that have already been subject to a conformity assessment procedure shall undergo a new conformity assessment procedure whenever they are substantially modified, regardless of whetherif the modified system is intended to be further distributed or continues to be used by the current user.
2022/06/13
Committee: IMCOLIBE
Amendment 2193 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 4 – subparagraph 1
For high-risk AI systems that continue to learn after being placed on the market or put into service, changes to the high-risk AI system and its performance that have been pre-determined by the provider at the moment of the initial conformity assessment and are part of the information contained in the technical documentation referred to in point 2(f) of Annex IV, shall not constitute a substantial modification. The same should apply to updates of the AI system for security reasons in general and to protect against evolving threats of manipulation of the system as long as the update does not include significant changes to the functionality of the system.
2022/06/13
Committee: IMCOLIBE
Amendment 2201 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 5
5. TAfter consulting the AI Board referred to in Article 56 and after providing substantial evidence, followed by thorough consultation and the involvement of the affected stakeholders, the Commission is empowered to adopt delegated acts in accordance with Article 73 for the purpose of updating Annexes VI and Annex VII in order to introduce elements of the conformity assessment procedures that become necessary in light of technical progress.
2022/06/13
Committee: IMCOLIBE
Amendment 2208 #

2021/0106(COD)

Proposal for a regulation
Article 43 – paragraph 6
6. TAfter consulting the AI Board referred to in Article 56 and after providing substantial evidence, followed by thorough consultation and the involvement of the affected stakeholders, the Commission is empowered to 6. adopt delegated acts to amend paragraphs 1 and 2 in order to subject high-risk AI systems referred to in points 2 to 8 of Annex III to the conformity assessment procedure referred to in Annex VII or parts thereof. The Commission shall adopt such delegated acts taking into account the effectiveness of the conformity assessment procedure based on internal control referred to in Annex VI in preventing or minimizing the risks to health and safety and protection of fundamental rights posed by such systems as well as the availability of adequate capacities and resources among notified bodies.
2022/06/13
Committee: IMCOLIBE
Amendment 2232 #

2021/0106(COD)

Proposal for a regulation
Article 49 – paragraph 1
1. The physical CE marking shall be affixed visibly, legibly and indelibly for high-risk AI systems. Where that is not possible or not warranted on account of the nature of the high-risk AI system, it shall be affixed to the packaging or to the accompanying documentation, as appropriate.
2022/06/13
Committee: IMCOLIBE
Amendment 2234 #

2021/0106(COD)

Proposal for a regulation
Article 49 – paragraph 1 a (new)
1 a. A digital CE marking may be used instead of or additionally to the physical marking if it can be accessed via the display of the product or via a machine- readable code or other electronic means.
2022/06/13
Committee: IMCOLIBE
Amendment 2241 #

2021/0106(COD)

Proposal for a regulation
Article 50 – paragraph 1 – introductory part
The provider shall, for a period ending 105 years after the AI system has been placed on the market or put into service, keep at the disposal of the national competent authorities:
2022/06/13
Committee: IMCOLIBE
Amendment 2271 #

2021/0106(COD)

Proposal for a regulation
Article 52 – paragraph 3 – introductory part
3. Users of an AI system that generates or manipulates image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful (‘deep fake’), shall disclose, in an appropriate, clear and visible manner, that the content has been artificially generated or manipulated.
2022/06/13
Committee: IMCOLIBE
Amendment 2278 #

2021/0106(COD)

Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1
However, the first subparagraph shall not apply where the use is authorised by law to detectcontent is part of an obviously artistic, pcrevent, investigate and prosecute criminal offencesative or fictional cinematographic work or it is necessary for the exercise of the right to freedom of expression and the right to freedom of the arts and sciences guaranteed in the Charter of Fundamental Rights of the EU, and subject to appropriate safeguards for the rights and freedoms of third parties.
2022/06/13
Committee: IMCOLIBE
Amendment 2294 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 1
1. AI regulatory sandboxes established by one or more Member States competent authorities or the European Data Protection Supervisorthe European Commission, one or more Member States, or other competent entities shall provide a controlled environment that facilitates the development, testing and validation of innovative AI systems for a limited time before their placement on the market or putting into service pursuant to a specific plan. This shall take place under the direct supervision and guidance by the competent authorities with a view to ensuringin collaboration with and guidance by the European Commission or the competent authorities in order to identify risks to health and safety and fundamental rights, test mitigation measures for identified risks, demonstrate prevention of these risks and otherwise ensure compliance with the requirements of this Regulation and, where relevant, other Union and Member States legislation supervised within the sandbox.
2022/06/13
Committee: IMCOLIBE
Amendment 2309 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 2
2. The European Commission in collaboration with Member States shall ensure that to the extent the innovative AI systems involve the processing of personal data or otherwise fall under the supervisory remit of other national authorities or competent authorities providing or supporting access to data, the national data protection authorities and those other national authorities are associated to the operation of the AI regulatory sandbox.
2022/06/13
Committee: IMCOLIBE
Amendment 2329 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 5
5. The European Commission, Member States’ competent authorities and other entities that have established AI regulatory sandboxes shall coordinate their activities and cooperate within the framework of the European Artificial Intelligence Board. They shall submit annual reports to the Board and the CommissionCommission’s AI Regulatory Sandboxing programme. The European Commission shall submit annual reports to the European Artificial Intelligence Board on the results from the implementation of those scheme, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application of this Regulation and other Union legislation supervised within the sandbox.
2022/06/13
Committee: IMCOLIBE
Amendment 2340 #

2021/0106(COD)

Proposal for a regulation
Article 53 – paragraph 6 a (new)
6 a. The Commission shall establish an EU AI Regulatory Sandboxing Programme whose modalities referred to in Article 53(6) shall cover the elements set out in Annex IXa. The Commission shall proactively coordinate with national, regional and also local authorities, as relevant.
2022/06/13
Committee: IMCOLIBE
Amendment 2372 #

2021/0106(COD)

Proposal for a regulation
Article 55 – title
Measures for small-scale providerSMEs, start-ups and users
2022/06/13
Committee: IMCOLIBE
Amendment 2375 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 1 – point a
(a) provide small-scale providerSMEs and start-ups with priority access to the AI regulatory sandboxes to the extent that they fulfil the eligibility conditions;
2022/06/13
Committee: IMCOLIBE
Amendment 2377 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 1 – point b
(b) organise specific awareness raising activities about the application of this Regulation tailored to the needs of the small-scale providerSMEs, sart-ups and users;
2022/06/13
Committee: IMCOLIBE
Amendment 2379 #

2021/0106(COD)

(c) where appropriate, establish a dedicated channel for communication with small-scale providers andSMEs, start-ups, users and other innovators to provide guidance and respond to queries about the implementation of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2381 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 1 – point c a (new)
(c a) support SME's increased participation in the standardisation development process;
2022/06/13
Committee: IMCOLIBE
Amendment 2387 #

2021/0106(COD)

Proposal for a regulation
Article 55 – paragraph 2
2. The specific interests and needs of the small-scale providerSMEs and start-ups shall be taken into account when setting the fees for conformity assessment under Article 43, reducing those fees proportionately to their size and market size.
2022/06/13
Committee: IMCOLIBE
Amendment 2389 #

2021/0106(COD)

Proposal for a regulation
Article 55 a (new)
Article 55 a Promoting research and development of AI in support of socially and environmentally beneficial outcomes Member States shall promote research and development of AI solutions which support socially and environmentally beneficial outcomes, including but not limited to development of AI-based solutions to increase accessibility for persons with disabilities, tackle socio- economic inequalities, and meet sustainability and environmental targets, by: (a) providing relevant projects with priority access to the AI regulatory sandboxes to the extent that they fulfil the eligibility conditions; (b) earmarking public funding, including from relevant EU funds, for AI research and development in support of socially and environmentally beneficial outcomes; (c) organising specific awareness raising activities about the application of this Regulation, the availability of and application procedures for dedicated funding, tailored to the needs of those projects; (d) where appropriate, establishing accessible dedicated channels for communication with projects to provide guidance and respond toqueries about the implementation of this Regulation.
2022/06/13
Committee: IMCOLIBE
Amendment 2400 #

2021/0106(COD)

Proposal for a regulation
Article 56 – paragraph 1
1. A ‘European Artificial Intelligence Board’ (the ‘Board’) is established as a body of the Union and shall have legal personality.
2022/06/13
Committee: IMCOLIBE
Amendment 2405 #

2021/0106(COD)

Proposal for a regulation
Article 56 – paragraph 2 – introductory part
2. The Board shall provide advice and assistance to the Commission and to the national supervisory authorities in order to:
2022/06/13
Committee: IMCOLIBE
Amendment 2408 #

2021/0106(COD)

Proposal for a regulation
Article 56 – paragraph 2 – point b
(b) coordinate and contribute toprovide guidance and analysis by the Commission and the national supervisory authorities and other competent authorities on emerging issues across the internal market with regard to matters covered by this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 2410 #

2021/0106(COD)

Proposal for a regulation
Article 56 – paragraph 2 – point c
(c) contribute to the effective and consistent application of this Regulation and assist the national supervisory authorities and the Commission in ensuring the consistent application of this Regulationthat regard.
2022/06/13
Committee: IMCOLIBE
Amendment 2414 #

2021/0106(COD)

(c a) contribute to the effective cooperation with the competent authorities of third countries and with international organisations.
2022/06/13
Committee: IMCOLIBE
Amendment 2431 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 1
1. The Board shall be composed of the national supervisory authorities, who shall be represented by the head or equivalent high-level official of that authority, and the European Data Protection Supervisorthe European Data Protection Supervisor as the EU Agency for Fundamental Rights, the EU Agency for Cybersecurity, the Joint Research Centre, the European Committee for Standardization, the European Committee for Electrotechnical Standardization, and the European Telecommunications Standards Institute, each with one representative. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
2022/06/13
Committee: IMCOLIBE
Amendment 2439 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 1 a (new)
1 a. The Board shall act independently when performing its tasks or exercising its powers.
2022/06/13
Committee: IMCOLIBE
Amendment 2464 #

2021/0106(COD)

Proposal for a regulation
Article 57 – paragraph 4
4. The Board may invite external experts and observers to attend its meetings and may hold exchanges with interested third parties to inform its activities to an appropriate extent. To that end t, and hold consultations with relevant stakeholders and ensure appropriate participation. The Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory. The Commission may facilitate exchanges between the Board and other Union bodies, offices, agencies and advisory groups.
2022/06/13
Committee: IMCOLIBE
Amendment 2484 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – introductory part
When providing advice and assistance to the Commission and to the national supervisory authorities in the context of Article 56(2), the Board shall in particular:
2022/06/13
Committee: IMCOLIBE
Amendment 2498 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point b
(b) contribute to uniform administrative practices in the Member States, including for the assessment , establishing, managing with the meaning of fostering cooperation and guaranteeing consistency among regulatory sandboxes, and functioning of regulatory sandboxes referred to in Article 53, Article54 and Annex IXa;
2022/06/13
Committee: IMCOLIBE
Amendment 2513 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c a (new)
(c a) carry out annual reviews and analyses of the complaints sent to and findings made by national competent authorities, of the serious incidents reports referred to in Article 62, and of the new registration in the EU Database referred to in Article 60 to identify trends and potential emerging issues threatening the future health and safety and fundamental rights of citizens that are not adequately addressed by this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 2521 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c b (new)
(c b) coordinate among national competent authorities; issue guidelines, recommendations and best practices with a view to ensuring the consistent implementation of this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 2526 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c c (new)
(c c) promote the cooperation and effective bilateral and multilateral exchange of information and best practices between the national supervisory authorities;
2022/06/13
Committee: IMCOLIBE
Amendment 2529 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c d (new)
(c d) annually publish recommendations to the Commission, in particular on the categorization of prohibited practices, high-risk systems, and codes of conduct for AI systems that are not classified as high-risk;
2022/06/13
Committee: IMCOLIBE
Amendment 2533 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c e (new)
(c e) carry out biannual horizon scanning and foresight exercises to extrapolate the impact the trends and emerging issues can have on the Union;
2022/06/13
Committee: IMCOLIBE
Amendment 2539 #

2021/0106(COD)

Proposal for a regulation
Article 58 – paragraph 1 – point c f (new)
(c f) promote public awareness and understanding of the benefits, rules and safeguards and rights in relation to the use of AI systems.
2022/06/13
Committee: IMCOLIBE
Amendment 2572 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 4
4. Member States shall ensure that national competent authorities are provided with adequate financial, technical and human resources to fulfil their tasks under this Regulation. In particular, national competent authorities shall have a sufficient number of personnel permanently available whose competences and expertise shall include an in-depth understanding of artificial intelligence technologies, data and data computing, fundamental rights, health and safety risks and knowledge of existing standards and legal requirements.
2022/06/13
Committee: IMCOLIBE
Amendment 2584 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 6
6. The Commission and the board shall facilitate the exchange of experience between national competent authorities.
2022/06/13
Committee: IMCOLIBE
Amendment 2589 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 7
7. National competent authorities may provide guidance and advice on the implementation of this Regulation, including to small-scale providerSMEs and start-ups. Whenever national competent authorities intend to provide guidance and advice with regard to an AI system in areas covered by other Union legislation, the competent national authorities under that Union legislation shall be consulted, as appropriate. Member States mayshall also establish one central contact point for communication with operators and other stakeholders.
2022/06/13
Committee: IMCOLIBE
Amendment 2593 #

2021/0106(COD)

Proposal for a regulation
Article 59 – paragraph 8
8. When Union institutions, agencies and bodies fall within the scope of this Regulation, the European Data Protection Supervisor shall act as the competent authority for their supervision and coordination.
2022/06/13
Committee: IMCOLIBE
Amendment 2615 #

2021/0106(COD)

Proposal for a regulation
Article 60 – paragraph 1
1. The Commission shall, in collaboration with the Member States, set up and maintain a EU database containing information referred to in paragraph 2 concerning high-risk AI systems referred to in Article 6(2)in one of the areas listed in Annex III which are registered in accordance with Article 51 and their uses by public authorities and Union institutions, bodies, offices or agencies or on their behalf.
2022/06/13
Committee: IMCOLIBE
Amendment 2627 #

2021/0106(COD)

Proposal for a regulation
Article 60 – paragraph 4
4. The EU database shall contain personal data only insofar as necessary for collecting and processing information in accordance with this Regulation. That information shall include the names and contact details of natural persons who are responsible for registering the system and have the legal authority to represent the provider. or the user, if the user is a public authority or a Union institution, body, office or agency or a user acting on their behalf.
2022/06/13
Committee: IMCOLIBE
Amendment 2648 #

2021/0106(COD)

Proposal for a regulation
Article 61 – paragraph 3
3. The post-market monitoring system shall be based on a post-market monitoring plan. The post-market monitoring plan shall be part of the technical documentation referred to in Annex IV. The Commission shall adopt an implementing act laying down detailed provisions establishing a template for the post-market monitoring plan and the list of elements to be included in the plan by ... [12 months following the entry into force of this Regulation].
2022/06/13
Committee: IMCOLIBE
Amendment 2655 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 1 – introductory part
1. Providers and, where applicable, users of high-risk AI systems placed on the Union market shall report any serious incident or any malfunctioning of those systems which constitutes a breach of obligations under Union law intended to protect fundamental rights to the market surveillance authorities of the Member States where that incident or breach occurred.
2022/06/13
Committee: IMCOLIBE
Amendment 2657 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1
Such notification shall be made immediatwithout undue delay after the provider has established a causal link between the AI system and the incident or malfunctioning or the reasonable likelihood of such a link, and, in any event, not later than 15 day72 hours after the providers becomes aware of the serious incident or of the malfunctioning.
2022/06/13
Committee: IMCOLIBE
Amendment 2664 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 1 a (new)
No report under this Article is required if the serious incident also leads to reporting requirements under other laws. In that case, the authorities competent under those laws shall forward the received report to the national competent authority.
2022/06/13
Committee: IMCOLIBE
Amendment 2668 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 2 a (new)
2 a. Upon establishing a causal link between the AI system and the serious incident or malfunctioning or the reasonable likelihood of such a link, providers shall take appropriate corrective actions pursuant to Article 21.
2022/06/13
Committee: IMCOLIBE
Amendment 2673 #

2021/0106(COD)

Proposal for a regulation
Article 62 – paragraph 3 a (new)
3 a. National supervisory authorities shall on an annual basis notify the Board of the serious incidents and malfunctioning reported to them in accordance with this Article.
2022/06/13
Committee: IMCOLIBE
Amendment 2674 #

2021/0106(COD)

Proposal for a regulation
Article 63 – paragraph 2
2. The national supervisory authority shall report annually to the Commission on a regular basis the outcomes of relevant market surveillance activities. The national supervisory authority shall report, without delay, to the Commission and relevant national competition authorities any information identified in the course of market surveillance activities that may be of potential interest for the application of Union law on competition rules.
2022/06/13
Committee: IMCOLIBE
Amendment 2676 #

2021/0106(COD)

Proposal for a regulation
Article 63 – paragraph 3 a (new)
3 a. The procedures referred to in Articles 65, 66, 67 and 68 of this Regulation shall not apply to AI systems related to products, to which legal acts listed in Annex II, section A apply, when such legal acts already provide for procedures having the same objective. In such a case, these sectoral procedures shall apply instead.
2022/06/13
Committee: IMCOLIBE
Amendment 2709 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 1
1. AI systems presenting a risk shall be understood as a product presenting a risk defined in Article 3, point 19 of Regulation (EU) 2019/1020 insofar as risks to the health or safety or to the protection of fundamental rights of persons are concerned.
2022/06/13
Committee: IMCOLIBE
Amendment 2715 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 2 – introductory part
2. Where the market surveillance authority of a Member State has sufficient reasons to consider that an AI system presents a risk as referred to in paragraph 1, they shall carry out an evaluation of the AI system concerned in respect of its compliance with all the requirements and obligations laid down in this Regulation. When risks to the protection of fundamental rights are present, the market surveillance authority shall also inform the relevant national public authorities or bodies referred to in Article 64(3). The relevant operators shall cooperate as necessary with the market surveillance authorities and the other national public authorities or bodies referred to in Article 64(3).
2022/06/13
Committee: IMCOLIBE
Amendment 2722 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 3
3. Where the market surveillance authority considers that non-compliance is not restricted to its national territory, it shall inform the Commission and the other Member States without undue delay of the results of the evaluation and of the actions which it has required the operator to take.
2022/06/13
Committee: IMCOLIBE
Amendment 2726 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 5
5. Where the operator of an AI system does not take adequate corrective action within the period referred to in paragraph 2, the market surveillance authority shall take all appropriate provisional measures to prohibit or restrict the AI system's being made available on its national market, to withdraw the product from that market or to recall it. That authority shall informnotify the Commission and the other Member States, without delay, of those measures.
2022/06/13
Committee: IMCOLIBE
Amendment 2727 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 6 – introductory part
6. The informnotification referred to in paragraph 5 shall include all available details, in particular the datainformation necessary for the identification of the non- compliant AI system, the origin of the AI system, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant operator. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to one or more of the following:
2022/06/13
Committee: IMCOLIBE
Amendment 2729 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 6 – point a
(a) a failure of the high-risk AI system to meet requirements set out in Title III, Chapter 2;
2022/06/13
Committee: IMCOLIBE
Amendment 2730 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 6 – point b a (new)
(b a) non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5;
2022/06/13
Committee: IMCOLIBE
Amendment 2731 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 6 – point b b (new)
(b b) non-compliance with provisions set out in Article 52;
2022/06/13
Committee: IMCOLIBE
Amendment 2735 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 8
8. Where, within three months of receipt of the informnotification referred to in paragraph 5, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified. This is without prejudice to the procedural rights of the concerned operator in accordance with Article 18 of Regulation (EU) 2019/1020. The period referred to in the first sentence of this paragraph shall be reduced to 30 days in the case of non- compliance with the prohibition of the artificial intelligence practices referred to in Article 5.
2022/06/13
Committee: IMCOLIBE
Amendment 2737 #

2021/0106(COD)

Proposal for a regulation
Article 65 – paragraph 9
9. The market surveillance authorities of all Member States shall ensure that appropriate restrictive measures are taken in respect of the productAI system concerned, such as withdrawal of the product from their market, without delay.
2022/06/13
Committee: IMCOLIBE
Amendment 2739 #

2021/0106(COD)

Proposal for a regulation
Article 66 – paragraph 1
1. Where, within three months of receipt of the notification referred to in Article 65(5), or 30 days in the case of non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5, objections are raised by a Member State against a measure taken by another Member State, or where the Commission considers the measure to be contrary to Union law, the Commission shall without delay enter into consultation with the relevant Member State’s market surveillance authority and operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not within 9 months, or 60 days in the case of non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5, starting from the notification referred to in Article 65(5) and notify such decision to the Member State concerned. The Commission shall also inform all other Member States of such decision.
2022/06/13
Committee: IMCOLIBE
Amendment 2758 #

2021/0106(COD)

Proposal for a regulation
Article 67 – paragraph 4
4. The Commission shall without delay enter into consultation with the Member States concerned and the relevant operator and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall decide whether the measure is justified or not and, where necessary, propose appropriate measures.
2022/06/13
Committee: IMCOLIBE
Amendment 2762 #

2021/0106(COD)

5. The Commission shall address its decision to the Member States concerned, and inform all other Member States.
2022/06/13
Committee: IMCOLIBE
Amendment 2769 #

2021/0106(COD)

Proposal for a regulation
Article 68 – paragraph 2
2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate and proportionate measures to restrict or prohibit the high- risk AI system being made available on the market or ensure that it is recalled or withdrawn from the market.
2022/06/13
Committee: IMCOLIBE
Amendment 2772 #

2021/0106(COD)

Proposal for a regulation
Article 68 a (new)
Article 68 a Right to lodge a complaint with a supervisory authority 1. Without prejudice to any other administrative or judicial remedy, every natural or legal person shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the natural or legal person considers that their health, safety, or fundamental rights have been breached by an AI system falling within the scope of this Regulation. 2. Natural or legal persons shall have a right to be heard in the complaint handling procedure and in the context of any investigations conducted by the national supervisory authority as a result of their complaint. 3. The national supervisory authority with which the complaint has been lodged shall inform the complainants about the progress and outcome of their complaint. In particular, the national supervisory authority shall take all the necessary actions to follow up on the complaints it receives and, within three months of the reception of a complaint, give the complainant a preliminary response indicating the measures it intends to take and the next steps in the procedure, if any. 4. The national supervisory authority shall take a decision on the complaint and inform the complainant on the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 68b, without delay and no later than six months after the date on which the complaint was lodged.
2022/06/13
Committee: IMCOLIBE
Amendment 2779 #

2021/0106(COD)

Proposal for a regulation
Article 68 b (new)
Article 68 b Right to an effective judicial remedy against a national supervisory authority 1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a national supervisory authority concerning them. 2. Without prejudice to any other administrative or non-judicial remedy, each data subject shall have the right to a an effective judicial remedy where the national supervisory authority does not handle a complaint, does not inform the complainant on the progress or preliminary outcome of the complaint lodged within three months pursuant to Article 68a(3) or does not comply with its obligation to reach a final decision on the complaint within six months pursuant to Article 68a(4) or its obligations under Article 65. 3. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the national supervisory authority is established.
2022/06/13
Committee: IMCOLIBE
Amendment 2787 #

2021/0106(COD)

Proposal for a regulation
Article 69 – paragraph 1
1. The Commission and the Member Statesboard shall encourage and facilitate the drawing up of codes of conduct intended to foster the voluntary application to AI systems other than high-risk AI systems of the requirements set out in Title III, Chapter 2 on the basis of technical specifications and solutions that are appropriate means of ensuring compliance with such requirements in light of the intended purpose of the systems.
2022/06/13
Committee: IMCOLIBE
Amendment 2793 #

2021/0106(COD)

Proposal for a regulation
Article 69 – paragraph 4
4. The Commission and the Board shall take into account the specific interests and needs of the small-scale providerSMEs and start-ups when encouraging and facilitating the drawing up of codes of conduct.
2022/06/13
Committee: IMCOLIBE
Amendment 2796 #

2021/0106(COD)

Proposal for a regulation
Article 70 – paragraph 1 – introductory part
1. National competent authorities and, notified bodies involved in the application of this Regulation shall respect, the Commission, the Board, and any other natural or legal person involved in the application of this Regulation shall, in accordance with Union or national law, put appropriate technical and organisational measures in place to ensure the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect, in particular:
2022/06/13
Committee: IMCOLIBE
Amendment 2821 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 1
1. In compliance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties, including administrative fines, applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties provided for shall be effective, proportionate, and dissuasive. They shall take into particular account the size and interests of small-scale providerSMEs and start-ups and their economic viability.
2022/06/13
Committee: IMCOLIBE
Amendment 2827 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 2
2. The Member States shall without delay notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
2022/06/13
Committee: IMCOLIBE
Amendment 2864 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 6 – point b
(b) whether administrative fines have been already applied by other market surveillance authorities of one or more Member States to the same operator for the same infringement.
2022/06/13
Committee: IMCOLIBE
Amendment 2866 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 6 – point c
(c) the size, the annual turnover and market share of the operator committing the infringement;
2022/06/13
Committee: IMCOLIBE
Amendment 2881 #

2021/0106(COD)

Proposal for a regulation
Article 71 – paragraph 8 a (new)
8 a. Administrative fines shall not be applied to a participant in a regulatory sandbox, who was acting in line with the recommendation issued by the supervisory authority;
2022/06/13
Committee: IMCOLIBE
Amendment 2962 #

2021/0106(COD)

Proposal for a regulation
Article 83 – paragraph 2
2. This Regulation shall apply to the high-risk AI systems, other than the ones referred to in paragraph 1, that have been placed on the market or put into service before [date of application of this Regulation referred to in Article 85(2)], only if, from that date, those systems are subject to significant changesubstantial modification in their design or intended purpose as defined in Article 3(23) .
2022/06/13
Committee: IMCOLIBE
Amendment 2968 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 1
1. The Commission shall assess the need for amendment of the list in Annex III once a year following the entry into force of this Regulation. The findings of that assessment shall be presented to the European Parliament and the Council.
2022/06/13
Committee: IMCOLIBE
Amendment 2972 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 1 a (new)
1 a. The Commission shall assess the need for amendment of the list in Annex III once a year following the entry into force of this Regulation. The findings of that assessment shall be presented to the European Parliament and the Council.
2022/06/13
Committee: IMCOLIBE
Amendment 2974 #

2021/0106(COD)

Proposal for a regulation
Article 84 – paragraph 3 – point a
(a) the status of the financial, technical and human resources of the national competent authorities in order to effectively perform the tasks assigned to them under this Regulation;
2022/06/13
Committee: IMCOLIBE
Amendment 3008 #

2021/0106(COD)

Proposal for a regulation
Article 85 – paragraph 3 b (new)
3 b. At the latest by six months after entry into force of this Regulation, the European Commission shall submit a standardization request to the European Standardisation Organisations in order to ensure the timely provision of all relevant harmonised standards that cover the essential requirements of this regulation. Any delay in submitting the standardisation request shall add to the transitional period of 24 months as stipulated in paragraph 3a.
2022/06/13
Committee: IMCOLIBE
Amendment 3102 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 3 – point b
(b) AI systems intended to be used for the purpose of assessing students in educational and vocational training institutions and for assessing participants in tests commonly required for admission to educationalthose institutions.
2022/06/13
Committee: IMCOLIBE
Amendment 3108 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 4 – point a
(a) AI systems intended to be used formake autonomous decisions or materially influence decisions about recruitment or selection of natural persons, notably for advertising vacancies, screening or filtering applications, evaluating candidates in the course of interviews or tests;
2022/06/13
Committee: IMCOLIBE
Amendment 3118 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 4 – point b
(b) AI intended to be used for makingmake autonomous decisions or materially influence decisions on promotion and termination of work- related contractual relationships, for task allocation and for monitoring and evaluating performance and behavior of persons in such relationships.
2022/06/13
Committee: IMCOLIBE
Amendment 3136 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
(b) AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score, with the exception of AI systems put into service by small scale providerSMEs and start-ups for their own use;
2022/06/13
Committee: IMCOLIBE
Amendment 3154 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point a
(a) AI systems intended to be used by law enforcement authorities or on their behalf for making individual risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or the risk for potential victims of criminal offences;
2022/06/13
Committee: IMCOLIBE
Amendment 3164 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point b
(b) AI systems intended to be used by law enforcement authorities or on their behalf as polygraphs and similar tools or to detect the emotional state of a natural person;
2022/06/13
Committee: IMCOLIBE
Amendment 3168 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point c
(c) AI systems intended to be used by law enforcement authorities or on their behalf to detect deep fakes as referred to in article 52(3);
2022/06/13
Committee: IMCOLIBE
Amendment 3172 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point d
(d) AI systems intended to be used by law enforcement authorities or on their behalf for evaluation of the reliability of evidence in the course of investigation or prosecution of criminal offences;
2022/06/13
Committee: IMCOLIBE
Amendment 3184 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point f
(f) AI systems intended to be used by law enforcement authorities or on their behalf for profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 in the course of detection, investigation or prosecution of criminal offences;
2022/06/13
Committee: IMCOLIBE
Amendment 3188 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point g
(g) AI systems intended to be used by law enforcement authorities or on their behalf for crime analytics regarding natural persons, allowing law enforcement authorities to search complex related and unrelated large data sets available in different data sources or in different data formats in order to identify unknown patterns or discover hidden relationships in the data.
2022/06/13
Committee: IMCOLIBE
Amendment 3195 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point a
(a) AI systems intended to be used by competent public authorities or on their behalf as polygraphs and similar tools or to detect the emotional state of a natural person;
2022/06/13
Committee: IMCOLIBE
Amendment 3205 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point b
(b) AI systems intended to be used by competent public authorities or on their behalf to assess a risk, including a security risk, a risk of irregular immigration, or a health risk, posed by a natural person who intends to enter or has entered into the territory of a Member State;
2022/06/13
Committee: IMCOLIBE
Amendment 3207 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point c
(c) AI systems intended to be used by competent public authorities or on their behalf for the verification of the authenticity of travel documents and supporting documentation of natural persons and detect non-authentic documents by checking their security features;
2022/06/13
Committee: IMCOLIBE
Amendment 3214 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
(d) AI systems intended to assist competent public authorities or on their behalf for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status.
2022/06/13
Committee: IMCOLIBE
Amendment 3216 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
(d) AI systems intended to assistbe used by competent public authorities for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status.
2022/06/13
Committee: IMCOLIBE
Amendment 3233 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 8 – point a
(a) AI systems intended to assist abe used by judicial authority in researching andies or on their behalf in interpreting facts andor the law and infor applying the law to a concrete set of facts.
2022/06/13
Committee: IMCOLIBE
Amendment 3281 #

2021/0106(COD)

Proposal for a regulation
Annex IV – paragraph 1 – point 6
6. A list of the harmonised standards applied in full or in part the references of which have been published in the Official Journal of the European Union; where no such harmonised standards have been applied, a detailed description of the solutions adopted to meet the requirements set out in Title III, Chapter 2, including a list of common specifications or other relevant standards and technical specifications applied;
2022/06/13
Committee: IMCOLIBE
Amendment 3312 #

2021/0106(COD)

Proposal for a regulation
Annex IX a (new)
ANNEX IXa: MODALITIES FOR AN EU AI REGULATORY SANDBOXING PROGRAMME 1.The European Commission shall establish the EU AI Regulatory Sandboxing Programme (‘sandboxing programme’) in collaboration with Member States and other competent entities such as regions or universities. 2.The Commission shall play a complementary role, allowing those entities with demonstrated experience with sandboxing to build on their expertise and, on the other hand, assisting and providing technical understanding and resources to those Member States and regions that seek guidance on the set-up of these regulatory sandboxes. 3.Participants in the sandboxing programme, in particular start-ups and SMEs, are granted access to pre- deployment services, such as preliminary registration of their AI system, compliance R&D support services, and to all the other relevant elements of the Union’s AI ecosystem and other Digital Single Market initiatives such as Testing &Experimentation Facilities, Digital Hubs, Centres of Excellence, and EU benchmarking capabilities;and to other value-adding services such as standardisation documents and certification, an online social platform for the community, contact databases, existing portal for tenders and grant making and lists of EU investors. 4.Foreign providers, in particular start- ups and SMEs, are eligible to take part in the sandboxes to incubate and refine their products incompliance with this Regulation. 5.Individuals such as researchers, entrepreneurs, innovators and other pre- market ideas owners are eligible to pre- register into the sandboxing programme to incubate and refine their products in compliance with this Regulation. 6.The sandboxing programme and its benefits shall be available from a single portal established by the European Commission. 7.The sandboxing programme shall develop and manage two types of regulatory sandboxes:Physical Regulatory Sandboxes for AI systems embedded in physical products or services and Cyber Regulatory Sandboxes for AI systems operated and used on a stand-alone basis, not embedded in physical products or services. 8.The sandboxing programme shall work with the already established Digital Innovation Hubs in Member States to provide a dedicated point of contact for entrepreneurs to raise enquiries with competent authorities and to seek non- binding guidance on the conformity of innovative products, services or business models embedding AI technologies. 9.One of the objectives of the sandboxing programme is to enable firms’ compliance with this Regulation at the design stage of the AI system (‘compliance-by- design’).To do so, the programme shall facilitate the development of software tools and infrastructure for testing, benchmarking, assessing and explaining dimensions of AI systems relevant to sandboxes, such as accuracy, robustness and cybersecurity. 10.The sandboxing programme shall include a Reg Tech lab, to help authorities experiment and develop enforcement tools and protocols for enforcing this Regulation. 11. The sandboxing programme shall be rolled out in a phased fashion, with the various phases launched by the Commission upon success of the previous phase. The sandboxing programme will have a built-in impact assessment procedure to facilitate the review of cost- effectiveness against the agreed-upon objectives. This assessment shall be drafted with input from Member States based on their experiences and shall be included as part of the Annual Report submitted by the Commission to the European Artificial Intelligence Board.
2022/06/13
Committee: IMCOLIBE
Amendment 105 #

2021/0105(COD)

Proposal for a regulation
Recital 15
(15) Since the purpose of this Regulation is to address the risks stemming from the machinery function and not the transportation function of goods or persons, it should not apply to vehicles which only objective is the merapproved for the transport of goods or persons or animals on road, by air, on water or on rail networks, regardless of the speed limits. However, machinery mounted on such vehicles or mobile machinery intended for facilitating works such as in construction sites or warehouses e.g. dumpers and forklifts, have a machinery function and should therefore be covered by this Regulation. Equally, non-type- approved, off-road and competition vehicles, as well as e-bikes, e-scooters and similar means of transport should be covered by this Regulation. Since agricultural and forestry vehicles and two- or three-wheel vehicles and quadricycles, as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles, fall within the scope of Regulation (EU) No 167/2013 of the European Parliament and of the Council19 and Regulation (EU) No 168/2013 of the European Parliament and of the Council20 respectively, they should be excluded from the scope of this Regulation when approved according to Regulation (EU) No 167/2013 and Regulation (EU) No 168/2013 respectively. __________________ 19 Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1). 20 Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).
2021/11/10
Committee: IMCO
Amendment 135 #

2021/0105(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
(ga) non type approved road vehicles including pedal cycles with pedal assistance;
2021/11/10
Committee: IMCO
Amendment 153 #

2021/0105(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point g
(g) agricultural and forestry vehicles, as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles, that fall within the scope of application of Regulation (EU) No 167/2013are approved according to Regulation (EU) No 167/2013, except for machinery mounted on those vehicles;
2021/11/10
Committee: IMCO
Amendment 154 #

2021/0105(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point g
(g) agricultural and forestry vehicletractors, as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles,them that fall within the scope of application of Regulation (EU) No 167/2013;
2021/11/10
Committee: IMCO
Amendment 155 #

2021/0105(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point g a (new)
(ga) motor vehicles and their trailers as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles, that are approved according to Regulation (EU) No 2018/858, except for machinery mounted on those vehicles;
2021/11/10
Committee: IMCO
Amendment 178 #

2021/0105(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 16
(16) ‘substantial modification’ means a modification of a machinery product, by physical or digital means after that machinery product has been placed on the market or put into service, which is not foreseen by the manufacturer and as a result of whichwhich has the effect of modifying its specific application and may therefore affect the compliance of the machinery product with the relevant essential health and safety requirements may be affected;
2021/11/10
Committee: IMCO
Amendment 193 #

2021/0105(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. High-risk machinery products listed in Annex I shall be subject to a specific conformity assessment procedure, requiring participation of a notified body as referred to in Article 21(2).
2021/11/10
Committee: IMCO
Amendment 196 #

2021/0105(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
1a. The Commission shall update Annex I before the date referred to Article 52 to ensure relevant machineries are subject to the specific conformity assessment procedure.
2021/11/10
Committee: IMCO
Amendment 231 #

2021/0105(COD)

Proposal for a regulation
Article 15 – paragraph 1
A natural or legal person, other than the manufacturer, the importer or the distributor, that carries out a substantial modification of the machinery product in order to put it on the market shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer set out in Article 10 for the part of the machinery product that is affected by the modification or, if the substantial modification has an impact on the safety of the machinery product as a whole, for the entire machinery product.
2021/11/10
Committee: IMCO
Amendment 232 #

2021/0105(COD)

Proposal for a regulation
Article 15 – paragraph 1 a (new)
A natural or legal person, other than the manufacturer, the importer or the distributor, that carries out a substantial modification of the machinery product for its own use shall be considered a manufacturer for the purposes of this Regulation. They shall have the following obligations with regards to the affected part of the machinery product or for the entire machinery product where the substantial modification has an impact on the safety of the machinery product as a whole: (a) to ensure that the modified part and the machinery product remain in conformity with the essential health and safety requirements set out in Annex III; (b) to draw up the technical documentation referred to in Annex IV that relates to the modification carried out, indicating in particular the date of implementation of the modification and the results of the risk assessment carried out in accordance with the general principles and with section 1.1.2 of Annex III. This documentation must be available to the market surveillance authorities for a period of 10 years after the machinery product has been put into service; (c) to carry out the conformity assessment procedure referred to in Article 21 section 3; (d) to ensure that the instructions provided for in Annex III, section 1.7.4 are updated in view of the substantial modification made to the machinery product.
2021/11/10
Committee: IMCO
Amendment 268 #

2021/0105(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part
1. The manufacturer of partly completed machinery or the manufacturer’s authorised representative shall, before placing partly completed machinery on the market, ensure that the following documents are drawn up in paper or digital form:
2021/11/10
Committee: IMCO
Amendment 313 #

2021/0105(COD)

Proposal for a regulation
Article 52 – paragraph 2
It shall apply from … [3024 months after the date of entry into force of this Regulation].
2021/11/10
Committee: IMCO
Amendment 3 #

2020/2276(INI)

Motion for a resolution
Citation 3 a (new)
— having regard to its resolution of 15 January 2020 on the European Green Deal; 1a _________________ 1a 2019/2930(RSP)
2021/06/03
Committee: REGI
Amendment 4 #

2020/2276(INI)

Motion for a resolution
Citation 3 b (new)
— having regard to the Commission communication of 11 December 2019 to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘The European Green Deal’(COM(2019)0640);
2021/06/03
Committee: REGI
Amendment 5 #

2020/2276(INI)

Motion for a resolution
Citation 7 a (new)
— having regard to its resolution of 16 January 2020 on the 15th meeting of the Conference of Parties (COP15) to the Convention on Biological Diversity; 11a _________________ 11a 2019/2824(RSP)
2021/06/03
Committee: REGI
Amendment 9 #

2020/2276(INI)

Motion for a resolution
Citation 20 a (new)
— having regard to the Commission communication of 17 May 2021 to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on a new approach for a sustainable blue economy in the EU Transforming the EU's Blue Economy for a Sustainable Future (COM/2021/240);
2021/06/03
Committee: REGI
Amendment 13 #

2020/2276(INI)

Motion for a resolution
Recital A a (new)
A a. whereas the Atlantic area is the largest sea basin in the European Union;
2021/06/03
Committee: REGI
Amendment 14 #

2020/2276(INI)

Motion for a resolution
Recital B
B. whereas coastal and maritime tourism has been hit particularly hard by the socioeconomic crisis caused by the COVID-19 pandemic, even though it is a major source of employment for the Atlantic regions;
2021/06/03
Committee: REGI
Amendment 17 #

2020/2276(INI)

Motion for a resolution
Recital D
D. whereas the European Atlantic area extends off the African coast to encompass Madeira, the Azores and the Canary Islands, and across the Atlantic to take in the Netherlands Antilles, the French Antilles, French Guiana and Saint Pierre and Miquelon, and whereas the Atlantic strategy should address all these regions while remaining open toenabling a close cooperation with third countries and their regions;
2021/06/03
Committee: REGI
Amendment 26 #

2020/2276(INI)

Motion for a resolution
Recital J a (new)
J a. whereas blue skills education and training, joint research projects, as well as raising public awareness of the potential and fragility of the ocean as a natural environment, will contribute to the success of the strategy;
2021/06/03
Committee: REGI
Amendment 34 #

2020/2276(INI)

Motion for a resolution
Paragraph 4
4. Points out that the 1 200 new maritime projects announced by the Commission, worth almost EUR 6 billion, have no direct link to the Atlantic strategy, and takes the view that the regions have been insufficiently involved in the governance of the strategy; regrets the ex- post rationalisation which does not provide a real overview of the projects implemented through the strategy;
2021/06/03
Committee: REGI
Amendment 44 #

2020/2276(INI)

Motion for a resolution
Paragraph 9
9. Welcomes the new strategy’s more strictly defined priorities and calls for practical measures to be taken, directly resulting from the strategy;
2021/06/03
Committee: REGI
Amendment 46 #

2020/2276(INI)

Motion for a resolution
Paragraph 10
10. Deplores the fact that the EU budget contains no appropriations for the Atlantic action plan; with this in mind, calls on the Commission to consider labelling projects that meet the various priorities and objectives of the new strategy, in order to make it easier to finance them under the relevant European programmes and funds; in this respect, considers that the strategy should be mentioned in the Operational Programmes of the funds in the concerned regions;
2021/06/03
Committee: REGI
Amendment 56 #

2020/2276(INI)

Motion for a resolution
Paragraph 11
11. Stresses that greater synergies are needed between the different European Funds and Programmes, particularly with directly managed programmes, as well as with national and regional programmes, to support a sustainable, robust and competitive blue economy in the Atlantic regions;
2021/06/03
Committee: REGI
Amendment 63 #

2020/2276(INI)

Motion for a resolution
Paragraph 14
14. Underscorlines the importance of fisheries and warns against the; calls for this key sector of the blue economy to be included in the new strategy, in line with the Commission's Communication of 17 May 2021 on a new approach for a sustainable blue economy in the European Union; recalls that overfishing is harmful in the long- term effects of over; stresses the need for Member States and regions of the Atlantic area to have a fair cooperation against unreported illegal fishing;
2021/06/03
Committee: REGI
Amendment 71 #

2020/2276(INI)

Motion for a resolution
Paragraph 15
15. Stresses the need to develop high- quality, sustainable tourism, enhancing the value of coastal areas by diversifying the activities on offer, while at the same time preserving them by combating the harmful effects of mass tourism on coastlines, the environment and the cultural heritage; notes the significant potential of gastronomic tourism linked in particular to fisheries and aquaculture products;
2021/06/03
Committee: REGI
Amendment 75 #

2020/2276(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Stresses the importance of REACT-EU, which could give the Atlantic regions a new start in coastal tourism, innovation and sustainable port infrastructure;
2021/06/03
Committee: REGI
Amendment 81 #

2020/2276(INI)

Motion for a resolution
Paragraph 16
16. Hopes that the strategy will encourage joint planning and development of the sectors of the blue economy in the Atlantic area, with environmental and climate policies as central pillars, thus contributing towards the achievement of the Union's decarbonisation objectives and promoting renewable offshore power generation technologies, while fighting against marine litter;
2021/06/03
Committee: REGI
Amendment 89 #

2020/2276(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Underlines the fundamental and strategic role of ports as gateways to Europe, logistics platforms, hotspots for tourism, energy production and storage hubs and industrial hubs; notes the need to adopt measures as soon as possible to protect ports from climate change, particularly sea level rise;
2021/06/03
Committee: REGI
Amendment 95 #

2020/2276(INI)

Motion for a resolution
Paragraph 20
20. Calls for the strategy to focus squarely on jobs; wishes to see an ambitious social component to promote job creation and, in particular, training for and access to maritime professions for young people; stresses the need to create networks between universities and learning centres in the field of research and training on blue topics, and notes with interest the opportunities offered by the Erasmus + 2021-2027 programme via the new initiatives of European university alliances and Centres of Vocational Excellence; encourages the further development of the European Blue Schools;
2021/06/03
Committee: REGI
Amendment 100 #

2020/2276(INI)

Motion for a resolution
Paragraph 21
21. Calls for the concept of Atlantic connectivity to include links between ports and the development of hinterland areas via multimodal connections; regrets the persistent problems concerning interoperability of rail transport in the Atlantic corridor;
2021/06/03
Committee: REGI
Amendment 104 #

2020/2276(INI)

Motion for a resolution
Paragraph 22
22. Calls for steps to be taken to eliminate rail bottlenecks, draw up plans for multimodal transfer to sustainable modes of transport, support the development of the Atlantic rail motorway, enhance rail-port connections and link them with other major TEN-T corridors with the other Atlantic Arc lines, in particular the Mediterranean, North Sea- Mediterranean and Rhine-Alps corridors, and the other lines of the Atlantic Arc; notes with satisfaction the planned realignment of the maritime corridors between Europe and Ireland following Brexit, and in particular the integration of Ireland into the Atlantic corridor;
2021/06/03
Committee: REGI
Amendment 112 #

2020/2276(INI)

Motion for a resolution
Paragraph 25
25. Proposes yearly high-level meetings; bringing together the Commission and representatives of the Member states and regions concerned; calls for more visibility on the new governance structure and future meetings;
2021/06/03
Committee: REGI
Amendment 118 #

2020/2276(INI)

Motion for a resolution
Paragraph 28
28. Takes the view that environmental 28. NGOs should be supported and involved; involved in the same way as institutional and local stakeholders;
2021/06/03
Committee: REGI
Amendment 123 #

2020/2276(INI)

Motion for a resolution
Paragraph 30
30. Calls the managing authorities of the funds, whether centrally or decentrally managed, for an increase in the number of specific calls for projects as part of the Atlantic strategy;
2021/06/03
Committee: REGI
Amendment 126 #

2020/2276(INI)

Motion for a resolution
Paragraph 31
31. Recommends that the members of the Atlantic strategy and the members of the INTERREG Atlantic Area Monitoring Committee establish common objectives and decision-making procedures, while stressing that the INTERREG Atlantic Area programme does not have the administrative and financial capacity, nor the vocation, to be the main source of funding for projects falling under the Atlantic strategy;
2021/06/03
Committee: REGI
Amendment 129 #

2020/2276(INI)

Motion for a resolution
Paragraph 31 a (new)
31 a. Calls for the outermost regions and islands to be treated on an equal footing with mainland regions; stresses their specific characteristics in terms of strategic geographical position and marine biodiversity, which must be taken into account in the objectives of the new strategy;
2021/06/03
Committee: REGI
Amendment 134 #

2020/2276(INI)

Motion for a resolution
Paragraph 32
32. Advocates thatsks for the Atlantic strategy to be developed into an Atlantic macro- regional strategy and that an Atlantic macro-region be created with a view to improving coordination between measures addressing issues on land and at sea, provide multi- level governance and rationalise the sources of funding; recalls that the Council, in its conclusions of 5 June 2019 on the implementation of EU macro- regional strategies, remains open to the creation of new macro-regions; calls for the inclusion of Outermost regions in this new macro-region and stresses the need to take due account of their specificities by developing in each basin - the Caribbean basin, the Amazon basin and the Macaronesia basin - dedicated strategies focusing on Outermost regions' particular challenges;
2021/06/03
Committee: REGI
Amendment 25 #

2020/2272(ACI)

Proposal for a decision
Paragraph 9 a (new)
9a. Proposes that the annual report will include information on registrants who have been investigated and finally removed from the register because of non- compliance with the Code of Conduct;
2021/02/25
Committee: AFCO
Amendment 26 #

2020/2272(ACI)

Proposal for a decision
Paragraph 10 a (new)
10a. Calls for the inclusion of an analysis of the effects that new rules of transparency have on decision-making procedures and the impact that these rules have on the perception that citizens have of the Union institutions;
2021/02/25
Committee: AFCO
Amendment 49 #

2020/2272(ACI)

Proposal for a decision
Paragraph 16
16. Notes that observance of the code of conduct, set out in Annex III to the Agreement is part of the eligibility criteria and that registrants are to take into account confidentiality requirements and rules applicable to the former members and staff of the institutions which apply to them after leaving office; considers that a reference to the values and principles of Article 2 of the Treaty on European Union (TEU) should be included in the Code of Conduct;
2021/02/25
Committee: AFCO
Amendment 3 #

2020/2260(INI)

Draft opinion
Paragraph 1
1. Welcomes the fact that the aim of 1. the Farm to Fork Strategy is to establish a sustainable, healthy and resilient food system which benefits consumers in the EU; stresses that it is crucial to guarantee the environmental, social and economic sustainability of all measures in order to secure food production capacity, supply levels and the availability of products, as well as to maintain the competitiveness of all actors in the Single Market and ensure that nobody is left behind in the transition towards a more sustainable food system;
2021/01/18
Committee: IMCO
Amendment 15 #

2020/2260(INI)

Draft opinion
Paragraph 1 a (new)
1a. Underlines that the objectives and development of the Farm to Fork Strategy should be built on a science-based approach focused on coherent and evidence-based policy instruments; ; notes in this regard that its implementation must take into account the needs of the outermost regions1a to allow them to compete in a level-playing field; __________________ 1a Article 349 TFEU
2021/01/18
Committee: IMCO
Amendment 16 #

2020/2260(INI)

Draft opinion
Paragraph 1 b (new)
1b. Points out the economic and social added value of food in the EU, which not only entails providing citizens with a sufficient supply of healthy and affordable food and improved lifestyles, but also allows business opportunities, employment and growth; highlights that the COVID-19 pandemic has made us acutely aware of the interrelations between our health, supply chains, consumption patterns and production capacity, which evidence the importance of strengthening the resilience and overall sustainability of food production in the EU;
2021/01/18
Committee: IMCO
Amendment 17 #

2020/2260(INI)

Draft opinion
Paragraph 1 c (new)
1c. Calls on the Commission to adopt a holistic and comprehensive approach and carefully assess the short-term and long-term global impact of the Farm to Fork Strategy and its targets on the functioning of the Single Market, as well as of each legislative proposal, including the consequences for the supply and demand balance, price fluctuations and consumers’ affordability, producers’ profitability, competitiveness performance and cost-effectiveness analysis of the transition, among others; stresses that, as regards production methods and the goal of increased organic production, demand must be equally stimulated to take up production growth and market realities must be considered together with the overall environmental performance, in order to foster a seamlessly functioning of the organic market in the EU;
2021/01/18
Committee: IMCO
Amendment 21 #

2020/2260(INI)

Draft opinion
Paragraph 2
2. Considers that promoting healthy and sustainable food consumption calls for changes to diets, production systems and internal tradeoherent and innovative policies that guarantee the access, affordability and diversity of high-quality and fresh products available to consumers, intra EU-trade and the environmental, social and economic sustainability of the different production systems;
2021/01/18
Committee: IMCO
Amendment 35 #

2020/2260(INI)

Draft opinion
Paragraph 2 a (new)
2a. Highlights the utmost importance of fostering the engagement and cooperation of all actors in the food supply chain, as well as in the assessment, implementation and monitoring of this Strategy, for effective collective action towards a just transition; stresses that this process should entail a more equal redistribution of value among all operators in the food supply chain, strengthening farmers’ bargaining power and particularly improving the marketing relations between small businesses and producers with wholesale and retail companies, while also addressing unfair trading practices;
2021/01/18
Committee: IMCO
Amendment 46 #

2020/2260(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to not only step up its support for regional food systems and short supply chains, which act as a source of fresh, sustainable and better quality producshort supply chains, whenever it is possible and in full respect of the freedoms of the Single Market, but also to increase its effor consumersts to achieve further integration of food markets across the EU; takes the view that legislation on European public procurement should be revised in order to foster local, high-qualitysustainable food supply systems, together with the use of EU funding opportunities to support innovation in national and local public food procurement policies;
2021/01/18
Committee: IMCO
Amendment 59 #

2020/2260(INI)

Draft opinion
Paragraph 4
4. Urges the Commission to promote alternative and existing business models, such as consumer-friendly cooperative schemes; that are able to advance sustainability and compete in the most efficient manner according to market realities, in full respect of the freedom of association of producers1a; acknowledges the role that producers associations and organisations in the form of partnerships, agricultural processing companies or agri-food cooperatives may play in ensuring a sustainable food chain, a fair share for farmers and fostering the competitiveness of rural areas; __________________ 1aRegulation (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
2021/01/18
Committee: IMCO
Amendment 69 #

2020/2260(INI)

Draft opinion
Paragraph 4 a (new)
4a. Recalls that the EU food sector is characterised by a very high presence of SMEs, which despite their efforts face many barriers to improve their sustainability performance, such as lack of information, access to financial resources or technical skills; calls therefore on the Commission to ensure that all actions in the Farm to Fork Strategy enable a transition that creates real opportunities and a level playing- field, gives enough flexibility and further reduces and simplifies administrative burdens for micro and small food businesses, as well as for social economy enterprises; stresses in this regard the utmost importance of providing concrete measures for the just transition, such as further support in the management of EU funding, improving capacity building and delivering significant resources for the effective use of innovative and digital solutions, in order to strengthen their competitive position in the EU food system;
2021/01/18
Committee: IMCO
Amendment 73 #

2020/2260(INI)

Draft opinion
Paragraph 4 b (new)
4b. Welcomes the work on agri-food research, innovation and education made by the European Commission through initiatives such as the EIT Food, established by the European Institute of Innovation & Technology, which helps to identify promising and innovative solutions for a more sustainable food products and bring together a food community with the diverse food sectors partners, entrepreneurs, SMEs and consumers, which drive innovation across Europe;
2021/01/18
Committee: IMCO
Amendment 76 #

2020/2260(INI)

Draft opinion
Paragraph 5
5. Supports the establishment of a governance framework and a code of conduct for food and retail businesses, in order to make them accountable and aware of the importance of sustainability and healthresponsible business and marketing practices for food and retail businesses, in order to raise awareness of the importance of sustainability and health; considers that these initiatives should be sufficiently and properly defined, adjusted to the size and type of businesses and recognise the existing best practices and commitments already achieved by European companies; welcomes the Commission’s steps to particularly support the implementation of sustainable business practices by SMEs and develop both initiatives with all relevant stakeholders;
2021/01/18
Committee: IMCO
Amendment 89 #

2020/2260(INI)

Draft opinion
Paragraph 5 a (new)
5a. Underlines the relevance of harmonised EU marketing standards which serve the purpose of taking into account consumer expectations and helping to improve the quality and economic conditions for producing and marketing agricultural products; supports the improvement and development of coherent, consistent and effective EU marketing standards which better address the new needs and contribute to the further integration of the Single Market; stresses that strengthening consumer education is fundamental to raise awareness of the benefits of updated marketing standards, ensure correct consumer understanding and encourage critical and responsible consumption; calls on all actors involved in food supply chain management to step up transparency in the overall food supply chain and to increase consumer information in order to enable consumers to make fully-informed choices about available products and to act accordingly;
2021/01/18
Committee: IMCO
Amendment 91 #

2020/2260(INI)

Draft opinion
Paragraph 5 b (new)
5b. Recognizes in this regard the role that consumers can play in the implementation of the Farm to Fork Strategy and how innovation can help them; underlines that the strategy should remain inclusive for consumers in order for them to support the improvement for more healthy and sustainable food products;
2021/01/18
Committee: IMCO
Amendment 112 #

2020/2260(INI)

Draft opinion
Paragraph 6 b (new)
6b. Asks the Commission to explore the necessity to apply specific conditions to and exemptions for certain food categories or foodstuffs, such as olive oil, or for those covered by Protected Designations of Origin, Protected Geographical Indications or Traditional Specialities Guaranteed, as well as for single ingredient products; highlights the need for suitable and tailored measures to support micro, small, medium and social economy enterprises when implementing such labelling;
2021/01/18
Committee: IMCO
Amendment 133 #

2020/2260(INI)

Draft opinion
Paragraph 7 a (new)
7a. Considers that additional labelling schemes could be incentivized for certain products of added value and cover animal welfare, sustainability, carbon footprint and social aspects of food products such as the share of value going to farmers, with the objective of empowering consumers to make informed, healthy and sustainable food choices, and especially for maintaining their competitiveness from both environmental and health points of view;
2021/01/18
Committee: IMCO
Amendment 140 #

2020/2260(INI)

Draft opinion
Paragraph 7 b (new)
7b. Stresses the key role that research, digitalisation, artificial intelligence and secured access to the most advanced technologies play in the global transition towards a more sustainable food system, while ensuring the competitiveness, profitability and food production in the EU; urges the Commission to create an encouraging policy and regulatory environment that fosters further investment in innovation, the development and usage of technologies and the improvement of existing ones, including a common agriculture data space and the promotion of precision farming and knowledge-based farming, with a view to bringing benefits to consumers, workers and society as a whole;
2021/01/18
Committee: IMCO
Amendment 148 #

2020/2260(INI)

Draft opinion
Paragraph 8
8. Calls, with a view to protecting consumers, for full enforcement of the judgment of the Court of Justice of the European Union of 25 July 2018 in Case C-528/16, Confédération paysanne, which stipulates that food crops modified by genome editing armay be subject to the requirements of GMO legislation, including risk assessment, traceability and labelling; calls on the European Commission to take note of the latest developments in this regard and study the feasibility of a new legislative framework of new genetic modification techniques, based on scientific evidence, that provides sufficient predictability, flexibility and proportionality to respond to rapid technological and scientific developments in this field; acknowledges in this context the importance to build on the scientific advice of the European Food and Safe Authority and underlines its continuous contribution to ensuring the safety of the EU food chain and a high level of consumer protection;
2021/01/18
Committee: IMCO
Amendment 153 #

2020/2260(INI)

Draft opinion
Paragraph 8 a (new)
8a. Highlights that tax incentives and levies and any other measures related to food packaging should contribute to the transition to a more sustainable EU food system and encourage healthy dietary choices, whilst at the same time allowing for consumer-friendly and commercially viable and competitive solutions which preserve the competitiveness of all actors in the Single Market; points out that further financing and promotion of research on renewable and recyclable packaging is needed for this purpose;
2021/01/18
Committee: IMCO
Amendment 166 #

2020/2260(INI)

Draft opinion
Paragraph 10
10. Supports the Commission in its efforts to combat food fraud, which misleads consumers and distorts competition in the internal market, and regards it as essential to make the penalties imposed on fraudsters more dissuasive and, to earmark sufficient resources so that checks can be stepped upeffective and efficient checks can be stepped up, to properly staff market surveillance and customs authorities and to continue strengthening exchanges of information in the Single Market;
2021/01/18
Committee: IMCO
Amendment 173 #

2020/2260(INI)

Draft opinion
Paragraph 10 a (new)
10a. Stresses that the large amount of divergences in controls of products from third countries and in customs procedures and sanctions policies at the EU’s points of entry into the Customs Union often result, not only in food supply chains distortions, but also in large health and safety risks for consumers in the Single market; underlines that a coordinated and harmonised approach as regards unfair competition practices and the need for equivalent food standards, with due regard to the precautionary principle, is of vital importance in view of ensuring an uninterrupted flow of supplies of foodstuffs in all Member States, whilst respecting a high standard of security checks that can detect and prevent sanitary, phytosanitary and biologic risks from third country imports;
2021/01/18
Committee: IMCO
Amendment 176 #

2020/2260(INI)

Draft opinion
Paragraph 10 b (new)
10b. Insists that the Commission ensures that custom controls throughout the EU follow the same standards, by means of a direct unified customs control mechanism, in coordination with Member States and in full compliance with the principle of subsidiarity; furthermore, urges the Commission to increase, at EU and international level, cooperation between consumer protection, market surveillance and customs authorities and other relevant competent authorities so as to guarantee harmonised and uniform controls at all points of entry into the Union and thus secure the traceability of all food products;
2021/01/18
Committee: IMCO
Amendment 178 #

2020/2260(INI)

Draft opinion
Paragraph 11
11. Calls on the Member States for more effective implementation of Directive 2005/29/EC1 , in order to better address the problem of misleading environmental claims in food.and the timely and correct transposition of Directive 2019/633/EC2a, as well as to better address the problem of misleading environmental claims in food; believes that when clarifying competition rules, the Commission must create the conditions for a more efficient food market that enables consumers to benefit from a wide range of quality products at competitive prices, while ensuring that primary producers have the incentives to invest and innovate; __________________ 1 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council, OJ L 149, 11.6.2005, p. 22. 2aDirective (EU) No 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain.
2021/01/18
Committee: IMCO
Amendment 1 #

2020/2243(INI)

Draft opinion
Citation 1 a (new)
— having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 14 and 15 thereof,
2021/05/11
Committee: EMPL
Amendment 7 #
2021/05/11
Committee: EMPL
Amendment 8 #

2020/2243(INI)

Draft opinion
Citation 2 b (new)
— having regard to the Commission communication entitled ‘achieving the European Education Area by 2025’, (COM(2020)0625) and to the accompanying Commission staff working document (SWD(2020)0212),
2021/05/11
Committee: EMPL
Amendment 12 #

2020/2243(INI)

Draft opinion
Citation 2 c (new)
— having regard to the Commission communication entitled ‘European Skills Agenda for sustainable competitiveness, social fairness and resilience’(COM(2020)0274) and to the accompanying Commission staff working documents(SWD(2020)0121) and (SWD(2020)0122),
2021/05/11
Committee: EMPL
Amendment 14 #

2020/2243(INI)

Draft opinion
Citation 2 d (new)
— having regard to the Council Recommendation on vocational education and training (VET) for sustainable competitiveness, social fairness and resilience (2020/C417/01),
2021/05/11
Committee: EMPL
Amendment 16 #

2020/2243(INI)

Draft opinion
Citation 2 e (new)
— having regard to the Commission communication entitled ‘Digital Education Plan 2021-2027. Resetting education and training for the digital age’, (COM(2020)0624) and to the accompanying Commission staff working document (SWD(2020)0209),
2021/05/11
Committee: EMPL
Amendment 18 #

2020/2243(INI)

Draft opinion
Citation 2 f (new)
— having regard to the Commission communication entitled ‘A New Industrial Strategy for Europe’ (COM/2020/0102),
2021/05/11
Committee: EMPL
Amendment 19 #

2020/2243(INI)

Draft opinion
Citation 2 g (new)
— having regard to Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (Europass) and repealing Decision No 2241/2004/EC,
2021/05/11
Committee: EMPL
Amendment 20 #

2020/2243(INI)

Draft opinion
Citation 2 h (new)
— having regard to Eurofound research on the impact of digitalisation on skills use and skills development,
2021/05/11
Committee: EMPL
Amendment 21 #

2020/2243(INI)

Draft opinion
Citation 2 i (new)
— having regard to the Cedefop study entitled ‘Empowering adults through upskilling and reskilling pathways’, volumes 1 and 2,
2021/05/11
Committee: EMPL
Amendment 22 #

2020/2243(INI)

Draft opinion
Citation 2 j (new)
— having regard to Cedefop’s report entitled ‘Skills forecast - trends and challenges to 2030',
2021/05/11
Committee: EMPL
Amendment 27 #

2020/2243(INI)

Draft opinion
Recital A
A. whereas everyone has the right to inclusive and quality education, training and lifelong learning in order to acquire and maintain the skills and competences that will enable them to develop their professional and personal potential to the fullest extent;
2021/05/11
Committee: EMPL
Amendment 53 #

2020/2243(INI)

Draft opinion
Recital C
C. whereas investing in education, training and the effective use of skills will beis crucial for the EU’s economic and social prosperity, particularly in the light of the green and digital transitions, demographic change and globalisation, which are changing the nature of work, the content of jobs and the skills and qualifications required;
2021/05/11
Committee: EMPL
Amendment 57 #

2020/2243(INI)

Draft opinion
Recital C a (new)
C a. whereas the COVID-19 pandemic has drastic consequences for the EU social market economy and the changing nature of our labour market needs; whereas education and training, up- skilling and re-skilling, is essential for leveraging opportunities and addressing the challenges generated by the crisis;
2021/05/11
Committee: EMPL
Amendment 64 #

2020/2243(INI)

Draft opinion
Recital C b (new)
C b. whereas the COVID crisis exacerbated existing divides and inequalities in access to education and skills; whereas these have a significant impact on citizen’s employment prospects, earnings and inclusion in society; whereas policies aimed at building inclusive educational systems and labour markets should be intersectional;
2021/05/11
Committee: EMPL
Amendment 69 #

2020/2243(INI)

Draft opinion
Recital C c (new)
C c. whereas digital skills but also non- formal and informal skills have taken increased importance for citizens to actively participate in the labour market and society as a whole; including media literacy, critical and innovative thinking;
2021/05/11
Committee: EMPL
Amendment 82 #

2020/2243(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Insists on considering education and training as a common investment for not only the recovery, resilience and competitiveness of the Union, but also for ensuring its social cohesion and allow all people to find their life-course; welcomes the efforts of the European Commission and Member States to ensure pedagogical continuity during the COVID-19 crisis; highlights the need for greater cooperation and exchange of practice at the Union level on common opportunities and challenges related to education and training; urges the European Commission to ensure via Next Generation EU and Member States in their national recovery and resilience plans, to devote a substantial part of resources and reform to education, training and research; calls for a modernised and fully-fledged governance system for the implementation of the European Education Area, building on the ET 2020 framework;
2021/05/11
Committee: EMPL
Amendment 100 #

2020/2243(INI)

Draft opinion
Paragraph 2
2. Highlights the importance of ensuring inclusive and quality education, and promoting lifelong learning, including vocational education and training (VET), for all across the Union, to ensure equal opportunities in the labour market; welcomes, in this context, the development of a European approach to micro-credentials and individual learning accounts the launch of the Erasmus+ 2021-2027programme; calls the European Commission and Member States to promote and facilitate increased mobility for teachers and learners of all age; calls for the European Education Area, Skills Agenda, Council Recommendation on VET and interlinked policy initiatives to complement and mutually reinforce each other;
2021/05/11
Committee: EMPL
Amendment 104 #

2020/2243(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Insists on the valorisation of vocational education and training as a path of excellence leading to employment, fully integrated in the European Education Area and recognised on the labour market; welcomes, in this context, the initiative of Centres of Vocational Excellence and the development of a European approach to micro-credentials, modularisation and individual learning accounts; encourages the European Commission and Member States to work towards longer periods of mobility in vocational education and training, with a genuine European apprenticeship statute, and in partnership with the private sector; encourages the European Commission to work with Member States on an action plan to remove the remaining obstacles to European mobility, such as linguistic and administrative;
2021/05/11
Committee: EMPL
Amendment 110 #

2020/2243(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Calls for the European Education Area to support the Pact for Skills, requiring collective action of Member States, companies, social partners and other stakeholders; reiterates the need to unlock public and private investment in the up- and re-skilling of the European workforce; calls for more public-private partnerships in VET to strengthen the efficiency of educational systems and to match labour market needs, for instance in supporting teachers and trainers education, setting up training centres and contributing to research on labour market trends; urges Member States to support the private sector with education and training incentive measures;
2021/05/11
Committee: EMPL
Amendment 114 #

2020/2243(INI)

Draft opinion
Paragraph 3
3. UHighlights the role of the European Education Area in fostering citizen’s sense of being part of European savoir-faire; underlines that basic, soft and cross- cutting skills, up- and re-skilling and lifelong learning are vital for sustainable growth, productivity, investment and innovation, and are therefore key factors for the competitiveness of businesses, especially small and medium-sized enterprises (SMEs); insists on the short and long term benefits of the practice of mentoring in educational systems, businesses and our society as a whole; encourages Member states to incentivise associations and companies using mentoring programmes with thorough policies and resources; encourages the European Commission to promote mentoring and ultimately work with Member States towards the development of mentoring certification and labelling;
2021/05/11
Committee: EMPL
Amendment 138 #

2020/2243(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission and the Member States to facilitate and promote transparent mobility through the full implementation of the Professional Qualifications Directive1 , and better useimprove the use and visibility of tools such as the European Employment Services (EURES) job mobility portal, the Europass online platform and the European Skills, Competences, Qualifications and Occupations (ESCO) classification system; highlights, in this context, the need to improve the recognition of third-country nationals’ competences on the Union’s labour market; _________________ 1Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, OJ L 255, 30.9.2005, p. 22.
2021/05/11
Committee: EMPL
Amendment 24 #

2020/2220(INL)

Motion for a resolution
Recital D
D. whereas the procedure for the 2014 elections set a precedent for the role of the Parliament in the selection of the EC President; whereas it was not possible for that procedure did noto become part of an overall reform of EU electoral law,; which contributed to creating the political background for the unexpected disapplication of the lead candidate principle following the European elections of 2019, which resulted fromereas the lack of a common indication from the European political parties and parliamentary groups in support of one of the lead candidates, and the European Council’s lack of agreement on nominating any of the lead candidates contributed to the disapplication of the lead candidate principle following the European elections of 2019;
2021/11/11
Committee: AFCO
Amendment 37 #

2020/2220(INL)

Motion for a resolution
Recital G
G. whereas the turnout registered in the 2019 European elections was the highest of any elections to the European Parliament in the last 20 years; whereas increased turnout is a positive signal and shows that citizens, and in particular the youngest generations of the Union are taking an increasing interest in the development of the European integration, as indicated also by the results of the special Eurobarometer of 9 March 2021; whereas increased interest in European elections signals that EU citizens demand a swift action from the EU in the field of climate change, the protection of human rights and rule of law, migration, and the role of the EU in international relations;
2021/11/11
Committee: AFCO
Amendment 72 #

2020/2220(INL)

Motion for a resolution
Recital P
P. whereas European political parties are best placed to "contribute to forming European political awareness" and should therefore play a stronger role in the campaigns for Parliament elections in order to improve their visibility and to make clear the link between a vote for a particular national party and the impact it has on the size of a European political group in the European Parliament, and on the nomination of the President of the European Commission;
2021/11/11
Committee: AFCO
Amendment 162 #

2020/2220(INL)

Motion for a resolution
Paragraph 10
10. Believes that all European voters should be allowed to indicavote their preferred candidate for the President of the Commission, and that leading candidates should be able to stand in all Member States, nominated by a European political party, by a movement or by a coalition of European parties, putting forward a common electoral programme;
2021/11/11
Committee: AFCO
Amendment 194 #

2020/2220(INL)

Motion for a resolution
Paragraph 15
15. Considers that the introduction of a joint constituency from which forty-six members of the European Parliament shall be elected and in which lists are headed by each political family’s candidate for the post of President of the Commission could offer an opportunity to enhance the democratic and transnational dimension of the European elections; believes that the goal of establishing a joint constituency is achievable only if geographical, demographic and gender balance is ensured, by guaranteeing that smaller Member States are not put at a competitive disadvantage compared to the larger Member States; suggests in this respect by introducing bminding demographic representation in the lists for the joint constituency, such as maximum thresholds for candidates residing in the same Member State and a minimum obligatory representation of nationals of different Member Statesimum and maximum obligatory representation of nationals of different Member States; suggests in this respect introducing binding demographic representation in the lists for the joint constituency; encourages that European parties and movements to appoint candidates in the joint lists coming from all Member States;
2021/11/11
Committee: AFCO
Amendment 196 #

2020/2220(INL)

Motion for a resolution
Paragraph 15
15. Considers that the introduction of a joint constituency from which forty-six members of the European Parliament shall be elected and in which lists are headed by each political family’s candidate for the post of President of the Commission could offer an opportunity to enhance the democratic and transnational dimension of the European elections; believes that the goal of establishing a joint constituency is achievable only if geographical, demographic and gender balance is ensured, by guaranteeing that smaller Member States are not put at a competitive disadvantage compared to the larger Member States; suggests in this respect introducing binding demographic representation in the lists for the joint constituency, such as maximum thresholds for candidates residing in the same Member State and a minimum obligatory representation of nationals of different Member States; encouragrequires European parties and movements to appoint candidates in the joint lists coming from all Member States;
2021/11/11
Committee: AFCO
Amendment 227 #

2020/2220(INL)

Motion for a resolution
Paragraph 18 a (new)
18a. Proposes to allow for a temporary replacement of a Member in the case of maternity leave, parental leave or severe illness;
2021/11/11
Committee: AFCO
Amendment 306 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Recital 9
(9) A European Electoral Authority should be established for the management of the Union-wide constituency. Such a European Electoral Authority would be essential for coordinating information on the European elections and monitoring the implementation of the common standards of the European electoral law, by ensuring an efficient exchange of information and best practices between national bodies. In addition.
2021/11/11
Committee: AFCO
Amendment 318 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Recital 11
(11) Citizens of the Union have the right to participate in its democratic life, in particular by voting or standing as candidates in elections to the European Parliament. Member States should take the measures necessary to allow those of their citizens residing or working in third countries outside the Union, those who are, travellers, homeless or who are serving a prison sentence in the EU, to exercise the right to vote in elections to the European Parliament. Access to polling stations should also be facilitated for all citizens, and in particular for persons with disabilities.
2021/11/11
Committee: AFCO
Amendment 398 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 5
Member States shall ensure that all citizens of the Union, including those living or working in a third country outside the Union, travellers and those who are homeless or who are serving a prison sentence in the EU, are entitled to and are able to exercise their right to vote in elections to the European Parliament, and, with regard to those citizens serving a prison sentence, without prejudice to national law or court decisions handed down in accordance with national law.
2021/11/11
Committee: AFCO
Amendment 404 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 6 – paragraph 1
1. No one shall vote more than once in any election of members of the European Parliament in the national constituencies, as well as not more than once in the election of members of the European Parliament in the Union-wide constituency.
2021/11/11
Committee: AFCO
Amendment 416 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 8 – paragraph 1
1. Member States shall provide for postal voting in elections to the European Parliament, including for citizens living in a third countryoutside the Union, and shall adopt measures that ensure that postal voting is accessible, in particular for persons with disabilities. Member States shall adopt all necessary measures to ensure the reliability and secrecy of the vote, and the protection of personal data in accordance with applicable Union law.
2021/11/11
Committee: AFCO
Amendment 440 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 11 – paragraph 1 a (new)
The European electoral entities shall provide to the European Electoral authority a document containing the consent of all the candidates for their inclusion in the list no later than 12 weeks before Election Day. Such a document shall indicate the candidates’ names in full, identity card or passport number, date, place, and signature.
2021/11/11
Committee: AFCO
Amendment 484 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 5
5. No later than 12 weeks before Election day, the European electoral entities shall provide the European Electoral Authority with a document indicating that all the candidates consent to their inclusion in the list. Such a document shall indicate the candidates’ names in full, identity card or passport number, date, place of residence, place of signature and personal signature.deleted
2021/11/11
Committee: AFCO
Amendment 486 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 6
6. Whenever a candidacy is submitted by a European political movement, the list of candidates shall be supported in at least one quarter of the Member States by a number of voters that is at least equal to 0.01 % of the voting population in the relevant Member States.deleted
2021/11/11
Committee: AFCO
Amendment 490 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 7
7. Whenever the candidacy is submitted by a European electoral coalition, it shall comprise at least either two European political parties or two European political movements, or one European political party and one European political movement.deleted
2021/11/11
Committee: AFCO
Amendment 492 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 8
8. Whenever the candidacy is submitted by a European coalition of national political parties and/or national political movements, it shall comprise at least a number of national political parties and/or national political movements equal to a quarter of the Member States, where necessary rounding up to the nearest whole number.deleted
2021/11/11
Committee: AFCO
Amendment 504 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 13
13. For candidates living in a third country outside the Union, the candidate’s place of residence for the purposes of the composition of the list shall be their one before leaving the European Union. For citizens of the Union born and resident in a third country outside the Union, the place of residence for the purposes of drawing up of the list shall correspond to that of the candidate’s Member State of nationality.
2021/11/11
Committee: AFCO
Amendment 506 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 14
14. The lists of candidates for the Union-wide constituency shall include a number of candidates equal to the number of mandates as provided for in paragraph 1, and at least 27 candidates residing in each of the Member States.
2021/11/11
Committee: AFCO
Amendment 508 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 15
15. The lists shall include candidates resident in at least half of the Member States without repetition of residency up to the position corresponding to the number resulting from dividing the total number of Member States by two.deleted
2021/11/11
Committee: AFCO
Amendment 511 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 15
15. The lists shall include candidates resident in at least halfeach of the Member States without repetition of residency up to the position corresponding to the number resulting from dividing the total number of Member States by two.
2021/11/11
Committee: AFCO
Amendment 514 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 16
16. In order to ensure demographic balance in the list of candidates, an equal number of candidates shall appear successively from any of the Member States in each of the fivthree groups of Member States included in Annex 1, up to the list slot corresponding to the number resulting from dividing the total number of Member States by two, where necessary rounding up to the nearest whole number.
2021/11/11
Committee: AFCO
Amendment 515 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 17
17. The order of candidates from any of the Member States in each of the five groups of Member States included in Annex 1 shall vary in each list section of five slots up to the list slot corresponding to the number resulting from dividing the total number of Member States by two, where necessary rounding up to the next whole number.deleted
2021/11/11
Committee: AFCO
Amendment 519 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 17
17. The order of candidates from any of the Member States in each of the fivthree groups of Member States included in Annex 1 shall vary in each list section of fivthree slots up to the list slot corresponding to the number resulting from dividing the total number of Member States by two, where necessary rounding up to the next whole number.
2021/11/11
Committee: AFCO
Amendment 523 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 18
18. The total population of the Member States shall be calculated by the Commission (Eurostat) on the basis of the most recent data provided by the Member States, in accordance with a method established by means of Regulation (EU) No 1260/2013 of the European Parliament and of the Council.deleted
2021/11/11
Committee: AFCO
Amendment 536 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 22 – point c a (new)
(ca) To ensure that the transnational seats are truly European, a correction mechanism will be introduced so that the Members chosen via the transnational lists stem from all Member States. Starting from the 46th seat upwards candidates-elect will be substituted by the next candidate-elect of the same list originating from a Member State that has not yet been included in the results. Starting with a candidate from the least populated Member State until at least one of the Members elected on the European lists originates from each of the 27 Member States.
2021/11/11
Committee: AFCO
Amendment 537 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 22 – point c b (new)
(cb) In order to prevent an overrepresentation of elected Members from the EU-wide constituency residing in a single Member State, there will be a ceiling of 6 seats for any given Member State rounded upwards. If more than 6 seats are filled with elected Members from a single Member State, the other Members-elect from the same Member State will be substituted by a candidate from the same European list who falls within the criterion of the ceiling.
2021/11/11
Committee: AFCO
Amendment 540 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 15 – paragraph 23
23. In the event of death, resignation, loss of political rights or withdrawal of the mandate of a member of Parliament elected in the Union-wide constituency, the vacancy shall be filled by the next candidate ion the list of candidates inof which the member who has died, resigned or withdrawn was originally elected.
2021/11/11
Committee: AFCO
Amendment 551 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 1
1. Each European electoral entity permitted by the European Electoral Authority to table a list of candidates for members of the European Parliament in the Union-wide constituency shall appoint a general electoral administratorn official campaign accountant responsible for drawing up a general accounting plan for the income and expenses of the electoral campaign.
2021/11/11
Committee: AFCO
Amendment 553 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 2 –subparagraph 1
2. The general electoral administratorofficial campaign accountant shall be a citizen of the Union who has not been convicted of crimes resulting in their disqualification from election or employment in public office in their Member State of residence.
2021/11/11
Committee: AFCO
Amendment 554 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 16 –paragraph 2 – subparagraph 2
The general electoral administratorofficial campaign accountant shall not be a candidate for elections.
2021/11/11
Committee: AFCO
Amendment 558 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 16 – paragraph 4
4. Without prejudice to Article 21(1) of Regulation (EU, Euratom) No 1141/2014, the electoral campaign of European electoral entities shall be exclusively financed from the general budget of the European Union. An initial amount of EUR 0,50 shall be allocated for each vote obtained by the Union-wide constituency in the previous election to the European Parliament to those European electoral entities that have obtained at least one seat in the election. Every five years, the Commission shall adjust that initial amount in line with the average of inflation, Any electoral financing amount that is not fully spent on the campaign shall be reimbursed to the general budget of the European Union.deleted
2021/11/11
Committee: AFCO
Amendment 620 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 19 – paragraph 2
2. Member States may not officially make public the results of their count until after the close of polling in the Member State whose electors are the last to vote until thepublish results before the close of the polling time indicated in paragraph 1.
2021/11/11
Committee: AFCO
Amendment 623 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 19 – paragraph 3
3. The Election day shall be without prejudice to any activity organised to celebrate Europe’s Day in the Member States. Member States may declare the Election day a national holiday.deleted
2021/11/11
Committee: AFCO
Amendment 648 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 26 – paragraph 5 a (new)
5a. The Parliament may on the request of the member concerned, and in full agreement with the Member State concerned or the Electoral authority, propose a temporary replacement for a member linked to parental leave or a severe illness.
2021/11/11
Committee: AFCO
Amendment 664 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 2 – subparagraph 2
The Authority shall exercise all the functions related to the electoral process of the Union-wide constituency and liaise with the authorities referred to in Article 18. It may also provide assistance in case of difficulties related to the interpretation of the lists submitted by the National authorities.
2021/11/11
Committee: AFCO
Amendment 676 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 3 – subparagraph 1
3. The Authority shall be composed of one member appointed by each Member State, who shall be professors of law or political science. The members of the Authority will elect its president, vice- president, and secretary by simple majority, in a separate vote. The Authority shall take decisions by consensus or, if that is not possible, by simple majority.
2021/11/11
Committee: AFCO
Amendment 681 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 3 – subparagraph 2
The members of the Authority shall not be members of the European Parliament, national parliament or government, hold any electoral mandate or be a current or former employee of any EU institution or of any European political party or movement, or of any European political foundation.
2021/11/11
Committee: AFCO
Amendment 689 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 4 – subparagraph 2
If the presidenta member of the Authority no longer fulfils the conditions required for the performance of his or her duties, he or she may be dismissed by common accord by at least 3/5 of the members of the Authority and on the basis of a report drawn up by the alternative majority reasoning its proposal of dismissal.
2021/11/11
Committee: AFCO
Amendment 691 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 4 – subparagraph 3
The presidentmembers of the Authority shall be independent in the performance of his or her duties. When acting on behalf of the Authority, the presidenttheir duties, and they shall neither seek nor take instructions from any institution or government or from any other body, office or agency. The presidentmembers of the Authority shall refrain from any act which is incompatible with the nature of his or hetheir duties.
2021/11/11
Committee: AFCO
Amendment 694 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 4 – subparagraph 5
The five-year term of the Authority shall begin 30 days after the beginning of the parliamentary term as referred to in Article 20, except for the first term of the Authority which will start a year before the elections of 2024 and will exceptionally last 6 years.
2021/11/11
Committee: AFCO
Amendment 704 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 27 – paragraph 7 – subparagraph 1
7. The European Electoral Authority shall be financed by the general bugdget of the European Union, including the remuneration of the members of the Authority during the electoral period.
2021/11/11
Committee: AFCO
Amendment 715 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 30
For the purposes of the provisions of Article 16(4) second subparagraph, and as regards only the 2024 election to the European Parliament in the Union-wide constituency, the electoral financing in favour of European electoral entities shall be calculated on the basis of aggregating the total number of votes cast for the national political parties and national political movements affiliated to them in the 2019 election to the European Parliament. In the case of European coalitions of national political parties or movements, the electoral financing shall be calculated on the basis of the votes cast for each national political party or movement affiliated to the standing coalition in the 2019 election to the European Parliament.Article 30 deleted Transitional provision
2021/11/11
Committee: AFCO
Amendment 722 #

2020/2220(INL)

Motion for a resolution
Annex to the motion for a resolution – Article 32
The list of Member States in each of the fivthree groups included in Annex 1 to this Regulation shall be modified in the event of population changes connected to enlargement of the European Union with new Member States, in accordance with Article 49 TEU.
2021/11/11
Committee: AFCO
Amendment 726 #

2020/2220(INL)

Motion for a resolution
Annex 1 – TABLE – 27 EU MEMBER STATES BY POPULATION CATEGORIES
c Member State Total population Categories Country Population A Germany 83.166.711 10.7-83.1 France 67.320.216 Group A (37,9 million - 83,1 million) Italy 59.641.488 Spain 47.332.614 Poland 37.958.138 Romania 19.328.838 Netherlands 17.407.585 Group B (10.7 million - 19,3 million) Belgium 11.522.440 Greece 10.718.565 Czechia Czech Republic 10.693.939 B 5.4-10.6 Sweden 10.327.589 Portugal 10.295.909 Group C (6.9 million - 10,2 million) Hungary 9.769.526 Austria 8.901.064 Bulgaria 6.951.482 Denmark 5.822.763 Finland 5.525.292 Slovakia 5.457.873 Group D (2.7 million - 5.8 million) Ireland 4.964.440 C 0.5-4.9 Croatia 4.058.165 Lithuania 2.794.090 Slovenia 2.095.861 Latvia 1.907.675 Estonia 1.328.976 Group E (500.000 - 2.1 million) Cyprus 888.005 Luxembourg 626.108 Malta 514.564
2021/11/11
Committee: AFCO
Amendment 7 #

2020/2217(INI)

Draft opinion
Paragraph 1
1. Welcomes the Commission’s intention to create a genuine single market for data as it will be the backbone of Europe’s data economy and EU's competitiveness; considers that ensuring trust in digital services is fundamental for the digital single market and should be at the heart of both public policy and business models;
2020/11/17
Committee: IMCO
Amendment 25 #

2020/2217(INI)

Draft opinion
Paragraph 2
2. Urges the Commission to empower consumers to put them in control of their data and to ensure that the single market for data is grounded in European values and fairness in competition; believes that citizens’ data could help in developing innovative green solutions and services that would benefit European consumers and companies; asks the Commission to consider how to support data altruismprovide a specific legal basis and a clear definition of "data altruism" and consider how to support it in full compliance with European legislation;
2020/11/17
Committee: IMCO
Amendment 34 #

2020/2217(INI)

Draft opinion
Paragraph 2 a (new)
2a. Considers that the forthcoming Digital Market Act is a prerequisite to develop data portability in fair conditions; underlines that the consent should be explicitly and properly applied; stresses the need to take into account the Database Directive to protect intellectual property rights;
2020/11/17
Committee: IMCO
Amendment 35 #

2020/2217(INI)

Draft opinion
Paragraph 2 a (new)
2a. Believes that the current fragmentation of the single market and diverging rules between Member States are hampering the development of a genuine common European data space and calls for effective and coordinated actions to leverage the scale of the EU single market;
2020/11/17
Committee: IMCO
Amendment 39 #

2020/2217(INI)

Draft opinion
Paragraph 2 b (new)
2b. Considers that ensuring access to data is crucial for citizens but also for our businesses' innovation and growth, especially for start-ups and small and medium-sized enterprises (SMEs) and welcomes the actions foreseen by the European Commission in its communication to tackle the current lack of data availability;
2020/11/17
Committee: IMCO
Amendment 42 #

2020/2217(INI)

Draft opinion
Paragraph 2 c (new)
2c. Asks the Member States to fully implement the Directive on open data and the re-use of public sector information ("Open Data Directive") and the Commission and Member States to promote a culture of wide reuse of available data; furthermore, highlights the need to ensure easy access to data to all relevant institutional and societal actors and to economic operators, especially to SMEs and start-ups, tackling the existing barriers and promoting the use of modern web and API-based services for convenient and fast retrieval, browsing and processing of available data;
2020/11/17
Committee: IMCO
Amendment 51 #

2020/2217(INI)

Draft opinion
Paragraph 3 a (new)
3a. Underlines that a safe and trusted ecosystem where storing, processing and exchanging data under the highest cybersecurity standards is a precondition for the development of a truly single market for data and for the creation of the new data spaces; recalls that increased connectivity brings about increased cyber threats and welcomes the announced revision of the Directive on security of network and information systems ("NIS Directive") to improve the current EU Cybersecurity legal framework;
2020/11/17
Committee: IMCO
Amendment 59 #

2020/2217(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls on the Commission to further reflect on the concept of data value;
2020/11/17
Committee: IMCO
Amendment 63 #

2020/2217(INI)

Draft opinion
Paragraph 3 b (new)
3b. Stresses the economic and societal importance of easily accessible and free of charge public sector data in the view of their re-use; calls for clear rules for business-to-government (B2G) data sharing, in particular with regards to possible fees to be derived from the costs related to the processing of requests for re-use of data;
2020/11/17
Committee: IMCO
Amendment 70 #

2020/2217(INI)

Draft opinion
Paragraph 3 c (new)
3c. Calls on the Member States for an effective implementation of the Regulation on the free flow of non- personal data, with the objective to allow data to be stored and processed everywhere in the EU without unjustified restrictions; recalls that data localisation requirements within the Union are prohibited unless justified on grounds of public security in compliance with the principle of proportionality and reminds that any such existing requirements must be repealed by 30 May 2021;
2020/11/17
Committee: IMCO
Amendment 86 #

2020/2217(INI)

Draft opinion
Paragraph 4
4. Underlines the need to improve access to European cloud services and to address interoperability issues, which now constitute a significant barrier for an effective data sharing, by including codes of conduct, certification and standards, in a ‘cloud rulebook’; considers proportionality to be the guiding principle for data quality and interoperability requirements; calls on the Commission to consider promoting existing standards to avoid unnecessary transaction costs and to provide high quality standards for sectors and data spaces of high importance for significant societal challenges.;
2020/11/17
Committee: IMCO
Amendment 89 #

2020/2217(INI)

Draft opinion
Paragraph 4 a (new)
4a. Recognises the rise of the edge computing paradigm, especially considering the ongoing rollout of 5G networks and subsequent business models, and stresses the need to make sure that technical and legal solutions for providing effective access to data on the edge are found; emphasises the urgent need to address the emerging cybersecurity and data interoperability challenges that the unprecedented scale and the distributed nature of edge computing brings along, including the challenges in machine authentication, data provenance, privacy, and integrity;
2020/11/17
Committee: IMCO
Amendment 102 #

2020/2217(INI)

Draft opinion
Paragraph 4 b (new)
4b. Welcomes the intention to address the current limitations of the data portability and to enhance the portability rights for individuals under the Article 20 of the GDPR;
2020/11/17
Committee: IMCO
Amendment 105 #

2020/2217(INI)

Draft opinion
Paragraph 4 c (new)
4c. Underlines the close link between data and AI and stresses that data availability and data quality are crucial for the development of effective, well- functioning and unbiased systems of artificial intelligence;
2020/11/17
Committee: IMCO
Amendment 50 #

2020/2216(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission to increase support for key enablers of the digital economyaim at an innovation-friendly regulatory environment for enablers of the digital economy and to strengthen the financial and institutional support for the European digital economy in close coordination with Member States and stakeholders;
2021/01/26
Committee: IMCO
Amendment 58 #

2020/2216(INI)

Motion for a resolution
Paragraph 9
9. Calls on the Commission to ensure wider coordination of investment in the NextGenerationEU recovery plan; calls on the Commission to propose concrete actions within this plan to support key digital enablers and high impact technologies in the EU;
2021/01/26
Committee: IMCO
Amendment 68 #

2020/2216(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to work to position the EU as leader in the adoption and standardisation process for new technologies; highlights the need to work with industry and also with international partners on setting global standards; in this regard, welcomes the Commission’s proposal from December 2020 for a new transatlantic agenda, which highlights the importance of cooperating with the US on technology and standards;
2021/01/26
Committee: IMCO
Amendment 171 #

2020/2216(INI)

Motion for a resolution
Paragraph 29
29. cCalls on the Commission and the Member States to make use of innovative regulatory tools such as ‘regulatory sandboxes’ to help provide a clear path to scale-up for start-ups and small companies, regardless oftaking the risk profile and the possible welfare gain of their product into account; believes that these tools can help encourage innovation without any detriment to consumer protection;
2021/01/26
Committee: IMCO
Amendment 178 #

2020/2216(INI)

Motion for a resolution
Paragraph 30
30. Believes that the use of AI in a high-risk AIcontext should be limited to specific and clearly warranted purposes, in full respect of the applicable law and subject to transparency obligations; underlines that thisonly a clear and legally certain legislative framework will be decisive for ensuring public trust and support for the necessity and proportionality of the deployment of such technologies; calls on the Commission to carefully consider whether there are certain use cases, situations or practices for which specific technical standards, including underlying algorithms, should be adopted; deems necessary, should such technical standards be adopted, that these are regularly reviewed and re-evaluated, given the fast pace of technological development;
2021/01/26
Committee: IMCO
Amendment 181 #

2020/2216(INI)

Motion for a resolution
Paragraph 31
31. Calls on the Member States to encourage and support the establishment of specialised review boards for AI products and services Commission and the Member States to ensure close cooperation and mutual recognition of decisions when enforcing the Member States to assess the potential benefits and potential harm stemming from high-risk, impactful AI-based projectsregulatory framework in order to prevent a fragmented Single Market;
2021/01/26
Committee: IMCO
Amendment 187 #

2020/2216(INI)

Motion for a resolution
Paragraph 32
32. Highlights the importance of education and research for AI; calls on the Commission and the Member States to establish an EU centre of excellence for AI; considers that this should be done with the involvement of universities, companies and research institusupports the establishment of the European Network of Artificial Intelligence Excellence Centres; believes that this network should help to strengthen the exchange of knowledge on AI, support AI related talent within the EU and attract new talent, foster the cooperations; believes that such a centre can help totween science and AI developers as well as provide specialised training and development for regulatory authorities;
2021/01/26
Committee: IMCO
Amendment 195 #

2020/2216(INI)

Motion for a resolution
Paragraph 33
33. Calls on the Commission to update the existing liabiliproduct liability and product safety framework in order to address new challenges posed by emerging digital technologies such as artificial intelligence;
2021/01/26
Committee: IMCO
Amendment 302 #

2020/2215(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Recalls that stereotypes and taboo surrounding menstruation remain widespread in our societies, and that these can delay diagnosis of diseases such as the endometriosis disease, which despite affecting 1 women on 10 of reproductive age, being the first cause of women's infertility, causing chronic pelvic pain, has a median delay of 8 years for its diagnosis and for which there is no cure ; Calls on Member states to ensure comprehensive and scientifically accurate education about menstruation, to raise awareness and to launch major information campaigns on endometriosis targeting the public, healthcare professionals and legislators, and to invest on research about the causes and treatments of this disease;
2020/12/14
Committee: FEMM
Amendment 3 #

2020/2201(INI)

Motion for a resolution
Recital A
A. whereas according to several Eurobarometer surveys, a large proportion of EU citizens are not satisfied with the way democracy works in the EU and tend to distrust the EU institutions; whereas not only is this perception presentmeasured at EU level, but also at national level;
2021/05/05
Committee: AFCO
Amendment 7 #

2020/2201(INI)

Motion for a resolution
Recital C b (new)
C b. whereas Article 165 (2) of the Treaty on European Union mandates the EU to encourage the development of youth exchanges and of exchanges of socio-educational instructors, and to encourage the participation of young people in democratic life in Europe;
2021/05/05
Committee: AFCO
Amendment 10 #

2020/2201(INI)

Motion for a resolution
Recital D
D. whereas the legal and political impact of the only bottom-up instruments for citizens in the EU, namely the European Citizens’ Initiative (ECI), complaints to the European Ombudsman and petitions to Parliament, is rather minimal; whereas the European Ombudsman recommendations are not legally binding;
2021/05/05
Committee: AFCO
Amendment 14 #

2020/2201(INI)

Motion for a resolution
Recital D a (new)
D a. whereas Article 11 (1) of the TEU provides that institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action;
2021/05/05
Committee: AFCO
Amendment 16 #

2020/2201(INI)

Motion for a resolution
Recital D b (new)
D b. whereas the Interinstitutional Agreement of 13 April 2016 on Better Law-Making in its paragraph 19 underlines that public and stakeholder consultation is integral to well-informed decision-making and to improving the quality of law-making;
2021/05/05
Committee: AFCO
Amendment 17 #

2020/2201(INI)

Motion for a resolution
Recital E
E. whereas online public consultations carried out by the Commission are mostly aimed at a particular target group, are not widely disseminated and run for a limited amount of time, meaning that they do not reach a significant proportion of the population;
2021/05/05
Committee: AFCO
Amendment 18 #

2020/2201(INI)

Motion for a resolution
Recital E a (new)
E a. whereas the European Court of Auditors in a comprehensive review of the Commission's consultation policy in 2019 recommended that the Commission should improve the way it reaches out to citizens to promote greater participation;
2021/05/05
Committee: AFCO
Amendment 20 #

2020/2201(INI)

Motion for a resolution
Recital F
F. whereas Citizens’ Dialogues conducted by the Commission are a way to provide information to citizens rather than to engage with them in a debate about their vision and what they would like to see change in the EU and do not provide a feedback mechanism to inform citizens about the outcomes of their participation;
2021/05/05
Committee: AFCO
Amendment 21 #

2020/2201(INI)

Motion for a resolution
Recital G
G. whereas the existing participatory instruments, such as the ECI, public consultations and Citizens’ Dialogues, do not provide very effective means for citizens to influence EU decision-making; whereas this is largely due to the lack of effective follow-up in the decision-making process at institutional level;
2021/05/05
Committee: AFCO
Amendment 26 #

2020/2201(INI)

Motion for a resolution
Recital H
H. whereas most forms of participation are generally used by organised interest groups and not by individual citizens; whereas individual citizens are largely unaware of the existing participatory instruments and therefore underrepresented in views and data collected through the existing instruments;
2021/05/05
Committee: AFCO
Amendment 29 #

2020/2201(INI)

Motion for a resolution
Recital I
I. whereas the current participatory instruments do not maximise the potential of citizens’ participation when it comesand therefore insufficiently contribute to strengthening the democratic legitimacy of the EU and increasing citizens’ sense of ownership towards an EU that reflects their needs and visions;
2021/05/05
Committee: AFCO
Amendment 30 #

2020/2201(INI)

Motion for a resolution
Recital J
J. whereas reforming the existing participatory instruments, while paying particular attention to the most underrepresented groups of society, notably young people, and further developing a European public sphere can contribute to reinforcing the democratic legitimacy of the EU;
2021/05/05
Committee: AFCO
Amendment 32 #

2020/2201(INI)

Motion for a resolution
Recital K
K. whereas there is a need to enhance the European dimension of citizenship education, by improving theircitizens' understanding of the EU, in order to enable citizens’their participation;
2021/05/05
Committee: AFCO
Amendment 33 #

2020/2201(INI)

Motion for a resolution
Recital K a (new)
K a. whereas there is the need to recognise the work of civil society organisations in civic education and learning, and to encourage a holistic approach to citizenship education, including both formal and non-formal education and informal learning;
2021/05/05
Committee: AFCO
Amendment 34 #

2020/2201(INI)

Motion for a resolution
Recital L
L. whereas existing successful projects on citizen participation, such as European HomeParliaments and EU Youth Dialogue, have demonstrated that citizens would like to be included in EU decision- making processes on a regular basis; whereas the Council remains a closed- door institution as confirmed by the European Ombudsman’s inquiry OI/2/2017/TE into the Council’s lack of transparency regarding public access to its legislative documents and its decision- making process;
2021/05/05
Committee: AFCO
Amendment 48 #

2020/2201(INI)

Motion for a resolution
Paragraph 2
2. Points out that the existing participatory instruments should be improved and new ones developed, to make citizens’ participation more accessible, inclusive, meaningful and effective;
2021/05/05
Committee: AFCO
Amendment 55 #

2020/2201(INI)

Motion for a resolution
Paragraph 3
3. Underlines the benefits of engaging with citizens in the development of a European public sphere and in the reinforcement of the democratic legitimacy of the EU;
2021/05/05
Committee: AFCO
Amendment 59 #

2020/2201(INI)

Motion for a resolution
Paragraph 4
4. Emphasises that the EU institutions have to be informed of citizens’ concerns and need to be more attentive to these concernmust provide appropriate follow-up in the ensuing decision-making process;
2021/05/05
Committee: AFCO
Amendment 73 #

2020/2201(INI)

Motion for a resolution
Paragraph 6
6. Stresses the need for permanent participatory mechanisms to allow for citizens’ participation in EU decision- making at all stages and beyond the act of voting and other existing channels and instruments;
2021/05/05
Committee: AFCO
Amendment 77 #

2020/2201(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Points out that the current concept and practice of Citizens’ Dialogues should be reinforced and updated;
2021/05/05
Committee: AFCO
Amendment 81 #

2020/2201(INI)

Motion for a resolution
Paragraph 7
7. Highlights the fact that regularly held citizens’ dialogue participation processes with citizens could serve different purposes, such as determining annual political or legislative priorities, developing specific proposals in relation to specific questions, discussing institutional matters or deciding on the spending of certain public resources;
2021/05/05
Committee: AFCO
Amendment 84 #

2020/2201(INI)

8. Recalls that citizens’ dialogues should intend to provide a means for individuals to express their ideas and concerns; underlines the fact that they have to be participatory, inclusive, open, deliberate, transnational, transparent, accountable, effective, visible and attractive;
2021/05/05
Committee: AFCO
Amendment 87 #

2020/2201(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Stresses the need to enhance the European dimension of citizenship education in order to enable citizens’ participation and ability to act as responsible citizens and to fully participate in civic and social life at both, the European level as well as the Member State level, based on understanding of social, economic, legal and political concepts and structures, as well as global developments and sustainability;
2021/05/05
Committee: AFCO
Amendment 88 #

2020/2201(INI)

Motion for a resolution
Paragraph 8 b (new)
8 b. Proposes to establish a European Network for Citizenship Education to provide a platform for exchange on best- practices and knowledge on methods of enhancing the European dimension of citizenship education;
2021/05/05
Committee: AFCO
Amendment 89 #

2020/2201(INI)

Motion for a resolution
Paragraph 8 c (new)
8 c. Calls on the Commission to develop a comprehensive European strategy to enhance citizenship competences in the EU and develop supportive measures aimed at providing equal access to citizenship education to all people residing in the EU to enable them to exercise their political rights;
2021/05/05
Committee: AFCO
Amendment 101 #

2020/2201(INI)

Motion for a resolution
Paragraph 11
11. Stresses that the purpose of citizens’ dialogueany participatory process must be communicated from the very beginning in order for them to be effective;
2021/05/05
Committee: AFCO
Amendment 104 #

2020/2201(INI)

Motion for a resolution
Paragraph 12
12. Recalls that, prior to the launching of these dialogueany participatory process, the EU institutions must commit themselves to following up on their outcome in the light of their competences and legislative procedures; notes that citizens’ disappointment often stems from politicians over-promising and under- delivering;
2021/05/05
Committee: AFCO
Amendment 109 #

2020/2201(INI)

Motion for a resolution
Paragraph 13
13. Stresses that the outcome of the participatory process must be clearly defined, so that it can be subject to ainstitutions must actively provide assistance to the participants throughout the participatory process enabling an appropriate legally binding follow-up; proposes that participants should be provided with written feedback at the end of such exercises, since they ensure the accountability of the institutions and the credibility of such processes;
2021/05/05
Committee: AFCO
Amendment 110 #

2020/2201(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Calls for fact-checking and moderation with regards to disinformation in the functioning of online platforms that are used to engage with citizens;
2021/05/05
Committee: AFCO
Amendment 113 #

2020/2201(INI)

Motion for a resolution
Paragraph 14
14. Believes that citizens’ participatory processes, as the work of the EU administration, must adhere to the highest possible level of transparency;
2021/05/05
Committee: AFCO
Amendment 116 #

2020/2201(INI)

Motion for a resolution
Paragraph 15
15. Highlights the need to establish a proper follow-up mechanism forframework for the follow-up on citizens’ dialogues in order to take citizens’ input seriouslyeffectively into account; proposes that part of the follow- up could be to translate the outcome into initiative reports and public hearings and to involve citizens throughout these steps;
2021/05/05
Committee: AFCO
Amendment 117 #

2020/2201(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Believes that, in accordance with Article 15 of Regulation (EU) 2019/788 on the ECI, in case the Commission, within the given deadlines, has failed to publish its intentions, or has set out in a communication that it intends not to take action on a European Citizens’ Initiative (ECI), which has met the procedural requirements and is in line with the Treaties, in particular the core values of the Union, enshrined in Article 2 TEU, Parliament could decide to follow up the ECI with a legislative own-initiative report (INL); urges the Commission to commit itself to submit a legislative proposal following Parliament’s adoption of such an INL; proposes in that regard to modify the current framework agreement between the European Parliament and the European Commission;
2021/05/05
Committee: AFCO
Amendment 127 #

2020/2201(INI)

Motion for a resolution
Paragraph 17
17. Proposes the establishment of an independent civil society organisation or foundationnetwork that brings together different democracy initiatives and that focuses on making citizens more influential in policy- making;
2021/05/05
Committee: AFCO
Amendment 133 #

2020/2201(INI)

Motion for a resolution
Paragraph 20
20. Proposes the introduction of a citizens’ consult' participations mechanisms for pilot projects, since this would enable citizens to be involved inluding ‘participatory budgeting’ to allow the shaping of the expenditure side of the Union's budget and would therefore pave the way towards creating a participative budget at EU level‘crowdsourcing’ to enable citizens to be involved in the co-creation of policies with EU decision-makers;
2021/05/05
Committee: AFCO
Amendment 144 #

2020/2201(INI)

Motion for a resolution
Paragraph 21 a (new)
21 a. Will engage with the other EU institutions and stakeholders to strengthen additional channels of citizen input, including the expansion of citizens' dialogues and the establishment of a permanent mechanism for citizens’ participation with a formally binding follow-up process;
2021/05/05
Committee: AFCO
Amendment 19 #

2020/2149(DEC)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls on the EEAS to ensure that the EU delegation to the United Kingdom has a permanent and stable status that is consistent with the European Treaties and that it is provided with the human and material resources to carry out its tasks, in particular with regard to compliance monitoring;
2021/02/08
Committee: CONT
Amendment 1 #

2020/2142(DEC)

Draft opinion
Recital A
A. whereas, under the terms of Article 319 of the Treaty on the Functioning of the European Union (TFEU), the European Parliament shall give a discharge to the Commission in respect of the implementation of the general budget of the European Union; whereas the Council’s budget is a section of the Union budget;
2020/12/21
Committee: AFCO
Amendment 3 #

2020/2142(DEC)

Draft opinion
Recital A a (new)
A a. whereas, under the terms of Article 319 (2) TFEU, the Commission must submit to the European Parliament, at the latter’s request, any necessary information concerning the execution of expenditure and the operation of financial control systems;
2020/12/21
Committee: AFCO
Amendment 7 #

2020/2142(DEC)

Draft opinion
Recital B a (new)
B a. whereas the European Court of Justice’s case-law supports the right of taxpayers and public opinion to be kept informed on the use of public revenues;
2020/12/21
Committee: AFCO
Amendment 8 #

2020/2142(DEC)

Draft opinion
Paragraph 1
1. Regrets that,Stresses the need for a Memorandum of Understanding between the European Parliament, the Council and the Commission on the provision of the information necessary for the European Parliament to take an informed decision on discharge; regrets that negotiations with the Council to that end have still not resumed and this despite the letter sent by Parliament's Committee on Budgetary Control on 25 May 2020 to the secretary- general of the Council to inform that Parliament's Committee on Budgetary Control has been mandated by Parliament's Conference of Presidents to reopen negotiations with the Council on cooperation during the annual discharge procedure, those negotiations have not yet resumed;
2020/12/21
Committee: AFCO
Amendment 14 #

2020/2142(DEC)

Draft opinion
Paragraph 3 a (new)
3 a. Is of the opinion that Parliament should address its decisions on discharge in respect of the implementation of the budget to the Commission alone, while continuing the practice of adopting accompanying resolutions with observations addressed to each of the Union’s institutions and bodies, so as to ensure that no section of the EU budget is implemented without proper scrutiny;
2020/12/21
Committee: AFCO
Amendment 17 #

2020/2142(DEC)

Draft opinion
Paragraph 4
4. ConsidersSuggests that, while the current situation could be improved through better cooperation between the Union institutions within the Treaty framework, a revision of the Treaties could ultimately be required, so as to offer more legal clarity with regard to the discharge procedure by giving the European Parliament the explicit competence to grant discharge to all institutions and bodies individually; believes, in that regard, that the Conference on the fFuture of Europe provides an opportunity to discuss such a proposals to enhanc and explore possible ways to increase transparency and democratic accountability with regard to the protection of the Union’s financial interests.
2020/12/21
Committee: AFCO
Amendment 4 #

2020/2133(INI)

Motion for a resolution
Citation 13
— having regard to the recommendations of Transparency International, the Council of Europe’s Group of States against Corruption (GRECO), and the Organisation for Economic Co-operation and Development (OECD),
2021/02/16
Committee: AFCO
Amendment 8 #

2020/2133(INI)

Motion for a resolution
Recital A
A. whereas the TEU stipulates that ‘the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies and agencies’; whereas this implies that public decisions are taken in the interest of the common good and not according to the financial power of individual actors;
2021/02/16
Committee: AFCO
Amendment 13 #

2020/2133(INI)

Motion for a resolution
Recital B
B. whereas the ethical standards applicable to the European institutions are in many respects ahead of those applicable in their national equivalents but have not been enforced in a satisfactory manner, particularly in Parliament where, in spite of there having been at least 27 breaches of the code of conduct, no procedure has ever led to any sanction;
2021/02/16
Committee: AFCO
Amendment 23 #

2020/2133(INI)

Motion for a resolution
Recital C
C. whereas the shortcomings of the current EU ethics framework derive largely from the fact that it relies on a self- regulatory approach and lacks adequate human, due to the absence of EU Criminal law, and financialsufficient resources and competences to verify information;
2021/02/16
Committee: AFCO
Amendment 28 #

2020/2133(INI)

Motion for a resolution
Recital D
D. whereas, as a consequence, multiple alleged cases of unethical conduct and their inadequate handling by the EU institutions have potentially harmed the trust which European citizens place in the EU institutions;
2021/02/16
Committee: AFCO
Amendment 42 #

2020/2133(INI)

Motion for a resolution
Recital G
G. whereas allsome lead candidates in the 2019 European elections committed tosupported the creation of an independent ethics body common to all EU institutions; whereas the President of the Commission committed tosupports it in her political guidelines and whereas Parliament has already supported this view;
2021/02/16
Committee: AFCO
Amendment 69 #

2020/2133(INI)

Motion for a resolution
Paragraph 2 – introductory part
2. Considers that the new EU Ethics Body should be delegated a list of competences to implementpropose and advise on ethics rules for Members and staff; takes the view that this list should include by way of a minimum the competences provided for in:
2021/02/16
Committee: AFCO
Amendment 74 #

2020/2133(INI)

Motion for a resolution
Paragraph 2 – indent 2
- Parliament’s Rules of Procedure: Rules 2, 10(5, 6 and 7) and 11, 176(1), Annex I, Articles 1 to 3, 4(6), 5 and 6 and Annex II,
2021/02/16
Committee: AFCO
Amendment 77 #

2020/2133(INI)

Motion for a resolution
Paragraph 2 – indent 3
- the Commission’s Rules of Procedure: Article 9, its Code of Conduct, Article 2 and Articles 5-11, and Annex II, and its Decision of 25 November 2014 on the publication of information on meetings held between Members of the Commission and organisations or self-employed individuals, and the same decision for Directors-General,
2021/02/16
Committee: AFCO
Amendment 80 #

2020/2133(INI)

Motion for a resolution
Paragraph 2 – indent 4
- the Staff Regulation’s Articles 11, 11(a), 12, 12(a), 12(b), 13, 15, 16, 17, 19, 21(a), 22(a), 22(c), 24, 27 and 40, applying mutatis mutandis to all personnel employed by the agencies if signatories of the IIA
2021/02/16
Committee: AFCO
Amendment 83 #

2020/2133(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Recalls the difference between Members of Parliament who are elected and receive allowances, and civil servants who are appointed and receive a salary; stresses that for the former, control should take place after the election, and for the latter before the appointment
2021/02/16
Committee: AFCO
Amendment 84 #

2020/2133(INI)

Motion for a resolution
Paragraph 2 b (new)
2 b. Recalls that the notion of conflict of interest during the term of office or functions should be distinguished from the situation before and after
2021/02/16
Committee: AFCO
Amendment 85 #

2020/2133(INI)

Motion for a resolution
Paragraph 2 c (new)
2 c. Recalls the necessity to distinguish what must be declared and what must be prohibited;
2021/02/16
Committee: AFCO
Amendment 86 #

2020/2133(INI)

Motion for a resolution
Paragraph 2 d (new)
2 d. Points out, however, that the final decision making concerning the adoption of ethics rules as well as decisions on sanctions remain the prerogative of the participating Institutions
2021/02/16
Committee: AFCO
Amendment 90 #

2020/2133(INI)

Motion for a resolution
Paragraph 3
3. Believes that the Members and staff of the participating institutions should be covered by the agreement before, during and in some cases after the term of office or service in line with the applicable rules; considers that this should apply to Members of Parliament, Commissioners and all EU staff falling under the scope of the Staff Regulation;
2021/02/16
Committee: AFCO
Amendment 106 #

2020/2133(INI)

Motion for a resolution
Paragraph 5
5. Considers that the participating institutions should entrust the EU Ethics Body with monitoring powers over ethics standards, as well as advisory, investigative and enforcement powersthe capacity to propose sanctions, if appropriate;
2021/02/16
Committee: AFCO
Amendment 135 #

2020/2133(INI)

Motion for a resolution
Paragraph 9
9. Believes that in relation to its enforcement powers, the body cshould take over from the Appointing Authority in dealing with staff ethics obligations, and that in relation to Members of Parliament or Commissioners, the body could be granted enforcement powers within the limits of the provisions contained in the Treaties, and without prejudice to any additional mechanisms provided for in Parliament’s Rules of Procedure, in particular concerning termination of officeissue recommandations to the responsible authorities of the respective participative Institutions and without prejudice to any additional mechanisms;
2021/02/16
Committee: AFCO
Amendment 148 #

2020/2133(INI)

Motion for a resolution
Paragraph 11
11. Believes that the decision on the absence of conflicts of interest of Commissioners-designate should remain a competence of Parliament’s Committee on Legal Affairs, while the EU Ethics Body should support the process with the publication of its analysis of each individual case and make its investigative capacities available;
2021/02/16
Committee: AFCO
Amendment 160 #

2020/2133(INI)

Motion for a resolution
Paragraph 12
12. Believes that the Ethics Body should be composed of nine Members, three selected by the Commission, three elected by Parliament, and three assigned de jure from among the former Presidentjudges of the Court of Justice of the European Union (CJEU), the Court of Auditors and former EU Ombudsmen;
2021/02/16
Committee: AFCO
Amendment 172 #

2020/2133(INI)

Motion for a resolution
Paragraph 14
14. Suggests that each institution choose these members in particular from among former judges of the CJEU, former or current members of highest courts of Member States, former Members of the European Parliament, former staff of the participating institutions and bodies, former EU Ombudsmen, and members of the ethics authorities in Member States; suggests further that the body elect a President and two Vice- Presidents from among its members;
2021/02/16
Committee: AFCO
Amendment 187 #

2020/2133(INI)

Motion for a resolution
Paragraph 16
16. Proposes a two-step approach whereby, in the event that the EU Ethics Body becomes aware of a breach or possible breach of ethics rules, it first recommends actions to put an end to the breach; considers that this first preventive step should ensure confidentiality and the right of the person to be heard; suggests that in the event that the individual concerned refuses to take the appropriate actions, the EU Ethics Body should make relevant information, without prejudice to the GDPR, about the case publicly available and drecideommend, if appropriate, on sanctions; considers that this two-step approach should apply provided that there are no reasonable grounds to believe that the individual acted in bad faith and recommends that intentional breach, gross negligence, the concealment of evidence and non- compliance with the obligation to cooperate should be, as such, subject to sanctions, even when the breach itself has ceased;
2021/02/16
Committee: AFCO
Amendment 200 #

2020/2133(INI)

Motion for a resolution
Paragraph 18
18. Insists that the decisions of the EU Ethics Body should be legally binding, reviewable before the CJEU and subject to possible complaints to the EU Ombudsman;deleted
2021/02/16
Committee: AFCO
Amendment 1 #

2020/2132(INI)

Motion for a resolution
Citation 6 a (new)
— having regard to its resolution of 15 January 2020 on the European Parliament’s position on the Conference on the Future of Europe,
2021/09/13
Committee: AFCO
Amendment 2 #

2020/2132(INI)

Motion for a resolution
Citation 6 b (new)
— having regard to its resolution of 18 June 2020 on the European Parliament’s position on the Conference on the Future of Europe,
2021/09/13
Committee: AFCO
Amendment 45 #

2020/2132(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Notes that these developments are part of a wider trend whereby aforementioned institutions increasingly usurp decision-making power in all EU policy fields; stresses that this practice erodes the institutional balance of the EU as established by the Treaties; believes that the balance should be restored in favour of democratic legitimacy through equivalent rights for Parliament;
2021/09/13
Committee: AFCO
Amendment 54 #

2020/2132(INI)

Motion for a resolution
Paragraph 15
15. Regrets that, until 2019, the follow- up on Parliament’s legislative initiative reports adopted pursuant to Article 225 of the TFEU showed that the Commission had only delivered legislative proposals following Parliament requests in a minority of cases8 ; further regrets that the deadlines for the Commission to respond to Parliament requests and to put forward legislative proposals were not adhered to in most casespractically never adhered to; _________________ 8 Study entitled ‘The European Parliament’s right of initiative’, p. 54 (see footnote 7 above).
2021/09/13
Committee: AFCO
Amendment 65 #

2020/2132(INI)

Motion for a resolution
Paragraph 18
18. Strongly believes that when the Treaties are next revised, Parliament, as the only directly elected EU institution, should be granted the right to initiate legislationa genuine and general right to initiate legislation; such right of initiative should at least apply in those policy fields in which Parliament is empowered to enact legislation as co- legislator;
2021/09/13
Committee: AFCO
Amendment 72 #

2020/2132(INI)

Motion for a resolution
Paragraph 19
19. Is deeply convinced that a general and direct right of initiative would further strengthen the democratic legitimacy of the Union and empower Union citizens; believes that it would reflect the evolution over time of the competences of the Union and its institutionstowards a genuine European democracy, and is of the opinion that Parliament, as the only directly elected EU institution, should be granted the right to propose legislation and policy initiatives, as national parliaments may, when the Treaties are next revised;
2021/09/13
Committee: AFCO
Amendment 75 #

2020/2132(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Welcomes in the strongest terms the support from Commission President von der Leyen for a right of initiative for the European Parliament, as expressed during her speech on the eve of her election as President of the Commission;
2021/09/13
Committee: AFCO
Amendment 92 #

2020/2132(INI)

Motion for a resolution
Paragraph 23 a (new)
23 a. Considers that, where equivalent rights of initiative concur, an interinstitutional framework should be set up to enable the coordination of policy initiatives; calls on the three institutions to reflect on how concurrent rights of initiative could effectively co-exist and be implemented in practice;
2021/09/13
Committee: AFCO
Amendment 96 #

2020/2132(INI)

Motion for a resolution
Paragraph 24
24. Commits to continue exploring the full potential offurther strengthen Parliament’s indirect right of initiative as provided for in the Treaties and further developed in interinstitutional agreements and through the commitment of President von der Leyen; calls on the Commission and the Council to jointly evaluate the functioning of the 2010 Framework Agreement and to engage in discussions on a revision to ensure its provisions and timeframes can be effectively upheld;
2021/09/13
Committee: AFCO
Amendment 98 #

2020/2132(INI)

Motion for a resolution
Paragraph 25
25. Considers it appropriate to review its internal rules, procedures and requirements, also with regard to the drafting of legislative initiative reports under Article 225 of the TFEU to ensure that proposals are focused and well- substantiated; points, in this regard, to the need to address requests to the Commission alone and to ensure that the content of legislative initiative reports remains within the scope of the subject matter of the authorised report; underlines that the adoption of focused and well- substantiated reports under Article 225 of the TFEU by the Parliament requires that the necessary technical and administrative capacity therefor is ensured;
2021/09/13
Committee: AFCO
Amendment 99 #

2020/2132(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Recognises that legislative own- initiative reports (INL) find their basis in Art. 225 of the Treaty of the Functioning of the European Union, and therefore commits to favour these instruments as the primary means to request the submission of legislative proposals by the Commission;
2021/09/13
Committee: AFCO
Amendment 102 #

2020/2132(INI)

Motion for a resolution
Paragraph 26 a (new)
26 a. Calls for the extension of the 3- month timeframe for the response of the Commission established by Art. 16 of the 2010 Framework Agreement; Considers that a more realistic timeframe might improve the overall credibility of the process, as well as improve the quality of the response by the Commission;
2021/09/13
Committee: AFCO
Amendment 103 #

2020/2132(INI)

Motion for a resolution
Paragraph 27
27. Believes that the Commission, when assessing the subsidiarity, proportionality and better lawmaking principles as part of its follow-up on Parliament requests for legislative proposals under Article 225 of the TFEU, should take due account of the accompanying analyses concerning ‘European added value’ and the ‘cost of non-Europe’ produced by Parliament; points out that under the Interinstitutional Agreement on Better Law-Making, the Commission is already obliged to respond to any issues raised by the co-legislators in relation to such analyses; believes, furthermore, that the Commission should clearly refer to Parliament’slink draft proposals adopted under Article 225 of the TFEU when such proposals are followed by a legislative initiativeto the relevant INL or INI reports, providing a clear “legislative influence footprint”;
2021/09/13
Committee: AFCO
Amendment 104 #

2020/2132(INI)

Motion for a resolution
Paragraph 27 a (new)
27 a. Commits to foster a stronger coordination with the Committee of the Regions and with the Economic and Social Committee by giving due account to their opinions into legislative own- initiative reports. Believes that, given the specific nature of these requests, a revised Framework Agreement should incentivize the Commission to transpose these own- initiative reports into a legislative proposal;
2021/09/13
Committee: AFCO
Amendment 106 #

2020/2132(INI)

Motion for a resolution
Paragraph 28 a (new)
28 a. Believes that, in accordance with Article 15 of Regulation (EU) 2019/788 , in the event that the Commission, within the given deadlines, has failed to publish its intentions, or has set out in a communication that it intends not to take action on a European citizens’ initiative (ECI) which has met the procedural requirements and is in line with the Treaties, in particular the core values of the Union enshrined in Article 2 of the TEU, Parliament could decide to follow up the ECI with a legislative own- initiative report (INL); urges the Commission to commit itself to submitting a legislative proposal following Parliament’s adoption of such an INL; proposes, in this regard, to modify the 2010 Framework Agreement;
2021/09/13
Committee: AFCO
Amendment 112 #

2020/2132(INI)

Motion for a resolution
Paragraph 30 a (new)
30 a. Recalls the importance of citizens’ and civil society participation for the democratic legitimacy of the EU; calls on all EU institutions to involve them in a meaningful way in decision-making at all stages of the policy cycle;
2021/09/13
Committee: AFCO
Amendment 113 #

2020/2132(INI)

Motion for a resolution
Paragraph 30 b (new)
30 b. Recalls that the Conference on the Future of Europe provides the opportunity to assess the EU’s institutional status quo and give new impetus to European democracy; calls on all participants to the Conference to consider a genuine right of initiative for the European Parliament;
2021/09/13
Committee: AFCO
Amendment 219 #

2020/2088(INI)

Motion for a resolution
Paragraph 13
13. Acknowledges that despite the fact that the agreed reform of the Electoral Law has not yet been ratified by some Member States, further improvements are required, such as provisions for remote voting operations in defined or exceptional circumstances, the possibility for temporary replacement of Members due to a period of absence in case of maternity, parental leave or severe illness, as well as on the elections in the joint European constituency;
2020/07/20
Committee: AFCO
Amendment 11 #

2020/2080(INI)

Draft opinion
Paragraph 2
2. Calls on the Council and the Member States to continue reinforcing coherence between all instruments and initiatives within the framework of common security and defence policy (CSDP) in order to achieve the required level of effectiveness in ensuring strategic autonomy, and of ambition in the progressive framing of a common Union defence policy in line with the Treaty on European Union; considers that PESCO needs ambitious projects, in synergy with CARD, national implementation plans (NIPs) and the CDP to deal with present day threats;
2020/07/13
Committee: AFCO
Amendment 15 #

2020/2080(INI)

Draft opinion
Paragraph 2 a (new)
2a. Notes the COVID-19 pandemic has shown the Union does not have enough competence when it comes to health care; believes, that in parallel, when it comes to defence, an EU common defence strategy needs to be established to respond in the case of an attack on the EU’s borders and territories, and considers PESCO a positive step towards this objective;
2020/07/13
Committee: AFCO
Amendment 19 #

2020/2080(INI)

Draft opinion
Paragraph 3
3. Welcomes in this regard the political guidelines of the Commission regarding defence policy, and in particular regarding the need for bold steps towards a genuine European Defence Union, and for an integrated and comprehensive approach to the EU’s security; hopes that the creation of a new Commission Directorate- General for Defence Industry and Space will serve as a catalyst for enhanced coherence in the creation of defence capabilities; acknowledges that the development of military infrastructure is essential for the EU's industrial autonomy;
2020/07/13
Committee: AFCO
Amendment 35 #

2020/2080(INI)

Draft opinion
Paragraph 5
5. Calls on the participating Member States to continue making resources available for PESCO projects, while ensuring real ownership of and commitment to PESCO coordinating and pooling processes, especially since no effective compliance mechanism for PESCO is in place;
2020/07/13
Committee: AFCO
Amendment 45 #

2020/2080(INI)

Draft opinion
Paragraph 7
7. Reiterates that Parliament should play a prominent role in the scrutiny and supervision of the implementation and evaluation of the CSDP; expects in this regard that Parliament will be fully informed and consulted by the Vice- President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy in the context of the current strategic review of the first PESCO phase, which ends in 2020.; recalls that deepening defence cooperation among Member States at EU level should go hand in hand with the strengthening of Parliament’s power of scrutiny;
2020/07/13
Committee: AFCO
Amendment 9 #

2020/2077(INI)

Draft opinion
Paragraph -1 (new)
-1. Welcomes the Circular Economy Action Plan and the intention of the Commission to come up with specific measures to address the need to improve product durability, reusability, upgradability and reparability, as well as to tackle the premature obsolescence of products; stresses the need to empower consumers to better guide their consumption patterns by providing them with clear and reliable information on lifespan, environmental performance and reparability of products; calls on the Commission to support and develop economic tools that give an economic advantage to sustainable choices;
2020/09/10
Committee: IMCO
Amendment 11 #

2020/2077(INI)

Draft opinion
Paragraph -1 a (new)
-1a. Stresses that completing and deepening the Single market is a precondition for the success of Europe’s transition to sustainable and circular economy; calls on the Commission and the Member States to address the existing regulatory and non-regulatory barriers stemming from restrictive and complex national rules, limited administrative capacities, and inadequate transposition and enforcement of EU rules; calls for more flexible and transparent governance of the internal market with more effective peer reviews and improved monitoring and performance tools.
2020/09/10
Committee: IMCO
Amendment 13 #

2020/2077(INI)

Draft opinion
Paragraph 1
1. Considers that placing sustainable products on the internal market should be the norm and; calls for a horizontal Sustainable Product Framework Directive settingthat sets mandatory minimum requirements for durability, interoperability, reparability, upgradability, reusability and recyclability for all products alongside further product- specific requirements; while differentiating between different categories of products and taking into account market and technological developments; stresses the importance of ambitious sectoral EU policies, as well as the proper implementation and effective enforcement of existing rules for a well- functioning sustainable single market;
2020/09/10
Committee: IMCO
Amendment 40 #

2020/2077(INI)

Draft opinion
Paragraph 3
3. Welcomes the Commission’s intention to empower consumers to further engage in sustainable consumption practices; calls for mandatory labelling on product durability and reparability, and the development of a repair score, in addition to minimum information requirements; asks for both the legal guarantee rights and the reversed burden of proof rules to be extended based on the lifespan of products, the introduction of following Commission assessment of the impact of these proposals on the level of prices, the estimation of products' lifespan, the system of commercial guarantees, and independent repair services; calls for measures that will encourage manufacturers to consider the durability and reparability of products from design stage, and assessing the feasibility of introducing direct producer liability, and; calls for legislative measures to ban practices resulting in premature obsolescence;
2020/09/10
Committee: IMCO
Amendment 57 #

2020/2077(INI)

Draft opinion
Paragraph 4
4. Supports the establishment of an EU-wide ‘right to repair’; calls, in this context, for measures to provide unrestricted and free access to repair and maintenance information and to spare parts to all market participants, to define a mandatory minimum period of time for the availability of spare parts and/or updates, a maximum time-limit for their delivery, and for repair to be given priority under the legal guarantee regime; asks the Commission to assess the existing barriers preventing repairs, resales, donations and reuse and to propose measures to address those; calls for a clear definition of reconditioned goods and for the possibility to extend guarantees after a product is repaired; stresses that sellers should always inform consumers of the option of repair as well as the associated right of guarantee; highlights the role of the service sector in increasing accessibility and affordability of repairs and stresses that completing the internal market for services will contribute to the transition to a more sustainable market;
2020/09/10
Committee: IMCO
Amendment 71 #

2020/2077(INI)

Draft opinion
Paragraph 5
5. Stresses that products from outside the EU often do not comply with EU rules on sustainability and safety and that effective enforcement is crucial to making sure that products placed on the market comply with sustainability requirements; calls, therefore, on the Commission and Member States to step up their efforts to ensure compliance of products with mandatory environmental criteria through enhanced market surveillance, including for product sold online; calls for greater EU oversight, through setting harmonised rules on the minimum number of checks and their frequency, and by empowering the Commission to monitor and audit the activities of national authorities, as well as to carry out regular tests and inspections;
2020/09/10
Committee: IMCO
Amendment 77 #

2020/2077(INI)

Draft opinion
Paragraph 5 a (new)
5a. Insists that for this purpose the Commission ensures that custom controls throughout the EU follow the same standards, by means of a direct unified customs control mechanism, in coordination with Member States and in full compliance with the principle of subsidiarity;
2020/09/10
Committee: IMCO
Amendment 82 #

2020/2077(INI)

Draft opinion
Paragraph 6
6. Underlines the importance of clear, transparent and reliable information on product characteristics for consumers, businesses and market surveillance authorities, and; calls for developing a multi- criteria life cycle environmental performance index, which will provide information to consumers on the reparability, durability and recyclability of products, including its packaging; welcomes the Commission’s intention to develop a digital product passport; calls, in this regard, for mandatory information requirements to apply throughout the supply chain, covering not only aspects such as durability and reparability, but also social and environmental conditions;
2020/09/10
Committee: IMCO
Amendment 88 #

2020/2077(INI)

Draft opinion
Paragraph 6 a (new)
6a. Stresses the importance of online platforms and online marketplaces for promoting sustainable products and services and encouraging sustainable consumption; notes that online platforms could further deliver on their responsibility to provide consumers with reliable information on sustainability of products and services they offer; calls for proactive measures to tackle misleading practices and disinformation regarding products and services offered online, including false ‘environmental claims’;
2020/09/10
Committee: IMCO
Amendment 99 #

2020/2077(INI)

Draft opinion
Paragraph 7
7. Calls for a revision of EU public procurement legislation introducing mandatory minimum targets, throughStresses that ambitious public procurement in terms of sustainability of products and services could support innovative efforts of private sector and sets the right incentives for boosting sustainable production and consumption; calls for uptake of green public procurement by contracting authorities through introducing mandatory sustainability criteria in public offers, defining a certain percentage for procurement based on environmental, and social and ethical criteria, and introducing a hierarchy of award criteria, together with sector-specific targets.criteria, introducing a hierarchy of award criteria, together with sector-specific targets; calls for ensuring effective reciprocity in public procurement with third countries; calls for priority to be given to reused and recycled goods, and low-energy consumption software programmes and to improve the access to public procurement of SMEs and social economy enterprises; stresses the potential benefits of an instrument for screening 'green' tenders to ensure the compatibility of large-scale infrastructure projects with EU's climate commitments and to tackle 'greenwashing', including in the context of public procurement; calls for mandatory reporting obligations for the Commission and the Member States with regard to their sustainable procurement;
2020/09/10
Committee: IMCO
Amendment 110 #

2020/2077(INI)

Draft opinion
Paragraph 7 a (new)
7a. Stresses the importance of mobilising sufficient funding to finance R&D in sustainable products and circular economy business models, that will minimise destruction of products and promote repair and reuse;
2020/09/10
Committee: IMCO
Amendment 3 #

2020/2076(INI)

Draft opinion
Paragraph 1
1. Recognises that the Industrial Strategy, prepared prior to the outbreak and published at an early stage of the pandemic in Europe, will require substantial revision, to reflect the change in fundamentals at European and global level and the new mission of the Von Der Leyen Commission: to return economies across the EU to growth and, to strengthen allthe economies of the Member States, both north and south and east and west, to the benefit of citizens and businesses, and to consider mechanisms that will ensure the resilience and strategic autonomy of the European industries as well as the proper functioning of the Single Market;
2020/06/10
Committee: IMCO
Amendment 12 #

2020/2076(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Underlines that the Commission must act to remedy the disruption of the Single Market that affected the industries across the European Union, due to the measures taken by the Member States in order to protect their citizens; calls on the Commission to consider how to ensure a fully functioning single market even in emergency situations: welcomes in this respect the Solvency Support Instruments presented by the Commission as part of the Next Generation EU Package which aims at addressing market distortions caused by the crisis;
2020/06/10
Committee: IMCO
Amendment 22 #

2020/2076(INI)

Draft opinion
Paragraph 3
3. Considers that, based upon the comprehensive evidence base, the Commission’s new Industrial Strategy should prioritise the economic recovery and citizens' welfare and opportunities,; so as totresses that ensuring the swift return to a fully functioning internal market is a precondition for recovery, and underlines the common commitment to rebuilding the Single Market and delivering benefits for all Member States and theirto the benefit of European businesses and citizens;
2020/06/10
Committee: IMCO
Amendment 27 #

2020/2076(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Considers that the New Industrial Strategy should accelerate the transition to a greener, innovative, inclusive and sovereign Europe, enhance its economic and industrial resilience and give new impulse to the Single market; the strategy should be based on diversification of supply chains through an ambitious and balanced free trade agenda, effective reciprocity for public procurement with third countries, adaptation of competition and state aids rules, strengthened screening of foreign investments in strategic sectors and encouraging the location of investments in Europe; stresses the importance of a coherent approach in supporting European industries, in particular SMEs, and safeguarding employment in Europe for preserving the integrity of the Single market;
2020/06/10
Committee: IMCO
Amendment 33 #

2020/2076(INI)

Draft opinion
Paragraph 3 b (new)
3 b. Considers that the New Industrial Strategy should focus, in line with the Green New Deal, on the creation and development of ecological industries, on those industries that allow and enhance the reduction of carbon dioxide and other toxic gases and on the creation of a Single Market for all new ecological products that can come only from harmonized legislation and common standards at EU level;
2020/06/10
Committee: IMCO
Amendment 34 #

2020/2076(INI)

Draft opinion
Paragraph 3 b (new)
3 b. Welcomes the 14 ecosystems identified by the Commission and the inclusive approach of bringing together all actors from a sector; strongly believes that the Industrial Strategy for Europe, combined with other policies such as competition policy and trade policy, will contribute to European sovereignty and strategic autonomy;
2020/06/10
Committee: IMCO
Amendment 37 #

2020/2076(INI)

Draft opinion
Paragraph 4
4. Stresses that EU industrial competitiveness relies on a fully functioning Single Market in Products and Services; underlines that the Commission must consider how to address barriers to cross- border services as part of any revised set of prioritiesdeepen the Single Market as part of any revised set of priorities and address the existing regulatory and non-regulatory internal market barriers stemming from restrictive and complex national rules, limited administrative capacities and imperfect transposition of EU rules, as well as their inadequate enforcement; stresses the importance of more flexible and transparent governance of the internal market with more effective peer reviews to identify and address barriers and non- compliance, improved monitoring and performance tools such as Internal Market Scoreboard to better reflect market reality, and a strengthened SOLVIT network;
2020/06/10
Committee: IMCO
Amendment 47 #

2020/2076(INI)

Draft opinion
Paragraph 5
5. Underlines the importance of sustainability, which is central to plans to develop European industryStresses that successful digital and green transition as well as European competitiveness on the global stage require an increased level of trust between Member States and strong political ambition in designing and implementing the industrial strategy; underlines the importance of sustainability, which is central to plans to develop European industry; stresses the need to advance the circular economy and encourage sustainable production and consumption by reducing the environmental and resource footprint while providing incentives for innovation; recalls in this regard the European Council conclusions of 12 December 2019, highlighting the need to establish a framework for actions that benefits all Member States;
2020/06/10
Committee: IMCO
Amendment 52 #

2020/2076(INI)

Draft opinion
Paragraph 6
6. RStresses that both the recovery investments and the New industrial strategy for Europe should follow the imperatives of the European Green Deal and the ‘do no harm’ principle; recognises that the public and private sector willmay encounter significant financial constraints in the coming years, impacting their ability to support a programme of investment, particularly with regard to the Green Deal objectives; expresses concern about an unequal pace of development, particularly in less developed parts of the EU, where achieving transformation demands far more significant actions; strongly calls on the Commission in its revised Industrial Strategy to adopt a model with flexibility and support, in order to ensure the priority of the Green Deal objectives and that no one is left behind;
2020/06/10
Committee: IMCO
Amendment 67 #

2020/2076(INI)

Draft opinion
Paragraph 7
7. Highlights the significant role public procurement plays in shaping the trajectory of European industry and calls on the Commission to continue working on the correct implementation of EU public procurement legislation in order to create a well-functioning and harmonised Single Market across sectors;
2020/06/10
Committee: IMCO
Amendment 70 #

2020/2076(INI)

Draft opinion
Paragraph 7
7. Highlights the significant role public procurement plays in shaping the trajectory of European industry; stresses the need to ensure the uptake of green public procurement by introducing mandatory green criteria to encourage governments to buy goods and services with less impact on the environment, as well as mandatory reporting obligations for the Commission and the Member States with regard to sustainable public procurement; stresses the potential benefits of an instrument for filtering “green” tenders to ensure the compatibility of large-scale infrastructure projects with Europe climate commitments and to tackle ‘greenwashing’; calls for ensuring effective reciprocity in public procurement with third countries that will strengthen European autonomy and sovereignty;
2020/06/10
Committee: IMCO
Amendment 79 #

2020/2076(INI)

Draft opinion
Paragraph 8
8. Believes that the rules that govern competition in the EU should be further reflected upon, so as to be adequate for both the European market and the global economic context; in the interim, calls on the Commission to ensure that the temporary frameworks approved for sState aid do not distort competition within the Single Market in the medium to long term; calls on the Commission to set common minimum standards in order to specify requirements for companies receiving financial assistance which are in line with ESG criteria and taxation transparency in order to avoid different national criteria giving rise to further discrepancies;
2020/06/10
Committee: IMCO
Amendment 81 #

2020/2076(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Reiterates the position of the European Parliament on the reform of the EU own resources system, including the introduction of new resources that are better aligned with, and incentivise progress in, major EU policy priorities such as the Green Deal or fair taxation (i.e. a common consolidated corporate tax base, digital services taxation, a financial transaction tax, income from the emissions trading scheme, a plastics contribution and a carbon border adjustment mechanism); underlines that the Recovery Package combined with the Industrial Policy should help achieving this long-standing objective;
2020/06/10
Committee: IMCO
Amendment 84 #

2020/2076(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Calls on the Commission to integrate in the New Industrial Strategy mechanisms that level the costs of the EU’s industrial sustainable production, ensuring the competitiveness of EU industry on the global market;
2020/06/10
Committee: IMCO
Amendment 106 #

2020/2076(INI)

Draft opinion
Paragraph 10 a (new)
10 a. Emphasises that the New Industrial Strategy should support innovation in the automotive and machinery sectors, which will help the industry meet its emissions goals with cleaner combustion and electric vehicles and equipment with longer life-spans and lower carbon footprints; believes that such actions can increase the confidence of the consumer in the quality of the products purchased and made in the Internal Market and strengthen our economy going forward;
2020/06/10
Committee: IMCO
Amendment 14 #

2020/2075(INI)

Draft opinion
Paragraph 3
3. Calls urgently on the Commission and the European Council to closely integrate the European Pillar of Social Rights into the economic governance of the Union;
2021/02/18
Committee: AFCO
Amendment 23 #

2020/2075(INI)

Draft opinion
Paragraph 4
4. Recalls that the Eurogroup and the Euro Summit are informal formations of the Union; notes that this represents a significant impediment to the democratic legitimacy of the Union as a whole and calls for their integration into the treaty framework;
2021/02/18
Committee: AFCO
Amendment 26 #

2020/2075(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Recalls that according to the protocol 14 TFEU, each Member State is destined to adopt the Euro;
2021/02/18
Committee: AFCO
Amendment 27 #

2020/2075(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Stresses the need to reflect on the creation of a body, democratically elected by the European Citizen dedicated to the scrutiny of decisions taken in the framework of the EMU and of the Euro;
2021/02/18
Committee: AFCO
Amendment 29 #

2020/2075(INI)

Draft opinion
Paragraph 4 c (new)
4 c. Recalls that according to the article 121 and 126 TFEU, the European Parliament cannot scrutinize nor amend the recommendations made by the Council inside the framework of the European Semester; Considers urgent a treaty revision in order to increase democratic legitimacy by a Parliament's approval of the recommendations;
2021/02/18
Committee: AFCO
Amendment 44 #

2020/2075(INI)

Draft opinion
Paragraph 6
6. Recalls the importance of pargender equality; regrets that only applications from male candidates have been submitted to Parliament for the latest posts to be filled in the economic bodies of the Union;
2021/02/18
Committee: AFCO
Amendment 1 #

2020/2074(INI)

Motion for a resolution
Citation 1 a (new)
– having regard to Article 349 of the Treaty on the Functioning of the European Union, as interpreted by the Court of Justice in its Mayotte judgment of 15 December 2015 (Joined Cases C- 132/14 to C-136/14), which allows specific derogations to be adopted for the outermost regions of the European Union,
2021/01/13
Committee: REGI
Amendment 8 #

2020/2074(INI)

Motion for a resolution
Citation 17 a (new)
– having regard to the Commission proposal for a regulation of the European Parliament and of the Council of 29 May 2020 establishing the InvestEU programme (COM(2020)0403),
2021/01/13
Committee: REGI
Amendment 11 #

2020/2074(INI)

– having regard to the Commission proposal for a regulation of the European Parliament and of the Council of 28 May 2020 on the public sector loan facility under the Just Transition Mechanism (COM(2020)0453),
2021/01/13
Committee: REGI
Amendment 13 #

2020/2074(INI)

Motion for a resolution
Recital A
A. whereas climate change is a challenge that transcends boundaries and requires immediate and ambitious action at Unioglobal, European, national, regional and local levels to limit global warming to 1.5 °C above pre-industrial levels and prevent biodiversity loss on a massive scale;
2021/01/13
Committee: REGI
Amendment 50 #

2020/2074(INI)

Motion for a resolution
Recital I
I. whereas the transition to a climate- neutral, sustainable and circular economy must involve citizens and all sectors of societyall stakeholders in society, particularly the private sector, social partners and citizens, together with elected officials, including local and regional authorities, and must be backed by robust and inclusive social measures to ensure a fair transition that supports job retention and creation, particularly green and blue jobs;
2021/01/13
Committee: REGI
Amendment 58 #

2020/2074(INI)

Motion for a resolution
Recital J
J. whereas energy sources derived from fossil fuels undermine efforts to achieve climate neutrality; whereas, in this regard, Cohesion Policy should guarantee the principle of ‘energy efficiency first’, which aims to improve the efficiency of energy supply and demand, and which should be applied and observed in all energy-related investments made under Cohesion Policy;
2021/01/13
Committee: REGI
Amendment 63 #

2020/2074(INI)

Motion for a resolution
Recital K
K. whereas regional environment strategies should serve the pursuit of full employment and social progressbalance ecology and economy while supporting the pursuit of full employment and progress in order to better tackle the effects of climate change and fight the loss of biodiversity;
2021/01/13
Committee: REGI
Amendment 81 #

2020/2074(INI)

Motion for a resolution
Paragraph 1
1. Underlines the importance of tackling climate change in line with the Union’s commitments undertaken under the European Green Deal to implementing the Paris Agreement and the SDGs, taking into consideration social and, economic and territorial aspects to ensure a fairjust transition for all territories and their citizens;
2021/01/13
Committee: REGI
Amendment 91 #

2020/2074(INI)

Motion for a resolution
Paragraph 3
3. Emphasises the need for local and regional authorities to make a clear political commitment to achieving the climate targets; and translating them into local actions that respect the constraints and emphasise the assets of each territory;
2021/01/13
Committee: REGI
Amendment 98 #

2020/2074(INI)

Motion for a resolution
Paragraph 4
4. Highlights the crucial role for Cohesion Policy, as with other policies, particularly environmental, agricultural, fisheries or cultural policies, in fighting climate change and achieving climate neutrality by 2050 at the latest and the intermediate target by 2030, as well as the role of local and regional authorities in mitigating and adapting to climate change, in particular through a far-reaching reform of investment policies;
2021/01/13
Committee: REGI
Amendment 105 #

2020/2074(INI)

Motion for a resolution
Paragraph 5
5. Recalls that climate policies should serve the pursuit of full employment, including green and blue jobs, and training that can contribute to fair social progress;
2021/01/13
Committee: REGI
Amendment 109 #

2020/2074(INI)

Motion for a resolution
Paragraph 6
6. UnderlinWelcomes the European Council’s position that EU expenditure should be consistent with the objectives of the Paris Agreement and the ‘do no harm’ principle of the European Green Deal; supports, too, the fact that the Regulation laying down common provisions enshrines the ‘do no harm’ principle in all Structural Funds;
2021/01/13
Committee: REGI
Amendment 117 #

2020/2074(INI)

Motion for a resolution
Paragraph 7
7. Stresses that sustainability and the transition to an economy that is safe, climate neutral, climate resilient, more resource efficient and circular, circular and socially balanced are crucial to ensuring the long- term competitiveness of the Union economy;
2021/01/13
Committee: REGI
Amendment 131 #

2020/2074(INI)

Motion for a resolution
Paragraph 9
9. Believes that Cohesion Policy should focus oncontribute to the implementation of the ParisSustainable Development Goals (SDGs), the Paris Climate Agreement and, the fight againstConvention on Biological Diversity and the European Green Deal in order to tackle climate change, particularly through an effective methodology for monitoring climate spending and its performance, including its negative effects for EU regions; calls for this methodology to be used in all programmes under the multiannual financial framework and the European Recovery Plan, particularly for basic infrastructure in key economic sectors such as energy production and distribution, transport, water and waste management, and public buildings;
2021/01/13
Committee: REGI
Amendment 142 #

2020/2074(INI)

Motion for a resolution
Paragraph 10
10. Underlines the key role of local and regional authorities in achieving a fair transition to a climate-neutral economy for all, with social and, economic and territorial cohesion at its core;
2021/01/13
Committee: REGI
Amendment 149 #

2020/2074(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission to monitor the progress of national governments and local and regional authorities in addressing climate change at all levels; stresses the need to enhance the effectiveness and complementarity of ESI Funds as well as other EU programmes and instruments, such as the EAFRD, the EMFF, LIFE, Horizon Europe or Creative Europe, in tackling climate change;
2021/01/13
Committee: REGI
Amendment 162 #

2020/2074(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the proposal to top upagreement reached in trilogue on the Just Transition Fund; regrets the fact, however, that the top-up amount proposed by the Commission has been cut under the Council agreement on Next Generation EU; underlines that these cuts would jeopardise the fund’s core objectivecalls on the Member States to programme the funds as quickly as possible and calls on the Member States concerned to give special consideration to the outermost regions in the distribution of funds;
2021/01/13
Committee: REGI
Amendment 169 #

2020/2074(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Points out that, under Article 349 of the TFEU, the outermost regions benefit from special rules allowing the adoption of tailor-made measures that take account of their specificities; calls for the necessary financial resources to be allocated to those regions so that they can achieve a green transition that balances economy and ecology, and can adapt to the effects of climate change from which they particularly suffer due to their vulnerability;
2021/01/13
Committee: REGI
Amendment 171 #

2020/2074(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Calls, too, for the creation of an observatory focusing on sustainable development and ecological transition in the outermost regions in order to identify best practices and develop sustainable solutions to tackle climate change, which could be adopted and adapted in other EU regions;
2021/01/13
Committee: REGI
Amendment 181 #

2020/2074(INI)

Motion for a resolution
Paragraph 15
15. Highlights the need to capitalise on the outcome of initiatives such as New Energy Solutions Optimised for Islands (NESOI) and Clean Energy for EU Islands (CE4EUI), which also includes islands that have the status of Overseas Countries and Territories (OCTs) forming part of the European family, to ensure a functional transition between the 2014- 2020 and 2021-2027 programming periods; welcomes the Memorandum of Split, which recognises the leading role for island communities in the energy transition;
2021/01/13
Committee: REGI
Amendment 208 #

2020/2074(INI)

Motion for a resolution
Paragraph 18
18. Calls for the updated Circular Economy Action Plan to continue to support the transition towards a circular economy, to tackle issues linked to geared towards re-use and repair in order to promote resource efficiency and to drive sustainable consumption by providing consumers with information on the durability and reparability of products through mandatory labelling;
2021/01/13
Committee: REGI
Amendment 213 #

2020/2074(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls for local circular economy plans to be developed and for public contracts awarded by local and regional authorities to be green and ambitious in terms of durability of goods and services, which will increase the industrial resilience and strategic autonomy of the European Union;
2021/01/13
Committee: REGI
Amendment 218 #

2020/2074(INI)

Motion for a resolution
Paragraph 19
19. Calls for a greater role for Cohesion Policy in supporting risk prevention efforts to adapt to the present and future impacts of climate change at regional and local levels, with a particular focus on the outermost regions given that they are significantly affected by climate change and are exposed to natural disasters such as cyclones, volcanic eruptions and drought, as well as flooding and rising water levels;
2021/01/13
Committee: REGI
Amendment 40 #

2020/2072(INL)

Draft opinion
Paragraph 4
4. Insists that the Annual Monitoring Cycle should be governed, at all its stages, by the principles of transparency, impartiality, and equality between Member States, be based on objective evidence, protected from any malicious disinformation strategy and lead to effective and realistic measures;
2020/07/20
Committee: AFCO
Amendment 55 #

2020/2072(INL)

Draft opinion
Paragraph 5 – subparagraph 1 (new)
Stresses that the Council of Europe plays a crucial role in monitoring the respect of fundamental rights and the rule of law in Europe. Insists therefore that consultations with the Council and foremost the Venice Commission should take place on a regular basis and that their assessment should inform the evaluations and recommendations of the new joint monitoring mechanism.
2020/07/20
Committee: AFCO
Amendment 91 #

2020/2072(INL)

Draft opinion
Paragraph 11
11. Highlights that the Conference on the Future of Europe provides a momentum for better understanding the need to protect Union values in this context; therefore, in the event of Treaty changes being made and address the crisis of the Union founding values in this context; proposes to enhance the effectiveness of the Article 7 by ensuring the future, the effectiveness of the Article 7 procedure should be enhancedpresence of the Parliament in Article 7 hearings, and in the event of Treaty changes being made in the future, by removing the requirement for unanimity and reinforcing the sanction mechanism;
2020/07/20
Committee: AFCO
Amendment 4 #

2020/2040(INI)

Motion for a resolution
Citation 19 a (new)
- having regard to its resolution of 15 November 2018 on care services in the EU for improved gender equality1a, _________________ 1a OJ C 363, 28.10.2020, p. 80.
2020/12/14
Committee: REGI
Amendment 8 #

2020/2040(INI)

Motion for a resolution
Citation 25 a (new)
- having regard to the European Parliament resolution of 28 November 2019 on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence2a, _________________ 2a Texts adopted, P9_TA(2019)0080.
2020/12/14
Committee: REGI
Amendment 13 #

2020/2040(INI)

Motion for a resolution
Recital A
A. whereas the principle of equality between women and men is a core value of the EU, enshrined in the Treaties and the Charter of Fundamental Rights of the European Union; whereas gender mainstreaming should therefore be implemented and integrated as a horizontal principle in all EU activities and policies measures and actions, including Cohesion Policy; whereas Article 7 of the Common Provisions Regulation (EU) No 1303/2013 for 2014-2020 establishes that equality between men and women and the integration of gender perspective shall be taken into account and promoted throughout the preparation and implementation of programmes, including in relation to monitoring, reporting and evaluation;
2020/12/14
Committee: REGI
Amendment 21 #

2020/2040(INI)

Motion for a resolution
Recital A a (new)
A a. whereas Cohesion Policy addresses disparities between various regions and the backwardness of the least favoured regions with a view to achieving economic, social and territorial cohesion, of which the achievement of gender equality is an essential part;
2020/12/14
Committee: REGI
Amendment 26 #

2020/2040(INI)

Motion for a resolution
Recital B
B. whereas cohesion policy is asnot only vital to economic growth and social cohesion but is also an important policy tool to support gender equality;
2020/12/14
Committee: REGI
Amendment 33 #

2020/2040(INI)

Motion for a resolution
Recital C
C. whereas promoting gender equality is importantkey to reduceing regional economic and social disparities and for ensuringes the long-term sustainable development of regions;
2020/12/14
Committee: REGI
Amendment 47 #

2020/2040(INI)

Motion for a resolution
Recital E
E. whereas gender-disaggregated data and the adoption of appropriate selection procedures are considered usefuessential for promoting gender equality;
2020/12/14
Committee: REGI
Amendment 52 #

2020/2040(INI)

Motion for a resolution
Recital F a (new)
F a. whereas the participation of women is still limited in all stages of the cohesion policy cycle, especially in the development of Operational Programmes, decision-making processes and integration of gender equality in the implementation of the selected projects;
2020/12/14
Committee: REGI
Amendment 54 #

2020/2040(INI)

G. whereas preliminary studies suggest that the COVID-19 pandemic has exacerbated existing inequalities, bythe full economic, employment and social consequences of the pandemic are still unknown; whereas preliminary studies suggest that the COVID-19 pandemic has exacerbated existing inequalities between men and women, including an increase in unpaid care work and an increase in gender- based violence, whereas the public health crisis has a disproportionately impacting women and marginalised groups on women and girls and in particular women and girls from marginalised groups, which Cohesion Policy should take into account;
2020/12/14
Committee: REGI
Amendment 63 #

2020/2040(INI)

Motion for a resolution
Recital H a (new)
H a. whereas small and medium- sized enterprises are the backbone of regional economies, whereas the promotion of equality, work-life balance, inclusive hiring and equal pay will enable gender equality in SMEs;
2020/12/14
Committee: REGI
Amendment 91 #

2020/2040(INI)

Motion for a resolution
Paragraph 6
6. Emphasises the importance of a coordinated governance framework on gender equality, national guidelines and technical support, and for gender impact monitoring, available in the official EU languages, as well as stronger scrutiny at EU level after the adoption of operational programmes;
2020/12/14
Committee: REGI
Amendment 107 #

2020/2040(INI)

Motion for a resolution
Paragraph 9
9. EncouragesCalls on the Member States to coordinate closely with local and regional authorities and civil society partners, in particular in the framework of the partnership agreement and when drafting the partnership principle, to take into account challenges related to effective equality policies at local and regional level;
2020/12/14
Committee: REGI
Amendment 114 #

2020/2040(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Highlights that the gender equality dimension could be supported by promoting female entrepreneurship and management, and reducing gender gaps in company decision-making positions, urges the Council to reach an agreement on the Directive on gender balance among non-executive directors of companies listed on stock exchanges (Women on boards Directive), as it is a very important tool for achieving a greater gender balance in economic decision-making at the highest level;
2020/12/14
Committee: REGI
Amendment 122 #

2020/2040(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Calls on the Council to urgently conclude the EU ratification of the Convention on preventing and combating violence against women, asks the Commission to submit a legal act tackling all forms of gender-based violence and take the necessary steps to have violence against women included in the catalogue of EU-recognised crimes;
2020/12/14
Committee: REGI
Amendment 129 #

2020/2040(INI)

Motion for a resolution
Paragraph 12
12. Recognises the burden placed on women as principal caregivers in formal and informal settings, as well as its social value, especially during the COVID-19 crisis; whereas 80% of all care provided across the EU is provided by (unpaid) informal carers, 75% of whom are women; therefore points out the crucial role of cohesion policy in securing investments in care services, to improve working conditions in this sector and to support a transition towards a care economy;
2020/12/14
Committee: REGI
Amendment 131 #

2020/2040(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Points at the relevant role of Cohesion Funds in securing investment in care services; requests the Commission to propose a Care Deal for Europe aimed at supporting a transition towards a care economy in which Cohesion Policy should play a fundamental role;
2020/12/14
Committee: REGI
Amendment 132 #

2020/2040(INI)

Motion for a resolution
Paragraph 12 b (new)
12 b. Emphasises the fact that countless women are facing the challenges of the Covid-19 pandemic, including lockdowns, in order to contain the coronavirus which has led to spikes in domestic violence reports; calls on the Commission and Member States to allocate cohesion policy funding for creating plans to address the global increase of gender-based violence that can be triggered by natural disasters and pandemics; notes that in many EU countries, the pandemic exposed severe weaknesses in support systems for victims of gender-based violence; there is great regional, national and local disparity in the quantity of funding and quality of services provided for women and children suffering from gender-based violence which includes physical, sexual, psychological and economic violence as well; cohesion policy should aim at dismantling such inequalities in accessing services that guarantee the basic human rights of women and children suffering from gender-based violence;
2020/12/14
Committee: REGI
Amendment 133 #

2020/2040(INI)

Motion for a resolution
Paragraph 12 c (new)
12 c. Underlines that among the many inequalities exposed by the COVID-19 pandemic, the digital divide is a serious one, affecting in particular less developed regions, women, elderly people and people living in the Outermost regions and rural, remote and depopulated areas; greater investment is needed in digitalisation, digital innovation and digital connectivity, which will enable a fair and equal transition towards a more digital economy and a digital online education system, accessible to all citizens, especially the most vulnerable in society;
2020/12/14
Committee: REGI
Amendment 134 #

2020/2040(INI)

Motion for a resolution
Paragraph 13
13. SRecognizes that innovation is a key element to boost growth and jobs in Europe and tailor-made strategies can enable each region to identify and develop its own competitive advantages; stresses that cohesion policy needs to support equal access to training for women in order to bridge the digital gender gap and to support the green and digital transitions;
2020/12/14
Committee: REGI
Amendment 152 #

2020/2040(INI)

Motion for a resolution
Paragraph 16
16. Calls for compulsory requirements on gender equality objectives to be introduced in all post-2020 operational programmes, with specific and interdisciplinary measures to be translated into all operations; furthermore, equality between men and women, gender mainstreaming and the integration of gender perspective should be taken into account and promoted throughout the implementation of operational programmes;
2020/12/14
Committee: REGI
Amendment 159 #

2020/2040(INI)

Motion for a resolution
Paragraph 17
17. Strongly supports the ex ante requirement of developing a national gender equality strategy to underpin cohesion policy interventions in order to improve its effectiveness and value added in relation to gender equality; calls on the Member States to set up binding national gender equality strategies;
2020/12/14
Committee: REGI
Amendment 167 #

2020/2040(INI)

Motion for a resolution
Paragraph 18
18. Stresses the importance of partnerships with gender equality bodies and their involvement in all programme phases;, in order to guarantee a better alignment between the implemented actions and the needs of women by consolidating institutional framework and strengthening the gender equality coordination and support bodies in all the policy domains; therefore believes that all bodies created in the area of cCohesion pPolicy should be gender balanced;
2020/12/14
Committee: REGI
Amendment 170 #

2020/2040(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Calls for the integration of a strong partnership principle in operational programmes under cohesion policy which will allow recipients, such as regions, cities and people shaping investment to meet their local needs, while ensuring that the importance of gender equality is promoted and addressed in all operational programmes;
2020/12/14
Committee: REGI
Amendment 171 #

2020/2040(INI)

Motion for a resolution
Paragraph 18 b (new)
18 b. Believes that cohesion policy should contribute to the widely existing urban inequalities by better integrating women in policy planning for regional and urban development to design gender- inclusive cities and communities that work for all; underlines that gender- sensitive urban planning can ensure a fairer and more equal access to urban goods; regions and local governments have a key role to play in the promotion of social inclusion, and gender sensitive territorial planning can contribute to making advancements in this process;
2020/12/14
Committee: REGI
Amendment 172 #

2020/2040(INI)

Motion for a resolution
Paragraph 19
19. Underlines that aCalls for the introduction of a mandatory gender impact assessment ashould be a mandatory part of the Member States’ evaluations on how the funds are spent and whether compliance with gender equality targets is respectedin connection with the promotion of equality between women and men. It should be monitored how the funds are spent and whether the implemented programmes have a human rights, women’s rights- based approach;
2020/12/14
Committee: REGI
Amendment 177 #

2020/2040(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Highlights the widely existing gender data gap in the field of cohesion policy and urban planning and calls on the Member States to introduce data collection methods corresponding to sex- disaggregated data so that differences between genders can be properly analysed;
2020/12/14
Committee: REGI
Amendment 179 #

2020/2040(INI)

Motion for a resolution
Paragraph 19 b (new)
19 b. Calls on the Commission and Member States to ensure that during the mid term review of the post-2020 cohesion policy, that an evaluation on the use of the resources is carried out to assess their effectiveness, efficiency, impact and, where applicable, inclusiveness and non- discrimination, including from a gender perspective;
2020/12/14
Committee: REGI
Amendment 18 #

2020/2039(INI)

Motion for a resolution
Citation 19 a (new)
- having regard to the Territorial Impact Assessment report of the Committee of the Regions on the Demographic Change of 30 January 2020;
2021/02/09
Committee: REGI
Amendment 20 #

2020/2039(INI)

Motion for a resolution
Citation 19 b (new)
- having regard the Opinion of the Committee of the Regions on the "Demographic change: proposals on measuring and tackling its negative effects in the EU regions" of 12-14 October 2020
2021/02/09
Committee: REGI
Amendment 31 #

2020/2039(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas economic migrants contribute more in taxes and social contributions than they receive in individual benefits1a; _________________ 1a https://www.oecd.org/migration/OECD%2 0Migration%20Policy%20Debates%20Nu mero%202.pdf
2021/02/09
Committee: REGI
Amendment 32 #

2020/2039(INI)

Motion for a resolution
Recital C
C. whereas, although the EU population has seen substantial growth in previous decades, the growth rate is now falling and the population is expected to decrease in the longer term; whereas Europe will account for less than 4 % of the world’s population by 2070, and long- term demographic trends in European regions indicate lower birth rates and ageing societies; except in some outermost regions and particularly in Mayotte, where a population increase of 38% is forecast by 2050 compared to 2010 levels, alongside a corresponding increase of 26% for French Guiana1 a. _________________ 1aSources: INSEE (French National Institute of Statistics and Economic Studies), United Nations
2021/02/09
Committee: REGI
Amendment 39 #

2020/2039(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas there is a high correlation between social services, physical and ICT connectivity and labour opportunities, and the ability to retain and attract population to certain areas;
2021/02/09
Committee: REGI
Amendment 40 #

2020/2039(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas78% of European population lives in urban areas or functional urban areas, causing an uneven distribution of population throughout European regions
2021/02/09
Committee: REGI
Amendment 41 #

2020/2039(INI)

Motion for a resolution
Recital D
D. whereas the health and economic crisis generated by the COVID-19 pandemic made clear that solidarity between generations is one of the driving forces of the recovery process; whereas the COVID-19 pandemic has unveiled the fragility our healthcare systems, especially in connection with an aging population
2021/02/09
Committee: REGI
Amendment 45 #

2020/2039(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the full economic, employment and social consequences of the pandemic are still unknown; whereas preliminary studies suggest that the COVID-19 pandemic has exacerbated existing inequalities between men and women, including an increase in unpaid care work, whereas the public health crisis has a disproportionate impact on women and girls and in particular women and girls from marginalised groups, which Cohesion Policy should take into account;
2021/02/09
Committee: REGI
Amendment 60 #

2020/2039(INI)

Motion for a resolution
Paragraph 1
1. Underlines that the "4 free movement of labourdoms" represents a the cornerstone of EU competitiveness; notes, nevertheless, that it a and values; points out, nevertheless, that further attention should be paid to its effects on demographics, which has major trends, and its implications for EU regions and their economic, social and territorial cohesion;
2021/02/09
Committee: REGI
Amendment 62 #

2020/2039(INI)

Motion for a resolution
Paragraph 2
2. Observes in this context significant demographic contrasts at both Union and Member State level between core, metropolitan regions and periphery, often rural areas and areas facing natural or other specific constraints (ANC) ;
2021/02/09
Committee: REGI
Amendment 63 #

2020/2039(INI)

Motion for a resolution
Paragraph 2
2. Observes in this context significant demographic contrasts at both Union and Member State level between core, metropolitan regions and periphery, often rural areas and also in the outermost regions;
2021/02/09
Committee: REGI
Amendment 67 #

2020/2039(INI)

Motion for a resolution
Paragraph 3
3. Observes that GDP per capita, income level, employment rate, fertility rate, socio economic factors, rural and urban divide, and population ageing are among the most important factors with a direct impact on demographics; notes that the current employment dynamics in particular are generating demographic flows within European regions leading to socio-spatial disparities and challenges that post-2020 cohesion policy will need to address; underlines that migration patterns from eastern, southeastern and central regions to northern and northwestern regions mostly involve young, educated and skilled workers;
2021/02/09
Committee: REGI
Amendment 71 #

2020/2039(INI)

Motion for a resolution
Paragraph 4
4. Points out that Europe is manifestly experiencing population ageing, affecting the dependency ratio and having negative effects on workforce growth, which is far behind the previous decade; warns of a visible decline of the labour force in eastern, southern and central European regions; regrets the COVID-19 pandemic has had a negative impact on the average life expectancy in Europe
2021/02/09
Committee: REGI
Amendment 76 #

2020/2039(INI)

Motion for a resolution
Paragraph 5
5. Points to the ongoing COVID-19 health crisis and the possible medium- and long-term implications for labour market dynamicsocio-economic implications; underlines that self-isolation and social distancing measures, despite its positive impact in descending infection rates, have had visible effects on production, demand and trade, reducing economic activity and leading to higher levels of unemployment, a sharp decline in corporate incomes, and higher public deficits; Highlights however, that the new teleworking trend may prove a useful help reverse depopulation trends in rural areas; Considers the Resilience and Recovery Mechanism as an opportunity to address demographic challenges and urges Member States to put forward holistic and integrated solutions in their National Recovery Plans.
2021/02/09
Committee: REGI
Amendment 77 #

2020/2039(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Recognises the burden placed on women as principal caregivers in formal and informal settings, as well as its social value, especially during the COVID-19 crisis; whereas 80% of all care provided across the EU is provided by (unpaid) informal carers, 75% of whom are women; therefore points out the crucial role of cohesion policy in securing investments in care services, to improve working conditions in this sector and to support a transition towards a care economy;
2021/02/09
Committee: REGI
Amendment 80 #

2020/2039(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Underlines that the ongoing COVID-19 crisis has exposed strong disparities in the quality and access to healthcare services; Notes that the combination of ageing population and limited healthcare infrastructure in rural areas facing demographic decline and low population density further exposes their population to health risks.
2021/02/09
Committee: REGI
Amendment 83 #

2020/2039(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Underlines that among the many inequalities exposed by the COVID-19 pandemic, the digital divide is a serious one, affecting in particular less developed regions, women, elderly people and people living in the Outermost regions and rural, remote and depopulated areas. Greater investment is needed in digitalisation, digital innovation and digital connectivity, which will enable a fair and equal transition towards a more digital economy and a digital online education system, accessible to all citizens, especially the most vulnerable in society;
2021/02/09
Committee: REGI
Amendment 89 #

2020/2039(INI)

Motion for a resolution
Paragraph 6
6. Notes that in general rural, post- industrial and remote areas are facing a number of specific situations: a considerable decline in population numbers, lower than national or EU average levels of income and difficulties of territorial integration with other regions, making them more exposed to the risk of depopulation; , which also leads to difficulties in accessing public services, such as housing, education, healthcare including access to vital drugs; points out that rural regions currently account for 28 % of Europe’s population but this is predicted to fall significantly in the future;
2021/02/09
Committee: REGI
Amendment 94 #

2020/2039(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Points out that demographic challenges such as ageing population, low population density and negative migration patterns can have a direct impact on the rise of radical political movements and Euroscepticism. Considers that a strong cohesion policy can be a useful tool to combat the rise of these movements and believes that the Conference on the Future of Europe should address the consequences that demographic challenges will entail in Europe´s position in the world and in the social and economic sustainability.
2021/02/09
Committee: REGI
Amendment 95 #

2020/2039(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Highlights that EU initiatives directed to rural areas such as cohesion and agricultural policies, should be further strengthened through promoting better coordination of policy initiatives that support youth employment, entrepreneurship, digitalisation and support for young and new farmers;
2021/02/09
Committee: REGI
Amendment 99 #

2020/2039(INI)

Motion for a resolution
Paragraph 7
7. Draws attention to some of the drivers of demographic change, forcing inhabitants from the abovementioned areas to leave and discouraging others from moving there: poor infrastructure, including a lack of fast broadband internet and missing transport networks, fewer job opportunities, high level of youth unemployment, lack of public services and difficult access to health services, fewer education opportunities, making it more difficult to adapt to technological change, and a lack of cultural venues and leisure activities;
2021/02/09
Committee: REGI
Amendment 115 #

2020/2039(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Highlights that reducing the disparities between regions, especially in rural areas, requires the further social and economic integration of women; encourages the Commission and Member States to create specific strategies to promote the empowerment of woman in rural areas through lifelong education policies, access to financial instruments to support entrepreneurial projects, and address infrastructural deficiencies, including in relation to the provision of different types of care. Encourages the collection of gender-disaggregated data in order to identify and address any gender existing inequalities
2021/02/09
Committee: REGI
Amendment 138 #

2020/2039(INI)

Motion for a resolution
Paragraph 16
16. Stresses that local and regional authorities should play a decisive role in developing territorial strategies, taking into consideration the development needs and the potential of the areas concerned, including the economic, social and demographic trends; points out that community-led local development strategies are a useful tool that can be used to create jobsterritorial approach to EU instruments, such as sustainable urban development, community-led local development strategies or Integrated Territorial Investments (ITIs) could be useful tool that can be used to maintain and create jobs, strengthen the attractiveness of the region, and increase accessibility to services at local level;
2021/02/09
Committee: REGI
Amendment 139 #

2020/2039(INI)

Motion for a resolution
Paragraph 16
16. Stresses that local and regional authorities, professional associations and NGOs are essential to identify and assess specific investment needs in rural and urban areas and therefore they should play a decisive role in developing territorial strategies, taking into consideration the development needs and the potential of the areas concerned, including the economic, social and demographic trends; points out that community-led local development strategies are a useful tool that can be usedn essential tool to create jobs and increase accessibility to services at local level;
2021/02/09
Committee: REGI
Amendment 140 #

2020/2039(INI)

Motion for a resolution
Paragraph 16
16. Stresses that local and regional authorities should play a decisive role in developing territorial strategies, taking into consideration the development needs and the potential of the areas concerned, including the economic, social and demographic trends; points out that community-led local development strategies are a useful tool that can be used to create jobs and increase accessibility to services at local level; Recognises the great potential of the circular economy and bioeconomy in revitalising these areas;
2021/02/09
Committee: REGI
Amendment 148 #

2020/2039(INI)

Motion for a resolution
Paragraph 17
17. Considers that the Urban Agenda for the EU, which identifies major priorities and actions for improving the quality of life in urban areas could serve as a model for providing proper instruments promoting growth, integration, cooperation and innovation and tackling social challenges; insists also on developing strategies aimed at enhancing the knowledge economy and smart specialisation in European regions, including through developing knowledge networks and providing support for human capital investments, underlines that cohesion policy should contribute to the widely existing urban inequalities by better integrating women in policy planning for regional and urban development to design gender-inclusive cities and communities that work for all;
2021/02/09
Committee: REGI
Amendment 149 #

2020/2039(INI)

Motion for a resolution
Paragraph 17
17. Considers that the Urban Agenda for the EU, which identifies major priorities and actions for improving the quality of life in urban areas could serve as a model for providing proper instruments promoting growth, integration, cooperation and innovation and tackling social challenges; insists also on developing strategies aimed at enhancing the knowledge economy and smart specialisation in European regions, including through developing knowledge networks and providing support for human capital investments; underlines that cohesion policy should contribute to combat inequalities and to create opportunities for minorities such as the Roma;
2021/02/09
Committee: REGI
Amendment 150 #

2020/2039(INI)

Motion for a resolution
Paragraph 17
17. Considers that the Urban Agenda for the EU, which identifies major priorities and actions for improving the quality of life in urban areas could serve as a model for providhelps shaping proper instruments promoting growth, integration, cooperation and innovation and tackling social challenges; insists also on developing strategies aimed at enhancing the knowledge economy and smart specialisation in European regions, including through developing knowledge networks and providing support for human capital investments;
2021/02/09
Committee: REGI
Amendment 152 #

2020/2039(INI)

Motion for a resolution
Paragraph 18
18. Recalls the need for strategies aimed at reversing labour migration at EU and national level; calls on local and regional authorities to increase their attractiveness and to tackle the brain drain in ‘sending’ regions through prevention, mitigation and appropriate responses; underlines in this context that there are already several initiatives in various Member States, such as incentives for workers with highly specialised skills, aimed at turning the brain drain into a brain gain for the regions in question;
2021/02/09
Committee: REGI
Amendment 160 #

2020/2039(INI)

Motion for a resolution
Paragraph 19
19. Stresses that the COVID-19 health crisis has affected all Member States and regions to different extents, and is likely to lead to new trends as regards demographic flows; recalls in this context that the additional resources provided through REACT-EU in order to ensure a sound and robust recovery of the EU’s economy from the crisis could significantly help to keep people in employment, including through support for small and medium-size enterprises and for short-time work schemes and the self-employed; Recalls in this regard that the pandemic has highlighted the importance of digitalisation all across the economy to alleviate the consequences of the social distancing and freedom of movement restrictions.
2021/02/09
Committee: REGI
Amendment 167 #

2020/2039(INI)

Motion for a resolution
Paragraph 20
20. Urges Member States and regional authorities to implement an integrated approach through Cohesion Policy Instruments to address demographic challenges and encourages the promotion of smart villages as a tool to attract and retain population; Recalls that the Recovery and Resilience Facility will provide large-scale financial support to make Member States’ economies more resilient and better prepared for the future, and insists that Member States should propose measures for addressing demographic change; highlights the importance of the instruments for a transition to sustainability such as the Just Transition Fund and its implementation mechanism, which aim to support the communities affected by the energy transition and avoid the risk of depopulation;
2021/02/09
Committee: REGI
Amendment 171 #

2020/2039(INI)

Motion for a resolution
Paragraph 20
20. Recalls that the Recovery and Resilience Facility will provide large-scale financial support to make Member States’ economies more resilient and better prepared for the future, and insists that Member States should propose measures for addressing demographic change; highlights the importance of the instruments for a transition to sustainability such as the Just Transition Fund and its implementation mechanism, which aim to support the communities affected by the energy transition and avoidthrough helping transformation to avoid, among other, the risk of depopulation;
2021/02/09
Committee: REGI
Amendment 175 #

2020/2039(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Welcomes the Commissions intention to accelerate the roll-out of high capacity broadband infrastructure in sparsely populated and rural territories and considers it as an opportunity to improve quality of life, promote job creation, innovation and better accessibility to public services;
2021/02/09
Committee: REGI
Amendment 182 #

2020/2039(INI)

Motion for a resolution
Paragraph 22
22. Calls on the Member States to conduct the programming and implementation process of the 2021-2027 cohesion policy with full respect for the partnership principle; stresses the importance of prioritising regional needs, including as regards demographic and migration aspects and urban challenges; calls on the Commission to put forward a Code of Conduct on partnership setting minimum standards for the involvement of the competent local and regional authorities, professional and relevant civil society organisations, in line with the partnership principle;
2021/02/09
Committee: REGI
Amendment 183 #

2020/2039(INI)

Motion for a resolution
Paragraph 22
22. Strongly supports the development of dedicated incentive schemes to retain population and attract young people to rural and semi-urban areas; Calls on the Member States to conduct the programming and implementation process of the 2021-2027 cohesion policy with full respect for the partnership principle; stresses the importance of prioritising regional needs, including as regards demographic and migration aspects and urban challenges;
2021/02/09
Committee: REGI
Amendment 187 #

2020/2039(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Recalls the European Parliament position on the European Regional Development Fund and Cohesion Fund Regulation stating that one the ERDF CF main objectives shall be to support urban and rural areas with geographical or demographic handicaps; Recalls, in this regard, that particular support should be given to NUTS level 3 areas or clusters of local administrative units with a population density of below 12.5 inhabitants per km2 or with an average annual population decrease of more than 1% between 2007 and 2017, which should be subject to specific regional and national policies to ensure better physical and ICT connectivity, improve the access and the quality of social services, promote entrepreneurship and the creation of high quality job opportunities through cohesion instruments.
2021/02/09
Committee: REGI
Amendment 193 #

2020/2039(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. highlights that dialogue between stakeholders, civil society and authorities, can contribute to an improved absorption of cohesion funds and an increase quality of projects ;
2021/02/09
Committee: REGI
Amendment 197 #

2020/2039(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Member State to include demographic challenges in their national development policies and long- term strategies for sustainable development correlated with the European Semester, thus ensuring proper financing for demographic issues; Calls on the Commission to monitor demographic challenges and establish a link between the European Semester and demographic change with the aim of reversing negative trends through macroeconomic measures;
2021/02/09
Committee: REGI
Amendment 199 #

2020/2039(INI)

Motion for a resolution
Paragraph 23
23. Calls on the European Commission and Member States to include demographic challenges in their European and national development policies and long- term strategies for sustainable development correlated with the European Semester, thus ensuring proper financing for demographic issues;
2021/02/09
Committee: REGI
Amendment 212 #

2020/2039(INI)

Motion for a resolution
Paragraph 24
24. Calls on the regions at risk of depopulation to focus investments on universal accessibility to quality services and infrastructure and job creation; insists on investment in education, reskilling of workers, creating entrepreneurial conditions and supporting SMEs, calls for investment in childcare facilities to foster women's participation in the labour market;
2021/02/09
Committee: REGI
Amendment 218 #

2020/2039(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Underlines the role of young people in the future sustainability of rural communities, recognizes that policy instruments linked to investments and growth are often disconnected to rural areas and have less impact in areas of lower population density; calls for targeted investment in rural entrepreneurship and innovative rural SMEs with a special focus on young people; highlights the importance of promoting the attractiveness of disadvantaged areas, including education and employment opportunities and the facilities and services for young people;
2021/02/09
Committee: REGI
Amendment 221 #

2020/2039(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Stresses that in many rural areas children, with parents living and working abroad, who are often in the care of a family member or living alone, are facing difficulties in accessing basic services; Calls on regional and local authorities to identify the needs of these children, to establish counselling services where appropriate and to facilitate family reunification and access to housing, healthcare and education;
2021/02/09
Committee: REGI
Amendment 222 #

2020/2039(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls for more to be done to support regions facing significant population increases, such as Mayotte and French Guiana, by deploying adequate financial resources to guarantee the continuity of basic services in sufficient quantity and quality, particularly in the sectors of education, health and transport.
2021/02/09
Committee: REGI
Amendment 224 #

2020/2039(INI)

Motion for a resolution
Paragraph 24 b (new)
24b. Recalls that health is a fundamental human right, calls for the strengthening of public services in rural areas such as healthcare facilities to address the very significant inequalities and differences in life expectancy based on place of residence, social status and educational level in some Member States;
2021/02/09
Committee: REGI
Amendment 231 #

2020/2039(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Asks the European Commission Statistic Office and National Statistic Offices to provide data at NUTS 3 and LAU level to better monitor the impact of demographic challenge on the territories; Encourages the promotion of indicators based of territorial coverage rather that population coverage as a means to reduce rural and urban gaps.
2021/02/09
Committee: REGI
Amendment 232 #

2020/2039(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Highlights the role of cities and regions both in depopulated and overpopulated areas, reiterates the need for further funding opportunities directly available for cities and regions to implement programmes locally, calls for increasing the budget and broadening the scope of the European Urban Initiative;
2021/02/09
Committee: REGI
Amendment 237 #

2020/2039(INI)

Motion for a resolution
Paragraph 26
26. Encourages policymakers at regional and national level to invest in the digital and knowledge economy, as well as in providing services and incentives, to maintain high-skilled workers and to develop research centres in the different regions in order to ensure the attractiveness of the depopulated areas to young talents and entrepreneurs;
2021/02/09
Committee: REGI
Amendment 240 #

2020/2039(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Underlines that seasonal workers are important to fill shortages in certain sectors, specially agriculture; Highlights that Several Member States have introduced measures to mitigate the effects of the COVID-19 pandemic which negatively affected seasonal workers; Calls on the Commission and Member States to ensure decent working and living conditions for seasonal workers and recognising their economical and social strategic value;
2021/02/09
Committee: REGI
Amendment 242 #

2020/2039(INI)

Motion for a resolution
Paragraph 27
27. Encourages regions to take capitalize on their competitive advantages as established in the Smart Specialization Strategies; Recommends developing the so- called ‘oasis strategies’ focusing on the most successful, vibrant and growing sectors, by exploiting the local potential for development of the region; calls on the local and regional authorities to focus on attracting young, trained and talented workers, encouraging entrepreneurship, using local, national and EU incentives; underlines the role of the ‘silver economy’ as a policy shift for rural areas, turning the issue of population ageing into an opportunity for the development of rural areas;
2021/02/09
Committee: REGI
Amendment 249 #

2020/2039(INI)

Motion for a resolution
Paragraph 29
29. Calls on the Commission to focus on policy coordination at EU level on issues related to functional cooperation areas at different levels, such as cross- border, macro-regional and rural-urban, to address demographic challenges; Urges Member States to align their national demographic plans with the European Commission report on the impact of the demographic change in Europe and the Long-term vision for rural areas; Considers that the future Conference of the Future of Europe should propose a definition of the areas which suffer from severe and permanent natural or demographic handicaps mentioned in the article 174 (TFEU) in order to ensure a long-term support of the EU key policies from a place-based approach;
2021/02/09
Committee: REGI
Amendment 251 #

2020/2039(INI)

Motion for a resolution
Paragraph 30
30. Insists that investments should be focused on information and communication technology, since this has the potential to reduce the distance between the users and to attract high- skilled workers; stresses the importance of funding the development and uptake of these technologies among companies and schools in rural and isolated regions and regions in industrial transition; stresses the importance of an equal and parallel deployment of these technologies among regions to avoid further deepening the gap of attractiveness and digital divide
2021/02/09
Committee: REGI
Amendment 259 #

2020/2039(INI)

Motion for a resolution
Paragraph 30 a (new)
30a. Calls on the Member States and regions to harness the potential of digitalisation to develop and provide quality care service in a more efficient ways. Recalls that digitalisation and connectivity, as for example by easing health monitoring or teleconsultation, offers opportunities to provide healthcare services in sparsely populated areas or areas facing natural or demographic challenges often lacking basic healthcare infrastructures
2021/02/09
Committee: REGI
Amendment 261 #

2020/2039(INI)

Motion for a resolution
Paragraph 31
31. Calls on the Commission and the Member States to supporAcknowledges that ‘magnet cities’ since they primarily contribute to the building of regional ‘growth poles’; nevertheless, underlines that second-tier cities play a critical role in regional development, and calls onin this respect calls on the Commission and the Member States to put in practice strategies for the harmonised development of these cities;
2021/02/09
Committee: REGI
Amendment 269 #

2020/2039(INI)

Motion for a resolution
Paragraph 33
33. Recommends, where appropriate, the reform of education and training systems in the Member States, combined with policies to prevent a permanent brain drain from the ‘sending’ regions; insists on using local at regional advantages, as well as the development of economic and social facilities, not only to prevent the brain drain, but also to reverse this phenomenon; Encourages regional and local authorities to facilitates access to dual education in order improve the transition from education to employment;
2021/02/09
Committee: REGI
Amendment 275 #

2020/2039(INI)

Motion for a resolution
Paragraph 33 a (new)
33a. Underlines labour mobility should be promoted as an opportunity which encourages sharing of skills and professional experience and which can help reduce skills shortages in these regions;
2021/02/09
Committee: REGI
Amendment 278 #

2020/2039(INI)

Motion for a resolution
Paragraph 34
34. Calls on the Commission to ensure that the initiative on the long-term vision for rural areas includes practical solution and means of support to address demographic changes; invites the Commission, in agreement with the Member States, to propose a ‘new deal’ on demographics in the EU as a multi-level policy approach; the long-term vision for rural areas shall include a gender mainstreaming strategy as well as mandatory impact assessment tools;
2021/02/09
Committee: REGI
Amendment 281 #

2020/2039(INI)

Motion for a resolution
Paragraph 34
34. Calls on the Commission to ensure that the initiative on the long-term vision for rural areas includes practical solution and means of support to address peripheries and demographic changes; invites the Commission, in agreement with the Member States, to propose a ‘new deal’ on demographics in the EU as a multi-level policy approach;
2021/02/09
Committee: REGI
Amendment 14 #

2020/2028(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission’s CPR evaluation and ongoing review, which seek to remove remaining barriers in the internal market for construction products, while taking into account technological developments and innovation;
2020/10/12
Committee: IMCO
Amendment 15 #

2020/2028(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Stresses the importance of avoiding duplications and ensuring coherence of the reviewed CPR with existing legislation and future legislative initiatives, such as sustainable product policy initiative;
2020/10/12
Committee: IMCO
Amendment 35 #

2020/2028(INI)

Motion for a resolution
Paragraph 8
8. Points to the fact that standardisation issues need to be addressed in all steps of the preparation process; calls forproblems faced in the development of harmonised technical specifications need to be addressed in all steps of the preparation process; calls on the Commission to closely consult all relevant stakeholders in this preparatory phase and stresses the importance of transparency and openness ofrom all parties involved; highlights the need to ensure the high quality of the mandate in order to find workable solutions; highlights the need of full involvement of Member States to ensure the high quality of the harmonised technical specifications issued by the Commission and the necessity to provide clear guidelines for the standardisation bodies; suggests establishing clearly defined timeframes for the Commission to assess the prepared standards and clear deadlines for all parties to ensure further revision if a mstandardisation requeste or the CPR is found not to have been adhered to; considers it important to define the scope of the standardharmonised technical specifications more precisely so that manufacturers can have clear guidance when declaring that their products fall within the scope;
2020/10/12
Committee: IMCO
Amendment 51 #

2020/2028(INI)

Motion for a resolution
Paragraph 13
13. Is concerned by the fact that since the CE marking under the CPR only refers to product performance and not conformity with specific product requirements, such a difference in approach from other NLF legislation could create confusion as regards the CE marking and diminish its value; points, in this regard, to the overlaps in the information required by the CE marking and the Declaration of Performance (DoP); believes that this duplication creates additional unnecessary administrative burdens and costs for businesses and should be addressed, including by enhanced use of digital solutions;
2020/10/12
Committee: IMCO
Amendment 53 #

2020/2028(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls on the Commission to consider and assess the possibility of including additional information requirements on product characteristics with regard to safety and environmental aspects following assessment of regulatory needs per product categories;
2020/10/12
Committee: IMCO
Amendment 58 #

2020/2028(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to consider and assess the possibility ofto gradually enhance the CPR by including in the CPRtherein minimum product requirements aimed at ensuring health and safety and protecting the environment and other public interests, thereby following; calls furthermore on the Commission to evaluate whether this application of the approach of NLF legislation, which hasill proven to be effective also in the CPR;
2020/10/12
Committee: IMCO
Amendment 61 #

2020/2028(INI)

Motion for a resolution
Paragraph 15
15. ENotes the lack of digitalisation of the construction sector and emphasises the importance of fully harnessing digital technologies, which could allow for clear, transparent and reliable information to be provided to economic operators and end- users, address the overlap in information requirements and enable market surveillance authorities to carry out their activities more effectively; calls on the Commission to evaluate the use ofbenefits of using such technologies;
2020/10/12
Committee: IMCO
Amendment 67 #

2020/2028(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Stresses the need for increased awareness of economic operators, and in particular SMEs and micro-enterprises with regard to CE marking and the DoP, including through Single Digital Gateway;
2020/10/12
Committee: IMCO
Amendment 70 #

2020/2028(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Member States to fully implement Regulation (EU) 2019/1020, which aims to strengthen the market surveillance of products covered by Union harmonisation legislation, including the CPR; stresses the need for harmonised and homogeneous enforcement of new rules by the national market surveillance authorities and enhanced cross-border cooperation in this respect in order to ensure level playing field in the construction sector;
2020/10/12
Committee: IMCO
Amendment 74 #

2020/2028(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Commission to swiftly adopt implementing acts under Regulation (EU) 2019/1020 in order to determinefurther align the performance of market surveillance authorities by determining the uniform conditions of checks, criteria for the determination of the frequency of checks and the amount of samples to be checked in relation to certain products or categories of products, and toby laying down benchmarks and techniques for checks on harmonised products, including construction products;
2020/10/12
Committee: IMCO
Amendment 81 #

2020/2028(INI)

Motion for a resolution
Paragraph 21
21. Points to the increase in online sales in the construction sector; highlights the need to ensure the effective market surveillance of construction products sold online, especially those purchased from non-EU economic operators in order to ensure high level of safety of products circulating in the single market irrespective of their origin; notes the responsibilities of online platforms in this respect;
2020/10/12
Committee: IMCO
Amendment 87 #

2020/2028(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Stresses the need to enhance the exchange of information on potentially dangerous substances and to strengthen the cooperation with the European Chemicals Agency databases according to the current legislation;
2020/10/12
Committee: IMCO
Amendment 88 #

2020/2028(INI)

Motion for a resolution
Paragraph 21 b (new)
21a. Calls on the Commission to continue effectively monitor and address unjustified barriers in the internal market, stemming from national regulatory measures contrary to the CPR; stresses the need for enhanced dialogue and cooperation between the Commission and the Member States in order to tackle practices, such as the continuous use of national marks and certification, that impede the free movement of construction products in the internal market;
2020/10/12
Committee: IMCO
Amendment 93 #

2020/2028(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Stresses that the CPR could enhance the transparency of market in construction products by facilitating the comparability of construction products based on their safety and environmental performance; calls on the Commission, therefore, to evaluate the relevance of harmonised methodology for assessing and communicating on safety and environmental performance of construction products, and the applicability of Life Cycle Assessment and Product Environmental Footprint methods in this respect;
2020/10/12
Committee: IMCO
Amendment 97 #

2020/2028(INI)

Motion for a resolution
Paragraph 24
24. Calls on the Commission to explore the relevance of incorporating certain requirements such as sustainability criteria into the harmonised standards under the CPR, so as to provide manufacturers with one single framework for the assessment and testing of products across their life cycle; stresses the importance of a proper assessment of the product categories to which such requirements would be relevant; highlights that such incorporation should not lead to an increase in the prices of construction products;
2020/10/12
Committee: IMCO
Amendment 99 #

2020/2028(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls on the Commission to assess the relevance of measures, such as allowing for CE marking and placing on the market of certain used or remanufactured construction products in terms of both safety and sustainability; stresses that ensuring for both circularity and safety of construction products will require trans-generation availability of data in order to provide economic operators with reliable information on the previous use of construction products; calls on the Commission to consider, within the revision of the CPR, the relevance of developing a system of environmental performance information on products for the benefit of economic operators and final consumers;
2020/10/12
Committee: IMCO
Amendment 101 #

2020/2028(INI)

Motion for a resolution
Paragraph 25
25. Highlights the need to ensure the proper involvement of all stakeholders in the consultation and evaluation process; highlights the need for a level playing field and reduced administrative burden in construction products legislation for all businesses, especially SMEs as well as for a fair and free competition at global level;
2020/10/12
Committee: IMCO
Amendment 110 #

2020/2028(INI)

Motion for a resolution
Paragraph 29
29. Is concerned that any revision of the CPR and, in particular, the review of the CPR acquis will take significant time, whileCalls for an ambitious revision of the CPR taking into account that manufacturers need immediate solutions to overcome the legal uncertainty resulting from the lack of updated harmonised standards; calls onhighlights that the Commrevission to address this issue prior to any revision of the CPR and in the review of the CPR acquiof the CPR should aim at creating a solid regulatory framework with effective, easily enforceable and harmonised rules;
2020/10/12
Committee: IMCO
Amendment 2 #

2020/2023(INI)

Draft opinion
Recital A
A. whereas an agreement with the UK must ensure a balance of rights and obligations, respect the full integrity and proper functioning of the EU’s internal market and customs union, and guarantee a level playing field for businesses as well as a high level of consumer protection;
2020/04/27
Committee: IMCO
Amendment 4 #

2020/2023(INI)

Draft opinion
Paragraph 1
1. Recalls its resolution of 15 January 2020 on implementing and monitoring the provisions on citizens’ rights in the Withdrawal Agreement1 , reiterating that the full implementation of the Withdrawal Agreement remains an overriding priority; and the main precondition for a successful future partnership; __________________ 1 Texts adopted, P9_TA(2020)0006.
2020/05/07
Committee: AFCO
Amendment 5 #

2020/2023(INI)

Draft opinion
Recital A
A. whereas cohesion policy is a key instrument that ensures solidarity between EuropeanU regions in exchange for the opportunities afforded by the internal market; whereas if regions are to access the internal market, they must make a contribution to the cohesion funds – as is the case for European Economic Area (EEA) countries;
2020/04/16
Committee: REGI
Amendment 6 #

2020/2023(INI)

Draft opinion
Recital A a (new)
A a. whereas the Union is the world’s leading commercial power and the biggest single market in the world, acting as a major driver of economic prosperity;
2020/04/27
Committee: IMCO
Amendment 8 #

2020/2023(INI)

Draft opinion
Paragraph 2
2. Recalls that compliance with treaties constitutes a fundamental principle of any legal order and, in particular, the international legal order; stresses that stability and trust in relations between the European Union and the UK depend on both parties respecting the principles that the Withdrawal Agreement and the EU- UK Political Declaration is binding upon them, and that it must be implemented in good faith;
2020/05/07
Committee: AFCO
Amendment 16 #

2020/2023(INI)

Draft opinion
Paragraph 1
1. Considers that the UK should be invited to contribute to the cohesion funds if it, in the absence of full participation in the internal market, the United Kingdom should not be able to benefit from cohesion funds, except for projects which are permitted under the regulations establishing those funds; adds that, should the United Kingdom ultimately wishes to participate in the internal market, it should contribute to cohesion funds for the 2021-2027 period in accordance with the model forapplied to EEA countries;
2020/04/16
Committee: REGI
Amendment 23 #

2020/2023(INI)

Draft opinion
Paragraph 5
5. Believes that under no circumstance a third country can have the same rights or enjoy the same benefits as a Member State; stresses that the rights and privileges associated with the access to the internal market go hand in hand with strict obligations for full respect of and compliance with internal market rules; recalls, therefore, that a balanced, ambitious and wide-ranging free trade agreement can only be agreed if a level playing field is secured through stipulation, proper implementation and effective enforcement of robust commitments;
2020/04/27
Committee: IMCO
Amendment 23 #

2020/2023(INI)

Draft opinion
Paragraph 2
2. Believes that the new agreement should take into account the needs of the regions affected by Brexit, especially those sharing a land or sea border with the UK, such as the border regions of Ireland and the coastal regions along the Channel, the Atlantic and the North Sea;
2020/04/16
Committee: REGI
Amendment 23 #

2020/2023(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Regrets in this regard that the European Parliament does not have full access to the UK negotiation documents, foremost the UK draft legal text; stresses the importance of full transparency in the negotiation process and urges the Task Force for the Relations with the UK to advocate for the publication of the full negotiation positions to ensure that the Parliament can effectively and informedly follow the partnership negotiations;
2020/05/07
Committee: AFCO
Amendment 33 #

2020/2023(INI)

Draft opinion
Paragraph 6
6. Underlines that dynamic regulatory alignment on the market surveillance of products and robust product standards should be an essential and irreplaceable part of any future agreement so as to ensure a level playing field for EU businesses and a high level of protection for EU consumers through effective market surveillance; underlines that a level playing field requires a horizontal mechanism, such as an overall governance framework covering all areas of cooperation, to ensure effective implementation, enforcement and dispute settlement through adequately resourced domestic authorities and effective administrative and judicial proceedings, and to provide the Union with adequate mechanisms to compensate for the UK’s possible non-compliance in every covered area;
2020/04/27
Committee: IMCO
Amendment 33 #

2020/2023(INI)

Draft opinion
Paragraph 8
8. Is concerned about the process of application of the European Union Settlement Scheme; notes in this regard that according to the latest EU Settlement Scheme Statistics, for February 2020, published by the UK Home Office on 19 March 2020, the total number of applications received up to 29 February 2020 was more than 3.3 million (3 343 700), and that, of the total number of applications concluded, 58 % were granted settled status and 41 % were granted pre- settled status ; is concerned that citizens with pre-settled status do not have access to benefits unless they also prove their right to reside; recalls that the success of the future relationship between the EU and the UK depends also on the correct implementation of the provisions of the Withdrawal Agreement concerning the rights of European citizens in UK;
2020/05/07
Committee: AFCO
Amendment 40 #

2020/2023(INI)

Draft opinion
Paragraph 7
7. Recalls that in any event a new agreement will lead to customs checks and verification before goods enter the internal market and insists that safeguarding the compliance of goods with internal market rules is of the utmost importance; considers that operational procedures aimed at safeguarding the internal market for goods and the customs union must keep ‘red tape’ to a minimum, especially for SMEs; underlines that European SMEs must not be adversely affected by the agreement with the UK and calls for a stable, predictable and properly regulated environment in which to conduct their businesses and keep their competitiveness and market share, as well as growth, investment and job creation;
2020/04/27
Committee: IMCO
Amendment 40 #

2020/2023(INI)

Draft opinion
Paragraph 5 a (new)
5a. Asks the Commission to prepare for the consequences of a no-deal scenario should the UK not request an extension to the transition period.
2020/04/16
Committee: REGI
Amendment 40 #

2020/2023(INI)

Draft opinion
Paragraph 10
10. Reiterates that Parliament will remain vigilant about the implementation of all the provisions of the Withdrawal Agreement and the EU-UK Political Declaration;
2020/05/07
Committee: AFCO
Amendment 44 #

2020/2023(INI)

Draft opinion
Paragraph 8 a (new)
8 a. Stresses the importance of an overarching chapter on the needs and interests of small and medium-sized enterprises (SMEs) with regard to market access facilitation issues including, but not limited to, compatibility of technical standards, and streamlined customs procedures with the aim of preserving and generating concrete business opportunities and fostering their internationalisation; emphasizes the need to enhance the ability of SMEs to benefit from trade in the future EU-UK economic partnership, including through the sharing of information on laws, regulations, and customs; encourages the Parties to set up SME contact points;
2020/04/27
Committee: IMCO
Amendment 48 #

2020/2023(INI)

Draft opinion
Paragraph 12
12. Insists that any agreement on a new relationship between the EU and the UK must be coherent and adapted to the geographical proximity of, and crossborder local cooperation between both parties, on the one hand, and to the high level of interconnectedness of both parties’ economies; rejects in this regard any ‘cherry-picking’ of various elements from different legal and trade frameworks applicable in the context of relations between the EU and various other third countries;
2020/05/07
Committee: AFCO
Amendment 50 #

2020/2023(INI)

Draft opinion
Paragraph 9
9. Stresses that ambitious arrangements should be included to facilitate electronic commerce and data flows, to address unjustified barriers to trade by electronic means, and to ensure an open, secure and trustworthy online environment for businesses and consumers, in conformity with EU rules on data protection;
2020/04/27
Committee: IMCO
Amendment 53 #

2020/2023(INI)

Draft opinion
Paragraph 13
13. Rejects failure to achieve a comprehensive agreement by resorting to several sectoral agreements due to a lack of time for concluding the negotiations; reiterates that it is still possible to extend the transition period in accordance with Article 132 of the Withdrawal Agreement; is concerned that the COVID-19 pandemic risks having a negative impact on the timeline planned for the conclusion of the agreement; warns that a strict adherence to this calendar under challenging circumstances increases the risk of a hard Brexit at the end of the transition period;
2020/05/07
Committee: AFCO
Amendment 54 #

2020/2023(INI)

Draft opinion
Paragraph 10
10. Stresses that the public procurement market should remain equally open on both sides, provided there is an effective level playing field covering every relevant aspect; regrets that the public procurement sector is not mentioned in the UK mandate for the negotiations and calls in this regard for the inclusion of additional rules and commitments that provide for the same level of access to procurement markets for both parties, which should be drawn up in full compliance with the EU acquis;
2020/04/27
Committee: IMCO
Amendment 57 #

2020/2023(INI)

Draft opinion
Paragraph 10 a (new)
10 a. Underlines that the future agreement with the UK must preserve the current high levels of protection of intellectual property, with mechanisms for cooperation and exchange of information, and it must keep the same level of protection for the existing geographical indications as set out in the Withdrawal Agreement, as well as for the recognition of new ones, which are of great economic and cultural value to both parties to the Agreement;
2020/04/27
Committee: IMCO
Amendment 63 #

2020/2023(INI)

Draft opinion
Paragraph 11
11. UPoints out that the large amount of non-tariff barriers, divergences in the level and quality of controls, and differences in customs procedures and sanctions policies at the EU’s points of entry into the Customs Union often result in distortion of trade flows and put at risk the integrity of the European single market; underlines the importance of preserving the integrity of the customs union and its procedures, which guarantee the safety of consumers and the economic interests of the EU and of EU undertakings; stresses the need for greater investment in customs controls facilities at common transit points;
2020/04/27
Committee: IMCO
Amendment 71 #

2020/2023(INI)

Draft opinion
Paragraph 13 a (new)
13 a. Insists that the Commission ensures that custom controls throughout the EU follow the same standards, by means of a direct unified customs control mechanism, in coordination with Member States and in full compliance with the principle of subsidiarity;
2020/04/27
Committee: IMCO
Amendment 71 #

2020/2023(INI)

Draft opinion
Paragraph 18
18. Welcomes the provisions of the draft text of the Agreement aiming to preserve the autonomy of the EU legal order, including the role of the Court of Justice of the European Union as the ultimate organ for interpreting of EU law; regrets in this regard that the UK mandate rejects any jurisdiction of a foreign court, including the CJEU;
2020/05/07
Committee: AFCO
Amendment 72 #

2020/2023(INI)

Draft opinion
Paragraph 13 a (new)
13 a. Calls on the Parties to work towards simplification of their requirements and formalities for customs procedures in order to reduce the time and costs thereof for traders or operators, including small and medium-sized enterprises;
2020/04/27
Committee: IMCO
Amendment 72 #

2020/2023(INI)

Draft opinion
Paragraph 19 a (new)
19 a. Welcomes the human rights commitments foreseen in the draft Agreement, including the respect of the European Convention of Human Rights; stresses the necessity to formalise these commitments, including the abidance by the European Court of Human Rights; reiterates that future judicial and police cooperation between the Union and the UK should depend on such formalised commitments;
2020/05/07
Committee: AFCO
Amendment 73 #

2020/2023(INI)

Draft opinion
Paragraph 19 b (new)
19 b. Stresses the need to include clear provisions as to the upholding of a rules- based international order, the rule of law and the promotion of democracy;
2020/05/07
Committee: AFCO
Amendment 19 #

2020/2022(INI)

Draft opinion
Paragraph 2
2. States that limited liability provisions for passive hosting service providers as set out in the e-Commerce Directive1 must be maintained and strengthened in the Digital Services Act, particularly in order to protect freedom of expression and the freedom to provide services; underlines the importance of these protections to the growth of European SMEs; _________________ 1 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’), OJ L 178, 17.7.2000, p. 1.
2020/05/07
Committee: IMCO
Amendment 25 #

2020/2022(INI)

Draft opinion
Paragraph 3
3. Recognises that SMEs and large players have differing capabilities with regard to the moderation of content;, warns that overburdening businesses with disproportionate new obligations could further hinder the growth of SMEs and require recourse to automatic filtering tools, which may often lead to the removal of legal contenthich should be taken into account in order not to hinder the growth of SMEs;
2020/05/07
Committee: IMCO
Amendment 56 #

2020/2022(INI)

Draft opinion
Paragraph 6
6. Calls for the introduction of counter-notice tools to allow content ownuploaders to defend their rightclaims adequately and in a timely manner when notified of any takedown; underlines its view that delegating the responsibility to set boundaries on freedom of speech to private companies is unacceptable and creates risks for both citizens and businesses, neither of which are qualified to take such decisionsof online service providers to tackle the dissemination of illegal content should be performed within a clear legislative framework and with judicial oversight.
2020/05/07
Committee: IMCO
Amendment 64 #

2020/2022(INI)

Draft opinion
Paragraph 6 a (new)
6a. Recalls that the current notice and take down mechanism does not prevent illegal content that was previously taken down to be re-uploaded; stresses the scale of services and content available online nowadays; calls therefore for a strengthened framework that foresees a notice and stay down mechanism in order to ensure that online service providers take effective measures to ensure that illegal content that was rightfully removed from their services following a notice, stays down.
2020/05/07
Committee: IMCO
Amendment 11 #

2020/2021(INI)

Motion for a resolution
Recital A
A. whereas dwindling natural resources and the proliferation of waste make it essential to establish sustainable patterns of production and consumption which are commensurate with planetary boundaries and focus on the effective and sustainable use of resources;
2020/06/26
Committee: IMCO
Amendment 14 #

2020/2021(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas ambitious sectoral EU policies, as well as the proper implementation and effective enforcement of existing rules are essential for a well- functioning sustainable single market;
2020/06/26
Committee: IMCO
Amendment 16 #

2020/2021(INI)

Motion for a resolution
Recital B
B. whereas we need a horizontal strategy for a sustainable sinternalgle market must be supported by a horizontal strategy that addresses the issue of premature obsolescence, while supporting, that will encourage sustainable patterns of production and consumption, provide innovation opportunities for businesses, and high level of consumer protection; this strategy should support sustainable growth, innovation and jobs;
2020/06/26
Committee: IMCO
Amendment 20 #

2020/2021(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas sustainable products with improved durability, reusability, upgradability, reparability and minimised environmental footprint should become the norm in the EU; whereas the ‘sustainable’ choice should become the default choice for all consumers in the EU;
2020/06/26
Committee: IMCO
Amendment 22 #

2020/2021(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas effective methodologies and rules should be introduced for substantiating environmental claims in order to reduce ‘greenwashing’; whereas planned obsolescence of products should be tackled;
2020/06/26
Committee: IMCO
Amendment 23 #

2020/2021(INI)

Motion for a resolution
Recital B c (new)
Bc. whereas it is essential to mobilise sufficient funding, for example via Horizon Europe and InvestEU, to finance research and development of sustainable products;
2020/06/26
Committee: IMCO
Amendment 24 #

2020/2021(INI)

Motion for a resolution
Recital B d (new)
Bd. whereas a one-size-fits-all horizontal approach regarding product lifetime may be not the most effective; whereas different approaches that differentiate between different categories of products and take into account market and technological developments could be more appropriate;
2020/06/26
Committee: IMCO
Amendment 26 #

2020/2021(INI)

Motion for a resolution
Recital C
C. whereas consumers are ready to embark on the journey towards a circular economy, but many obstacles remain, including, firstly, information asymmetry; whereas clear, reliable and transparent information on durability, reparability and environmental performance of products, including on their health benefits, is essential for consumers’ awareness and sustainable consumption patterns;
2020/06/26
Committee: IMCO
Amendment 33 #

2020/2021(INI)

Motion for a resolution
Recital D
D. whereas encouraging the culture of repair and reuse and thedeveloping second- hand goods markets are sources ofcould offer economic and social opportunities, create jobs, and drive industrial competitiveness; whereas easily enforceable remedies that prioritise reuse and repair, as well as effective ‘right to repair’ are essential in this respect;
2020/06/26
Committee: IMCO
Amendment 40 #

2020/2021(INI)

Motion for a resolution
Recital E
E. whereas the increasing digitalisation of our societies must help forge a sustainable market based on responsibility, transparency, information- sharing, and moderation; whereas online platforms could further deliver on their responsibility to provide consumers with reliable information on sustainability of products and services they offer;
2020/06/26
Committee: IMCO
Amendment 47 #

2020/2021(INI)

Motion for a resolution
Recital F
F. whereas public procurement is a strategic tool that can be used to support Europe’s industrial fabric in its transitionin Europe’s green and digital transition; whereas mandatory green public procurement will strengthen Europe’s industrial resilience and strategic autonomy and will encourage sustainable choices for both businesses and consumers;
2020/06/26
Committee: IMCO
Amendment 50 #

2020/2021(INI)

Motion for a resolution
Recital G
G. whereas advertising is used to persuade consumers to buy more, and this has environmental repercussionshas an effect on the levels and patterns of consumption and could encourage sustainable business and consumer choices; whereas misleading ‘green’ advertising should be tackled;
2020/06/26
Committee: IMCO
Amendment 55 #

2020/2021(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas recent Eurobarometer figures show that around 68% of the EU citizens agree that consumption patterns adversely affect the environment in the EU and worldwide; whereas changing consumption and production habits is seen as an effective way to tackle environmental issues and move towards a sustainable Single Market;
2020/06/26
Committee: IMCO
Amendment 62 #

2020/2021(INI)

Motion for a resolution
Recital G b (new)
Gb. whereas developing a sustainable single market requires effective market surveillance to ensure compliance of products, including with certain environmental requirements;
2020/06/26
Committee: IMCO
Amendment 68 #

2020/2021(INI)

Motion for a resolution
Subheading 1
Consumer rights and clamping down on prematurelanned obsolescence
2020/06/26
Committee: IMCO
Amendment 70 #

2020/2021(INI)

Motion for a resolution
Subheading 1 a (new)
- 1. Stresses that green and digital transition as well as Europe’s global competitiveness require strong political ambition when designing and implementing Europe’s strategy on sustainability; such strategy should be based on the imperatives of the European Green Deal and ‘no harm’ principle;
2020/06/26
Committee: IMCO
Amendment 71 #

2020/2021(INI)

Motion for a resolution
Subheading 1 b (new)
-1a. Stresses that completing and deepening the Single market is a precondition for the success of Europe’s transition to sustainable and circular economy; calls on the Commission and the Member States to address the existing regulatory and non-regulatory barriers stemming from restrictive and complex national rules, limited administrative capacities, and inadequate transposition and enforcement of EU rules; calls for more flexible and transparent governance of the internal market with more effective peer reviews and improved monitoring and performance tools;
2020/06/26
Committee: IMCO
Amendment 72 #

2020/2021(INI)

Motion for a resolution
Subheading 1 c (new)
-1b. Welcomes the Circular Economy Action Plan and the intention of the Commission to come up with specific measures to address the need to improve product durability, reusability, upgradability and reparability, as well as to tackle the planned obsolescence of products; stresses the need to empower consumers to better guide their consumption patterns by providing them with clear and reliable information on lifespan, environmental performance and reparability of products; calls on the Commission to support and develop economic tools that give an economic advantage to sustainable choices;
2020/06/26
Committee: IMCO
Amendment 73 #

2020/2021(INI)

Motion for a resolution
Subheading 1 d (new)
-1c. Stresses that the upcoming legislative proposals aimed at promoting a more sustainable single market for businesses and consumers should be fully aligned with the objective of limiting global warming to under 1.5°C, and should not contribute to biodiversity loss and increased scarcity of resources;
2020/06/26
Committee: IMCO
Amendment 74 #

2020/2021(INI)

Motion for a resolution
Subheading 1 e (new)
-1d. Recalls that the European Union is both the world’s second largest economic power and the world’s largest trading power; points out that the single market is a powerful tool that must be used to develop sustainable and circular products or technologies that will become tomorrow’s standards, thus enabling citizens to purchase affordable products that are safer, healthier and more respectful of the planet;
2020/06/26
Committee: IMCO
Amendment 75 #

2020/2021(INI)

Motion for a resolution
Subheading 1 f (new)
-1e. Points out that both sustainable production and consumption should be promoted; considers in this regard that resource efficiency should be improved by increasing the circularity of value chains, reducing the consumption of resources, and cutting down on waste generation; stresses that a new economy comprising circular services should be developed;
2020/06/26
Committee: IMCO
Amendment 80 #

2020/2021(INI)

Motion for a resolution
Paragraph 1 – introductory part
1. Calls on the Commission to devise a horizontal strategy that includesin consultation with all stakeholders to devise a horizontal strategy to encourage sustainable choices of both businesses and consumers, with measures that differentiate between categories of products, and take into account market and technological developments. This strategy should include the following measures to:
2020/06/26
Committee: IMCO
Amendment 88 #

2020/2021(INI)

Motion for a resolution
Paragraph 1 – point a a (new)
aa) encourage manufacturers to consider the durability and reparability of products from the design stage, so as to ensure the placing on the market of sustainable, easily reparable and reusable products and a sustainable choice for consumers;
2020/06/26
Committee: IMCO
Amendment 89 #

2020/2021(INI)

Motion for a resolution
Paragraph 1 – point a b (new)
ab) introduce a multi-criteria life cycle environmental performance index, which will provide information to consumers on the reparability, durability and recyclability of a product, including its packaging;
2020/06/26
Committee: IMCO
Amendment 95 #

2020/2021(INI)

Motion for a resolution
Paragraph 1 – point b
b) introduce mandatory labelling, on theeasily readable labels, basised ofn common transparent standards, such as multi- criteria life cycle’s environmental performance index which, for comparison purposes, will informs consumers at the time of purchase of the estimated lifetime of a product and will sets out the options for repair,
2020/06/26
Committee: IMCO
Amendment 107 #

2020/2021(INI)

Motion for a resolution
Paragraph 1 – point d
d) bring the duration of legal guarantees and periods of presumed conformity into line with the estimated lifetime of products and harmonise these at European level; the Commission should assess the impact of such proposal on the level of prices, the estimation of products’ lifespan, the system of commercial guarantees, and independent repair services,
2020/06/26
Committee: IMCO
Amendment 121 #

2020/2021(INI)

Motion for a resolution
Paragraph 1 – point f
f) add to the list in Annex I to Directive 2005/29/EC practices which curtail the life of a product, such as preventing repairs, introducing a design fault, or slowing performance following an updatetackle planned obsolescence, by adding practices that effectively shorten the life of a product to increase its replacement rate and the unduly constrained reparability of products, including software to the list in Annex I to Directive 2005/29/EC; stresses the need for those practices to be clearly and precisely defined;
2020/06/26
Committee: IMCO
Amendment 136 #

2020/2021(INI)

Motion for a resolution
Paragraph 2 – point a
a) security updates must continue throughout the estimated lifetime of the device, and for a minimum of five years,
2020/06/26
Committee: IMCO
Amendment 147 #

2020/2021(INI)

Motion for a resolution
Paragraph 2 – point b a (new)
ba) security or any other software updates must never deliberately slow down devices or diminish their performance;
2020/06/26
Committee: IMCO
Amendment 151 #

2020/2021(INI)

Motion for a resolution
Paragraph 3
3. PStresses the need for simple, effective and enforceable means of redress for both businesses and consumers; points out that consumers are all too often ill-informed about their rights and means of redress; calls for funding for measures to address this asymmetry of information and offer consumer associations support with their initiativessupport for the initiatives of business and consumer associations in this respect;
2020/06/26
Committee: IMCO
Amendment 156 #

2020/2021(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Underlines the importance of ensuring information and consumer awareness of vulnerable groups, such as persons with disabilities, to increase consumer confidence in products with a long lifetime; considers that the Commission and the Member States should assist local and regional authorities, companies and consumer associations, in promoting exchanges of information and sharing of best practices throughout the EU;
2020/06/26
Committee: IMCO
Amendment 160 #

2020/2021(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Stresses that products from outside the EU often do not comply with EU rules on sustainability and safety; calls on the Commission and the Member States to step up their efforts to ensure compliance of products with mandatory environmental criteria through enhanced market surveillance, including for products sold online;
2020/06/26
Committee: IMCO
Amendment 166 #

2020/2021(INI)

Motion for a resolution
Paragraph 4
4. Calls for the following information to be given at the time of purchaseStresses the need to enhance and optimise the information provided to consumers on reparability of products at the time of purchase; calls for the following information to be available in a clear and easy readable manner: whether spare parts are available or not, period of availability from date of purchase, price of spare parts, delivery and repair times;
2020/06/26
Committee: IMCO
Amendment 174 #

2020/2021(INI)

Motion for a resolution
Paragraph 5 – introductory part
5. CAsks the Commission to assess the existing barriers preventing repairs, resales, donations and reuse and to propose measures to address those; calls on the Commission to establish a consumers’ right to repair with a view to making repairs, taking into account different product categories in order to encourage systematic and affordable: repairs:
2020/06/26
Committee: IMCO
Amendment 183 #

2020/2021(INI)

Motion for a resolution
Paragraph 5 – point a
a) by guaranteeing unrestrictedensuring access to repair and maintenance information and spare parts for all those involved inconsumers and representatives of the repair industry and all consumers,
2020/06/26
Committee: IMCO
Amendment 188 #

2020/2021(INI)

Motion for a resolution
Paragraph 5 – point b
b) by imposencouraging standardisation of spare parts, for the sake of interoperability while respecting product safety requirements and allowing for innovation,
2020/06/26
Committee: IMCO
Amendment 200 #

2020/2021(INI)

Motion for a resolution
Paragraph 5 – point d
d) encouraging repair over replacement by extending guarantees for consumers who choose for this option; furthermore, ensuring that sellers always inform consumers of the option of repair as well as the associated right of extended guarantee,
2020/06/26
Committee: IMCO
Amendment 225 #

2020/2021(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Stresses the importance of boosting circular economy business models, that will minimise destruction of products and promote repair and ‘reuse’; calls for ensuring R&D investments in this area; stresses the need for educational campaigns and training projects on ‘reuse’ for both businesses and consumers;
2020/06/26
Committee: IMCO
Amendment 228 #

2020/2021(INI)

Motion for a resolution
Paragraph 6 b (new)
6b. Points out the existence of many discouraging practices by companies, which prevent technical, safety or software solutions by independent repairers and directly affect consumers’ choices of repair; calls for balanced approach that safeguards the enforcement of intellectual property rights on the one hand and ensures effective support for independent repairers on the other, in order to promote consumer choice and achieve an overall sustainable Single Market;
2020/06/26
Committee: IMCO
Amendment 231 #

2020/2021(INI)

Motion for a resolution
Paragraph 7
7. PStresses the need to create incentives for consumers to buy second- hand goods; points out that transferring the guarantee in the event of the resale of a product which is still covered would boost consumer confidence in this market, and calls for guarantees to be linked to the item rather than the buyer;
2020/06/26
Committee: IMCO
Amendment 234 #

2020/2021(INI)

Motion for a resolution
Paragraph 8
8. Calls for a system of extended guarantees forclear definition of reconditioned goods to beand for introduceding a system of extended guarantees for them on a broad scale, to supplement the initial legal guarantees, in order to support consumers and prevent malpractice;
2020/06/26
Committee: IMCO
Amendment 239 #

2020/2021(INI)

Motion for a resolution
Paragraph 9
9. Welcomes the development of commercial models that separate consumption from material ownership,; stresses the need to facilitate rentals and calls for a robust assessment of the impact of the functionality economy and its potential rebound effects;
2020/06/26
Committee: IMCO
Amendment 244 #

2020/2021(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Stresses the importance of a well- functioning internal market for secondary raw materials and recycled products; calls on the Commission to identify and remove existing barriers, as well as to accelerate requests for development of harmonised standards for these products;
2020/06/26
Committee: IMCO
Amendment 249 #

2020/2021(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Highlights the role of the service sector in increasing accessibility and affordability of repairs, leasing and product-as-a-service; points out that completing the internal market for services will contribute to the transition to a more sustainable single market;
2020/06/26
Committee: IMCO
Amendment 256 #

2020/2021(INI)

Motion for a resolution
Paragraph 10 – introductory part
10. Welcomes the announcement of a common database and of ambition of the Commission to develop digital ‘product passports’ to improve traceability and transparency; calls fhat will provide information on a product’s origin, durability, composition, reuse, repair, dismantling possibilities, and end-of-life handling; welcomes, furthermore these tools to be developed in such a way as to: intention to establish a common European data space for smart circular applications;
2020/06/26
Committee: IMCO
Amendment 259 #

2020/2021(INI)

Motion for a resolution
Paragraph 10 – point a
a) facilitate decentralised data storage;deleted
2020/06/26
Committee: IMCO
Amendment 261 #

2020/2021(INI)

Motion for a resolution
Paragraph 10 – point b
b) ensure system interoperability, in order to forestall technical lock-ins or the emergence of new obstacles;deleted
2020/06/26
Committee: IMCO
Amendment 264 #

2020/2021(INI)

Motion for a resolution
Paragraph 10 – point c
c) standardise data structures to enable processing at EU level;deleted
2020/06/26
Committee: IMCO
Amendment 266 #

2020/2021(INI)

Motion for a resolution
Paragraph 10 – point d
d) involve the adoption of guidelines and ambitious minimum standards on data exchange and protection, to be applied to both business-to-business transactions and business-to-consumer transactions, thereby significantly improving product traceability;eleted
2020/06/26
Committee: IMCO
Amendment 277 #

2020/2021(INI)

Motion for a resolution
Paragraph 11
11. Takes note of digital technologies’ contribution to innovation and in forging a more circular economy; calls for derogations to be made from intellectual property law to allow full use to be made of such technologies when in the public interest, for example during a health crisis;on the Commission and Member States to increase funding for research and innovation in sustainable technologies;
2020/06/26
Committee: IMCO
Amendment 282 #

2020/2021(INI)

Motion for a resolution
Paragraph 12
12. StressNotes that, whether we consider its manufacturing or services, the digital sector has a significant environmental footprint, and calls for the introduction of an EU digital sustainability index based on an analysis of product life cycles;
2020/06/26
Committee: IMCO
Amendment 284 #

2020/2021(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Stresses the importance of online platforms and online marketplaces for promoting sustainable products and services and encouraging sustainable consumption; calls for proactive measures to tackle misleading practices and disinformation regarding products and services offered online, including false ‘environmental claims’;
2020/06/26
Committee: IMCO
Amendment 289 #

2020/2021(INI)

Motion for a resolution
Paragraph 13
13. Takes the view that public procurement should be central to the EU’s economic recovery plan, in line with the European Green Deal; calls for absolute priority to be given to stimulating demand for eco-innovative goods and services and ensuring access for small and medium- sized enterprises by introducing, inter alia, preferential award criteria;
2020/06/26
Committee: IMCO
Amendment 294 #

2020/2021(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Stresses that ambitious public procurement in terms of sustainability of products and services could support innovation efforts of private sector and sets the right incentives for boosting sustainable production and consumption;
2020/06/26
Committee: IMCO
Amendment 296 #

2020/2021(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Stresses the need to ensure the uptake of green public procurement by introducing mandatory sustainability criteria to encourage governments to buy goods and services with less impact on the environment;
2020/06/26
Committee: IMCO
Amendment 298 #

2020/2021(INI)

Motion for a resolution
Paragraph 13 c (new)
13c. Calls for absolute priority to be given to stimulating demand for eco- innovative goods and services, as well as to reused and recycled goods, and low- energy consumption software programmes;
2020/06/26
Committee: IMCO
Amendment 299 #

2020/2021(INI)

Motion for a resolution
Paragraph 13 d (new)
13d. Stresses the potential benefits of an instrument for screening ‘green’ tenders to ensure the compatibility of large-scale infrastructure projects with EU's climate commitments and to tackle ‘greenwashing’, including in the context of public procurement;
2020/06/26
Committee: IMCO
Amendment 300 #

2020/2021(INI)

Motion for a resolution
Paragraph 13 e (new)
13e. Calls for mandatory reporting obligations for the Commission and the Member States with regard to their sustainable public procurement;
2020/06/26
Committee: IMCO
Amendment 301 #

2020/2021(INI)

Motion for a resolution
Paragraph 13 f (new)
13f. Calls for ensuring effective reciprocity in public procurement with third countries, as well as ensuring access for small and medium-sized enterprises by introducing, inter alia, preferential award criteria;
2020/06/26
Committee: IMCO
Amendment 302 #

2020/2021(INI)

Motion for a resolution
Paragraph 13 g (new)
13g. Stresses the important contribution of social economy enterprises to circular and local production models and calls for improving their access to public procurement;
2020/06/26
Committee: IMCO
Amendment 310 #

2020/2021(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Underlines that the integrity and functioning of a sustainable Single Market greatly depends on a seamlessly functioning customs union; insists that the Commission ensures that custom controls throughout the EU follow the same standards, by means of a direct unified customs control mechanism, in coordination with Member States and in full compliance with the principle of subsidiarity;
2020/06/26
Committee: IMCO
Amendment 328 #

2020/2021(INI)

Motion for a resolution
Paragraph 16
16. Stresses the major roleNotes that advertising playhas ian ‘psychological obsolescence’, the phenomenon whereby a functioning product comes to be viewed as outdated; concludes that a regulatory framework effect on the levels and patterns of consumption and could encourage sustainable business and consumer choices; stresses the importance of responsible advertising this area is crucial for at respects public standards on environment and consumer healthe; creation of a sustainable marketalls for misleading advertising to be tackled;
2020/06/26
Committee: IMCO
Amendment 333 #

2020/2021(INI)

Motion for a resolution
Paragraph 17
17. Calls for a ban on the advertising of services or products that are disproportionately damaging to the environment or consumer health;deleted
2020/06/26
Committee: IMCO
Amendment 342 #

2020/2021(INI)

Motion for a resolution
Paragraph 18
18. Calls for the introduction of an EU advertising tax in order to offset negative externalities resulting from increased consumption;deleted
2020/06/26
Committee: IMCO
Amendment 347 #

2020/2021(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Calls on the Commission to assess the impact of advertising on the environment and consumer health, as well as to examine the feasibility of introducing measures to promote sustainable consumption;
2020/06/26
Committee: IMCO
Amendment 349 #

2020/2021(INI)

Motion for a resolution
Paragraph 19
19. Urges strict regulation of targeted advertising to ensure it is not based on widespread user tracking or the gathering of personal data;deleted
2020/06/26
Committee: IMCO
Amendment 2 #

2020/2018(INL)

Motion for a resolution
Citation 2 a (new)
- having regard to the communication from the Commission of 11 January 2012, entitled “A coherent framework for building trust in the Digital Single Market for e-commerce and online services” COM/2011/0942 final,
2020/05/18
Committee: IMCO
Amendment 5 #

2020/2018(INL)

Motion for a resolution
Citation 2 b (new)
- having regard to the Memorandum of Understanding on the sale of counterfeit goods via the internet of 21 June 2016 and its review in the Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee of 29 November 2017, entitled “ A balanced IP enforcement system responding to today's societal challenges” (COM (2017) 707) final,
2020/05/18
Committee: IMCO
Amendment 6 #

2020/2018(INL)

Motion for a resolution
Citation 3 a (new)
- having regard to the Communication from the Commission of 28 September 2017, entitled “Tackling Illegal Content Online: Towards an enhanced responsibility of online platforms” (COM (2017) 555), and its Recommendation of 1 March 2018 on measures to effectively tackle illegal content online (COM (2018) 1177),
2020/05/18
Committee: IMCO
Amendment 35 #

2020/2018(INL)

Motion for a resolution
Recital C a (new)
Ca. whereas a recent Parliament 1a study shows that the potential gain of completing the Digital Single Market for services could be up to €100 billion; whereas the Digital Services Act should not only be a way to regulate those services but should also aim at unlocking this potential to the benefit of the European economy; __________________ 1a“Europe’s two trillion euro dividend, Mapping the Cost of Non-Europe 2019- 2024”, EPRS, PE 631.745, April 2019
2020/05/18
Committee: IMCO
Amendment 39 #

2020/2018(INL)

Motion for a resolution
Recital D
D. whereas the social and economic challenges brought by the COVID-19 pandemic are showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas, at the same time, the pandemic has also exposed serious shortcomings of the current regu the Commission contacted a number of platforms, social media, search engines and market places rapidly to require their cooperation in taking down scams from their platforms; whereas platfory framework which call for action at Union level to address the difficulties identified and to prevent them from happening in the futurems replied positively to this call for cooperation and since then a rapid and efficient information exchange is in place; whereas, at the same time, the pandemic has also shown that platforms and online intermediation services need to step up their efforts to rapidly detect and take down fake claims and tackling the misleading practices of rogue traders in a consistent and coordinated manner, in particular of those selling false medical equipment online; whereas this calls for action at Union level to have a more coherent and coordinated approach to combat these misleading practices;
2020/05/18
Committee: IMCO
Amendment 46 #

2020/2018(INL)

Motion for a resolution
Recital D a (new)
Da. whereas scandals recently emerged regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism);
2020/05/18
Committee: IMCO
Amendment 48 #

2020/2018(INL)

Motion for a resolution
Recital D b (new)
Db. whereas Directive (EU) 2019/770, Directive (EU) 2019/771, and Directive (EU) 2019/2161 were all adopted less than a year ago and are still in the process of being implemented and transposed into national legislation;
2020/05/18
Committee: IMCO
Amendment 50 #

2020/2018(INL)

Motion for a resolution
Recital D d (new)
Dd. whereas the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; whereas this problem is aggravated by the fact that often the identity of these companies cannot be established;
2020/05/18
Committee: IMCO
Amendment 62 #

2020/2018(INL)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission’s commitment to submit a proposal for a Digital Services Act package, and, on the basis of Article 225 of the Treaty on the Functioning of the European Union (TFEU), calls on the Commission to submit such a package on the basis of the relevant Articles of the Treaties, following the recommendations set out in the Annex hereto;
2020/05/18
Committee: IMCO
Amendment 120 #

2020/2018(INL)

Motion for a resolution
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especiallythe Digital Single Act should not tackle the issue of platform wor collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regukers; notes that a report is being prepared by the relevant committee of the European Parliament on “Fair working conditions, rights and social protection for platfory frameworkm workers - New forms of employment linked to digital development”;
2020/05/18
Committee: IMCO
Amendment 148 #

2020/2018(INL)

Motion for a resolution
Paragraph 6 d (new)
6d. Recalls that the E-Commerce Directive was drafted in a technologically neutral manner in order to avoid amendments of the legal framework arising from the fast pace of innovation in the IT sector; asks the Commission to ensure that any revisions continue to respect this technologically neutral manner;
2020/05/18
Committee: IMCO
Amendment 149 #

2020/2018(INL)

Motion for a resolution
Paragraph 6 e (new)
6e. Considers that the future Digital Services Act should take the form of several regulations rather than directives in order to ensure a more harmonised application and avoid delays in its transposition;
2020/05/18
Committee: IMCO
Amendment 195 #

2020/2018(INL)

Motion for a resolution
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;deleted
2020/05/18
Committee: IMCO
Amendment 203 #

2020/2018(INL)

Motion for a resolution
Paragraph 12
12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be established;deleted
2020/05/18
Committee: IMCO
Amendment 216 #

2020/2018(INL)

Motion for a resolution
Paragraph 13
13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, that provide services to consumers (B2B2C) and the minimum information requirements on commercial communications, should be substantially strengthened;
2020/05/18
Committee: IMCO
Amendment 231 #

2020/2018(INL)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to require intermediate service providers to verifycollect the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date when those business partners have a direct relationship with consumers through the intermediate service, and to ensure that the information is updated in case competent authorities informed the providers of any inaccuracy;
2020/05/18
Committee: IMCO
Amendment 239 #

2020/2018(INL)

Motion for a resolution
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internet service providers aimed at increasing transparency and information, if proposing measures on internet service providers aimed at increasing transparency and information, to take into account the difference between the underlining hosting internet service provider on the one hand and a platform or other websites and its users on the other; stresses that internet service providers often have no contractual relations with a platform’s business users or consumers, including having no legal right to view or access data stored; asks the Commission to ensure that enforcement measures are targeted in a way that takes this difference into account and does not force the breach of privacy and legal process; considers that these obligations should be proportionate and enforced by appropriate, effective and dissuasive penalties;
2020/05/18
Committee: IMCO
Amendment 281 #

2020/2018(INL)

Motion for a resolution
Paragraph 17 a (new)
17a. Recalls that the protection of personal data subject to automated decision-making processes is already covered, among others, by the General Data Protection Regulation and none of the proposals should seek to repeat or amend such measures;
2020/05/18
Committee: IMCO
Amendment 282 #

2020/2018(INL)

Motion for a resolution
Paragraph 17 b (new)
17b. Underlines that algorithms can be protected as trade secrets within the meaning of the Directive 2016/943; stresses that any supervision of such algorithms, where needed, must be carried out by the national regulatory authority of the country of origin, on a case by case basis, only when a Member State has reason to believe that it has algorithmic bias, and be subject to clear confidentiality rules;
2020/05/18
Committee: IMCO
Amendment 303 #

2020/2018(INL)

Motion for a resolution
Paragraph 19
19. Stresses that the existence and spread of illegal content online is a severe threat that, such as incitement to terrorism, illegal hate speech, or child sexual abuse material, as well as infringements of intellectual property rights and consumer protection online undermines citizens' trust and confidence in the digital environment, and which also harms the economic development ofharms healthy platform ecosystems in the Digital Single Market and severely hampers the development of legitimate markets for digital services;
2020/05/18
Committee: IMCO
Amendment 319 #

2020/2018(INL)

Motion for a resolution
Paragraph 20
20. Notes that there is no ‘one size fits all’ solution to all types of Stresses the need to distinguish between ‘illegal and ’, ‘harmful content and cases of misinformation online; believes, however, that a more aligned approach at Union level, taking into account the different types of content, will make’, and other content; notes that some content linked to religious belief or political positions, for instance, might be considered harmful without being illegal; considers that 'harmful' legal content should not be regulated or defined in the fDight against illegal content more effectiveital Service Act as they are protected by the freedom of expression;
2020/05/18
Committee: IMCO
Amendment 326 #

2020/2018(INL)

Motion for a resolution
Paragraph 20 a (new)
20a. Considers that this approach at Union level should be based on the principle of due diligence which is already implemented by some players; underlines that, in the context of the Digital Services Act, this principle should notably mean that active online intermediaries should take also effective and appropriate measures to tackle and remove illegal content from their platform and that such proactive measures should be a pre- condition for the service providers to benefit from the exemption of liability provided for in the E-Commerce Directive;
2020/05/18
Committee: IMCO
Amendment 328 #

2020/2018(INL)

Motion for a resolution
Paragraph 20 a (new)
20a. Stresses also that content that might be seen as 'illegal' in some Member States, may not be seen as such in others as only some type of 'illegal' content are harmonised in the EU; notes that there is therefore no ‘one size fits all’ solution to all types of 'illegal' content;
2020/05/18
Committee: IMCO
Amendment 351 #

2020/2018(INL)

Motion for a resolution
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy; stresses that the notice- and-action mechanism should be complemented with “stay down” obligations to prevent the reappearance of illegal online content that has already been identified and removed as illegal;
2020/05/18
Committee: IMCO
Amendment 388 #

2020/2018(INL)

Motion for a resolution
Paragraph 23 a (new)
23a. Calls on the Commission to clarify the definition of active and passive hosting intermediaries taking into account the existing jurisprudence of the Court of Justice; stresses that exemption from liability by default should be limited to passive hosts;
2020/05/18
Committee: IMCO
Amendment 390 #

2020/2018(INL)

Motion for a resolution
Paragraph 23 b (new)
23b. Notes that online intermediaries might encrypt or otherwise prevent outside access to their content by third parties, including hosting intermediaries, who do not have the encryption key; believes therefore that any requirements should take this and similar practical problems into account;
2020/05/18
Committee: IMCO
Amendment 397 #

2020/2018(INL)

Motion for a resolution
Paragraph 24
24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety and do not sufficiently guarantee consumer rightsan increasing number of non-compliant sellers - especially from third countries – are offering unsafe or illegal products in the European market;
2020/05/18
Committee: IMCO
Amendment 403 #

2020/2018(INL)

Motion for a resolution
Paragraph 25
25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards; calls on the Commission to introduce an obligation for online platforms to inform consumers once a product they have bought has been removed from the platform following notification on its non- compliance with the EU product safety and consumer protection rules;
2020/05/18
Committee: IMCO
Amendment 430 #

2020/2018(INL)

Motion for a resolution
Paragraph 26 e (new)
26 e. Notes the rise of “smart contracts” based on distributed ledger technologies; asks the Commission to analyse if certain aspects of “smart contracts” should be clarified and if guidance should be given in order to ensure legal certainty for businesses and consumers; asks especially for the Commission to work to ensure that such contracts with consumers are valid and binding throughout the Union, that they meet the standards of consumer law, for example the right of withdrawal under Directive 2011/83/EU, and that they are not subject to national barriers to application, such as notarisation requirements;
2020/05/18
Committee: IMCO
Amendment 431 #

2020/2018(INL)

Motion for a resolution
Paragraph 26 f (new)
26 f. Asks the Commission, while recalling earlier efforts, to further review the practice of End User Licensing Agreements (EULAs) and Terms and Conditions Agreements (T&Cs) and to seek ways to allow greater and easier engagement for consumers, including in the choice of clauses; notes that EULAs and T&Cs are often accepted by users without reading them; notes, moreover, that when a EULA and T&Cs does allow for users to opt-out of clauses, service providers may require users to do so at each use, often in bad faith, to encourage acceptance;
2020/05/18
Committee: IMCO
Amendment 435 #

2020/2018(INL)

Motion for a resolution
Paragraph 27
27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy; stresses the need to continue the regulatory debate on mechanisms to preserve the level playing field and integrity of the internal market in order to tackle the distortion of competition and the limitation of consumer choice that could be caused by the potential abuse of dominant position of a small number of online platforms;
2020/05/18
Committee: IMCO
Amendment 467 #

2020/2018(INL)

Motion for a resolution
Paragraph 29
29. BWelievcomes that, in view of the cross- border nae Commission intention to introduce as part of the future of dDigital sServices, effective supervision and cooperation between Member States is key to ensur Act, targeted ex ante regulation to tackle systemic issues specific to digital markets as well as a tool to prevent market tipping; stresses the intrinsic complementarity between internal market regulation and competition policy, as emphasised ing the proper enforcement ofreport by the Commission's special advisers entitled Competition Policy for the Digital Services ActEra';
2020/05/18
Committee: IMCO
Amendment 474 #

2020/2018(INL)

Motion for a resolution
Paragraph 30
30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with investigation and enforcement powers;deleted
2020/05/18
Committee: IMCO
Amendment 478 #

2020/2018(INL)

Motion for a resolution
Paragraph 30
30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with investigation and enforcement powAsks the Member States to strengthen national regulatory authorities with the financial means and staff to allow for full oversight of online intermediaries established within their territories; believes that the Commission, through the Joint Research Centre, should be empowered to provide expert assistance to the Member States, upon request, towards the analysis of technological, administrative, or other matters in relation to the Digital Single Market legislative enforcement; encourages the Member States to pool and share best practices between national regulators, and to grant regulators legal authority to communicate between themselves in a secure manners;
2020/05/18
Committee: IMCO
Amendment 489 #

2020/2018(INL)

Motion for a resolution
Paragraph 31
31. Takes the view that the central regulatory authority should prioritiseCalls for a better cooperation between Member States to address complex cross-border issues by working in close cooperation with anational regulators and supervisors as well as with existing network of independent National Enforcement Bodies (NEBs) or the European Consumer Centres Network;
2020/05/18
Committee: IMCO
Amendment 497 #

2020/2018(INL)

Motion for a resolution
Paragraph 32
32. Calls on the Commission to strengthen and modernise the current provisions on out-of-court settlement and court actions to allow for an effective enforcement and consumer redressconsumer redress; underlines that such measures should seek to support consumers that do not have the financial or legal means to use the court system and should not weaken the legal protections of small businesses and traders that national legal systems provide;
2020/05/18
Committee: IMCO
Amendment 502 #

2020/2018(INL)

Motion for a resolution
Paragraph 32 a (new)
32a. Calls on national regulators and the Commission to provide further advice and assistance to EUSMEs about their rights;
2020/05/18
Committee: IMCO
Amendment 518 #

2020/2018(INL)

Motion for a resolution
Annex I – part I – paragraph 4
The Digital Services Act should respect the broad framework of fundamental European rights of users and consumers, such as the protection of privacy, non-discrimination, dignity, fairness, intellectual property rights and free speech;
2020/05/18
Committee: IMCO
Amendment 528 #

2020/2018(INL)

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 1
- a revised framework with clear due diligence obligations, including on transparency and information obligations;
2020/05/18
Committee: IMCO
Amendment 530 #

2020/2018(INL)

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 2
- clear and detailed procedures and measures related to theto effectively tackle and removal ofe illegal content online, including by a harmonised legally-binding European notice-and action mechanism complemented with a stay-down obligation;
2020/05/18
Committee: IMCO
Amendment 541 #

2020/2018(INL)

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 3
- effective supervision, cooperation and deterrent sanctions;
2020/05/18
Committee: IMCO
Amendment 552 #

2020/2018(INL)

Motion for a resolution
Annex I – part II – paragraph 1 a (new)
Digital services which are closed in nature and offered in a purely business to business relationship should not be subject to the same requirements as services which are targeted at the general public or at consumers;
2020/05/18
Committee: IMCO
Amendment 556 #

2020/2018(INL)

Motion for a resolution
Annex I – part II – paragraph 2
The territorial scope of the future Digital Services Act should be extended to cover also the activities of companies and service providers established in third countries, when they offertarget or direct services or goods to consumers or users in the Union;
2020/05/18
Committee: IMCO
Amendment 561 #

2020/2018(INL)

Motion for a resolution
Annex I – part II – paragraph 4
The Digital Services Act should maintain the possibility for Member States to setseek to further harmonise consumer protection across the Union, in alignment with Directive (EU) 2019/770 and Directive (EU) 2019/771 and to maintain a higher level of consumer protection and pursue legitimate public interest objectives in accordance with EU law;
2020/05/18
Committee: IMCO
Amendment 574 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 1
- clarify to what extent new digital services, such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, cloud services, content delivery networks, and domain name services fall within the scope of the Digital Services Act;
2020/05/18
Committee: IMCO
Amendment 577 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 2
- clarify the nature of the content hosting intermediaries (text, images, video, or audio content) on the one hand, and commercial online marketplaces (selling physical and digital goods) on the other;
2020/05/18
Committee: IMCO
Amendment 578 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 2 a (new)
- clarify the distinction between passive and active hosts taking into account the jurisprudence of the Court of Justice and stipulate the conditions and criteria for hosting intermediaries to be considered active;
2020/05/18
Committee: IMCO
Amendment 588 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 4 a (new)
- refrain from seeking to define or act upon “harmful content”;
2020/05/18
Committee: IMCO
Amendment 598 #

2020/2018(INL)

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5 a (new)
- seek to codify the decisions of the European Court of Justice, where needed, and while having due regard to the main different pieces of legislation which use these definitions;
2020/05/18
Committee: IMCO
Amendment 602 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – introductory part
The Digital Services Act should introduce clear due diligence obligations, including on transparency and information obligations; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under Articles 12, 13, and 14 of the E-Commerce Directive and should cover the aspects described below:
2020/05/18
Committee: IMCO
Amendment 616 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
- that measure should apply only to business-to-business relationships and should be without prejudice to the rights of users under the GDPR, as well as the right to internet anonymity or being an unidentified user; the new general information requirements should review and further enhance Articles 5, 6 and 10 of the E-Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).
2020/05/18
Committee: IMCO
Amendment 633 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4
- to ensure that the contract terms and general conditions comply with these and all information requirements established by Union lawUnion law, including any and all relevant information requirements, including those the Unfair Contract Terms Directive, the Consumer Rights Directive and the GDPR;
2020/05/18
Committee: IMCO
Amendment 637 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5
- to specify clearly and unambiguously in their contract terms and general conditions the exactmain parameters of their AI systems and how they can affect the choice or behaviour of their usersdetermining ranking content, and the reasons and importance of those parameters as opposed to other parameters.
2020/05/18
Committee: IMCO
Amendment 639 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5 a (new)
- start all Terms and Conditions agreements and all End-User Licensing Agreements with a summary statement based on a framework and document template, to be created by the Commission.
2020/05/18
Committee: IMCO
Amendment 650 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)
- The transparency requirements should include an obligation for online platforms to inform consumers once a product they have bought has been removed from their platform following notification on its non-compliance with the EU product safety and consumer protection rules;
2020/05/18
Committee: IMCO
Amendment 654 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)
3a. Proactive complementary measures to information and transparency obligations, such as implementing ‘due diligence’ plans. Active hosts must set up and implement due diligence plan, the practical modalities of which could be established by respective national competent authorities and regulators. The plan could be based on the following principles: identifying the risks, preventing infringements through application of effective, proportionate and specific ex- ante measures, remedying the negative consequences and reporting on remedies.
2020/05/18
Committee: IMCO
Amendment 672 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
- be on a case by case basis and not require a blanket investigation of all AI systems
2020/05/18
Committee: IMCO
Amendment 674 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
- allow authorities to check algorithms when they have justified reasons to believe that it has algorithmic bias,
2020/05/18
Committee: IMCO
Amendment 676 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
- be subject to clear confidentiality and protection of trade secret rules;
2020/05/18
Committee: IMCO
Amendment 678 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
- ensure that consumers are protected by the right to be informed and the right to an explanation of AI services, in addition to the right to switch off or limit an AI system using personalization where possible;
2020/05/18
Committee: IMCO
Amendment 685 #

2020/2018(INL)

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4
The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of deterrent fines.
2020/05/18
Committee: IMCO
Amendment 704 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 1 – indent 3
- preserve the underlying legal principle that passive online intermediaries should not be held directly liable for the acts of their users and that online intermediaries can continue moderating legal content under fair and transparent terms and conditions of service, provided that they are applicable in a non- discriminatory manner;
2020/05/18
Committee: IMCO
Amendment 710 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4
- introduce new transparency and independent national oversight of the content moderation procedures and tools related to the removal of illegal content online; such systems and procedures should be available for auditing and testing by independentnational authorities. of the country of origin;
2020/05/18
Committee: IMCO
Amendment 736 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 2 – indent 7
- require notices to be sufficiently precise and adequately substantiated so as to allow the service provider receiving them to take an informed and diligent decision as regards the effect to be given to the notice and specify the requirements necessary to ensure that notices are of a good quality, thereby enabling a swift removal of illegal content; such requirement should include the name and contact details of the notice provider, the link (URL) to the allegedly illegal content in question, the stated reason for the claim including an explanation of the reasons why the notice provider considers the content to be illegal, and if necessary, depending on the type of content, additional evidence for the claim;
2020/05/18
Committee: IMCO
Amendment 742 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 2 – indent 8
- allow for the submission of anonymous complaintsnotice provider to provide their contact details, without this being required, but while recording the IP address or other equivalent of the provider in order to prevent abuse;
2020/05/18
Committee: IMCO
Amendment 747 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 2 – indent 9
- consider, when a complaint is not anonymous, a declaration of good faith that the information provided is accurate;
2020/05/18
Committee: IMCO
Amendment 759 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 2 b (new)
The Digital Service Act notice-and-action mechanism should be binding only for illegal content. This, however, should not prevent online intermediaries being able to adopt a similar notice-and-action mechanism for other content.
2020/05/18
Committee: IMCO
Amendment 761 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – subheading 1 – indent 12 a (new)
- create an obligation for the online intermediaries to take appropriate, effective and proportionate measures to ensure that identified illegal content which was rightfully taken down following a notice stays down.
2020/05/18
Committee: IMCO
Amendment 771 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – subheading 2 – indent 4 a (new)
- an out-of-court dispute settlement mechanism should meet certain standards, notably in terms of procedural fairness, a presumption of innocence or lack of malicious intent by the content provider and that abuse is avoided.
2020/05/18
Committee: IMCO
Amendment 778 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 3 – introductory part
The notice-and-action mechanisms should be transparent and available to any interested party; to that end, online intermediaries should be obliged to publish annual reports with information on:
2020/05/18
Committee: IMCO
Amendment 788 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 3 a (new)
They should be required to update this report on an annual basis where there is a significant change from one year to the next or where a provider is a "systemic platform".
2020/05/18
Committee: IMCO
Amendment 789 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 3 b (new)
The obligation to publish and the required detail of this report should take into account the size or the scale on which online intermediaries operate and whether they have only limited resources and expertise and if there is a need for effective and appropriate safeguards accompanying such mechanisms.
2020/05/18
Committee: IMCO
Amendment 798 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 5
The Digital Services Act should address the lack of legal certainty regarding the concept of active vs passive hosts. The revised measures should clarify ifthat interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit-making purposes and which amounts to adoption of the third- party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active nature.
2020/05/18
Committee: IMCO
Amendment 799 #

2020/2018(INL)

Motion for a resolution
Annex I – part V – paragraph 5 a (new)
The Digital Service Act should maintain its protections of non-active providers and other backend and infrastructure services which are not party to the contractual relations between online intermediaries and its business or private customers. Such backend services should not be held liable for actions which they did not have an active overarching decision making role and which merely implement decisions by the online intermediaries or its customers.
2020/05/18
Committee: IMCO
Amendment 835 #

2020/2018(INL)

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 7 a (new)
- explore the option that suppliers which are established in a third country have to designate a legal representative, established in the Union, who can be held accountable for the selling of products to European consumers which do not comply with Union rules of safety;
2020/05/18
Committee: IMCO
Amendment 852 #

2020/2018(INL)

Motion for a resolution
Annex I – part VII – paragraph 1 a (new)
The Digital Services Act should do so in a separate instrument than the revision of the E-Commerce Directive.
2020/05/18
Committee: IMCO
Amendment 867 #

2020/2018(INL)

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2 a (new)
- empower the Commission to impose further conditions and decisions in relation to the rules of competition, including on self-preferencing and overall vertical integration, while ensuring that both policy tools are completely independent;
2020/05/18
Committee: IMCO
Amendment 868 #

2020/2018(INL)

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2 b (new)
- reserve to the Commission the power to decide if an information society service provider is a “systemic platform” based on the conditions of the mechanism;
2020/05/18
Committee: IMCO
Amendment 891 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 1
The Digital Services Act should strengthen the internal market clause as the cornerstone of the Digital Single Market by complementing it with a new cooperation mechanism aimed at improving the cooperation and upon request and voluntary mutual assistance between Member States, in particular between the home country where the service provider is established and the host country where the provider is offering its services.
2020/05/18
Committee: IMCO
Amendment 895 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 2
The supervision and enforcement the Digital Services Act should be improved by the creation of central regulatory authority who should be responsible for overseeing compliance with the DSA and improve external monitoring, verification of platform activities, and better enforcement.deleted
2020/05/18
Committee: IMCO
Amendment 896 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 2
The supervision and enforcement the Digital Services Act should be improved by the creation of central regulatory authority who should be responsiblegiving additional powers to the national regulator of the country of origin for overseeing compliance with the DSA and improve external monitoring, verification of platform activities, and better enforcement.
2020/05/18
Committee: IMCO
Amendment 899 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 3
The central regulatory authority should prioritise cooperation between the Member Statesooperation between the Member States should be encouraged and strengthened to address complex cross- border issues; to that end, ithe Member States and the Commission should work together with the network of independent NEBs, national regulatory and supervisory authorities as well as with existing network such as the European Consumers Centres Network and have detailed and extensive enforcement powers to launch initiatives and investigations into cross-border systemic issues.
2020/05/18
Committee: IMCO
Amendment 902 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 3
The centrNational regulatory authorityies should prioritise cooperation between the Member States to address complex cross-border issues; to that end, it should work together with the network of independent NEBs and have detailed and extensive enforcement powers to launch initiatives and investigations into cross-border systemic issues.
2020/05/18
Committee: IMCO
Amendment 906 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 4
The central regulator should coordinateCommission, through the Joint Research Centre, should offer their expertise and analysis upon request, including aid during investigations, to the work of the different authorities dealing with illegal content online, enforce compliance, fines, and be able to carry out auditing of intermediaries and platforms.
2020/05/18
Committee: IMCO
Amendment 907 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 4
The central regulatorCommission should coordinate the work of the different authorities dealing with illegal content online, enforce compliance, fines, and be able to carry out auditing of intermediaries and platforms. The Commission should be provided with the adequate means to do so.
2020/05/18
Committee: IMCO
Amendment 916 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 5
The central regulator should report to the Union institutions anCommission could maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.
2020/05/18
Committee: IMCO
Amendment 918 #

2020/2018(INL)

Motion for a resolution
Annex I – part VIII – paragraph 5
The central regulator should report to the Union institutions anCommission should maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.
2020/05/18
Committee: IMCO
Amendment 28 #

2020/2017(INI)

Draft opinion
Paragraph 2
2. Calls on the Commission to include the education sectoruses of certain AI applications in the education sector that are subject to certification schemes or include sensitive personal data in the regulatory framework for high-risk AI applications given the importance of ensuring that education continues to contribute to the public good and given the high sensitivity of data on pupils, students and other learners; underlines that data sets used to train AI should be reviewed to avoid reinforcing gender stereotypes and other biases;
2020/04/15
Committee: IMCO
Amendment 72 #

2020/2017(INI)

Draft opinion
Paragraph 4
4. Stresses the importance of putting in place a proper framework for the public procurement of such services for the public sector, including for education providers, to ensure consumer choice and the respect of fundamental rights; stressesmaking full use of the public procurement directives and to train public buyers adequately, to ensure consumer choice and the respect of fundamental rights for the procurement of such services in the public sector; stresses to that effect the need for public buyers to take into account specific criteria, such as non- discrimination and data privacy, and, specifically when purchasing services for public education providers, the involvement of educators and learners;
2020/04/15
Committee: IMCO
Amendment 85 #

2020/2017(INI)

Draft opinion
Paragraph 5
5. Underlines the unreliability of the current automated means of removingat, in line with existing legal provisions, technologies using artificial intelligence can be a relevant and efficient tool in the fight against illegal content from online platforms on which audiovisual content is shared; calls for a ban on generalised moderation and automated content filter; stresses that these technologies must be used in a proportionate manner, with safeguards, and ensure the respect of fundamental rights;
2020/04/15
Committee: IMCO
Amendment 67 #

2020/2016(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Emphasises that where decision making is assisted by statistical calculations, such as at probation hearings, the decision makers need to be trained about the general biases statistical calculations carry and made aware about the specific biases of calculation in the particular situation;
2020/06/17
Committee: IMCO
Amendment 68 #

2020/2016(INI)

Draft opinion
Paragraph 7 b (new)
7 b. Recalls the right of rectification established in Regulation (EU) 2016/679 (General Data Protection Regulation) and stresses the particular importance of accurate data sets, when these are used to assist administrative decisions; calls on the Commission to examine the benefits of ensuring transparency regarding the individual data included in the particular calculation and an accompanying procedure for rectification.
2020/06/17
Committee: IMCO
Amendment 3 #

2020/2015(INI)

Draft opinion
Paragraph 1
1. Recalls the potential that AI has to deliver innovative services to businesses, consumers and the public sector; underlines that the development and use of AI in the internal market will depend onbenefit from a balanced and effective system of intellectual property rights (IPRs);
2020/05/07
Committee: IMCO
Amendment 12 #

2020/2015(INI)

Draft opinion
Paragraph 2
2. Believes that disruptive technologies such as AI offer both small and large companies the opportunity to develop market-leading products; considers that all companies shouldcan benefit from equally efficient and effective IPR protection;
2020/05/07
Committee: IMCO
Amendment 23 #

2020/2015(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission and the Member States to offer support to start-ups and SMEs via the Single Market Programme and Digital Innovation Hubs to develop and protect their products;
2020/05/07
Committee: IMCO
Amendment 28 #

2020/2015(INI)

Draft opinion
Paragraph 4 a (new)
4a. Stresses that besides protecting IPRs, it is in the interest of consumers to have legal certainty about allowed uses of protected works, especially when it comes to complicated algorithmic products;
2020/05/07
Committee: IMCO
Amendment 29 #

2020/2015(INI)

Draft opinion
Paragraph 4 b (new)
4b. Believes that to ensure the development of human-centric, trusted AI, a strong harmonized regime for whistle-blowers is needed to make sure that algorithms and data sets do not carry biases, are non-discriminatory and adhere to the ethical standards proclaimed; therefore calls on the Commission to assess in its report to the Parliament pursuant to article 27 (3) of the Directive (EU) 2019/1937 the need to revise its Annex in order to include any regulatory EU framework for AI;
2020/05/07
Committee: IMCO
Amendment 36 #

2020/2015(INI)

Draft opinion
Paragraph 6
6. Considers that where AI applications are certified, they should demonstrate transparency, explainability and adherence to ethical standards, but notes that this aim isheir adherence to ethical standards, their processes need to be transparent, and their decisions should be explainable to the extent possible, but notes that these objectives are not necessarily achieved only, or at all,solely through simple disclosure of the algorithm or code;
2020/05/07
Committee: IMCO
Amendment 42 #

2020/2015(INI)

Draft opinion
Paragraph 7
7. Calls on the Commission to consider how to assess products in a modular way or with the use of verification toolways that would allow productsthem to be adequately tested without creating risks for IPR holders due to extensive disclosure of easily replicated productinappropriate risks of potential disclosure for IPR holders.
2020/05/07
Committee: IMCO
Amendment 3 #

2020/2013(INI)

Draft opinion
Paragraph 1
1. Recalls that it follows from Directive (EU) 2018/958AI should be a human-centric technology and that humans must always bear ultimate responsibility for decision-making that involves risks to the achievement of public interest objectives; stresses that machines should not be enabled to harm the physical integrity of human beings nor to confer rights or impose legal obligations on individuals; welcomes international efforts to ban lethal autonomous weapon systems without meaningful human control and calls upon the Commission to be in the lead to support these efforts;
2020/06/05
Committee: IMCO
Amendment 6 #

2020/2013(INI)

Draft opinion
Paragraph 1 a (new)
1a. Believes that the EU 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 in line with European values and fundamental rights; considers that this is also key for the competitiveness of our European companies; calls on the Commission and Member States to cooperate with third countries to avoid their AI systems violating consumer rights and safety;
2020/06/05
Committee: IMCO
Amendment 7 #

2020/2013(INI)

Draft opinion
Paragraph 1 b (new)
1b. Calls on the Commission to increase cooperation at the international level on AI, coordinating work on AI with the OECD and promoting our future EU model on AI on the international scene; believes that the G7 and G20 are also major fora where the EU can play a determining role, as a first step to reaching a global consensus in the UN;
2020/06/05
Committee: IMCO
Amendment 22 #

2020/2013(INI)

Draft opinion
Paragraph 3
3. Recalls that the principle of proportionality needs to be respected and that questions of causality and liability need to be clarified to determine the extent to which the State as an actor in public international law, but also in exercising its own authority, can actually transfer that authority to systems based on AI, which have a certain autonomy, without breaching obligations stemming from international law, such as due process;
2020/06/05
Committee: IMCO
Amendment 26 #

2020/2013(INI)

Draft opinion
Paragraph 4
4. Urges, therefore, the Member States to assess the risks related to AI- driven technologies before automating activities connected with the exercise of State authority, such as the proper administration of justice; calls on the Member States to consider the need to provide for safeguards, foreseen in Directive (EU) 2018/958, such as supervision by a qualified professional and rules on professional ethics;
2020/06/05
Committee: IMCO
Amendment 29 #

2020/2013(INI)

Draft opinion
Paragraph 4 a (new)
4a. Recalls that the first offensive use of weapons based on artificial intelligence have been cyberattacks which directly or indirectly affect EU citizens and companies, with techniques ranging from political hacking to stealing of trade secrets; therefore urges the Member States and the Commission to take those threats seriously and invest heavily to achieve a high level of overall digital literacy, security research and use of open-source technology to reduce dependencies on third-country vendors and strengthen the single market;
2020/06/05
Committee: IMCO
Amendment 32 #

2020/2013(INI)

Draft opinion
Paragraph 4 b (new)
4b. Underlines that self-driving cars, ships and other means of transportation may ultimately operate transnationally and that this can raise new questions of interpretation and application of international law; urges the Commission to engage with international partners on this matter;
2020/06/05
Committee: IMCO
Amendment 33 #

2020/2013(INI)

Draft opinion
Paragraph 4 c (new)
4c. Considers that the development of AI also entails opportunities to improve global market surveillance and address product safety, counterfeiting and consumer protection in a much more effective way and on a large scale;
2020/06/05
Committee: IMCO
Amendment 7 #

2020/2012(INL)

Draft opinion
Paragraph 1
1. Underlines the importance of an EU regulatory framework of ethical aspects being applicable where consumers within the Union are users of or subject to an algorithmic system, irrespective of the place of establishment of the entities that develop, sell or employ the system;
2020/05/19
Committee: IMCO
Amendment 10 #

2020/2012(INL)

Draft opinion
Paragraph 2
2. Notes that the framework should apply to algorithmic systems, including the fields of artificial intelligence, machine learning, deep learning, automated and assisted decision making processes and robotics;
2020/05/19
Committee: IMCO
Amendment 13 #

2020/2012(INL)

Draft opinion
Paragraph 2 a (new)
2a. Believes that the Commission should complete a full review of the existing legislation in order to identify legislative gaps; underlines in that regard the extensive legislation already in force that guarantees for instance that products and services placed on the Union market are safe and do not harm people, respect their privacy and follow stringent environmental rules; calls on the Commission to refrain from adopting a legislative act that would double, overlap or contradict those sector-specific legislations;
2020/05/19
Committee: IMCO
Amendment 15 #

2020/2012(INL)

Draft opinion
Paragraph 2 b (new)
2b. Points out that the legislative framework introduced by Decision No 768/2008/EC1a provides for a harmonised list of obligations for producers, importers and distributors, encourages the use of standards and foresees several levels of control depending on the dangerousness of the product; considers that this framework should also apply to AI imbedded products; __________________ 1aDecision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82).
2020/05/19
Committee: IMCO
Amendment 17 #

2020/2012(INL)

Draft opinion
Paragraph 2 c (new)
2c. Considers that for the future legislation to apply, legal obligations need to be very precise and avoid to refer to general principles in order to ensure that they are implementable by economic operators;
2020/05/19
Committee: IMCO
Amendment 82 #

2020/2012(INL)

Draft opinion
Paragraph 8
8. Underlines the importance of ensuring that the interests of marginalised and vulnerable consumers and groups are adequately taken into account and represented in any future regulatory framework of ethical aspects; notes that for the purpose of analysing the impacts of algorithmic systems on consumers, access to data should be extended to appropriate parties notably independent researchers, media and civil society organisations, while fully respecting Union data protection and privacy law; recalls the importance of training and giving basic skills to consumers to deal with algorithmic systems in order to protect them from potential risks and detriment of their rights;
2020/05/19
Committee: IMCO
Amendment 91 #

2020/2012(INL)

Draft opinion
Paragraph 9
9. Underlines the importance of achieving a high-level of overall digital literacy and of training highly skilled professionals in this area ands well as ensuring the mutual recognition of such qualifications across the Union;
2020/05/19
Committee: IMCO
Amendment 123 #

2020/2012(INL)

Draft opinion
Paragraph 13
13. Calls for the establishment ofa strong coordination of Member State’s authorities, for instance through instruments such as a European market surveillance board for algorithmic systems, to ensure a level playing field and to avoid fragmentation of the internal market, to decide with a qualified majority and by secret vote in case of different decisions on algorithmic systems used in more than one Member State, as well as at the request of the majority of the national authorities;
2020/05/19
Committee: IMCO
Amendment 35 #

2020/1998(BUD)

Draft opinion
Paragraph 5
5. Welcomes the enhanced flexibility in cohesion policy – increased co- financing, anti-crisis use of EU funds - introduced in March and April 2020 and, believes that it - should also be maintained also in MFF 2021-2027 in line with core cohesion policy principles and goals;
2020/09/02
Committee: REGI
Amendment 61 #

2020/0380(COD)

Proposal for a regulation
Recital 1
(1) On 1 February 2020, the United Kingdom of Great Britain and Northern Ireland (‘United Kingdom’) left the European Union and the European Atomic Energy Community (‘Euratom’) – hereafter referred together as the ‘Union’, entering a transition period. That time- limited period was agreed as part of the Withdrawal Agreement 11 and is to last untilended on 31 December 2020. During the transition period, the Union and the United Kingdom started formal negotiations on a future relationship. _________________ 11Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (‘Withdrawal Agreement’) (OJ L 29, 31.1.2020, p. 7).
2021/03/31
Committee: REGI
Amendment 67 #

2020/0380(COD)

Proposal for a regulation
Recital 2
(2) Following tThe end of the transition period, has generated barriers to trade and to cross- border exchanges between the Union and the United Kingdom will be present. Band broad and far- reaching consequences for businesses, workers, citizens and public administrations are expected. Those consequences are unavoidable and stakeholders need to make sure that they are ready for them.
2021/03/31
Committee: REGI
Amendment 77 #

2020/0380(COD)

Proposal for a regulation
Recital 3
(3) The Union is committed to mitigating the economic, social and territorial impact of the withdrawal of the United Kingdom from the Union and to show solidarity with all Member States and regions, especially the most affected ones in such exceptional circumstances.
2021/03/31
Committee: REGI
Amendment 85 #

2020/0380(COD)

Proposal for a regulation
Recital 5
(5) For the purposes of contributing to economic, social and territorial cohesion, it is appropriate that Member States, when designing support measures, focus in particular on the regions, areas and local communities, including those dependent on fishing activities in the United Kingdom waters, that are likely to be most negatively impacted by the withdrawal of the United Kingdom. Member States may have to take specific measures notably to support businesses and economic sectors adversely affected by the withdrawal. It is therefore appropriate to provide a non-exhaustive list of the type of measures that are most likely to achieve this objective, in particular SMEs, and economic sectors, including fisheries, agri-food and transport sectors, that are adversely affected by the withdrawal and which now face barriers to trade flows, an increase in administrative and custom procedures, and greater regulatory and financial burden. It is therefore appropriate to provide a non-exhaustive list of the type of measures that are most likely to achieve this objective. Relevant regional and local authorities, economic and social partners and civil society of the territories concerned shall be involved in the process of identification of the support measures in accordance with the partnership principle laid down in Article 6 of Regulation (EU) .../… [new CPR].
2021/03/31
Committee: REGI
Amendment 93 #

2020/0380(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) For the purpose of contributing to the Union’s social and environmental targets, the Reserve should be implemented in accordance with the principles set out in the European Pillar of Social Rights and the European Green Deal and be in line with the objectives of the Paris Agreement and the UN Sustainable Development Goals.
2021/03/31
Committee: REGI
Amendment 96 #

2020/0380(COD)

Proposal for a regulation
Recital 5 b (new)
(5b) In the context of its effort to increase economic, social and territorial cohesion, the Reserve should also contribute to eliminating inequalities and promoting gender equality and gender mainstreaming as well as combatting discrimination as set out in Article 2 TEU, Article 10 TFUE and Article 21 of the Charter of Fundamental Rights of the European Union. All stakeholders involved in the implementation of the Reserve shall commit to promoting gender equality and ensure that the impact of the measures on women is taken into account.
2021/03/31
Committee: REGI
Amendment 101 #

2020/0380(COD)

Proposal for a regulation
Recital 6
(6) At the same time, it is important to clearly specify any exclusions from support provided by the Reserve. The Reserve should exclude from support the value added tax as it constitutes a Member State revenue, which offsets the related cost for the Member State budget. In order to concentrate the use of limited resources in the most efficient way, technical assistance used by the bodies responsible for the implementation of the Reserve should not be eligible for support from the Reserve. In line with the general approach for cohesion policy, expenditure linked to relocations or contrary to any applicable Union or national law should not be supported.
2021/03/31
Committee: REGI
Amendment 104 #

2020/0380(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) In view of the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement and the UN Sustainable Development Goals, the Funds and programmes will contribute to mainstream climate actions and to the achievement of an overall target of 30 % of the Union budget expenditure supporting climate objectives. The Brexit Adjustment Reserve is expected to contribute 30% of the overall financial envelope to climate objective according to the specific needs and priorities of each Member State.
2021/03/31
Committee: REGI
Amendment 109 #

2020/0380(COD)

Proposal for a regulation
Recital 7
(7) In order to take into account the immediate impact of the adverse consequences ofexpenses incurred in anticipating the withdrawal agreement of the United Kingdom from the Union on the Member States and their economies, the immediate impact of the adverse consequences of the withdrawal and the need to adopt mitigating measures, as appropriate, prior to the expiry of the transition period, the eligibility period for implementing such measures should start as from 1 Julanuary 202019 and be concentrated over a limited period of 30 monthslast until 31 December 2023.
2021/03/31
Committee: REGI
Amendment 118 #

2020/0380(COD)

Proposal for a regulation
Recital 9
(9) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union (TFEU) apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the general regime of conditionality for the protection of the Union budget in cases of generalised deficiencies as regards the rule of law and the respect for fundamental rights in the Member States, as the respect for the rule of law and the fundamental rights is an essential precondition for sound financial management and effective EU funding.
2021/03/31
Committee: REGI
Amendment 123 #

2020/0380(COD)

Proposal for a regulation
Recital 11
(11) In order to enable Member States to deploy the additional resources and to ensure sufficient financial means to swiftly implement measures under the Reserve, a substantial amount thereof should be disbursed in 2021 as pre-financing. The distribution method should take into account the importance of trade with the United Kingdom and the importance of fisheries in the United Kingdom exclusive economic zone, based on reliable and official statistics. Financial services should be excluded from the calculation of the distribution method considering the positive impact expected due to the relocalisation of several activities in the Union following the withdrawal of the United Kingdom. Given the unique nature of the event that the withdrawal of the United Kingdom from the Union constitutes and the uncertainty that has surrounded key aspects of the relationship between the United Kingdom and the Union after the expiry of the transition period, it is difficult to anticipate the appropriate measures Member States will have to take rapidly to counter the effects of the withdrawal. It is therefore necessary to grant Member States flexibility and in particular to allow the Commission to adopt the financing decision providing the pre-financing without the obligation pursuant to Article 110(2) of the Financial Regulation to provide a description of the concrete actions to be financed.
2021/03/31
Committee: REGI
Amendment 130 #

2020/0380(COD)

Proposal for a regulation
Recital 14
(14) Pursuant to paragraphs 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 201613 , there is a need to evaluate the Reserve on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member Statnational, regional and local authorities and final beneficiaries. These requirements, where appropriate, should include measurable indicators, as a basis for the evaluation of the Reserve. _________________ 13Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
2021/03/31
Committee: REGI
Amendment 137 #

2020/0380(COD)

Proposal for a regulation
Recital 15
(15) To ensure equal treatment of all Member States and consistency in the evaluation of the applications, the Commission should assess the applications in a package. It should look in particular into the eligibility and the accuracy of the expenditure declared, the direct link of the expenditure with measures taken to address the consequences of the withdrawal and the measures put in place by the Member State concerned to avoid double funding. Upon assessment of the applications for a financial contribution from the Reserve, the Commission should clear the pre- financing paid, and recover the unused amount. In order to concentrate the support on Member States most affected by the withdrawal, where the expenditure in the Member State concerned, accepted as eligible by the Commission, exceeds the amount paid as pre-financing and 0.06% of the nominal Gross National Income (GNI) for 2021 of the Member State concerned, it should be possible to allow for a further allocation from the Reserve to that Member Stata further allocation from the Reserve should be granted to Member States within the limits of the financial resources available. In order to ensure consistency with the pre-financing, the distribution method of the additional amount should also take into account the importance of trade within the limits ofUnited Kingdom in the financial resources availableternal market, based on reliable and official statistics. Given the extent of the expected economic shock, the possibility to use the amounts recovered from the pre-financing for the reimbursement of additional expenditure by Member States should be provided for.
2021/03/31
Committee: REGI
Amendment 141 #

2020/0380(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) The Commission should assist and support Member States in order to help their preparation of the measures, including on how to assess the direct link with the withdrawal of the United Kingdom from the Union.
2021/03/31
Committee: REGI
Amendment 145 #

2020/0380(COD)

Proposal for a regulation
Recital 16
(16) In order to ensure the proper functioning of shared management, Member States should establish a management and control system, designate and notify the Commission of the bodies responsible at national, regional and local level for the management of the Reserve as well as a separate independent audit body. For simplification reasons, Member States may make use of existing bodies designated and systems set up for the purpose of the management and control of cohesion policy funding or the European Union Solidarity Fund. It is necessary to specify the responsibilities of the Member States and lay down the specific requirements for the bodies designated.
2021/03/31
Committee: REGI
Amendment 146 #

2020/0380(COD)

Proposal for a regulation
Recital 16 a (new)
(16a) In order to reduce bureaucracy it is recommended to use existing techniques such as the simplified costs option to contribute to faster distribution of the financial resources
2021/03/31
Committee: REGI
Amendment 147 #

2020/0380(COD)

Proposal for a regulation
Recital 17
(17) In accordance with the Financial Regulation, Council Regulation (EC, Euratom) No 2988/9514 , Council Regulation (Euratom, EC) No 2185/9615 and Council Regulation (EU) 2017/193916 and Regulation (EU, Euratom) No 2020/2092 on a general regime of Rule of Law conditionality for the protection of the Union budget, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council17 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council18 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. _________________ 14 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1). 15Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 16Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 17Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 18 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
2021/03/31
Committee: REGI
Amendment 158 #

2020/0380(COD)

(1) ‘reference period’ means the reference period referred to in Article 63(5), point (a), of the Financial Regulation, which shall be from 1 Julanuary 202019 to 31 December 20223;
2021/03/31
Committee: REGI
Amendment 180 #

2020/0380(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point b
(b) additional amounts of EUR 1 126 162 000 shall be made available in 20245 in accordance with Article 11.
2021/03/31
Committee: REGI
Amendment 188 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. The financial contribution from the Reserve shall only support the public expenditure directly linked to measures specifically taken by Member States, regional and local authorities to contribute to the objectives referred to in Article 3, and may cover, in particular the following:
2021/03/31
Committee: REGI
Amendment 197 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) measures to support businesses and local and regional communities dependent on fishing activities in the United Kingdom waters, including measures to support fishers and operators for the permanent cessation of fishing activities as defined in [Regulation (EU) No XX/20XX (EMFAF Regulation)] and compensation for operators in the fishery and aquaculture sectors, including the processing of fishery and aquaculture products, for their income foregone or additional costs due to the withdrawal of the United Kingdom from the Union and the decreasing access to United Kingdom waters;
2021/03/31
Committee: REGI
Amendment 206 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) measures to support employment, job protection and job creation, including through short-time work schemes, up- skilling, re-skilling and training of workers in affected sectors;
2021/03/31
Committee: REGI
Amendment 213 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point f
(f) measures to facilitate regimes for certification and authorisation of products, to assist in meeting establishment requirements, to facilitate labelling and marking, for example for safety, health and environmental standards, as well as to assist in mutual recognition, including additional personnel and infrastructure, especially digital infrastructure;
2021/03/31
Committee: REGI
Amendment 217 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(ga) technical assistance for the management, monitoring, complaint resolution, and control and auditing of the Reserve;
2021/03/31
Committee: REGI
Amendment 227 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. Expenditure shall be eligible if it is incurred and paid during the reference period for measures carried out in the Member State concerned or for the benefitmost affected regions of the Member State concerned.
2021/03/31
Committee: REGI
Amendment 234 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. The measures referred to in paragraph 1 shall comply with applicable law, subject to the exceptions referred to in Article [new Article 6].
2021/03/31
Committee: REGI
Amendment 236 #

2020/0380(COD)

Proposal for a regulation
Article 5 – paragraph 5
5. Measures eligible under paragraph 1 may receive support from other Union programmes and instruments provided that such support does not cover the same cost. Members States shall consult the relevant local and regional authorities that act as managing authorities or intermediate bodies for European funds in order to avoid any overlapping of funding.
2021/03/31
Committee: REGI
Amendment 237 #

2020/0380(COD)

Proposal for a regulation
Article 5 a (new)
Article 5a State aid 1. The Commission may declare that payments made by Member States under the present Regulation are compatible with the internal market and are not subject to the notification requirements of Article 108(3) TFEU. 2. In line with the provisions of [Regulation (EU) No XX/20XX (EMFAF Regulation)], Articles 107, 108 and 109 of the Treaty on the Functioning of the European Union shall not apply to payments made by Member States, under the present Regulation, to undertakings in the fisheries and aquaculture sector, falling within the scope of Article 42 of the Treaty on the Functioning of the European Union.
2021/03/31
Committee: REGI
Amendment 243 #

2020/0380(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) technical assistance for the management, monitoring, information and communication, complaint resolution, and control and auditing of the Reserve;deleted
2021/03/31
Committee: REGI
Amendment 246 #

2020/0380(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The financial contribution from the Reserve to a Member State shall be implemented together with the relevant regional and local authorities of the territories concerned, in accordance with the partnership principle laid down in Article 6 of Regulation (EU) .../… [new CPR] and within the framework of shared management in accordance with Article 63 of the Financial Regulation.
2021/03/31
Committee: REGI
Amendment 249 #

2020/0380(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Member States, in cooperation with regional and local authorities and after consulting with the relevant economic and social partners and civil society in the areas most heavily affected, shall use the contribution from the Reserve to implement the measures referred to in Article 5 to provide non-repayable forms of support to public and/or private entities. The Union contribution shall take the form of reimbursement of eligible costs actually incurred and paid by Member States in implementing the measures.
2021/03/31
Committee: REGI
Amendment 256 #

2020/0380(COD)

Proposal for a regulation
Article 7 – paragraph 5
5. By derogation from Article 12 of the Financial Regulation, unused commitment and payment appropriations under this Regulation shall be automatically carried over and may be used until 31 December 20256. The appropriations carried over shall be consumed first in the following financial year.
2021/03/31
Committee: REGI
Amendment 266 #

2020/0380(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The Member States, in cooperation with regional and local authorities concerned and after consulting with the relevant economic and social partners and civil society of the territories concerned, shall submit an application to the Commission for a financial contribution from the Reserve by 30 September 20234. The Commission shall assess this application and establish whether additional amounts are due to Member States or any amounts should be recovered from the Member States in accordance with Article 11.
2021/03/31
Committee: REGI
Amendment 276 #

2020/0380(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Where a Member State does not submit an application for a financial contribution from the Reserve by 30 September 20234, the Commission shall recover the total amount paid as pre- financing to that Member State.
2021/03/31
Committee: REGI
Amendment 286 #

2020/0380(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point e
(e) a description of the contribution of the measures to climate change mitigation and adaptation, the reduction of the digital divide, the implementation of the European Pillar of Social Rights, the promotion of gender equality and the implementation of gender mainstreaming.
2021/03/31
Committee: REGI
Amendment 298 #

2020/0380(COD)

Proposal for a regulation
Article 11 – paragraph 3 – introductory part
3. Where the accepted amount exceeds both the amount of pre-financing and 0.06% of the nominal GNI of 2021 of the Member State concerned, an additional amount shall be due to that Member State from the allocation referred to in Article 4(3), point (b), and any amounts carried over pursuant to Article 8(4). The allocation criteria for the additional amounts to be paid by the Commission to the Member States are set out in Annex Ia.
2021/03/31
Committee: REGI
Amendment 304 #

2020/0380(COD)

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
In such a case, the Commission shall pay the amount exceeding the pre-financing paid to the Member State concerned or 0.06% of the nominal GNI of 2021, whichever is higher.
2021/03/31
Committee: REGI
Amendment 306 #

2020/0380(COD)

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Where the sum of tThe additional amounts for all due to a Member States shall not exceed the amount calculated pursuant to the first subparagraph of this paragraph exceeds the resources available according to Article 4(3), point (b), the contributions from the Reserve shall be reduced proportionately.
2021/03/31
Committee: REGI
Amendment 316 #

2020/0380(COD)

Proposal for a regulation
Article 12 – paragraph 1
Any amounts declared in the application for a financial contribution to the Commission by Member States shall be denominated in euro. Member States which have not adopted the euro as their currency shall convert the amounts in the application for financial contribution into euro using the monthly accounting exchange rates of the Commission in the month prior to the submission of the applicationduring which the expenditure is registered in the accounting systems of the Member State.
2021/03/31
Committee: REGI
Amendment 318 #

2020/0380(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point a
(a) designating, at the appropriate level of governance, one or more bodyies responsible for the management of the financial contribution from the Reserve and an independent audit body in accordance with Article 63(3) of the Financial Regulation, and supervising such bodies;
2021/03/31
Committee: REGI
Amendment 324 #

2020/0380(COD)

Proposal for a regulation
Article 13 – paragraph 3 – introductory part
3. The bodyies responsible for managing the financial contribution from the Reserve shall:
2021/03/31
Committee: REGI
Amendment 329 #

2020/0380(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. By 30 June 20267, the Commissan independent evaluation shall be carryied out an evaluation to examine the effectiveness, efficiency, relevance, coherence and EU added value of the Reserve. The Commission may make use ofshall provide all relevant information already available in accordance with Article 128 of the Financial Regulation.
2021/03/31
Committee: REGI
Amendment 332 #

2020/0380(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. By 30 June 20278, the Commissiona report of the independent evaluation on the implementation of the Reserve shall be submitted to the European Parliament and to, the Council a report on the implementationnd the Committee of the Reservegions.
2021/03/31
Committee: REGI
Amendment 338 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1
1. Each Member State’s share from pre-financing of the Brexit Adjustment Reserve is determined as the sum of a factor linked to the fish caught in the waters that belong to the UK Exclusive Economic Zone (EEZ) as well as the concessions of transfers outside of the UK EZZ, and a factor linked to trade with the UK.
2021/03/31
Committee: REGI
Amendment 340 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1
1. Each Member State’s share from pre-financing of the Brexit Adjustment Reserve is determined as the sum of a factor linked to the fish caught in the waters that belong to the UK Exclusive Economic Zone (EEZ) and a factor linked to trade with the UK in the internal market.
2021/03/31
Committee: REGI
Amendment 344 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 3 – point a
a) share of each Member State of the total value of the fish caught in the UK EEZ and the share of the total value of the concessions in the transfers of fishing opportunities caught outside UK EEZ to other Member States;
2021/03/31
Committee: REGI
Amendment 346 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 3 – point b
b) these shares are increased for Member States with fisheries that have an above average dependency on the fish caught in the UK EEZ and decreased for the ones that have a below average dependency as following: (i) for each Member State, the value of fish caught in UK EEZ as a percentage of the total value of fish caught by that Member State is expressed as an index of the EU average (index of dependency); (ii) the initial share of the value of fish caught in the UK EEZ is adjusted by multiplying it with the Member State’s index of dependency; (iii) these adjusted shares are rescaled to ensure that the sum of all Member States’ shares equals 100%.deleted
2021/03/31
Committee: REGI
Amendment 355 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 4 – point a
a) each Member State’s trade with the UK is expressed as share of the EU trade with the UK (trade is the sum of the imports and the exports of good and services, excluding financial services);
2021/03/31
Committee: REGI
Amendment 357 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 4 – point b
b) to assess the relative importance of these trade flows for each Member State, the sum of trade flows with the UK are expressed as a percentage of the Member State’s GDPoverall trade flows with the whole EU-28 and subsequently expressed as an index of the EU average (index of dependency);
2021/03/31
Committee: REGI
Amendment 363 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 4 – point f
f) the resulting shares are rescaled to ensure the sum of shares equals 100%, whereby it is ensured that no Member State can have a share higher than 25% of the EU totalfull amount of the Brexit Adjustment Reserve. The resources deducted due to this capping are redistributed to the other Member States, proportionally to their non- capped shares;
2021/03/31
Committee: REGI
Amendment 366 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 4 – point h a (new)
ha) to provide a minimum level of access to the funds from the Reserve, no Member State can receive less than EUR 5 million in 2018 prices. The resources needed to ensure this minimum amount are deducted from the other Member States' envelopes, proportionally to their shares not limited by this minimum threshold;
2021/03/31
Committee: REGI
Amendment 371 #

2020/0380(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 5 – point f
f) for GDP and for total population of the Member States the reference period shall be 2017- 2019.
2021/03/31
Committee: REGI
Amendment 375 #

2020/0380(COD)

Proposal for a regulation
Annex I a (new)
Allocation method for the additional amount of the Brexit Adjustment Reserve The additional amount of the Brexit Adjustment Reserve shall be distributed between the Member States according to the following methodology: 1. Each Member State’s share from the additional amount of the Brexit Adjustment Reserve is determined by way of a factor linked to trade with the UK in the internal market, to ensure a fair distribution of financial support over the Union to take account of the loss of trade opportunities resulting from the withdrawal from the United Kingdom from the Union. 2. The factor is obtained by applying the following steps: a) each Member State’s trade with the UK is expressed as share of the EU trade with the UK (trade is the sum of the imports and the exports of good and services , excluding financial services); b) to assess the relative importance of these trade flows for each Member State, the sum of trade flows with the UK are expressed as a percentage of the Member State’s overall trade flows with the whole EU-28 and subsequently expressed as an index of the EU average (index of dependency); c) the initial share of trade with the UK is adjusted by multiplying it with the Member State’s index of dependency; d) these adjusted shares are rescaled to ensure that the sum of all Member States’ shares equals 100%; e) the shares so obtained are adjusted by dividing them with the Member State’s GNI per capita (in purchasing power parities) expressed as a percentage of the average GNI per capita of the EU (average expressed as 100%); f) the resulting shares are rescaled to ensure the sum of shares equals 100%, whereby it is ensured that no Member State can have a share higher than 25% of the full amount of the Brexit Adjustment Reserve. The resources deducted due to this capping are redistributed to the other Member States, proportionally to their non-capped shares; g) if this calculation leads to an allocation exceeding 0.35% of a Member State’s GNI (measured in Euro), that Member State’s allocation is capped at the level of 0.35% of its GNI. The resources deducted due to this capping are redistributed to the other Member States, proportionally to their non-capped shares; h) if the calculation referred to in point g) results in an aid intensity of more than EUR 190/inhabitant, that Member State’s allocation is capped at the level corresponding to an aid intensity of EUR 190/inhabitant. The resources deducted due to this capping are distributed to the Member States not capped under points g) or h), proportionally to their shares as calculated in point g). 3. For the purposes of calculating the distribution of the additional amount of the Brexit Adjustment Reserve: a) for trade the reference period shall be 2017-2019; b) for GNI the reference period shall be 2017-2019; c) for GNI/capita (in purchasing power parities) the reference period shall be 2016-2018; d) for total population of the Member States the reference period shall be 2017- 2019.
2021/03/31
Committee: REGI
Amendment 158 #

2020/0374(COD)

Proposal for a regulation
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems, online social networking, web browsers, 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 considered irrespective of the technology used to provide such services. In this sense, virtual or voice activated assistants and other connected devices fall within the scope of this Regulation whether their software is considered 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.
2021/07/09
Committee: IMCO
Amendment 188 #

2020/0374(COD)

Proposal for a regulation
Recital 25
(25) Such an assessment can only be done in light of a market investigation, while taking into account the quantitative thresholds. In its assessment the Commission should pursue the objectives of preserving and fostering the level of innovation, the quality of digital products and services, the degree to which prices are fair and competitive, and the degree to which quality or choice for business users and for end users is or remains high. Elements that are specific to the providers of core platform services concerned, such as extreme scale economies, very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, lock-in effects, a lack of multi- homing or vertical integration, can be taken into account. The potential negative and positive impacts of these elements for business users, especially for small and medium-sized enterprises, and consumers should be taken into consideration. In addition, a very high market capitalisation, a very high ratio of equity value over profit or a very high turnover derived from end users of a single core platform service can point to the tipping of the market or leveraging potential of such providers. Together with market capitalisation, high growth rates, or decelerating growth rates read together with profitability growth, are examples of dynamic parameters that are particularly relevant to identifying such providers of core platform services that are foreseen to become entrenched. The Commission should be able to take a decision by drawing adverse inferences from facts available where the provider significantly obstructs the investigation by failing to comply with the investigative measures taken by the Commission.
2021/07/09
Committee: IMCO
Amendment 198 #

2020/0374(COD)

Proposal for a regulation
Recital 31
(31) To ensure the effectiveness of the review of gatekeeper status as well as the possibility to adjust the list of core platform services provided by a gatekeeper, the gatekeepers should inform the Commission of all of their intended and concluded acquisitions of other providers of core platform services or any oprior to their services provided within the digital sectorimplementation. 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. and under EU Merger control Regulation
2021/07/09
Committee: IMCO
Amendment 203 #

2020/0374(COD)

Proposal for a regulation
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 should specifically take into account the nature of the core platform services provided and the presence of different business models. 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.
2021/07/09
Committee: IMCO
Amendment 207 #

2020/0374(COD)

Proposal for a regulation
Recital 35
(35) The obligations laid down in this Regulation are necessary to address identified public policy concerns, there being no alternative and less restrictive measures that would effectively achieve the same result, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices.
2021/07/09
Committee: IMCO
Amendment 208 #

2020/0374(COD)

Proposal for a regulation
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end users to freely choose to opt-in to such business practices by offering a less personalised alternativebut equivalent alternative . The less personalized alternative should not be different or of degraded quality compared to the service offered to the end users who provide consent to the combining of their personal data. The possibility should cover all possible sources of personal data, including own services of the gatekeeper as well as third party websites, and should be proactively presented to the end user in an explicit, clear and straightforward manner. Consent should be given in a clear, informed and specific way by the end user who should be informed that a refusal may lead to a less personalized offer but the quality and functionnalities of the core platform service will remain unchanged.
2021/07/09
Committee: IMCO
Amendment 217 #

2020/0374(COD)

Proposal for a regulation
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services, 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 distributive 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 or less favourable ranking of the offers of business users.
2021/07/09
Committee: IMCO
Amendment 228 #

2020/0374(COD)

Proposal for a regulation
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 a business user may use. This should apply to the promotion of offers, any communications and conclusion of contracts between business users and end users. Moreover, the ability of end users to freely acquire content, subscriptions, features or other items outside the core platform services of the gatekeeper should not be undermined or restricted. In particular, it should be avoided that gatekeepers restrict end users from access to and use of such services via 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.
2021/07/09
Committee: IMCO
Amendment 235 #

2020/0374(COD)

Proposal for a regulation
Recital 39 a (new)
(39 a) The national competition authorities should gather complaints from third parties on unfair behaviours by gatekeepers that fall within the scope of this Regulation and report relevant cases to the Commission. Based on clearly defined conditions and investigation priorities, the Commission should then examine the complaints and act accordingly by, for example, opening a formal market investigation.
2021/07/09
Committee: IMCO
Amendment 239 #

2020/0374(COD)

Proposal for a regulation
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 , [1],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 ancillary and identification 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. _________________ 33Directive 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).
2021/07/09
Committee: IMCO
Amendment 247 #

2020/0374(COD)

Proposal for a regulation
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.
2021/07/09
Committee: IMCO
Amendment 258 #

2020/0374(COD)

Proposal for a regulation
Recital 46 a (new)
(46 a) Securing default positions across the main search access points of an operating system, such as the pre-installed browser, the home screen bar widget, or the voice assistant, can entrench the dominant position of an established core platform service and prevent contestability on digital markets. Even where users can change the default manually, they rarely do so, due to behavioral bias. In order to ensure contestability, end users should be able to select their preferred core platform service default through a preference menu when they set up their device. End users should be able to access such preference menu after the device is set up. A gatekeeper may not offer compensation or benefits to hardware manufacturers or network operators, or otherwise require them to offer its core platform service pre- installed or set as a default as these practices prohibit third-party business users to bid for pre-installation or for a default position.
2021/07/09
Committee: IMCO
Amendment 270 #

2020/0374(COD)

Proposal for a regulation
Recital 48 a (new)
(48 a) Gatekeepers can offer software applications or services which may be used on, or in conjunction with, a core platform service, such as operating systems or cloud computing services, offered by the same gatekeeper. If, in such circumstances, the gatekeeper prevents end users being able to use their software applications or services on, or in conjunction with, products or services of alternative providers under equal conditions as with the products or services of the gatekeeper, this could significantly undermine choice for end users and innovation by alternative providers. It should therefore be ensured that gatekeepers do not restrict to their advantage and to the detriment of alternative providers, end users and business users in choosing the products or services of alternative providers which they use in conjunction with the core platform service offered by the gatekeeper.
2021/07/09
Committee: IMCO
Amendment 307 #

2020/0374(COD)

Proposal for a regulation
Recital 57
(57) ICore platform services provided by gatekeepers, and in particular gatekeepers which provide access to software application stores, serve as an important gateway for business users that seek to reach end users. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application storcore platform services, those gatekeepers should not be allowed to impose general conditions, including pricing conditions, data usage conditions or conditions related to the licensing of rights held by the business user that would be unfair or lead to unjustified differentiation. Pricing or other general access or treatment conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application storesthe relevant core platform service; prices charged or conditions imposed by the provider of the software application storegatekeeper for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application storegatekeeper for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application store for the same service the gatekeeper offers to itself. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software application storcore platform services to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act].
2021/07/09
Committee: IMCO
Amendment 323 #

2020/0374(COD)

Proposal for a regulation
Recital 59 a (new)
(59 a) Within the implementation timeframe of their obligations, designated gatekeepers should inform the Commission about the measures implemented to achieve effectiveness. Such information should be made available to concerned third parties of undertakings regarding the protection of their business secrets.
2021/07/09
Committee: IMCO
Amendment 331 #

2020/0374(COD)

Proposal for a regulation
Recital 62
(62) In order to ensure the full and lasting achievement of the objectives of this Regulation, the Commission should be able to assess whether a provider of core platform services should be designated as a gatekeeper without meeting the quantitative thresholds laid down in this Regulation; whether systematic non- compliance by a gatekeeper warrants imposing additional remedies; and whether the list of obligations addressing unfair practices by gatekeepers should be reviewed and additional practices that are similarly unfair and limiting the contestability of digital markets should be identified; and whether the prior designation of gatekeepers or introduction of obligations has had a significant impact on business users, especially on small and medium-sized enterprises, or consumers. Such assessment should be based on market investigations to be run in an appropriate timeframe, by using clear procedures and deadlines, in order to support the ex ante effect of this Regulation on contestability and fairness in the digital sector, and to provide the requisite degree of legal certainty.
2021/07/09
Committee: IMCO
Amendment 336 #

2020/0374(COD)

Proposal for a regulation
Recital 63
(63) Following a market investigation, an undertaking providing a core platform service could be found to fulfil all of the overarching qualitative criteria for being identified as a gatekeeper. It should then, in principle, comply with all of the relevant obligations laid down by this Regulation which are appropriate and necessary to guarantee contestability. However, for gatekeepers that have been designated by the Commission as likely to enjoy an entrenched and durable position in the near future, the Commission should only impose those obligations that are necessary and appropriate to prevent that the gatekeeper concerned achieves an entrenched and durable position in its operations. With respect to such emerging gatekeepers, the Commission should take into account that this status is in principle of a temporary nature, and it should therefore be decided at a given moment whether such a provider of core platform services should be subjected to the full set of gatekeeper obligations because it has acquired an entrenched and durable position, or conditions for designation are ultimately not met and therefore all previously imposed obligations should be waived.
2021/07/09
Committee: IMCO
Amendment 340 #

2020/0374(COD)

Proposal for a regulation
Recital 64
(64) The Commission should investigate and assess whether additional behavioural, or, where appropriate, structural remedies are justified, in order to ensure that the gatekeeper cannot frustrate the objectives of this Regulation by systematic non- compliance with one or several of the obligations laid down in this Regulation, which has further strengthened its gatekeeper position. This would be the 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. The Commission should be able to impose interim measures at any time during proceedings to prevent serious or immediate damages for business users or end users.
2021/07/09
Committee: IMCO
Amendment 343 #

2020/0374(COD)

Proposal for a regulation
Recital 65 a (new)
(65 a) Interim measures can be an important tool to ensure that, while an investigation is ongoing, the infringement being investigated does not lead to serious and immediate damage for business users or end users of gatekeepers. 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, the Commission should be empowered to impose interim measures by temporarily imposing obligations to the gatekeeper concerned. These interim measures should be 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 pursuant to Article 17.
2021/07/09
Committee: IMCO
Amendment 351 #

2020/0374(COD)

Proposal for a regulation
Recital 67 a (new)
(67 a) The Commission shall, where appropriate, be entitled to require the commitments to be tested, for example, by using split-run tests and other randomised experiments, in order to optimise their effectiveness. The commitments should be reviewed after they have been in place for an appropriate period. Where the review of the commitments by the Commission shows that they have not led to effective compliance, the Commission should be entitled to require amendment or revocation thereof.
2021/07/09
Committee: IMCO
Amendment 361 #

2020/0374(COD)

Proposal for a regulation
Recital 72
(72) The Commission should be able to take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in this Regulation. Such actions should include the ability of the Commission to appoint independent external experts, such as and auditors to assist the Commission in this process, including where applicable from competent independent authorities, such as data or consumer protection authorities.
2021/07/09
Committee: IMCO
Amendment 368 #

2020/0374(COD)

Proposal for a regulation
Recital 75
(75) In the context of proceedings carried out under this Regulation, the undertakings concerned should be accorded the right to be heard by the Commission and the decisions taken should be widely publicised. While ensuring the rights to good administration and the rights of defence of the undertakings concerned, in particular, the right of access to the file and the right to be heard, it is essential that confidential informationand sensitive commercial information, which could affect the privacy of trade secrets, be protected. Furthermore, while respecting the confidentiality of the information, the Commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. Finally, under certain conditions certain business records, such as communication between lawyers and their clients, may be considered confidential if the relevant conditions are met.
2021/07/09
Committee: IMCO
Amendment 372 #

2020/0374(COD)

Proposal for a regulation
Recital 78
(78) The Commission should periodically evaluate this Regulation and closely monitor its effects on the contestability and fairness of commercial relationships in the online platform economy, in particular with a view to determining the need for amendments in light of relevant technological or commercial developments. This evaluation should include the regular review of the list of core platform services and the obligations addressed to gatekeepers as well as enforcement of these, in view of ensuring that digital markets across the Union are contestable and fair. In order to obtain a broad view of developments in the sector, the evaluation should take into account the experiences of Member States and relevant stakeholders. The Commission may in this regard also consider the opinions and reports presented to it by the Observatory on the Online Platform Economy that was first established by Commission Decision C(2018)2393 of 26 April 2018, by Eurostat, and by the national statistics offices of the countries where the service providers operate. Following the evaluation, the Commission should take appropriate measures. The Commission should to maintain a high level of protection and respect for the common EU rights and values, particularly equality and non-discrimination, as an objective when conducting the assessments and reviews of the practices and obligations provided in this Regulation.
2021/07/09
Committee: IMCO
Amendment 379 #

2020/0374(COD)

Proposal for a regulation
Recital 79 a (new)
(79 a) The Commission shall apply the provisions of this Regulation in close cooperation with the competent national competition authorities, acting within the framework of the European Competition Network, to ensure effective enforceability as well as coherent implementation of this Regulation and to facilitate the cooperation with national authorities.
2021/07/09
Committee: IMCO
Amendment 381 #

2020/0374(COD)

Proposal for a regulation
Recital 79 b (new)
(79 b) Without prejudice to the budgetary procedure and through existing financial instruments, adequate human, financial and technical resources should be allocated to the Commission to ensure that it can effectively perform its duties and exercise its powers as necessary for the enforcement of this Regulation.
2021/07/09
Committee: IMCO
Amendment 390 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 3 – point b
(b) related to electronic communications services as defined in point (4) of Article 2 of Directive (EU) 2018/1972 other than those related to number-independent interpersonal communication services as defined in point (4)(b7) of Article 2 of that Directive.
2021/07/09
Committee: IMCO
Amendment 391 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 3 a (new)
3 a. This Regulation shall not apply to the data that is used to maintain or improve security of online transactions and prevent fraud.
2021/07/09
Committee: IMCO
Amendment 392 #

2020/0374(COD)

5. In order to ensure the frictionless and coherent application of this Regulation throughout the internal market and to guarantee a fully harmonized approach, the European Commission shall be the sole enforcer and decision maker on the correct application of the rules and obligations outlined in this Regulation. 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.
2021/07/09
Committee: IMCO
Amendment 399 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 5 a (new)
5 a. In addition to Article 32a, national competition authorities shall notify the Commission at least four weeks before the opening of any formal proceedings against any provider of core platform services if there is any possible overlap with the scope of this Regulation in order to ensure close coordination and cooperation at Union and national level.
2021/07/09
Committee: IMCO
Amendment 411 #

2020/0374(COD)

Proposal for a regulation
Article 1 – paragraph 7
7. National authorities shall not take decisions which would run counter to a decision adopted by the Commission under this Regulation. The Commission and Member States shall work in close cooperation and coordination in their enforcement actions on the basis of the principles and rules established in Article 32a.
2021/07/09
Committee: IMCO
Amendment 433 #
2021/07/09
Committee: IMCO
Amendment 437 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h b (new)
(h b) virtual assistants;
2021/07/09
Committee: IMCO
Amendment 442 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
(3 a) ‘Virtual assistant’ means software that can perform tasks or services for end- users based on commands or questions;
2021/07/09
Committee: IMCO
Amendment 443 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
(3 b) ‘Web browser’ means a client software program that runs against a Web server or other Internet server and enables a user to navigate the World Wide Web to access and display data, including standalone web browsers as well as web browsers integrated or embedded in software or similar;
2021/07/09
Committee: IMCO
Amendment 445 #

2020/0374(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘Online search engine’ means a digital service as defined in point 5 of Article 2 of Regulation (EU) 2019/1150, thus excluding the search functions on other online intermediation services;
2021/07/09
Committee: IMCO
Amendment 499 #

2020/0374(COD)

Proposal for a regulation
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.
2021/07/09
Committee: IMCO
Amendment 526 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within threewo months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b).
2021/07/09
Committee: IMCO
Amendment 535 #

2020/0374(COD)

4. The Commission shall, without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3, designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6,When a provider of a core platform service fails to provide within the deadline the relevant information required to assess its designation as gatekeeper pursuant to Article 3 (2), the Commission shall be entitled to designate theat provider does not satisfy the requirements of paragraph 1as a gatekeeper based on the facts available.
2021/07/09
Committee: IMCO
Amendment 545 #

2020/0374(COD)

6. The Commission may identify as a gatekeeper, in accordance with the procedure laid down in Article 15, any provider of core platform services that meets each of the requirements of paragraph 1, but does not satisfy each of the thresholds of paragraph 2, or has presented sufficiently substantiated arguments in accordance with paragraph 4.
2021/07/09
Committee: IMCO
Amendment 554 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point d a (new)
(d a) the ability of the undertaking to implement conglomerate strategies, in particular through its vertical integration or its significant leverage in related markets;
2021/07/09
Committee: IMCO
Amendment 558 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point e a (new)
(e a) the degree of multi-homing among business users and active end users;
2021/07/09
Committee: IMCO
Amendment 574 #

2020/0374(COD)

Proposal for a regulation
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 withiand shall notify the Commission of the details of its compliance with those obligations as soon as possible, and in any case no later than six months after a core platform service has been included in the list pursuant to paragraph 7 of this Article.
2021/07/09
Committee: IMCO
Amendment 584 #

2020/0374(COD)

Proposal for a regulation
Article 4 – paragraph 2 – introductory part
2. The Commission shall regularly, and at least every 2 years, review whether the designated gatekeepers continue to satisfy the requirements laid down in Article 3(1), or whether new providers of core platform services satisfy those requirements. The regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted and if any business users, especially small and medium-sized enterprises or consumers, have been negatively impacted by the designation of a core platform service as a gatekeeper.
2021/07/09
Committee: IMCO
Amendment 602 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. ;.
2021/07/09
Committee: IMCO
Amendment 612 #

2020/0374(COD)

(b) allow business users to offer the same products or services to end users by any other means, including through third party online intermediation services and through the business users’ own direct online sales channels at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
2021/07/09
Committee: IMCO
Amendment 623 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers to or communicate with end users acquired via the core platform service, within or outside the core platform service, and to conclude contracts with these end users 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, unless the gatekeeper can demonstrate that such access bypasses the security measures of the gatekeeper's core platform service;
2021/07/09
Committee: IMCO
Amendment 624 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers to end users acquired viaor to otherwise communicate with end users within or outside 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;
2021/07/09
Committee: IMCO
Amendment 649 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identificationy ancillary services of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;
2021/07/09
Committee: IMCO
Amendment 673 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) provide individual advertisers and publishers to which it supplies advertising services, upon their request, with information concerningon the visibility and availability of advertisement portfolio as well as pricing conditions concerning the bids placed by advertisers and advertising intermediaries, the price paid by the advertiser and publisher, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
2021/07/09
Committee: IMCO
Amendment 675 #

2020/0374(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) provide advertisers and publishers to which it supplies advertising services, upon their request, and free of charge, with continuous, easy and real-time access with information concerning the price paid by the advertiser and publisher, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.,
2021/07/09
Committee: IMCO
Amendment 715 #

2020/0374(COD)

Proposal for a regulation
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 the context of 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;
2021/07/09
Committee: IMCO
Amendment 722 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) allow end users to un-install any pre-installed software applications on its core platform service and refrain from exclusively enabling its own core platform services as default services when equivalent alternative services which perform the same function can be proposed, without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
2021/07/09
Committee: IMCO
Amendment 723 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b
(b) allow end users to un-install any pre-installed software applications, and delete the accompanying collected and stored data, on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
2021/07/09
Committee: IMCO
Amendment 743 #

2020/0374(COD)

Proposal for a regulation
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;
2021/07/09
Committee: IMCO
Amendment 761 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system 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;
2021/07/09
Committee: IMCO
Amendment 762 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point e
(e) refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper, including as regards the choice of Internet access provider for end users, or using its virtual assistant;
2021/07/09
Committee: IMCO
Amendment 771 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point f
(f) allow business users, end users and providers of ancillary services a free of charge access to and interoperability with the same operating system, hardware or software features, that are available or used in the provision by the gatekeeper of any ancillary services; or industry-standard features of its core platform services; in such cases, access and interoperability conditions shall be fair, reasonable and non-discriminator;
2021/07/09
Committee: IMCO
Amendment 786 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, or third parties authorised by advertisers and publishers, upon their request and free of charge, with 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;
2021/07/09
Committee: IMCO
Amendment 803 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregated 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; ;
2021/07/09
Committee: IMCO
Amendment 805 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated orand non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ;
2021/07/09
Committee: IMCO
Amendment 814 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access and treatment for business users to its software application storecore platform services including software application store, cloud computing services, online search engines and online social networking services designated pursuant to Article 3 of this Regulation.
2021/07/09
Committee: IMCO
Amendment 820 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
(k a) provide its 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 which are used on, or in conjunction with a core service platform of the gatekeeper, and securing the reasonable expected use of the software application or services, including after its transfer to another end user if applicable. In principle, these unilateral changes do not prevent undertakings from breaking their contract and migrating to another cloud solution, but in practice this solution appears to be costly and complex and enterprises are forced to accept these contractual changes that are notfavorable to them. The purpose of the amendment is to create a new obligation that allows users to freely use their licenses when using a cloud service.
2021/07/09
Committee: IMCO
Amendment 822 #

2020/0374(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
(k a) refrain from imposing on business users or end users software applications or services which are used on, or in conjunction with a core service platform of the gatekeeper, any licensing conditions or economic terms that have the effect of limiting, in a discriminatory manner relative to the gatekeeper’s own offerings, end users’ ability or economic incentive to use software applications or services on, or in conjunction with, products or services that compete with those of the gatekeeper for instance by attributing a preferential treatment to its own offerings which would bring them forward to the attention of the end users or business users.
2021/07/09
Committee: IMCO
Amendment 847 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 1 a (new)
1 a. Within six months after its designation and in application of paragraph 8 of Article 3, the gatekeeper shall provide the Commission with a report describing in a detailed and transparent manner the measures implemented to ensure compliance with the obligations laid down in Articles 5 and 6. This report shall be updated at least annually.
2021/07/09
Committee: IMCO
Amendment 849 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 1 b (new)
1 b. Along with the report mentionned in paragraph 1a and within the same timeframe, the gatekeeper shall provide the Commission with anon-confidential summary of its report that will be published by the Commission without delay. The non-confidential summary shall be updated at least annually according to the detailed report.
2021/07/09
Committee: IMCO
Amendment 852 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Where tThe Commission finds thatmay by decision specify the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effectiveconcerned shall implement in order to compliancey with the relevant obligations laid down in Article 6, it may by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18. In view of adopting the decision, the Commission shall take into account the information provided by interested third parties, governments and relevant authorities of the Member States The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18. The Commission must be supported, where appropriate, by resources and information to address the asymmetry of information with gatekeepers.
2021/07/09
Committee: IMCO
Amendment 854 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it may act on its own initiative and may by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision wias soon as possible, and in any case no later thian six months from the opening of proceedings pursuant to Article 18.
2021/07/09
Committee: IMCO
Amendment 870 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate 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. Interested third parties that are directly implicated shall be able to provide comments on these preliminary findings.
2021/07/09
Committee: IMCO
Amendment 872 #

2020/0374(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings wias soon as possible, and in any case no later thian 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.
2021/07/09
Committee: IMCO
Amendment 890 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request. The suspension decision shall be accompanied by a reasoned statement explaining the grounds for the suspension.
2021/07/09
Committee: IMCO
Amendment 899 #

2020/0374(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Where the suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year. Following such a review the Commission shall either in whole or in part lift the suspension or decide that the conditions of paragraph 1 continue to be met.
2021/07/09
Committee: IMCO
Amendment 902 #

2020/0374(COD)

Proposal for a regulation
Article 8 – 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 economic viability of the operation of the gatekeeper in the Union as well as on third parties, in particular smaller business users and consumers. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between these interests 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.
2021/07/09
Committee: IMCO
Amendment 911 #

2020/0374(COD)

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 a (new)
Where the exemption is granted pursuant paragraph 1, the Commission shall review its exemption decision every year. Following such a review, the Commission shall either lift the exemption or decide that the conditions of paragraph 1 continue to be met.
2021/07/09
Committee: IMCO
Amendment 919 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. The delegated acts that update the obligations laid down in Articles 5 and 6 in accordance with the first subparagraph shall be limited to: (a) extending any obligation that applies to a certain core platform service or to any other core platform service listed in point (2) of Article 2; (b) specifying the manner in which the obligations of the gatekeepers under Articles 5 and 6 are to be implemented, including through the incorporation of specifications under point (2) of Article 7 into the obligations; (c) extending any obligation that identifies a certain subset of users as beneficiaries to any other subset of users as beneficiaries; (d) supplementing or amending the obligations with a view to improving the effectiveness of the application of those obligations and preventing their circumvention.
2021/07/09
Committee: IMCO
Amendment 927 #

2020/0374(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights and obligations on business users andor the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; or
2021/07/09
Committee: IMCO
Amendment 936 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of thea gatekeeper, including any undertaking to which the gatekeeper belongs, shall not engage in any behaviour regardless of whether this behaviour is of a contractual, commercial, technical or any other nature that would undermine these obligations.
2021/07/09
Committee: IMCO
Amendment 947 #

2020/0374(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. A gatekeeper shall not degrade the conditions or quality of any of the core platform services provided to business users or end users who avail themselves of the rights or choices laid down in Articles 5 and 6, or make the exercise of those rights or choices unduly difficult, including by offering choices to the end- user in a non-neutral manner, or by subverting user's autonomy, decision- making, or choice via the structure, function or manner of operation of a user interface or a part thereof.
2021/07/09
Committee: IMCO
Amendment 955 #

2020/0374(COD)

Proposal for a regulation
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.
2021/07/09
Committee: IMCO
Amendment 960 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
A gatekeeper shall inform the Commission of such a concentration 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.
2021/07/09
Committee: IMCO
Amendment 962 #

2020/0374(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 a (new)
The Commission shall make this information available to national competition authorities.
2021/07/09
Committee: IMCO
Amendment 965 #

2020/0374(COD)

Proposal for a regulation
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.
2021/07/09
Committee: IMCO
Amendment 973 #

2020/0374(COD)

Proposal for a regulation
Article 13 – paragraph 1
Within six months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. The gatekeeper shall make publicly available an overview of the audited description taking into account the limitations imposed by the requirements of business secrecy. This description and its publicly available overview shall be updated at least annually. This description shall be updated at least annually.
2021/07/09
Committee: IMCO
Amendment 986 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned wias soon as possible, and in any case no later thian six months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
2021/07/09
Committee: IMCO
Amendment 994 #

2020/0374(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. Where the provider of core platform services satisfies the thresholds set out in Article 3(2), but has presented significantly substantiated arguments in accordance with Article 3(4), the Commission shall endeavour to conclude the market investigation wias soon as possible, and in any case no later thian 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 wias soon as possible, and in any case no later thian three months from the opening of the investigation.
2021/07/09
Committee: IMCO
Amendment 1005 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Commission may conduct a market investigation for the purpose of examining whether a gatekeeper has engaged in systematic non-compliance. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in 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 wias soon as possible, and in any case no later thian twelve months from the opening of the market investigation.
2021/07/09
Committee: IMCO
Amendment 1014 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The Commission may only impose structural remedies pursuant to paragraph 1 either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the gatekeeper concerned than the structural remedy.deleted
2021/07/09
Committee: IMCO
Amendment 1028 #

2020/0374(COD)

Proposal for a regulation
Article 16 – paragraph 5
5. The Commission shall communicate its objections to the gatekeeper concerned wias soon as possible, and in any case no later thian six months from the opening of the investigation. In its objections, the Commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers necessary and proportionate.
2021/07/09
Committee: IMCO
Amendment 1044 #

2020/0374(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point b a (new)
(ba) The Commission shall be entitled to impose interim measures if there is a risk of serious and immediate damage for business users or end users of gatekeepers.
2021/07/09
Committee: IMCO
Amendment 1056 #

2020/0374(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. At the request of the Commission, the governments and authorities of the Member Statcompetent national competition authorities shall provide the Commission with all necessary information to carry out the duties assigned to it by this Regulation.
2021/07/09
Committee: IMCO
Amendment 1057 #

2020/0374(COD)

Proposal for a regulation
Article 20 – paragraph 1
The Commission mayand the competent national competition authorities, may, in accordance with Article 32a, 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, 16, 17, 25 and 26, including in relation to the monitoring, implementing and enforcing of the rules laid down in this Regulation.
2021/07/09
Committee: IMCO
Amendment 1060 #

2020/0374(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. The Commission, upon a prior notice, may conduct on- site inspections at the premises of an undertaking or association of undertakings.
2021/07/09
Committee: IMCO
Amendment 1064 #

2020/0374(COD)

Proposal for a regulation
Article 21 a (new)
Article 21 a Reporting mechanism for business users and end-users 1. Business users, competitors and end- users of the core platform services as defined in point 2 of Article 2 may, by means of a complaint, report to the competent national competition authorities any practice or behaviour by gatekeepers that falls into the scope of this Regulation, including non-compliance. The competent national competition authorities shall assess these complaints and report relevant cases to the Commission under the procedure provided for in Article 32a. 2. The Commission shall define the conditions under which the reports referred to in paragraph 1 shall be submitted to it. 3. The Commission shall have the power to set its priorities for the task of examining the reports referred to paragraph 1. Subject to this paragraph and to Article 33, the Commission may decide not to examine a report if it deems that such report is not an enforcement priority. 4. When the Commission considers a report to be an enforcement priority, it may open proceedings pursuant to Article 18 or a market investigation pursuant to Article 14.
2021/07/09
Committee: IMCO
Amendment 1067 #

2020/0374(COD)

Proposal for a regulation
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.
2021/07/09
Committee: IMCO
Amendment 1069 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 2 a (new)
2a. In the 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 more gatekeepers that could undermine contestability of core platform services or that could be unfair pursuant to Article 10(2), the Commission may impose interim measures on the concerned gatekeepers in order to avoid the materialization of such risk.
2021/07/09
Committee: IMCO
Amendment 1070 #

2020/0374(COD)

Proposal for a regulation
Article 22 – paragraph 2 b (new)
2b. A decision referred to in paragraph 1 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 any new obligations that may arise under the final decision resulting from the market investigation pursuant to Article 17.
2021/07/09
Committee: IMCO
Amendment 1074 #

2020/0374(COD)

Proposal for a regulation
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.
2021/07/09
Committee: IMCO
Amendment 1089 #

2020/0374(COD)

Proposal for a regulation
Article 25 – paragraph 3
3. In the non-compliance decision adopted pursuant to paragraph 1, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline and to provide explanations on how it plans to comply with the decisionimpose behavioural or structural remedies as necessary and proportionate to the infringement.
2021/07/09
Committee: IMCO
Amendment 1145 #

2020/0374(COD)

Proposal for a regulation
Article 32 – paragraph 1
1. The Commission shall be assisted by the Digital Markets Advisory Committee. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011. Each Member State shall appoint two representatives to the Committee. If the appointed representatives are unable to attend, other representatives may replace them. At least one of the representatives of a Member State shall be competent in matters of restrictive practices, abuses of dominant positions and other forms of unilateral conduct. Member States shall take all necessary measures to ensure the protection of confidential information by their representatives.
2021/07/09
Committee: IMCO
Amendment 1149 #

2020/0374(COD)

Proposal for a regulation
Article 32 a (new)
Article 32 a Coordination with Member States 1. In accordance with the principles laid down in Article 1, the Commission shall be the sole decision maker on the correct application of this Regulation. To ensure effective enforceability and coherent implementation, the Commission shall be supported in every possible way by the expertise of the competent national competition authorities. 2. The Commission may, therefore, ask competent national competition authorities to support any of its market investigations pursuant to this Regulation. However, competent national competition authorities shall not take decisions which run counter to a decision adopted by the Commission. 3. To this end, the Commission shall apply the provisions of this Regulation in close cooperation with the competent national competition authorities, acting within the European Competition Network as defined at point (5) of Article 2 of Directive (EU) 2019/1, in accordance with the provisions of this Article. It shall, in particular and as appropriate, make use of the European Competition Network System referred to in Article 33 of that Directive for the exchange of information. 4. Within this framework, the competent national competition authorities shall perform – inter alia – the following tasks: (a) synchronize national implementation, ensure that decisions based on this Regulation are coherent with related regulations and support the Commission in technical enforcement matters; (b) gather market intelligence on the ground and coordinate data collection and monitoring throughout the internal market including on enforcement, emerging gatekeepers, and technological trends; (c) submit complaints from business users, competitors and end-users as provided for in Article 21a to the Commission and raise awareness of specific concerns or issues emerging at national level; (d) at the request of the Commission, cooperate in the application of Articles 12, 15, 16 and 17 and otherwise assist the Commission in investigations. In this regard, the competent national competition authorities shall be entitled to exercise, mutatis mutandis, the following powers of the Commission: (i) requests for information as set out in Article 19 (ii) power to carry out interviews and take statements as set out in Article 20; and (iii) powers to conduct on-site inspections as set out in Article 21; (e) make recommendations to the Commission on the update of obligations under Articles 5 and 6 and advice the Commission in the preparation of delegated acts according to Article 10; (f) monitor the international context, generate knowledge on the developments outside the Union and share enforcement experience. 5. Member States shall ensure that their competent national competition authorities have the human, financial and technical resources that are necessary for the effective performance of their duties and exercise of their powers when applying Articles 101 and 102 TFEU as defined in paragraph 2 of this Article; 6. The Commission and the competent national competition authorities enforcing the rules referred to in Article 1(6) shall have the power to provide each other with any matter of fact or of law, including confidential information. The information supplied to the Commission may be made available to the competent national competition authorities of other Member States. The competent national competition authorities may also exchange between themselves information necessary for the assessment of a case that they are dealing with under this Regulation. 7. The competent national competition authorities shall, when acting pursuant to paragraph 3, inform the Commission in writing of the first formal investigative measure, before or immediately after the start of such measure. This information may also be made available to the competent national competition authorities of the other Member States.
2021/07/09
Committee: IMCO
Amendment 1154 #

2020/0374(COD)

Proposal for a regulation
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 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, the Commission shall wiat a gatekeeper is not complying with its obligations as laid down in Articles 5 and 6, that one or more services within the digital sector should be added to the list of core platform services pursuant to point (2) of Article 2 or that there are reasonable grounds to suspect that one or several types of practices are not effectively addressed by this Regulation and can limit the contestability of core platform services or can be unfair, the Commission shall as soon as possible, and in any case no later thian four months examine whether there are reasonable grounds to open such an investigation.
2021/07/09
Committee: IMCO
Amendment 1183 #

2020/0374(COD)

Proposal for a regulation
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:
2021/07/09
Committee: IMCO
Amendment 1192 #

2020/0374(COD)

Proposal for a regulation
Article 38 – paragraph 2
2. The evaluations shall establish whether inclusion of additional rules or deletion of the existing ones, including regarding the list of core platform services laid down in point 2 of Article 2, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.
2021/07/09
Committee: IMCO
Amendment 101 #

2020/0365(COD)

Proposal for a directive
Recital 1
(1) Council Directive 2008/114/EC17 provides for a procedure for designating European critical infrastructures in the energy and transport sectors, the disruption or destruction of which would have significant cross-border impact on at least two Member States. That Directive focused exclusively on the protection of such infrastructures. However, the evaluation of Directive 2008/114/EC conducted in 201918 found that due to the increasingly interconnected and cross-border nature of operations using critical infrastructure, protective measures relating to individual assets alone are insufficient to prevent all disruptions from taking place. Therefore, it is necessary to shift the approach towards ensuring the resilience of critical entities, that is, their ability to mitigate, absorb, accommodate to and recover from incidents that have the potential to disrupt the operations of the critical entity and the functioning of the internal market. __________________ 17Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 345, 23.12.2008, p.75). 18 SWD(2019) 308.
2021/06/01
Committee: IMCO
Amendment 105 #

2020/0365(COD)

Proposal for a directive
Recital 4
(4) The entities involved in the provision of essential services are increasingly subject to diverging requirements imposed under the laws of the Member States. The fact that some Member States have less stringent security requirements on these entities not only riskcreates heterogeneous levels of resilience across Member States impacting negatively on the maintenance of vital societal functions or economic activities across the Union, it also leads to obstacles to a level playing field and the proper functioning of the internal market. Similar types of entities are considered as critical in some Member States but not in others, and those which are identified as critical are subject to divergent requirements in different Member States. This results in additional and unnecessary administrative burdens for companies operating across borders, notably for companies active in Member States with more stringent requirements.
2021/06/01
Committee: IMCO
Amendment 110 #

2020/0365(COD)

Proposal for a directive
Recital 8
(8) Given the importance of cybersecurity for the resilience of critical entities and in the interest of consistency, a coherent approach between this Directive and Directive (EU) XX/YY of the European Parliament and of the Council20 [Proposed Directive on measures for a high common level of cybersecurity across the Union; (hereafter “NIS 2 Directive”)] is necessary wherever possible. In view of the higher frequency and particular characteristics of cyber risks, the NIS 2 Directive imposes comprehensive requirements on a large set of entities to ensure their cybersecurity. Given that cybersecurity is addressed sufficiently in the NIS 2 Directive, the matters covered by it should be excluded from the scope of this Directive, without prejudice to the particular regime for entities in the digital infrastructure sector. As a result, the supervision of entities identified as critical or equivalent to critical under this Directive, in matters that fall under the scope of the NIS2 Directive, will be a responsibility of the competent authorities designated under the NIS 2 Directive. __________________ 20[Reference to NIS 2 Directive, once adopted.]
2021/06/01
Committee: IMCO
Amendment 112 #

2020/0365(COD)

Proposal for a directive
Recital 12
(12) In order to ensure that all relevant entities are subject to those requirements and to reduce divergences in this respect, it is important to lay down harmonised rules allowing for a consistent identification of critical entities across the Union, while also allowing Member States to reflect national specificities. Therefore, criteria to identify critical entities should be laid down. In the interest of effectiveness, efficiency, consistency and legal certainty, appropriate rules should also be set on notification and cooperation relating to, as well as the legal consequences of, such identification. In order to enable the Commission to assess the correct application of this Directive, Member States should submit to the Commission, in a manner that is as detailed and specific as possible, relevant information and, in any event, the list of essential services, the number of critical entities identified for each sector and subsector referred to in the Annex and the essential service or services that each entity provides and any thresholds applied. In order to avoid divergent application of this Directive and improve the functioning of the internal market, a common list of essential services should be established by the Commission in cooperation with the Member States through the procedure for the adoption of delegated acts.
2021/06/01
Committee: IMCO
Amendment 114 #

2020/0365(COD)

Proposal for a directive
Recital 12 a (new)
(12a) The Commission should provide detailed guidelines to support Member States in identifying critical entities for each national sector and subsector referred to in the Annex and to avoid the risk of a heterogeneous implementation of the Directive.
2021/06/01
Committee: IMCO
Amendment 124 #

2020/0365(COD)

Proposal for a directive
Article 1 – paragraph 1 – introductory part
1. This Directive lays down measures with a view to achieve a high level of resilience of critical entities within the Union in order to ensure an effective provision of essential services and to improve the functioning of the internal market. To that end, this Directive:
2021/06/01
Committee: IMCO
Amendment 129 #

2020/0365(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
(2) “resilience” means the ability to prevent, resist, manage, mitigate, absorb, accommodate to and recover from an incident that disrupts or has the potential to disrupt the operations of a critical entity;
2021/06/01
Committee: IMCO
Amendment 135 #

2020/0365(COD)

Proposal for a directive
Article 3 – paragraph 1
1. Each Member State shall adopt by [threewo years after entry into force of this Directive] a strategy for reinforcing the resilience of critical entities. This strategy shall set out strategic objectives and policy measures with a view to achieving and maintaining a high level of resilience on the part of those critical entities and covering at least the sectors referred to in the Annex.
2021/06/01
Committee: IMCO
Amendment 136 #

2020/0365(COD)

Proposal for a directive
Article 3 – paragraph 2 – point a
(a) strategic objectives and priorities for the purposes of enhancing the overall resilience of critical entities taking into account cross-border and cross-sectoral interdependencies and the connections in the supply chains;
2021/06/01
Committee: IMCO
Amendment 137 #

2020/0365(COD)

Proposal for a directive
Article 3 – paragraph 2 – point c
(c) a description of measures necessary to enhance the overall resilience of critical entities, including a national risk assessment, the identification of critical entities and of entities equivalent to critical entities, and the measures to support critical entities taken in accordance with this Chapter including measures to enhance cooperation between the public and private entities;
2021/06/01
Committee: IMCO
Amendment 138 #

2020/0365(COD)

Proposal for a directive
Article 3 – paragraph 2 – point d a (new)
(da) a policy framework addressing specific needs of SMEs in complying with obligations set by this Directive in relation to guidance and support in improving their resilience to non-cybersecurity threats and incentivising the adoption of necessary measures;
2021/06/01
Committee: IMCO
Amendment 139 #

2020/0365(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Competent authorities designated pursuant to Article 8 shall establish a list of essential services in the sectors referred to in the Annex. TheyThe Commission is empowered to adopt a delegated act in accordance with Article 21 in order to establish a list of essential services in the sectors, subsectors and types of entities referred to in the Annex. The Commission shall adopt the delegated act no later than six months following the date of entry into force of this Directive. Competent authorities designated pursuant to Article 8 shall carry out by [three years after entry into force of this Directive], and subsequently where necessary, and at least every four years, an assessment of all relevant risks that may affect the provision of those essential services listed in the delegated act, with a view to identifying critical entities in accordance with Article 5(1), and assisting those critical entities to take measures pursuant to Article 11.
2021/06/01
Committee: IMCO
Amendment 142 #

2020/0365(COD)

Proposal for a directive
Article 4 – paragraph 2 – point c
(c) any risks arising from the dependencies between the sectors referred to in the Annex, including from other Member States and third countries, and the impact that a disruption in one sector may have on other sectors and the internal market;
2021/06/01
Committee: IMCO
Amendment 143 #

2020/0365(COD)

Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
For the purposes of point (c) of the first subparagraph, Member States shall closely cooperate with the Commission and the competent authorities of other Member States and third countries, as appropriate.
2021/06/01
Committee: IMCO
Amendment 145 #

2020/0365(COD)

Proposal for a directive
Article 4 – paragraph 5
5. The Commission mayshall, in cooperation with the Member States, develop a voluntary common reporting template for the purposes of complying with paragraph 4.
2021/06/01
Committee: IMCO
Amendment 148 #

2020/0365(COD)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 a (new)
The Commission shall provide detailed guidelines to support Member States in identifying critical entities for each sector, subsector and types of entities referred to in the Annex.
2021/06/01
Committee: IMCO
Amendment 150 #

2020/0365(COD)

Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 a (new)
When establishing the list of critical entities under this Directive, Member States shall develop a coherent approach in relation to the NIS 2 Directive, taking into account its scope. Member States shall ensure that essential entities falling in Annex I of the NIS 2 Directive, but that are not identified as critical entities under this Directive, enhance, where appropriate, the resilience of their essential services to non-cybersecurity attacks, threats or incidents.
2021/06/01
Committee: IMCO
Amendment 152 #

2020/0365(COD)

Proposal for a directive
Article 5 – paragraph 6
6. For the purposes of Chapter IV, Member States shall ensure that critical entities, following the notification referred in paragraph 3, provide information to their competent authorities designated pursuant to Article 8 of this Directive on whether they provide essential services to or in more than one third ofthree Member States. Where that is so, the Member State concerned shall notify, without undue delay, to the Commission the identity of those critical entities.
2021/06/01
Committee: IMCO
Amendment 155 #

2020/0365(COD)

Proposal for a directive
Article 6 – paragraph 1 – point e
(e) the geographic area that could be affected by an incident, including any cross-border and cross-sector impacts;
2021/06/01
Committee: IMCO
Amendment 157 #

2020/0365(COD)

Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
(ba) the geographical coverage of the services provided by the critical entities in each sector, including information on any cross-border impacts;
2021/06/01
Committee: IMCO
Amendment 160 #

2020/0365(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall support critical entities in enhancing their resilience. That support may include developing guidelines and guidance materials and methodologies, supporting the organisation of exercises to test their resilience and providing periodic training to personnel of critical entities.
2021/06/01
Committee: IMCO
Amendment 167 #

2020/0365(COD)

Proposal for a directive
Article 11 – paragraph 1 – point f
(f) raise awareness about the measures referred to in points (a) to (e) among relevant personnel also through training.
2021/06/01
Committee: IMCO
Amendment 175 #

2020/0365(COD)

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 a (new)
If the incident has, or may have, a significant impact on critical entities or the continuity of the provision of essential services in more than three Member States, critical entities of particular European significance shall additionally notify such incidents to the Commission. The Commission shall inform the Critical Entities Resilience Group of any such notifications without undue delay. The Commission and the Critical Entities Resilience Group shall, in accordance with Union law, treat the information in a way that respects its confidentiality and protects the security and commercial interest of the critical entity concerned.
2021/06/01
Committee: IMCO
Amendment 180 #

2020/0365(COD)

Proposal for a directive
Article 13 – paragraph 2 – point c a (new)
(ca) the impact on the functioning of the internal market
2021/06/01
Committee: IMCO
Amendment 183 #

2020/0365(COD)

Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1 a (new)
The competent authority shall inform the public of the incident where it determines that it would be in the public interest to do so. The competent authority shall ensure that critical entities inform users of their services that could be affected by the incident and where relevant, of any possible safety measures or remedies.
2021/06/01
Committee: IMCO
Amendment 185 #

2020/0365(COD)

Proposal for a directive
Article 14 – paragraph 2
2. An entity shall be considered a critical entity of particular European significance when it has been identified as a critical entity and it provides essential services to or in more than one third ofthree Member States and has been notified as such to the Commission pursuant to Article 5(1) and (6), respectively.
2021/06/01
Committee: IMCO
Amendment 191 #

2020/0365(COD)

Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1
The Critical Entities Resilience Group shall be composed of representatives of the Member States and the Commission. Where relevant for the performance of its tasks, the Critical Entities Resilience Group may invite representatives of interested parties and stakeholders to participate in its work.
2021/06/01
Committee: IMCO
Amendment 192 #

2020/0365(COD)

Proposal for a directive
Article 16 – paragraph 3 – point a
(a) supporting the Commission in assisting Member States in reinforcing their capacity to contribute to ensuring the resilience of critical entities in accordance with this Directive and promoting its uniform implementation in the Member States;
2021/06/01
Committee: IMCO
Amendment 193 #

2020/0365(COD)

Proposal for a directive
Article 16 – paragraph 3 – point b
(b) evaluating the national strategies on the resilience of critical entities referred to in Article 3, the Member States preparedness and identifying best practices in respect of those strategies;
2021/06/01
Committee: IMCO
Amendment 194 #

2020/0365(COD)

Proposal for a directive
Article 16 – paragraph 3 – point b a (new)
(ba) exchanging information on political priorities and key challenges relating to the resilience of critical entities;
2021/06/01
Committee: IMCO
Amendment 195 #

2020/0365(COD)

Proposal for a directive
Article 16 – paragraph 3 – point c
(c) facilitating the exchange of information and best practices with regard to the identification of critical entities by the Member States in accordance with Article 5, including in relation to cross- border dependencies and regarding risks and incidents;
2021/06/01
Committee: IMCO
Amendment 196 #

2020/0365(COD)

Proposal for a directive
Article 16 – paragraph 3 – point h a (new)
(ha) promoting and supporting coordinated risk assessments and joint actions among critical entities;
2021/06/01
Committee: IMCO
Amendment 198 #

2020/0365(COD)

Proposal for a directive
Article 16 – paragraph 4
4. By [124 months after entry into force of this Directive] and every two years thereafter, the Critical Entities Resilience Group shall establish a work programme in respect of actions to be undertaken to implement its objectives and tasks, which shall be consistent with the requirements and objectives of this Directive.
2021/06/01
Committee: IMCO
Amendment 199 #

2020/0365(COD)

Proposal for a directive
Article 16 – paragraph 7
7. The Commission shall provide to the Critical Entities Resilience Group a summary report of the information provided by the Member States pursuant to Articles 3(3) and 4(4) by [three years and six months after entry into force of this Directive] and subsequently where necessary and at least every four years. The Commission shall regularly publish a summary report of the activities of the Critical Entities Resilience Group.
2021/06/01
Committee: IMCO
Amendment 200 #

2020/0365(COD)

Proposal for a directive
Article 21 – paragraph 6
6. A delegated act adopted pursuant to Article 11(4) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of twohree 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 twohree months at the initiative of the European Parliament or of the Council.
2021/06/01
Committee: IMCO
Amendment 194 #

2020/0361(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) As Party to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), provisions of the Convention are integral part of the Union legal order and binding upon the Union and its Member States. The UN CRPD requires its Parties to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas. General Comment No2 to the UN CRPD further states that “The strict application of universal design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity.” Given the ever-growing importance of digital services and platforms in private and public life, in line with the obligations enshrined in the UN CRPD, the EU must ensure a regulatory framework for digital services which protects rights of all recipients of services, including persons with disabilities.
2021/07/08
Committee: IMCO
Amendment 199 #

2020/0361(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) Given the cross-border nature of the services at stake, Union action to harmonise accessibility requirements for intermediary services across the internal market is vital to avoid market fragmentation and ensure that equal right to access and choice of those services by all consumers and other recipients of services, including by persons with disabilities, is protected throughout the Union. Lack of harmonised accessibility requirements for digital services and platforms will also create barriers for the implementation of existing Union legislation on accessibility, as many of the services falling under those laws will rely on intermediary services to reach end- users. Therefore, accessibility requirements for intermediary services, including their user interfaces, must be consistent with existing Union accessibility legislation, such as the European Accessibility Act and the Web Accessibility Directive, so that no one is left behind as result of digital innovation. This aim is in line with the Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 and the Union’s commitment to the United Nations’ Sustainable Development Goals.
2021/07/08
Committee: IMCO
Amendment 201 #

2020/0361(COD)

Proposal for a regulation
Recital 5 b (new)
(5b) The notions of ‘access’ or ‘accessibility’ are often referred to with the meaning of affordability (financial access), availability, or in relation to access to data, use of network, etc. It is important to distinguish these from ‘accessibility for persons with disabilities’ which means that services, technologies and products are perceivable, operable, understandable and robust for persons with disabilities.
2021/07/08
Committee: IMCO
Amendment 214 #

2020/0361(COD)

Proposal for a regulation
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, among others, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level. To assist Member States and providers, the Commission should provide guidelines as to how to interpret the interaction between different Union acts and how to prevent any duplication of requirements on providers or potential conflicts in the interpretation of similar requirements. __________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
2021/07/08
Committee: IMCO
Amendment 216 #

2020/0361(COD)

Proposal for a regulation
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. This regulation should also respect the competences of Member States to adopt laws promoting freedom and pluralism of the media as well as cultural and linguistic diversity. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level. __________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
2021/07/08
Committee: IMCO
Amendment 219 #

2020/0361(COD)

Proposal for a regulation
Recital 10
(10) For reasons of clarity, it should also be specified that this Regulation is without prejudice to Regulation (EU) 2019/1148 of the European Parliament and of the Council30 and Regulation (EU) 2019/1150 of the European Parliament and of the Council,31 , Directive 2002/58/EC of the European Parliament and of the Council32 and Regulation […/…] on temporary derogation from certain provisions of Directive 2002/58/EC33 as well as Union law on consumer protection, in particular Directive 2005/29/EC of the European Parliament and of the Council34 , Directive 2011/83/EU of the European Parliament and of the Council.35 Directive (EU) 2019/882 of the European Parliament and of the Council, and Directive 93/13/EEC of the European Parliament and of the Council36 , as amended by Directive (EU) 2019/2161 of the European Parliament and of the Council37 , and on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council.38 The protection of individuals with regard to the processing of personal data is solely governed by the rules of Union law on that subject, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC. This Regulation is also without prejudice to the rules of Union law on working conditions. __________________ 30Regulation (EU) 2019/1148 of the European Parliament and of the Council on the marketing and use of explosives precursors, amending Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013 (OJ L 186, 11.7.2019, p. 1). 31 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). 32Directive 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. 33Regulation […/…] on temporary derogation from certain provisions of Directive 2002/58/EC. 34Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 35Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council. 36Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. 37Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules 38Regulation (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).
2021/07/08
Committee: IMCO
Amendment 221 #

2020/0361(COD)

Proposal for a regulation
Recital 11
(11) It should be clarified that this Regulation is without prejudice to the rules of Union law on copyright and related rights, in particular Directive (EU) 2019/790 on Copyright and Related Rights in Digital Single Market, which establish specific rules and procedures that should remain unaffected.
2021/07/08
Committee: IMCO
Amendment 227 #

2020/0361(COD)

Proposal for a regulation
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable lawUnion or national law as a result of its display on an intermediary service is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegaldue to its direct connection to or promotion of an illegal activity, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non- compliant or counterfeit products, illegal trading of animals, plants and substances, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
2021/07/08
Committee: IMCO
Amendment 230 #

2020/0361(COD)

Proposal for a regulation
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law, including the EU Charter on Fundamental Rights and what the precise nature or subject matter is of the law in question.
2021/07/08
Committee: IMCO
Amendment 239 #

2020/0361(COD)

Proposal for a regulation
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.
2021/07/08
Committee: IMCO
Amendment 243 #

2020/0361(COD)

Proposal for a regulation
Recital 13 b (new)
(13b) For the purpose of this Regulation, a cloud computing service should not considered as an ‘online platform’ where allowing the dissemination of hyperlinks to a specific content is a minor and ancillary feature. Moreover a cloud computing service when serving as infrastructure, for example as the underlining infrastructural storage and computing services of an internet- based application or online platform, should not in itself be seen as disseminating to the public information stored or processed at the request of a recipient of an application or online platform which it hosts.
2021/07/08
Committee: IMCO
Amendment 244 #

2020/0361(COD)

Proposal for a regulation
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a large or potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. Accordingly, where access to information requires registration or admission to a user group, such information should only be considered to be publicly available when users seeking to access such information are automatically registered or admitted without human intervention to decide or select the users to whom access is granted. The mere possibility to create groups of users of a given service, including a messaging service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finlimited number of pre- determined persons taking into account the potential for groups to become tools for wide dissemination of content to the public. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outside the scope of this Regulation where they do not meet the above criteria for "dissemination to the public". Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. File-sharing services and other cloud services fall within the scope of this Regulation, to the extent that such services are used to make the stored information available to the public at the direct request of the content provider. __________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
2021/07/08
Committee: IMCO
Amendment 273 #

2020/0361(COD)

Proposal for a regulation
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content. As long as providers act upon obtaining actual knowledge, providers should maintain the exemptions from liability referred to in article 3, 4, and 5, even when under taking voluntary own-initiative investigations or actions in line with Article 27.
2021/07/08
Committee: IMCO
Amendment 285 #

2020/0361(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online marketplaces which are online platforms that allow consumers to conclude distance contracts with traders on the online platform itself, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platformmarketplaces present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. This may include the storage, packing and shipment of a good from a warehouse under the control of the online marketplace. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well- informed consumer.
2021/07/08
Committee: IMCO
Amendment 298 #

2020/0361(COD)

Proposal for a regulation
Recital 25
(25) In order to create legal certainty and not to discourage activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner. Similarly, measures taken to enforce a provider's terms and conditions should not lead to the unavailability of the exemptions. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability. Therefore, any such activities and measures that a given provider may have taken in order to detect, identify and act against illegal content on a voluntary basis or to enforce a provider's terms and conditions and the transparency reporting related to those actions should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.
2021/07/08
Committee: IMCO
Amendment 299 #

2020/0361(COD)

Proposal for a regulation
Recital 25
(25) In order to create legal certainty and not to discourage activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability. Therefore, any such activities and measures that a given provider may have taken in order to detect, identify and act against illegal content on a voluntary basis should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.
2021/07/08
Committee: IMCO
Amendment 301 #

2020/0361(COD)

Proposal for a regulation
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;
2021/06/24
Committee: ITRE
Amendment 309 #

2020/0361(COD)

Proposal for a regulation
Recital 27
(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be and among others, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, Virtual Private Networks, or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service.
2021/07/08
Committee: IMCO
Amendment 312 #

2020/0361(COD)

Proposal for a regulation
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case, where set down in Union acts and, in particular, does not affect orders by national authorities in accordance with national legislation that implements Union acts, in accordance with the conditions established in this Regulation and other Union law regarded as lex specialis. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content. Equally, nothing in this Regulation should prevent providers from enacting end-to-end encrypting of their services.
2021/07/08
Committee: IMCO
Amendment 313 #

2020/0361(COD)

Proposal for a regulation
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content. This should be without prejudice to decisions of Member States to require service providers, who host information provided by users of their service, to apply due diligence measures.
2021/07/08
Committee: IMCO
Amendment 314 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
1 a. The information provided shall be broken down per Member State in which services are offered and in the Union as a whole.
2021/06/24
Committee: ITRE
Amendment 316 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Paragraphs 1 and 1a shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
2021/06/24
Committee: ITRE
Amendment 322 #

2020/0361(COD)

Proposal for a regulation
Recital 29
(29) Depending on the legal system of each Member State and the field of law at issue, national judicial or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. The national laws in conformity with the Union law, including the EU Charter on Fundamental Rights 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 thensure the effective processing of those orders.
2021/07/08
Committee: IMCO
Amendment 324 #

2020/0361(COD)

Proposal for a regulation
Recital 29
(29) Depending on the legal system of each Member State and the field of law at issue, national judicial or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. The national laws on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations. In order to ensure that those orders can be complied with in an effective and efficient manner, so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens, without unduly affecting the rights and legitimate interests of any third parties, it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to the effective processing of those orders.
2021/07/08
Committee: IMCO
Amendment 327 #

2020/0361(COD)

Proposal for a regulation
Recital 30
(30) Orders to act against illegal content or to provide information should be issued in compliance with Union law, in particular Regulation (EU) 2016/679 and the prohibition of general obligations to monitor information or to actively seek facts or circumstances indicating illegal activity laid down in this Regulation. The conditions and requirements laid down in this Regulation which apply to orders to act against illegal content are without prejudice to other Union acts providing for similar systems for acting against specific types of illegal content, such as Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online], or Regulation (EU) 2017/2394 that confers specific powers to order the provision of information on Member State consumer law enforcement authorities, whilst the conditions and requirements that apply to orders to provide information are without prejudice to other Union acts providing for similar relevant rules for specific sectors. Those conditions and requirements should be without prejudice to retention and preservation rules under applicable national law, in conformity with Union law and confidentiality requests by law enforcement authorities related to the non- disclosure of information. Nevertheless, the same relevant protections for providers and users granted in the Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online] should be provided here in order to ensure equivalent rules and protections for all types of content and information covered by such orders. This includes the ability of a provider to challenge an order before its Digital Services Coordinator of establishment and to seek a decision as to the effect to be given to the order. Digital Services Coordinator of establishment should be able to take a decision to suspend or limit the application of the order, where it views it as in conflict with Union or its national law.
2021/07/08
Committee: IMCO
Amendment 328 #

2020/0361(COD)

Proposal for a regulation
Recital 30
(30) Orders to act against illegal content or to provide information should be issued in compliance with Union law, including the EU Charter on Fundamental Rights and in particular Regulation (EU) 2016/679 and the prohibition of general obligations to monitor information or to actively seek facts or circumstances indicating illegal activity laid down in this Regulation. The competent authorities of Member States should be able to object to the Board orders to act against illegal content, that they consider are in breach of the Union law, including the Charter. The procedure for objection should be simplified and fast-tracked when such orders are issued from an administrative or judicial authority of a Member State that is under an Article 7 procedure for infringement of European values according to Article 2 of TEU. The conditions and requirements laid down in this Regulation which apply to orders to act against illegal content are without prejudice to other Union acts providing for similar systems for acting against specific types of illegal content, such as Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online], or Regulation (EU) 2017/2394 that confers specific powers to order the provision of information on Member State consumer law enforcement authorities, whilst the conditions and requirements that apply to orders to provide information are without prejudice to other Union acts providing for similar relevant rules for specific sectors. Those conditions and requirements should be without prejudice to retention and preservation rules under applicable national law, in conformity with Union law and confidentiality requests by law enforcement authorities related to the non- disclosure of information.
2021/07/08
Committee: IMCO
Amendment 333 #

2020/0361(COD)

Proposal for a regulation
Recital 31
(31) The territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable Union or national law in conformity with the Union law, including the EU Charter on Fundamental Rights enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. In that regard, the national judicial or administrative authority issuing the order should balance the objective that the order seeks to achieve, in accordance with the legal basis enabling its issuance, with the rights and legitimate interests of all third parties that may be affected by the order, in particular their fundamental rights under the Charter. In addition, where the order referring to the specific information may have effects beyond the territory of the Member State of the authority concerned, the authority should assess whether the information at issue is likely to constitute illegal content in other Member States concerned and, where relevant, take account of the relevant rules of national, Union law or international law and the interests of international comity.
2021/07/08
Committee: IMCO
Amendment 339 #

2020/0361(COD)

Proposal for a regulation
Recital 33
(33) Orders to act against illegal content and to provide information are subject to the rules safeguarding the competence of the Member State where the service provider addressed is established and laying down possible derogations from that competence in certain cases, set out in Article 3 of Directive 2000/31/EC, only if the conditions of that Article are met. Given that the orders in question relate to specific items of illegal content and information as defined in Union or national law in conformity with the Union law, including the EU Charter on Fundamental Rights, respectively, where they are addressed to providers of intermediary services established in another Member State, they do not in principle restrict those providers’ freedom to provide their services across borders. Therefore, the rules set out in Article 3 of Directive 2000/31/EC, including those regarding the need to justify measures derogating from the competence of the Member State where the service provider is established on certain specified grounds and regarding the notification of such measures, do not apply in respect of those orders.
2021/07/08
Committee: IMCO
Amendment 354 #

2020/0361(COD)

Proposal for a regulation
Recital 35 a (new)
(35a) Similarly, in order to ensure that the obligations are only applied to those providers of intermediary services where the benefit would outweigh the burden on the provider, the Commission should be empowered to issue a waiver to the requirements of Chapter III, in whole or in parts, to those providers of intermediary services that are non-for- profit or equivalent and serve a manifestly positive role in the public interest, or are SMEs without any systemic risk related to illegal content. The providers should present justified reasons for why they should be issued a waiver. The Commission should examine such an application and has the authority to issue or revoke a waiver at any time. The Commission should maintain a public list of all waiver issued and their conditions containing a description on why the provider is justified a waiver.
2021/07/08
Committee: IMCO
Amendment 355 #

2020/0361(COD)

Proposal for a regulation
Recital 36
(36) In order to facilitate smooth and efficient communications relating to matters covered by this Regulation, providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact, including the languages to be used in such communications. The point of contact can also be used by trusted flaggers and by professional entities which are under a specific relationship with the provider of intermediary services. This contact point maybe the same contact point as required under other Union acts. In contrast to the legal representative, the point of contact should serve operational purposes and should not necessarily have to have a physical location .
2021/07/08
Committee: IMCO
Amendment 359 #

2020/0361(COD)

Proposal for a regulation
Recital 37
(37) Providers of intermediary services that are established in a third country that offer services in the Union should designate a sufficiently mandated legal representative in the Union and provide information relating to their legal representatives, so as to allow for the effective oversight and, where necessary, enforcement of this Regulation in relation to those providers. It should be possible for the legal representative to also function as point of contact, provided the relevant requirements of this Regulation are complied with. Where providers of intermediary services that are established in a third country chooses not to do not, it becomes subject to the jurisdiction of all Member States, in accordance with Article 40(3).
2021/07/08
Committee: IMCO
Amendment 363 #

2020/0361(COD)

Proposal for a regulation
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. At the same time, recipients should enter into such agreements willingly without any misleading or coercive tactics and therefore a ban on dark patterns should be introduced.
2021/07/08
Committee: IMCO
Amendment 368 #

2020/0361(COD)

Proposal for a regulation
Recital 38 a (new)
(38a) While an additional requirement should apply to very large online platform, all providers should do a general self-assessment of potential risk related to their services, especially in relations with minors and should take voluntary mitigation measures where appropriate. In order to ensure that the provider undertakes these actions, Digital Services Coordinators may ask for proof.
2021/07/08
Committee: IMCO
Amendment 369 #

2020/0361(COD)

Proposal for a regulation
Recital 39
(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in Commission Recommendation 2003/361/EC.40 which do not also qualify as very large online platforms. In any public versions of such reports, providers of intermediary services should remove any information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions. __________________ 40 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
2021/07/08
Committee: IMCO
Amendment 377 #

2020/0361(COD)

Proposal for a regulation
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. 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.
2021/07/08
Committee: IMCO
Amendment 387 #

2020/0361(COD)

Proposal for a regulation
Recital 41 a (new)
(41a) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, either because it is illegal or is not allowed under its terms and conditions, it should do so in a timely manner, taking into account the potential harm the infraction and the technical abilities of the provider. Information that could have a negative effect on minors, women and vulnerable users such as those with protected characteristics under Article 21 of the Charter should be seen as a matter requiring urgency.
2021/07/08
Committee: IMCO
Amendment 394 #

2020/0361(COD)

Proposal for a regulation
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that have been 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.
2021/07/08
Committee: IMCO
Amendment 404 #

2020/0361(COD)

Proposal for a regulation
Recital 44
(44) Recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. Therefore, online platforms should be required to provide for internal complaint-handling systems, which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. In addition, provision should be made for the possibility of entering, in good faith, an out-of-court dispute settlement of disputes, including those that could not be resolved in satisfactory manner through the internal complaint-handling systems, by certified bodies located in either the Member State of the recipient or the provider and that have the requisite independence, means and expertise to carry out their activities in a fair, swift and cost- effective manner. The possibilities to contest decisions of online platforms thus created should complement, yet leave unaffected in all respects, the possibility to seek judicial redress in accordance with the laws of the Member State concerned.
2021/07/08
Committee: IMCO
Amendment 412 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 4 a (new)
4 a. Member States can acknowledge trusted flaggers recognized in another Member State as a trusted flagger on their own territory. Trusted flaggers can be awarded the status of European trusted flagger;
2021/06/24
Committee: ITRE
Amendment 412 #

2020/0361(COD)

Proposal for a regulation
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should normally only be awarded to non-governmental entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities, however, can be public in nature for actions not related to intellectual property rights, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, non- governmental organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
2021/07/08
Committee: IMCO
Amendment 415 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 7
7. The Commission, after consulting the Board, mayshall issue guidance to assist online platforms and Digital Services Coordinators in the application of paragraphs 2, 5 and 6.
2021/06/24
Committee: ITRE
Amendment 422 #

2020/0361(COD)

Proposal for a regulation
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and, proportionate and effective safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
2021/07/08
Committee: IMCO
Amendment 423 #

2020/0361(COD)

Proposal for a regulation
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and, proportionate and effective safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
2021/07/08
Committee: IMCO
Amendment 426 #

2020/0361(COD)

Proposal for a regulation
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a an imminent threat to the life or safety of person, notably when it concerns vulnerable users, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing upon request all relevant information available to it, including where relevant the content in question and an explanation of its suspicion and unless instructed otherwise, should remove or disable the content. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
2021/07/08
Committee: IMCO
Amendment 429 #

2020/0361(COD)

Proposal for a regulation
Recital 48
(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, notably when it concerns vulnerable users, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
2021/07/08
Committee: IMCO
Amendment 433 #

2020/0361(COD)

Proposal for a regulation
Recital 48 a (new)
(48a) Where an online platform becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it should remove or disable the content and promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all available relevant information.
2021/07/08
Committee: IMCO
Amendment 437 #

2020/0361(COD)

Proposal for a regulation
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling products or services in violation of the applicable rules, online platforms allowing consumers to conclude distance contracts with tradermarketplaces should ensure that such traders are traceable. The trader should therefore be required to provide certain essential information to the online platformproviders of online marketplaces, including for purposes of promoting messages on or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platforms should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary, so that it can be accessed, in accordance with the applicable law, including on the protection of personal data, by public authorities and private parties with a legitimate interest, including through the orders to provide information referred to in this Regulation.
2021/07/08
Committee: IMCO
Amendment 441 #

2020/0361(COD)

Proposal for a regulation
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platformproviders of online marketplaces covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platformproviders of online marketplaces covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platformproviders, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. Such online platformProviders of online marketplaces should also design and organise their online interface in a user- friendly way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . The online interface should allow traders to provide the information referred to in Article 22a of this Regulation, the information referred to in Article 6 of Directive 2011/83/EU on Consumers Rights, information on sustainability of products, and information allowing for the unequivocal identification of the product or the service, including labelling requirements, in compliance with legislation on product safety and product compliance. __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
2021/07/08
Committee: IMCO
Amendment 448 #

2020/0361(COD)

Proposal for a regulation
Recital 50 a (new)
(50a) The online interface of online marketplace should allow traders to provide the information referred to in Article 22a of this Regulation and any other information where needed and necessary to allow for the unequivocal identification of the product or the service, including labelling requirements, in compliance with legislation on product safety and product compliance. Providers of online marketplaces, when they become aware that a product or services is illegal, should inform recipients who have acquired the product or services through their marketplace of this fact and any possible redress.
2021/07/08
Committee: IMCO
Amendment 449 #

2020/0361(COD)

Proposal for a regulation
Recital 50 a (new)
(50a) Providers of online marketplaces should demonstrate their best efforts to prevent the dissemination by traders of illegal products and services. In compliance with the no general monitoring principle, providers should inform recipients when the service or product they have acquired through their services is illegal. Once notified of an illegal product or service as foreseen in Article 14, providers of online marketplaces should take effective and proportionate measures to prevent such products or services from reappearing on their online marketplace.
2021/07/08
Committee: IMCO
Amendment 456 #

2020/0361(COD)

Proposal for a regulation
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have an easy access to information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
2021/07/08
Committee: IMCO
Amendment 457 #

2020/0361(COD)

Proposal for a regulation
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have an easy access to information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
2021/07/08
Committee: IMCO
Amendment 467 #

2020/0361(COD)

Proposal for a regulation
Recital 53
(53) Given the importance of very large online platforms, due to their reach, in particular as expressed in number of recipients of the service, in facilitating public debate, economic transactions and the dissemination of information, opinions and ideas and in influencing how recipients obtain and communicate information online, it is necessary to impose specific obligations on those platforms, in addition to the obligations applicable to all online platforms. Those additional obligations on very large online platforms are necessary to address those public policy concerns, including regarding misleading information or any other types of harmful content there being no alternative and less restrictive measures that would effectively achieve the same result.
2021/07/08
Committee: IMCO
Amendment 476 #

2020/0361(COD)

Proposal for a regulation
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products or the display of copyright-infringing content. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition, hampering competition or the way platforms' terms and conditions including content moderation policies, are enforced, including through automatic means. With respect to this category of risks, a particular attention should be paid to the detrimental effect of intimidation of independent press and the harassment of journalists, in particular women who are more often victims of hateful speech and online threats. These should be considered systemic risk as referred to in Article 26 as they pose threat to democratic values, media freedom, freedom of expression and information, and should be subject to dedicated mitigating measures as referred to in Article 27, and priority notice through trusted flaggers as referred to in Article 19. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, fundamental rights, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 477 #

2020/0361(COD)

Proposal for a regulation
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition or misuse the way platforms' terms and conditions, including content moderation policies, are enforced, often through automatic means. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, fundamental rights, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 482 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. The Commission mayshall adopt implementing acts to establish a set of Key Performance Indicators and lay down templates concerning the form, content and other details of reports pursuant to paragraph 1.
2021/06/24
Committee: ITRE
Amendment 482 #

2020/0361(COD)

Proposal for a regulation
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 conditionprevent the manipulation and exploitation of the service, including by the amplification of content which is counter to their terms and conditions, adapting their decision-making processes, or adapting their terms and conditions and content moderation policies and how those policies are enforced, while being fully transparent to 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, including by displaying related public service advertisements instead of other commercial advertisements. 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.
2021/07/08
Committee: IMCO
Amendment 484 #

2020/0361(COD)

Proposal for a regulation
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.
2021/07/08
Committee: IMCO
Amendment 495 #

2020/0361(COD)

Proposal for a regulation
Recital 62
(62) A core part of a very large online platform’s business is the manner in which information is prioritised and presented on its online interface to facilitate and optimise access to information for the recipients of the service. This is done, for example, by algorithmically suggesting, ranking and prioritising information, distinguishing through text or other visual representations, or otherwise curating information provided by recipients. Such recommender systems can have a significant impact on the ability of recipients to retrieve and interact with information online. They also play an important role in the amplification of certain messages, the viral dissemination of information and the stimulation of online behaviour. Moreover, these recommender systems can also impact media consumption and cultural practices of users, and may risk locking them into a bubble without providing them with the possibility to open up to other content. Consequently, very large online platforms should ensure that recipients are appropriately informed, and can influence the information presented to them. They should clearly present the main parameters for such recommender systems in an easily comprehensible manner to ensure that the recipients understand how information is prioritised for them. They should also ensure that the recipients enjoy alternative options for the main parameters, including options that are not based on profiling of the recipient.
2021/07/08
Committee: IMCO
Amendment 498 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
Online platforms that display advertising on their online interfaces shall ensure that advertisers: (a) can request information where their advertisements have been placed; (b) can request information on which broker treated their data; (c) can indicate on which specific websites their ads cannot be placed. In case of non-compliance with this provision, advertisers should have an option to judicial redress.
2021/06/24
Committee: ITRE
Amendment 499 #

2020/0361(COD)

Proposal for a regulation
Recital 63
(63) Advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. Very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health, public security, civil discourse, political participation and equality. Repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement, in particular where targeted advertising is concerned. In addition, very large online platforms should label any known deep fake videos, audio or other files.
2021/07/08
Committee: IMCO
Amendment 501 #

2020/0361(COD)

Proposal for a regulation
Recital 63 a (new)
(63a) The practice of very large online platforms to associate advertisement with content uploaded by users, could indirectly lead to the 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 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").
2021/07/08
Committee: IMCO
Amendment 503 #

2020/0361(COD)

Proposal for a regulation
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms, such as the dissemination of illegal and amplification of harmful content brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint- handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
2021/07/08
Committee: IMCO
Amendment 504 #

2020/0361(COD)

Proposal for a regulation
Recital 64
(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers, which mean the conditions set down in this Regulation. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.
2021/07/08
Committee: IMCO
Amendment 511 #

2020/0361(COD)

Proposal for a regulation
Recital 66
(66) To facilitate the effective and consistent application of the obligations in this Regulation that may require implementation through technological means, it is important to promote voluntary industry standards covering certain technical procedures, where the industry can help develop standardised means to comply with this Regulation, such as allowing the submission of notices, including through application programming interfaces, or about the interoperability of advertisement repositories. Such standards could in particular be useful for relatively small providers of intermediary services. The standards could distinguish between different types of illegal content or different types of intermediary services, as appropriate. However, where no voluntary industry standard is agreed and the Commission finds that the application of this Regulation by providers is significantly divergent, the Commission should be empowered to adopt delegated acts where needed until a voluntary industry standard is agreed.
2021/07/08
Committee: IMCO
Amendment 516 #

2020/0361(COD)

Proposal for a regulation
Recital 67
(67) The Commission and the Board should encourage the drawing-up of codes of conduct to contribute to the application of this Regulation, as well as the compliance of online platforms with the provisions of these codes. While the implementation of codes of conduct should be measurable and subject to public oversight, this should not impair the voluntary nature of such codes and the freedom of interested parties to decide whether to participate. In certain circumstances, it is important that very large online platforms cooperate in the drawing-up and adhere to specific codes of conduct. Nothing in this Regulation prevents other service providers from adhering to the same standards of due diligence, adopting best practices and benefitting from the guidance provided by the Commission and the Board, by participating in the same codes of conduct.
2021/07/08
Committee: IMCO
Amendment 522 #

2020/0361(COD)

Proposal for a regulation
Recital 68
(68) It is appropriate that this Regulation identify certain areas of consideration for such codes of conduct. In particular, risk mitigation measures concerning specific types of illegal content should be explored via self- and co-regulatory agreements. Another area for consideration is the possible negative impacts of systemic risks on society and democracy, such as disinformation, harmful content or manipulative and abusive activities. This includes coordinated operations aimed at amplifying information, including disinformation, such as the use of bots or fake accounts for the creation of fake or misleading information, sometimes with a purpose of obtaining economic gain, which are particularly harmful for vulnerable recipients of the service, such as children. In relation to such areas, adherence to and compliance with a given code of conduct by a very large online platform may be considered as an appropriate risk mitigating measure. The refusal without proper explanations by an online platform of the Commission’s invitation to participate in the application of such a code of conduct could be taken into account, where relevant, when determining whether the online platform has infringed the obligations laid down by this Regulation.
2021/07/08
Committee: IMCO
Amendment 525 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter, any significant systemic risks stemming from the functioning and use made of their services in the Union. The risk assessment shall be broken down per Member State in which services are offered and in the Union as a whole. This risk assessment shall be specific to their services and shall include the following systemic risks:
2021/06/24
Committee: ITRE
Amendment 527 #

2020/0361(COD)

Proposal for a regulation
Recital 69
(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, since the Commission willhas issued guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan in May 2021.
2021/07/08
Committee: IMCO
Amendment 528 #

2020/0361(COD)

Proposal for a regulation
Recital 69
(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, since the Commission willhas issued guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan in May 2021.
2021/07/08
Committee: IMCO
Amendment 540 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service, including by means of inauthentic use, deep fakes or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
2021/06/24
Committee: ITRE
Amendment 542 #

2020/0361(COD)

Proposal for a regulation
Recital 78
(78) Member States should set out in their national law, in accordance with Union law and in particular this Regulation and the Charter, the detailed conditions and limits for the exercise of the investigatory and enforcement powers of their Digital Services Coordinators, and other competent authorities where relevant, under this Regulation. In order to ensure coherence between the Member States, the Commission should adopt guidance on the procedures and rules related to the powers of Digital Services Coordinators.
2021/07/08
Committee: IMCO
Amendment 563 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 2 – introductory part
2. The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year, which. The reports of the Board shall be broken down per Member State in which the systemic risks occur and in the Union as a whole. The reports shall be published in all the official languages of the Member States of the Union. The reports shall include the following:
2021/06/24
Committee: ITRE
Amendment 578 #

2020/0361(COD)

Proposal for a regulation
Recital 97 a (new)
(97a) The Commission should ensure that it is independent and impartial in its decision making in regards to both Digital Services Coordinators and providers of services under this Regulation.
2021/07/08
Committee: IMCO
Amendment 594 #

2020/0361(COD)

Proposal for a regulation
Recital 104
(104) In order to fulfil the objectives of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement this Regulation. In particular, delegated acts should be adopted in respect of criteria for identification of very large online platforms and of technical specifications for access requests. It is also equally important that when standardisation bodies are unable to agree the standards needed to implement this Regulation fully, that the Commission to choice to adopt delegated acts. It is of particular importance that the Commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
2021/07/08
Committee: IMCO
Amendment 595 #

2020/0361(COD)

Proposal for a regulation
Recital 105 a (new)
(105a) This Regulation serves a horizontal framework to ensure the further strengthening and deepening the Digital Single Market and the internal market and therefore seeks to lay down rules and obligations which, unless specified, seek to be applicable to all providers without regards to individual models of operation. Individual models of operation are often addressed in different Union law regarded as lex specialis. In the case of any potential conflict between this Regulation and those Union acts, the principle of Lex specialis derogat legi generali should apply.
2021/07/08
Committee: IMCO
Amendment 608 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) set out uniform harmonised rules for a safe, predictable, accessible and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.
2021/07/08
Committee: IMCO
Amendment 617 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point b a (new)
(b a) the natural or legal person who paid for the advertisement;
2021/06/24
Committee: ITRE
Amendment 623 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2 a. The Board shall, together with trusted flaggers and vetted researchers, publish guidelines on the way add libraries should be organized.
2021/06/24
Committee: ITRE
Amendment 625 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 b (new)
2 b. Very large online platforms shall label inauthentic video’s (‘deep fakes’) as inauthentic in a way that is clearly visible for the internet user.
2021/06/24
Committee: ITRE
Amendment 631 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point c
(c) Union law on copyright and related rights, in particular Directive (EU) 2019/790 on Copyright and Related Rights in Digital Single Market;
2021/07/08
Committee: IMCO
Amendment 632 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point c
(c) Union law on copyright and related rights, in particular Directive (EU) 2019/790 on Copyright and Related Rights in Digital Single Market;
2021/07/08
Committee: IMCO
Amendment 634 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point h
(h) Union law on consumer protection and product safety, including Regulation (EU) 2017/2394, Regulation (EU) 2019/1020 and Regulation XXX (General Product Safety Regulation);
2021/07/08
Committee: IMCO
Amendment 638 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 – point i a (new)
(ia) Directive (EU) 2019/882
2021/07/08
Committee: IMCO
Amendment 642 #

2020/0361(COD)

Proposal for a regulation
Article 33 – paragraph 2 b (new)
2 b. The reports shall be published in the official languages of the Member States of the Union.
2021/06/24
Committee: ITRE
Amendment 642 #

2020/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 a (new)
5a. The Commission shall by [within one year of the adoption of this Regulation] publish guidelines with regards to the relations between this Regulation and those legislative acts listed in Article 1(5). These guidelines shall clarify any potential conflicts between the conditions and obligations enlisted in these legislative acts and which act prevails where actions, in line with this Regulation, fulfil the obligations of another legislative act and which regulatory authority is competent.
2021/07/08
Committee: IMCO
Amendment 650 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) ‘consumer’ means any natural person who is acting for purposes which are outside his or her trade, business, craft, or profession;
2021/07/08
Committee: IMCO
Amendment 671 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f – introductory part
(f) ‘intermediary service’ means one of the following information society services:
2021/07/08
Committee: IMCO
Amendment 673 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 1
— a ‘mere conduit’ service that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, including technical auxiliary functional services;
2021/07/08
Committee: IMCO
Amendment 677 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3 a (new)
- an ‘online search engine’ as defined in point (5) of Article 2 of Regulation (EU) 2019/1150;
2021/07/08
Committee: IMCO
Amendment 679 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
(fa) live streaming platform services shall be defined as information society services of which the main or one of the main purposes is to give the public access to audio or video material that is live broadcasted by its users, which it organises and promotes for profit-making purposes;
2021/07/08
Committee: IMCO
Amendment 680 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f b (new)
(fb) private messaging services shall be defined as number-independent interpersonal communications services as defined in Article 2(7) of Directive (EU) 2018/1972, excluding transmission of electronic mail as defined in Article 2 (h) of Directive 2002/58/EC;
2021/07/08
Committee: IMCO
Amendment 704 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
(ha) ‘online marketplace’ means an online platform that allows consumers to conclude distance contracts with other traders or consumers on their platform;
2021/07/08
Committee: IMCO
Amendment 705 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
(ha) ‘cloud computing service’ means a digital service that enables access to a scalable and elastic pool of shareable computing resources;
2021/07/08
Committee: IMCO
Amendment 718 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed to promote the message of a legal or natural person, irrespective of whether the person is incorporated or unincorporated and irrespective of whether the information is designed to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface normally against remuneration specifically for promoting that informationmessage;
2021/07/08
Committee: IMCO
Amendment 724 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point p
(p) ‘content moderation’ means the activities, either through automated or manual means, undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility, monetisation and accessibility of that illegal content or that information, such as demotion, disabling of access to, delisting, demonetisation or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;
2021/07/08
Committee: IMCO
Amendment 730 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point p a (new)
(pa) ‘deep fake’ means a generated or manipulated image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful;
2021/07/08
Committee: IMCO
Amendment 738 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
(qa) ‘dark pattern’ means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision- making or choice.
2021/07/08
Committee: IMCO
Amendment 742 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)
(qb) ‘persons with disabilities’ means persons with disabilities within the meaning of Article 3(1) of Directive (EU) 2019/882
2021/07/08
Committee: IMCO
Amendment 745 #

2020/0361(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q c (new)
(qc) ‘deep fake’ means a generated or manipulated image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful.
2021/07/08
Committee: IMCO
Amendment 752 #

2020/0361(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. Where an information society 1. service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, the service provider shall not be liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient or more secure the information's onward transmission to other recipients of the service upon their request, on condition that:
2021/07/08
Committee: IMCO
Amendment 770 #

2020/0361(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with tradermarketplaces, where such an online platformmarketplace presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.
2021/07/08
Committee: IMCO
Amendment 772 #

2020/0361(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traderproviders of online marketplaces, where such an online platformmarketplace presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platformmarketplace itself or by a recipient of the service who is acting under its authority or control.
2021/07/08
Committee: IMCO
Amendment 785 #

2020/0361(COD)

Proposal for a regulation
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including thoseor national law, in conformity with the Union law, including the EU Charter on Fundamental Rights, and the requirements set out in this Regulation.
2021/07/08
Committee: IMCO
Amendment 786 #

2020/0361(COD)

Proposal for a regulation
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting, identifying and removing, or disabling of access to, illegal content, to enforce their terms and conditions in accordance with Article 12 or take the necessary measures to comply with the requirements of Union or national law, including those set out in this Regulation.
2021/07/08
Committee: IMCO
Amendment 793 #

2020/0361(COD)

Proposal for a regulation
Article 7 – paragraph 1
No general obligation to monitor the information which providers of intermediary services transmit or store, nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. This Regulation shall not prevent providers from offering end- to-end encrypted services. The provision of such services shall not constitute a reason for liability or for becoming ineligible for the exemptions from liability.
2021/07/08
Committee: IMCO
Amendment 803 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order to act against a specific item of illegal content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union lawor national law, that is in conformity with Union law, including the EU Charter on Fundamental Rights, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.
2021/07/08
Committee: IMCO
Amendment 835 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact, appointed by the provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider.
2021/07/08
Committee: IMCO
Amendment 836 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact, appointed by the provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider.
2021/07/08
Committee: IMCO
Amendment 845 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. The Digital Services Coordinator from the Member State of the judicial or administrative authority issuing the order shall, without undue delay, transmit a copy of the orders referred to in paragraph 1 to all other Digital Services Coordinators through the system established in accordance with Article 67. Where upon receiving the copy of the order, at least three Digital Services Coordinators consider that the order violates Union or national law, that is in conformity with the Union Law, including the Charter, they can object the enforcement of the order to the Board, based on a reasoned statement. Following recommendation of the Board, the Commission may decide whether the order shall be enforced. Where the order to act against a specific item of illegal content under Union or national law has been issued by the national judicial or administrative authority of a Member State that is under an Article 7 procedure for infringement of European values according to Article 2 of TEU, any Digital Service Coordinator may object the order directly to the Commission. The Commission shall assess the objection to the order as a matter of priority and decide whether the order should be enforced as swiftly as possible and no later than 48 hours upon receipt of the objection.
2021/07/08
Committee: IMCO
Amendment 846 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 a (new)
Where upon receiving the copy of the order, at least three Digital Services Coordinators consider that the order violates Union or national law that is in conformity with Union law, including the Charter, they can object the enforcement of the order to the Board, based on a reasoned statement. Following recommendation of the Board, the Commission may decide whether the order is to be enforced.
2021/07/08
Committee: IMCO
Amendment 849 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law and administrative law in conformity with Union law, including the Charter on Fundamental Rights. While acting in accordance with such laws, authorities shall not go beyond what is necessary in order to attain the objectives followed therein.
2021/07/08
Committee: IMCO
Amendment 850 #

2020/0361(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law in conformity with Union law, including the EU Charter on Fundamental Rights.
2021/07/08
Committee: IMCO
Amendment 858 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order. Where no effect has been given to the order, providers of intermediary services shall provide without delay the authority of issuing the order with a statement of reasons as to why the order was not given an effect.
2021/07/08
Committee: IMCO
Amendment 862 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, received from and issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order.
2021/07/08
Committee: IMCO
Amendment 872 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 1
— a statement of reasons explaining the objective foraccording to which the information is required and why the requirement to provide the information is necessary and proportionate to determine compliance by the recipients of the intermediary services with applicable Union or national rules, unless such a statement cannot be provided for reasons related to the prevention, investigation, detection and prosecution of criminal offences;
2021/07/08
Committee: IMCO
Amendment 878 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact appointed by that provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider;
2021/07/08
Committee: IMCO
Amendment 879 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact appointed by that provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider;
2021/07/08
Committee: IMCO
Amendment 887 #

2020/0361(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law and administrative law in conformity with Union law.
2021/07/08
Committee: IMCO
Amendment 891 #

2020/0361(COD)

Proposal for a regulation
Chapter III – title
Due diligence oObligations for a transparent, accessible and safe online environment
2021/07/08
Committee: IMCO
Amendment 894 #

2020/0361(COD)

Proposal for a regulation
Article 9 a (new)
Article 9a Waiver 1. Providers of intermediary services may apply to the Commission for a waiver from the requirements of Chapter III, proved that they are: (a) non-for-profit or equivalent and serve a manifestly positive role in the public interest; (b) micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC; or (c) a medium enterprises within the meaning of the Annex to Recommendation 2003/361/EC without any systemic risk related to illegal content. The Providers shall present justified reasons for their request. 2. The Commission shall examination such an application and, after consulting the Board, may issue a waiver in whole or in parts to the requirements of this Chapter. 3. Upon the request of the Board or the provider, or on its own initiative, the Commission may review a waiver issued and revoke the waiver in whole or in parts. 4. The Commission shall maintain a list of all waivers issued and their conditions and shall publish this list to the public. (This amendment should be placed between the Chapter Title and the Section title)
2021/07/08
Committee: IMCO
Amendment 905 #

2020/0361(COD)

Proposal for a regulation
Article 10 – paragraph 2 a (new)
2a. Providers of intermediary services may establish the same single point of contact for this Regulation and another single point of contact as required under other Union law. When doing so, the provider shall inform the Commission of this decision.
2021/07/08
Committee: IMCO
Amendment 914 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)
Where a provider of intermediary services chooses not to designate a legal representative, Article 40(3) shall apply.
2021/07/08
Committee: IMCO
Amendment 917 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. Providers of intermediary services shall notify the name, address, the electronic mail address and telephone number of their legal representative to the Digital Service Coordinator in the Member State where that legal representative resides or is destablishignated. They shall ensure that that information is up to date.
2021/07/08
Committee: IMCO
Amendment 921 #

2020/0361(COD)

Proposal for a regulation
Article 11 – paragraph 5 a (new)
5a. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC other than those which are either a very larger online platform or a marketplace.
2021/07/08
Committee: IMCO
Amendment 931 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used by the provider of the intermediary service for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible, machine-readable format.
2021/07/08
Committee: IMCO
Amendment 933 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and ensure that their terms and conditions prevent the recipients of their services from providing information that is not compliant with Union law or the law of the Member State where the information is provided. Any additional restrictions that providers of intermediary services may impose in relation to the use of their service and the information provided by the recipients of the service shall be in full compliance with the fundambiguous language and shall be publicly available in an easily accessible formatental rights of the recipients of the services as enshrined in the EU Charter on Fundamental Rights.
2021/07/08
Committee: IMCO
Amendment 935 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 1 a (new)
1a. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review, and available remedies including applicable alternative dispute resolution mechanisms. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format. Providers of intermediary services shall provide recipients of services with a concise and easily readable summary of the terms and conditions, including information on the available remedies and the possibilities for opt-out, where relevant.
2021/07/08
Committee: IMCO
Amendment 941 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Providers of intermediary services shall actpply and enforce the restrictions referred to in paragraph 2 in a diligent, objective and, timely, proportionate manner in applying and enforcing the restrictions referred to in paragraph 1and non- discriminatory manner, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charternational and Union law, including the EU Charter on Fundamental Rights.
2021/07/08
Committee: IMCO
Amendment 963 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 2 c (new)
2c. Providers of intermediary services shall not require recipients of the service other than traders to make their legal identity public in order to use the service.
2021/07/08
Committee: IMCO
Amendment 966 #

2020/0361(COD)

Proposal for a regulation
Article 12 a (new)
Article 12a General Risk Assessment and Mitigation Measures 1. Providers of intermediary services shall identify, analyse and assess, at least once and at each significant revision of a service thereafter, the potential misuse or other risks stemming from the functioning and use made of their services in the Union. Such a general risk assessment shall be specific to their services and shall include at least risks related to the dissemination of illegal content through their services and any contents that might have a negative effect on potential recipients of the service, especially minors and gender equality. 2. Providers of intermediary services which identify potential risks shall, wherever possible, attempt to put in place reasonable, proportionate and effective mitigation measures in line with their terms and conditions. 3. Where the identified risk relates to minors, without regard to if the child is acting with respect to the terms and conditions, mitigation measures shall include, taking into account the industry standards referred to in Article 34, where needed and applicable: (a) adapting content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions to ensure those prioritise the best interests of the child; (b) adapting or removing system design features that expose or promote to children to content, contact, conduct and contract risks; (c) ensuring the highest levels of privacy, safety, and security by design and default for children including any profiling or use of data for commercial purposes; (d) if a service is targeted at children, provide child-friendly mechanisms for remedy and redress, including easy access to expert advice and support. 4. Providers of intermediary services shall, upon request, explain to the Digital Services Coordinator of the Member State of establishment, how it undertook this risk assessment and what voluntary mitigation measures it undertook.
2021/07/08
Committee: IMCO
Amendment 967 #

2020/0361(COD)

Proposal for a regulation
Article 12 a (new)
Article 12a General Risk Assessment and Mitigation Measures 1. Providers of intermediary services shall identify, analyse and assess, at least once and at each significant revision of a service thereafter, the potential misuse or other risks stemming from the functioning and use made of their services in the Union. Such a general risk assessment shall be specific to their services and shall include at least risks related to the dissemination of illegal content through their services and any contents that might have a negative effect on potential recipients of the service, especially minors. 2. Providers of intermediary services which identify potential risks shall. wherever possible, attempt to put in place reasonable, proportionate and effective mitigation measures in line with their terms and conditions. 3. Where the identified risk relations to minor recipients of the service, without regard to if the minor is acting with respect to the terms and conditions, mitigation measures shall include, where needed and applicable: (a) adapting content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions to ensure those prioritise the best interests of the minor; (b) adapting or removing system design features that expose or promote to minors to content, contact, conduct and contract risks; (c) ensuring the highest levels of privacy, safety, and security by design and default for users under the age of 16, including any profiling or use of data for commercial purposes; (d) if a service is targeted at minors, provide child-friendly mechanisms for remedy and redress, including easy access to expert advice and support. 4. Providers of intermediary services shall, upon request, explain to the Digital Services Coordinator of the Member State of establishment, how they undertook this risk assessment and what voluntary mitigation measures they undertook.
2021/07/08
Committee: IMCO
Amendment 972 #

2020/0361(COD)

Proposal for a regulation
Article 12 b (new)
Article 12b Fair consent choice screens 1. Providers of intermediary services that ask the recipients of their service for consent as required by Regulation (EU) 2016/679 to collect or process personal data concerning them shall ensure that the end user choice screens shown to that end are designed in a fair and neutral manner and do not in any way subvert or impair user autonomy, decision-making, or choice via the choice screens’ structure, function or manner of operation. In particular, providers shall refrain from: (a) giving more visual prominence to any of the consent options when asking the recipient of the service for a decision; (b) repeatedly requesting that a recipient of the service consents to data processing, regardless of the scope of purpose of such processing, especially by presenting a pop-up that interferes with user experience; (c) urging a recipient of the service to change any setting or configuration of the service after the person in question has already made her choice, including by the use of a technical standard in accordance with paragraph 3; (d) making the procedure of cancelling a service more cumbersome then signing up to it. 2. The Commission may adopt implementing acts to prescribe binding design aspects and functions of consent choice screens that fulfil the requirements of paragraph 1. 3. Providers of intermediary services shall accept the communication of consent choices made by the recipient of the service through automated means, including through standardised digital signals sent by the recipient’s software used to access the service such as web browsers and operating systems. 4. The Commission shall promote and facilitate the development of technical standards for the automated communication of consent choices through international and Union standardisation bodies. Where standardisation bodies fail to develop a workable technical standard, the Commission shall, not later than two years after entry into force of this Regulation, designate a binding technical standard for the purpose of paragraph 3.
2021/07/08
Committee: IMCO
Amendment 976 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish, at least once a year, clear, easily accessible, comprehensible, and detailed reports on any content moderation they engaged in during the relevant period. The reports shall be available in searchable archives. Those reports shall include, in particular, information on the following, as applicable:
2021/07/08
Committee: IMCO
Amendment 981 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point a
(a) the number of orders received from Member States’ authorities, categorised by the type of illegal content concerned, including orders issued in accordance with Articles 8 and 9, and the average time needed to inform taking the action specified in thoshe authority issuing the order of its receipt and the effect given to the orders;
2021/07/08
Committee: IMCO
Amendment 983 #

2020/0361(COD)

Proposal for a regulation
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; Providers of intermediary services may add additional information as to the reasons for the average time for taking the action.
2021/07/08
Committee: IMCO
Amendment 985 #

2020/0361(COD)

Proposal for a regulation
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;
2021/07/08
Committee: IMCO
Amendment 999 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
1a. Where providers of intermediary services do not make the report under paragraph 1 available to the general public, at least a summary of the report under paragraph 1 shall be made available to the general public.
2021/07/08
Committee: IMCO
Amendment 1000 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
1a. The information provided shall be broken down per Member State in which services are offered and in the Union as a whole.
2021/07/08
Committee: IMCO
Amendment 1005 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms in accordance with Article 25.
2021/07/08
Committee: IMCO
Amendment 1007 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Paragraph 1 and 1a shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
2021/07/08
Committee: IMCO
Amendment 1010 #

2020/0361(COD)

Proposal for a regulation
Article 13 – paragraph 2 a (new)
2a. Where made available to the public, the annual transparency reports referred to in paragraph 1 shall not include information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1020 #

2020/0361(COD)

Proposal for a regulation
Chapter III – Section 2 – title
Additional provisions applicable to providers of hosting services, including online platforms and to providers of live streaming platform services and of private messaging services
2021/07/08
Committee: IMCO
Amendment 1022 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Providers of hosting services, providers of live streaming platform services and of private messaging services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content, or content that is in breach with their terms and conditions. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means and may include: (a) a clearly identifiable banner or single reporting button, allowing users to notify quickly and easily the providers of these services of illegal content they have encountered; (b) providing information to the users on what is considered illegal content under Union and national law; (c) providing information to the users on available national public tools to signal illegal content to the competent authorities.
2021/07/08
Committee: IMCO
Amendment 1023 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or non-governmental entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means and may include: (a) a clearly identifiable banner or single reporting button, allowing the users of those services to notify quickly and easily the providers of hosting services; (b) providing information to the users on what is considered illegal content under Union and national law; (c) providing information to the users on available national public tools to signal illegal content to the competent authorities in Member States were the service is directed.
2021/07/08
Committee: IMCO
Amendment 1033 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – introductory part
2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligent economic operator can identify the illegality or the breach of the content in question with the terms and conditions. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:
2021/07/08
Committee: IMCO
Amendment 1038 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point a
(a) an explanation of the reasons why the individual or entity considers the information in question to be illegal content, or content that is in breach with providers' terms and conditions;
2021/07/08
Committee: IMCO
Amendment 1043 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic location of that information, in particular the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content, or content that is in breach with providers' terms and conditions;
2021/07/08
Committee: IMCO
Amendment 1074 #

2020/0361(COD)

Proposal for a regulation
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.
2021/07/08
Committee: IMCO
Amendment 1075 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent, 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.
2021/07/08
Committee: IMCO
Amendment 1080 #

2020/0361(COD)

Proposal for a regulation
Article 14 – paragraph 6 a (new)
6a. Providers of hosting services, of live streaming platform services and of private messaging services shall demonstrate their best efforts 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 shall not lead to any general monitoring obligation.
2021/07/08
Committee: IMCO
Amendment 1093 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or, disable access to or otherwise restrict the visibility of specific items of information provided by the recipients of the service or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or, removing or disabling access to or reducing the visibility of that information and of the reason for its decision, it shall inform the recipient on a durable medium, at the latest at the time of the removal or disabling of access or the restriction of visibility or the suspension or termination of monetization, of the decision and provide a clear and specific statement of reasons for that decision.
2021/07/08
Committee: IMCO
Amendment 1094 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or, disable access to or otherwise restrict the visibility of specific items of information provided by the recipients of the service or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or, removing or disabling access to or reducing the visibility of that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of the removal or disabling of access or the restriction of visibility or the suspension or termination of monetization, of the decision and provide a clear and specific statement of reasons for that decision.
2021/07/08
Committee: IMCO
Amendment 1099 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 1 a (new)
1a. When the removing or disabling access to specific items of information is followed by the transmission of these specific items of information in accordance with Article 15a, the requirement to inform the recipient set out in paragraph 1 may be postponed by a period of six weeks in order to avoid interfere with potential ongoing criminal investigations. The period of six weeks can be renewed only following a motivated decision of the competent authority to which the specific items of information had been transmitted.
2021/07/08
Committee: IMCO
Amendment 1104 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the restriction of the visibility of, or the demonetisation of, the information and, where relevant, the territorial scope of the disabling of access; or the restriction;
2021/07/08
Committee: IMCO
Amendment 1105 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point a
(a) whether the decision entails either the removal of, or the disabling of access to, the restriction of the visibility of, or the demonetisation of, the information and, where relevant, the territorial scope of the disabling of access or the restriction;
2021/07/08
Committee: IMCO
Amendment 1108 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point b
(b) the facts and circumstances relied on in taking the decision, including where relevant whether the decision was taken pursuant to a notice submitted in accordance with Article 14 and where appropriate, the identity of the notifier;
2021/07/08
Committee: IMCO
Amendment 1119 #

2020/0361(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Providers of hosting services shall publish at least annually the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible database managed by the Commission. That information shall not contain personal data.
2021/07/08
Committee: IMCO
Amendment 1127 #

2020/0361(COD)

Proposal for a regulation
Article 15 a (new)
Article 15a Preservation of content and related data, and mandatory transmission of specific items of information 1. Providers of hosting services shall store the illegal content which has been removed or access to which has been disabled as a result of content moderation, or of an order to act against a specific item of illegal content as referred to in Article 8, as well as any related data removed as a consequence of the removal of such illegal content, which are necessary for administrative or judicial review proceedings, including or out-of- court dispute settlement against a decision to remove or disable access to illegal content and related data. 2. The illegal content and related data, as referred to in paragraph 1, shall be stored for six months from the date of removal or disabling. The illegal content shall, upon request from the competent authority or court, be preserved for a further specified period only if and for as long as necessary for ongoing administrative or judicial review proceedings, as referred to in paragraph 1. 3. Providers of hosting services shall ensure that the illegal content and related data stored pursuant to paragraph 1 are subject to appropriate technical and organisational safeguards. Those technical and organisational safeguards shall ensure that the illegal content and related data stored are accessed and processed only for the purposes referred to in paragraph 1, and ensure a high level of security of the personal data concerned. Providers of hosting services shall review and update those safeguards where necessary. 4. Providers of hosting services shall transmit to the competent authorities of the Member States the illegal content which has been removed or access to which has been disabled, whether such removing or disabling access is a result of a voluntary content moderation or of a use of the notification and action mechanism referred to in Article 14. This obligation of transmission applies under the following conditions: (a) illegal content referred to in this paragraph means content which is manifestly illegal and is an offense according to Framework Decision2008/913/JHA and Directive 2011/36/EU; and (b) the competent law enforcement authority to which to transmit such illegal content is that of the Member State of the residence or establishment of the person who made the illegal content available, or, failing that, the law enforcement authority of the Member State in which the provider of hosting services is established or has its legal representative; or, failing that, the provider of hosting services shall inform Europol; (c) when the provider of hosting services is a very large online platform in accordance with Section 4 of Chapter III, it must also, when transmitting the illegal content, add an indicating flag for the illegal content which involve a threat to the life or safety of persons. 5. Each Member State shall notify to the Commission the list of its competent law enforcement authorities as referred to in paragraph 4.
2021/07/08
Committee: IMCO
Amendment 1134 #

2020/0361(COD)

Proposal for a regulation
Article 15 b (new)
Article 15b Notification of suspicions of criminal offences 1. Where provider of hosting service becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall remove or disable the content and promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available. 2. Where the provider of hosting service cannot identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it is established or has its legal representative or inform Europol. 3. For the purpose of this Article, the Member State concerned shall be the Member State where the offence is suspected to have taken place, be taking place and likely to take place, or the Member State where the suspected offender resides or is located, or the Member State where the victim of the suspected offence resides or is located. 4. For the purpose of this Article, Member States shall notify to the Commission the list of its competent law enforcement or judicial authorities.
2021/07/08
Committee: IMCO
Amendment 1141 #

2020/0361(COD)

Proposal for a regulation
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms in accordance with Article 25.
2021/07/08
Committee: IMCO
Amendment 1143 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service, as well as individuals or entities that have submitted a notice for a period of at least six months following the decision referred to in this paragraph, the access to an effective internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the followingdecision taken by the online platform not to act after having received a notice, and against the decisions taken by the online platform on the ground that the information provided by the recipients is illegal content under Union or national law, or incompatible with its terms and conditions:
2021/07/08
Committee: IMCO
Amendment 1154 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) decisions to remove or, disable access to or restrict the visibility of the information;
2021/07/08
Committee: IMCO
Amendment 1155 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) decisions to remove or, disable access to or restrict the visibility of the information;
2021/07/08
Committee: IMCO
Amendment 1167 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to restrict the ability to monetise content provided by the recipients;
2021/07/08
Committee: IMCO
Amendment 1169 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to restrict the ability to monetize content provided by the recipients.
2021/07/08
Committee: IMCO
Amendment 1170 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c b (new)
(cb) decisions of online marketplaces to suspend the provisions of their services to traders;
2021/07/08
Committee: IMCO
Amendment 1173 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 1 a (new)
1a. When the decision to remove or disable access to the information is followed by the transmission of this information in accordance with Article 15a, the period of at least six months as set out in paragraph 1 shall be considered to start from the day on which the recipient was informed in accordance with Article 15(2).
2021/07/08
Committee: IMCO
Amendment 1193 #

2020/0361(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. Online platforms shall ensure that recipients of the service are given the possibility, where necessary, to contact a human interlocutor at the time of the submission of the complaint and that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means.
2021/07/08
Committee: IMCO
Amendment 1201 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of-court dispute settlement body that has been certified in accordance with paragraph 2 and established in the Member State of the provider or the Member State of the recipient, in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.
2021/07/08
Committee: IMCO
Amendment 1207 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 1 a (new)
1a. Where a recipient seeks a resolved to multiple complaints, either party may request that the out-of-court dispute settlement body treats and resolves these complaints in a single dispute decision.
2021/07/08
Committee: IMCO
Amendment 1212 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point a
(a) it is impartial and independent of online platforms and recipients of the service provided by the online platforms and is legally distinct from and functionally independent of the government of the Member State or any other public or private body;
2021/07/08
Committee: IMCO
Amendment 1225 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;
2021/07/08
Committee: IMCO
Amendment 1234 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable of settling dispute in a swift, efficient, accessible for persons with disabilities and cost-effective manner and in at least one official language of the Union;
2021/07/08
Committee: IMCO
Amendment 1248 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
If the body decides the dispute in favour of the recipient of the service, the online platform shall reimburse the recipient for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. If the body decides the dispute in favour of the online platform, and the body does not find the recipient acted in bad faith in the dispute, the recipient shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement.
2021/07/08
Committee: IMCO
Amendment 1255 #

2020/0361(COD)

Proposal for a regulation
Article 18 – paragraph 6 a (new)
6a. This Article shall only take effect on providers other than very large online platforms from [24 months after the date of entry into force of this Regulation].
2021/07/08
Committee: IMCO
Amendment 1268 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point a
(a) it has particular expertise and competence for the purposes of detecting, identifying and notifying illegal content, as well as intentional manipulation and exploitation of the service in the sense of Article 26, paragraph 1(c);
2021/07/08
Committee: IMCO
Amendment 1273 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point b
(b) it represents collective interests and is independent from any online platform, law enforcement, or other government or relevant commercial entity;
2021/07/08
Committee: IMCO
Amendment 1274 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point b
(b) it represents collective interests and is independent from any online platform, law enforcement, or other government or relevant commercial entity;
2021/07/08
Committee: IMCO
Amendment 1285 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)
(ca) it has a transparent funding structure, including publishing the sources and amounts of all revenue annually
2021/07/08
Committee: IMCO
Amendment 1286 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c b (new)
(cb) it is not already a trusted flagger in another Member State.
2021/07/08
Committee: IMCO
Amendment 1287 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point c c (new)
(cc) it publishes, at least once a year, clear, easily comprehensible and detailed reports on any notices submitted in accordance with Article 14 during the relevant period. The report shall list notices categorised by the identity of the hosting service provider, the type of alleged illegal or terms and conditions violating content concerned, and what action was taken by the provider. In addition, the report shall identify relationships between the trusted flagger and any online platform, law enforcement, or other government or relevant commercial entity, and explain the means by which the trusted flagger maintains its independence.
2021/07/08
Committee: IMCO
Amendment 1288 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1 a (new)
By way of derogation from point (b), a public entity may be awarded with the status of trusted flagger for non- intellectual property right related actions.
2021/07/08
Committee: IMCO
Amendment 1289 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
2a. Online platforms may treat other third parties considered by the provider to have particular expertise and responsibilities for the purposes of tackling illegal content online as equal to a trusted flagger as to the mechanisms referred to Article 14. The conditions for granting such treatment shall be clearly set out and objective and shall be communicated to the Digital Services Coordinator of establishment. The names of such third parties shall be published in a clear and easily findable manner.
2021/07/08
Committee: IMCO
Amendment 1301 #

2020/0361(COD)

Proposal for a regulation
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, paragraph 2. The Commission shall keep register of European trusted flaggers.
2021/07/08
Committee: IMCO
Amendment 1303 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. Where an online platform has information indicating that a trusted flagger submitted a significant number of insufficiently precise or inadequately substantiated notices through the mechanisms referred to in Article 14, including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in Article 17(3), it shall communicate that information to the Digital Services Coordinator that awarded the status of trusted flagger to the entity concerned, providing the necessary explanations and supporting documents. During this period of investigation by the Digital Services Coordinator, the trusted flagger shall be treated as a non-trusted flagger when using the mechanisms referred to in Article 14, where not suspended under Article 20.
2021/07/08
Committee: IMCO
Amendment 1309 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. The Digital Services Coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines, following an investigation either on its own initiative or on the basis information received byfrom third parties, including the information provided by an online platform pursuant to paragraph 5, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger
2021/07/08
Committee: IMCO
Amendment 1313 #

2020/0361(COD)

Proposal for a regulation
Article 19 – paragraph 7
7. The Commission, after consulting the Board, mayshall issue guidance to assist online platforms and Digital Services Coordinators in the application of paragraphs 2, 4a, 5 and 6.
2021/07/08
Committee: IMCO
Amendment 1317 #

2020/0361(COD)

Proposal for a regulation
Article 19 a (new)
Article 19a Accessibility requirements for online platforms 1. Providers of online platforms which offer services in the Union shall ensure that they design and provide services in accordance with the accessibility requirements set out in Section III, Section IV, Section VI, and Section VII of Annex I of Directive (EU) 2019/882. 2. Providers of online platforms shall prepare the necessary information in accordance with Annex V of Directive (EU) 2019/882 and shall explain how the services meet the applicable accessibility requirements. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with disabilities. Providers of online platforms shall keep that information for as long as the service is in operation. 3. Providers of online platforms shall ensure that information, forms and measures provided pursuant to this Regulation are made available in a manner that they are easy to find and accessible to persons with disabilities. 4. Providers of online platforms which offer services in the Union shall ensure that procedures are in place so that the provision of services remains in conformity with the applicable accessibility requirements. Changes in the characteristics of the provision of the service, changes in applicable accessibility requirements and changes in the harmonised standards or in technical specifications by reference to which a service is declared to meet the accessibility requirements shall be adequately taken into account by the provider of intermediary services. 5. In the case of non-conformity, providers of online platforms shall take the corrective measures necessary to bring the service into conformity with the applicable accessibility requirements. 6. Provider of online platforms shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the applicable accessibility requirements. They shall cooperate with that authority, at the request of that authority, on any action taken to bring the service into compliance with those requirements. 7. Online platforms which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the accessibility requirements of this Regulation in so far as those standards or parts thereof cover those requirements. 8. Online platforms which are in conformity with the technical specifications or parts thereof adopted for the Directive (EU) 2019/882 shall be presumed to be in conformity with the accessibility requirements of this Regulation in so far as those technical specifications or parts thereof cover those requirements.
2021/07/08
Committee: IMCO
Amendment 1320 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content, or content that is in breach with their terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1322 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and where proportionate after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content.
2021/07/08
Committee: IMCO
Amendment 1338 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d
(d) the intention of the recipient, individual, entity or complainant., including whether submissions were made in bad faith;
2021/07/08
Committee: IMCO
Amendment 1340 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d a (new)
(da) whether a notice was submitted by an individual user or by an entity or persons with specific expertise related to the content in question;
2021/07/08
Committee: IMCO
Amendment 1344 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 – point d b (new)
(db) the manner of how notices have been submitted, including by automated means.
2021/07/08
Committee: IMCO
Amendment 1345 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 3 a (new)
3a. Suspensions referred to in paragraphs 1 and 2 may be declared permanent where (a) compelling reasons of law or public policy, including ongoing criminal investigations, justify avoiding or postponing notice to the recipient; (b) the items removed were components of high-volume campaigns to deceive users or manipulate platform content moderation efforts; or (c) the items removed were related to content covered by [Directive 2011/93/EU updated reference] or [Directive (EU) 2017/541 or Regulation (EU) 2021/784 of the European Parliament and of the Council.
2021/07/08
Committee: IMCO
Amendment 1348 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Online platforms shall set out, in a clear and detailed manner, their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions, including as regardexamples as the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension.
2021/07/08
Committee: IMCO
Amendment 1351 #

2020/0361(COD)

Proposal for a regulation
Article 21
Notification of suspicions of criminal 1. aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available. 2. identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it is established or has its legal representative or inform Europol. For the purpose of this Article, the Member State concerned shall be the Member State where the offence is suspected to have taken place, be taking place and likely to take place, or the Member State where the suspected offender resides or is located, or the Member State where the victim of the suspected offence resides or is located.Article 21 deleted offences Where an online platform becomes Where the online platform cannot
2021/07/08
Committee: IMCO
Amendment 1363 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 a (new)
2a. Unless instructed otherwise by the informed authority, the provider shall remove or disable the content. It shall store all content and related data for at least six months.
2021/07/08
Committee: IMCO
Amendment 1364 #

2020/0361(COD)

Proposal for a regulation
Article 21 – paragraph 2 b (new)
2b. Information obtained by a law enforcement or judicial authority of a Member State in accordance with paragraph 1 shall not be used for any purpose other than those directly related to the individual serious criminal offence notified.
2021/07/08
Committee: IMCO
Amendment 1368 #

2020/0361(COD)

Proposal for a regulation
Article 22 – title
Traceability of traders on online Marketplaces
2021/07/08
Committee: IMCO
Amendment 1369 #

2020/0361(COD)

Proposal for a regulation
Article 22 – title
Traceability of traders on online marketplaces
2021/07/08
Committee: IMCO
Amendment 1373 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, itProviders of online marketplaces shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of itstheir services, the online platformmarketplaces hasve obtained the following information:
2021/07/08
Committee: IMCO
Amendment 1385 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point c
(c) the bankpayment account details of the trader, where the trader is a natural person;
2021/07/08
Committee: IMCO
Amendment 1386 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point c
(c) the bankpayment account details of the trader, where the trader is a natural person;
2021/07/08
Committee: IMCO
Amendment 1388 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point d
(d) the name, address, telephone number and electronic mail address of the economic operator, within the meaning ofestablished in the Union and carrying out the tasks in accordance with Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council51 or [Article XX of the General Product Safety Regulation], or any relevant act of Union law; __________________ 51Regulation (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).
2021/07/08
Committee: IMCO
Amendment 1389 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 – point d
(d) the name, address, telephone number and electronic mail address of the economic operator, within the meaning of established in the Union and carrying out the tasks in accordance with Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council51 or [Article XX of the General Product Safety Regulation] or any relevant act of Union law; __________________ 51Regulation (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).
2021/07/08
Committee: IMCO
Amendment 1399 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 1 a (new)
1a. Providers of online marketplaces shall require traders to provide the information referred to in points (a) and (e) immediately upon initial registration for its services. Traders shall be required to provide any supplementary material relating to the information requirements set out in Article 22(1) within a reasonable period, and prior to the use of the service and offering of products and services to consumer.
2021/07/08
Committee: IMCO
Amendment 1405 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The online platformproviders of online marketplaces shall, upon receiving that information, make reasonable and before allowing traders to use their services, make best efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliablaccurate through the use of any freely accessible official online database or online interface made available by an authorized administrator or a Member States or the Union or through direct requests to the trader to provide supporting documents from reliable sources.
2021/07/08
Committee: IMCO
Amendment 1406 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. The online platformproviders of online marketplaces shall, upon receiving that information, make reasonablebest efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliablaccurate through the use of any freely accessible official online database or online interface made available by an authorised administrator or a Member States or the Union or through direct requests to the trader to provide supporting documents from reliable sources.
2021/07/08
Committee: IMCO
Amendment 1416 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Where the online platform obtainsproviders of online marketplaces obtains sufficient indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platformmarketplace shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
2021/07/08
Committee: IMCO
Amendment 1417 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Where the online platformproviders of online marketplaces obtains indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platformonline marketplace shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
2021/07/08
Committee: IMCO
Amendment 1418 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2
Where the trader fails to correct or complete that information, the online platformproviders of online marketplaces shall suspend the provision of its service to the trader in relations to the offering of products or services to consumers located in the Union until the request is fully complied with.
2021/07/08
Committee: IMCO
Amendment 1419 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2
Where the trader fails to correct or complete that information, the online platformmarketplace shall suspend the provision of its service to the trader in relations to the offering of products or services to consumers located in the Union until the request is fully complied with.
2021/07/08
Committee: IMCO
Amendment 1424 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 a (new)
3a. The providers of online marketplaces shall ensure that traders are given the ability to discuss any information viewed as inaccurate or incomplete directly with a trader before any suspension of services. This may take the form of the internal complaint- handling system under Article 17.
2021/07/08
Committee: IMCO
Amendment 1425 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 a (new)
3a. The providers of online marketplaces shall ensure that traders are given the ability to discuss any information viewed as inaccurate or incomplete directly with a trader before any suspension of services. This may take the form of the internal complaint- handling system under Article 17.
2021/07/08
Committee: IMCO
Amendment 1426 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 b (new)
3b. If an online marketplaces rejects an application for services or suspends services to a trader, the trader shall have recourse to the systems under Article 17 and Article 43 of this Regulation.
2021/07/08
Committee: IMCO
Amendment 1427 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 b (new)
3b. If an online marketplace rejects an application for services or suspends services to a trader, the trader shall have recourse to the systems under Article 17 and Article 43 of this Regulation.
2021/07/08
Committee: IMCO
Amendment 1428 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 c (new)
3c. Traders shall be solely liable for the accuracy the information provided and shall inform without delay the online marketplace of any changes to the information provided.
2021/07/08
Committee: IMCO
Amendment 1429 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 3 c (new)
3c. Traders shall be solely liable for the accuracy of the information provided and shall inform without delay the online marketplace of any changes to the information provided.
2021/07/08
Committee: IMCO
Amendment 1436 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 4
4. The online platformproviders of online market places shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently delete the information.
2021/07/08
Committee: IMCO
Amendment 1438 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. Without prejudice to paragraph 2, the platformroviders of online marketplaces shall only disclose the information to third parties where so required in accordance with the applicable law, including the orders referred to in Article 9 and any orders issued by Member States’ competent authorities or the Commission for the performance of their tasks under this Regulation.
2021/07/08
Committee: IMCO
Amendment 1439 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 5
5. Without prejudice to paragraph 2, the platformonline marketplace shall only disclose the information to third parties where so required in accordance with the applicable law, including the orders referred to in Article 9 and any orders issued by Member States’ competent authorities or the Commission for the performance of their tasks under this Regulation.
2021/07/08
Committee: IMCO
Amendment 1443 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 6
6. The online platformproviders of online marketplaces shall make the information referred to in points (a), (d), (e) and (f) of paragraph 1 available to the recipients of the service, in a clear, easily accessible and comprehensible manner.
2021/07/08
Committee: IMCO
Amendment 1448 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 7
7. The online platform shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law.deleted
2021/07/08
Committee: IMCO
Amendment 1449 #

2020/0361(COD)

Proposal for a regulation
Article 22 – paragraph 7
7. The online platform shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law.deleted
2021/07/08
Committee: IMCO
Amendment 1461 #

2020/0361(COD)

Proposal for a regulation
Article 22 a (new)
Article 22a Compliance by design 1. Providers of online marketplaces shall design and organise their online interface in a fair and user-friendly way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law. 2. The online interface shall allow traders to provide in particular the information referred to under paragraph 6 of Article 22, the information referred to in Article 6 of Directive 2011/83/EU on Consumers Rights, information allowing for the unequivocal identification of the product or the service, and, where applicable, information on sustainability of products, information on labelling, including CE marking, according to the Union legislation on product safety and compliance. 3. This Article is without prejudice to additional requirements under other Union acts, including the [General Product Safety Regulation] and [Market Surveillance Regulation]
2021/07/08
Committee: IMCO
Amendment 1462 #

2020/0361(COD)

Proposal for a regulation
Article 22 a (new)
Article 22a Compliance by design 1. Providers of online marketplaces shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law. 2. The online interface shall allow traders to provide at least the information necessary for the unequivocal identification of the products or the services offered, and, where applicable, the information concerning the labelling in compliance with rules of applicable Union law on product safety and product compliance. 3. This Article is without prejudice to additional requirements under other Union acts, including the [General Product Safety Regulation] and [Market Surveillance Regulation]
2021/07/08
Committee: IMCO
Amendment 1465 #

2020/0361(COD)

Proposal for a regulation
Article 22 b (new)
Article 22b Additional provisions for online marketplaces related to illegal offers 1. The providers of online marketplaces shall take adequate measures in order to prevent the dissemination by traders using their service for offers for a product or a service, which do not comply with Union law. 2. Where the providers of online marketplaces obtain indication including on the elements listed in points (a) and (b) of paragraph 2 of Article 14, and according to which an item of information referred to in Article 22a is inaccurate, the providers of online marketplaces shall request the trader to give evidence of the accuracy of that item of information or to correct it, without delay. Where traders fail to comply with such request, the providers of online marketplaces shall suspend traders’ offer pending compliance with the request. 3. Before the trader's offer is made available on the online marketplaces, the providers of online marketplaces shall make their best efforts to assess, whether traders have provided the information referred to in paragraphs 1 and 2 of Article 22a, and whether the offer to consumers located in the Union is on the list, or the lists, of products or categories of products classified as non-compliant, according to any freely accessible official online database or online interface, or through direct requests to the trader to provide supporting documents from reliable sources . The providers of online marketplaces shall not authorise the trader to provide the offer online in case of non-compliance. 4. Where notified by market surveillance or customs authorities about the illegality of traders offer according to applicable law on product safety, the providers of online marketplaces shall remove the offers or disable access to them without delay and inform the respective traders and competent authorities. 5. The providers of online marketplaces shall demonstrate their best efforts to take effective and proportionate measures to prevent offers of counterfeit products as well as to prevent the reappearance of offers of previously notified and removed counterfeit products. To that end, providers of online marketplaces shall take into account the information received in accordance with Article 14 in the context of any content moderation system aiming at preventing reappearance, detecting, identifying, removing or disabling access to dangerous products offered on their marketplace. The measures referred to in this paragraph shall not lead to general monitoring as provided for in Article 7. 6. The providers of online marketplaces shall suspend without undue delay the provision of their services to traders that provide repeatedly illegal offers for a product or a service. They shall notify immediately its decision to the trader and competent authorities. 7. Where the providers of online marketplaces become aware, irrespective of the means used to, of the illegal nature of a product or service offered through their services, they shall inform without undue delay the recipients of the service that had acquired such product or contracted such services, about the illegality, the identity of the trader and any means of redress. Where the provider of the online marketplace does not have the contact details of the recipients of the service, the provider shall make publicly available and easily accessible on their online interface the information concerning the illegal products or services removed, the identity of the trader and any means of redress. 8. The providers of online marketplaces shall be entitled to right to redress towards the traders failing to comply with their obligations towards the online marketplaces or consumers. Consumers shall be entitled to right to redress towards the providers of online marketplaces for the failure of the latter to comply with the obligations under Articles 22, 22a and 22 b.
2021/07/08
Committee: IMCO
Amendment 1466 #

2020/0361(COD)

Proposal for a regulation
Article 22 b (new)
Article 22b Right to information 1. Where a provider of an online marketplace becomes aware, irrespective of the means used to, of the illegal nature of a product or service offered through its services, it shall inform, wherever possible, those recipients of the service that had acquired such product or contracted such service during the last six months about the illegality, the identity of the trader and any means of redress. 2. Where the provider of the online marketplace does not have the contact details of the recipients of the service referred to in paragraph 1, the provider shall make publicly available and easily accessible on their online interface the information concerning the illegal products or services removed, the identity of the trader and any means of redress.
2021/07/08
Committee: IMCO
Amendment 1472 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)
(ca) the number of advertisements that were removed, labelled or disabled by the online platform and justification of the decisions;
2021/07/08
Committee: IMCO
Amendment 1478 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. The Commission mayshall adopt implementing acts to establish a set of key performance indicators and lay down templates concerning the form, content and other details of reports pursuant to paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1479 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. The Commission mayshall adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1480 #

2020/0361(COD)

Proposal for a regulation
Article 23 – paragraph 4 a (new)
4a. Where published to the general public, the annual transparency reports referred to in paragraph 1 shall not include information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1483 #

2020/0361(COD)

Proposal for a regulation
Article 24 – title
Online advertising transparency and control
2021/07/08
Committee: IMCO
Amendment 1487 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point a
(a) that the information displayed is an advertisementon the interface or parts thereof is an online advertisement, including through prominent and harmonised marking;
2021/07/08
Committee: IMCO
Amendment 1489 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point b
(b) the natural or legal person on whose behalf the advertisement is displayed and the natural or legal person who financed the advertisement;
2021/07/08
Committee: IMCO
Amendment 1493 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 – point c
(c) clear, meaningful and uniform information about the main parameters used to determine the recipient to whom the advertisement is displayed. and the logic involved;
2021/07/08
Committee: IMCO
Amendment 1505 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
The online platform shall design and organise its online interface in such a way that recipients of the service can easily and efficiently exercise their rights under applicable Union law in relation to the processing of their personal data for each specific advertisement displayed to the data subject on the platform, in particular: (a) to withdraw consent or to object to processing; (b) to obtain access to the personal data concerning the data subject; (c) to obtain rectification of inaccurate personal data concerning the data subject; (d) to obtain erasure of personal data without undue delay; Where a recipient exercises any of these rights, the online platform must inform any parties to whom the personal data concerned in points (a)-(d) have been enclosed in accordance with Article 19 of Regulation (EU) 2016/679.
2021/07/08
Committee: IMCO
Amendment 1506 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
Without prejudice to other Union acts, online platforms that display user- generated content that may include sponsored information or other information equivalent to advertising, which is normally provided against remuneration, shall including in their terms and conditions an obligation for the recipients of their service to inform other recipients of when they have received remuneration or any other goods in kind for their content. A failure to inform the platform or other recipients shall constitute a violation of the provider’s terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1513 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 b (new)
Where a recipient exercises any of the rights referred to points (a), (c) or (d) in paragraph 2, the online platform must immediately cease displaying advertisements using the personal data concerned or using parameters which were set using this data.
2021/07/08
Committee: IMCO
Amendment 1515 #

2020/0361(COD)

Proposal for a regulation
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.
2021/07/08
Committee: IMCO
Amendment 1516 #

2020/0361(COD)

Proposal for a regulation
Article 24 – paragraph 1 d (new)
The Commission shall adopt an implementing act establishing harmonised specifications for the marking referred to in paragraph 1(a) of this Article.
2021/07/08
Committee: IMCO
Amendment 1526 #

2020/0361(COD)

Proposal for a regulation
Chapter III – Section 4 – title
4Additional obligations for very large online platforms, live streaming platforms, private messaging providers and search engines to manage systemic risks
2021/07/08
Committee: IMCO
Amendment 1528 #

2020/0361(COD)

Proposal for a regulation
Article 25 – title
Very large online platforms, live streaming platforms, private messaging providers and search engines
2021/07/08
Committee: IMCO
Amendment 1531 #

2020/0361(COD)

Proposal for a regulation
Article 25 – paragraph 1
1. This Section shall apply to online platform services, live streaming platform services, private messaging services and search engine services which provide their services to a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3.
2021/07/08
Committee: IMCO
Amendment 1545 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), on an ongoing basis and at least once a year thereafter, any significthe probability and severity of anty systemic risks stemming from the design, intrinsic characteristics, functioning and use made of their services in the Union. The risk assessment shall be broken down per Member State in which services are offered and in the Union as a whole. This risk assessment shall be specific to their services and shall include the following systemic risks:
2021/07/08
Committee: IMCO
Amendment 1555 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point a
(a) the dissemination of illegal content through their serviand content that is in breach of their terms and conditions through their services, including unsafe and non- compliant products and services, in case of online marketplaces;
2021/07/08
Committee: IMCO
Amendment 1556 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point a
(a) the dissemination of illegal content and content that is in breach of their terms and conditions through their services;,
2021/07/08
Committee: IMCO
Amendment 1560 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point a a (new)
(aa) the funding of illegal content, including models based on advertisement;
2021/07/08
Committee: IMCO
Amendment 1564 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of any of the fundamental rights listed in the EU Charter on Fundamental Rights , in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;
2021/07/08
Committee: IMCO
Amendment 1565 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of any of the fundamental rights listed in the Charter, in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;
2021/07/08
Committee: IMCO
Amendment 1573 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service and amplification of content that is in breach of their terms and conditions, including by means of inauthentic use, such as ‘deep fakes’ or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, minors, democratic values, media freedom and freedom of expression of journalists, as well as their ability to verify facts, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
2021/07/08
Committee: IMCO
Amendment 1576 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 1 – point c
(c) intentional manipulation of their service and amplification of content that is in breach of their terms and conditions, including by means of inauthentic use, or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.
2021/07/08
Committee: IMCO
Amendment 1584 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how and whether their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is in compatible with their terms and conditions, as well as potential infringement of consumer rights by business active on the platform or platform themselves.
2021/07/08
Committee: IMCO
Amendment 1590 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. When conducting risk assessments, very large online platforms shall take into account, in particular, how and whether their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.
2021/07/08
Committee: IMCO
Amendment 1593 #

2020/0361(COD)

Proposal for a regulation
Article 26 – paragraph 2 a (new)
2a. When conducting risk assessments, very large online platforms shall involve representatives of the recipients of the service, representatives of groups potentially impacted by their services, independent experts and civil society organisations. Their involvement shall be tailored to the specific systemic risks that the very large online platform aim to assess.
2021/07/08
Committee: IMCO
Amendment 1601 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measureseasures to mitigate the probability and severity of any, tailored to address the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
2021/07/08
Committee: IMCO
Amendment 1602 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part
1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measureseasures to mitigate the probability and severity of any, tailored to address the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:
2021/07/08
Committee: IMCO
Amendment 1609 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point a
(a) adapting content moderation or recommender systems, their decision- making processes, design, the features or functioning of their services, or their terms and conditions;
2021/07/08
Committee: IMCO
Amendment 1612 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point a
(a) adapting content moderation or recommender systems, their decision- making processes, design, the features or functioning of their services, or their terms and conditions;
2021/07/08
Committee: IMCO
Amendment 1613 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point b
(b) targeted measures aimed at limiting the display of and targeting of advertisements in association with the service they provide or the alternative placement and display of public service advertisements or other related factual information;
2021/07/08
Committee: IMCO
Amendment 1614 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point b
(b) targeted measures aimed at limiting the display of and targeting of advertisements in association with the service they provide;
2021/07/08
Committee: IMCO
Amendment 1625 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 a (new)
1a. Very large online platforms shall, where appropriate, conduct their risk assessments referred in Article 26 and design their risk mitigation measures with the involvement of representatives of the recipients of the service, representatives of groups potentially impacted by their services, independent experts and civil society organisations. Where no such involvement is taken, this shall be made clear in the transparency report referred to in Article 33.
2021/07/08
Committee: IMCO
Amendment 1627 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 a (new)
1a. The Board shall evaluate the implementation and effectiveness of mitigating measures undertaken by very large online platforms listed in Article 27(1) and where necessary, may issue recommendations.
2021/07/08
Committee: IMCO
Amendment 1630 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 1 b (new)
1b. Where a very large online platform decides not to put in place any of the mitigating measures listed in Article 27(1), it shall provide a written explanation that describes the reasons why those measures were not put in place, to the Board in view of issuing specific recommendations and to independent auditors for the purposes of the audit report. Following the written explanation of the reasons of the very large online platforms not to put in place mitigating measures, and where necessary, the Board shall issue specific recommendations as to the mitigation measures that very large online platforms shall implement. Very large online platforms shall within one month from receiving of these recommendations, implement the recommended measures, or set out any alternative measures they intend to take to address the identified risks. In case of systemic failure of a very large online platform to take effective mitigating measures and in case of repeated non-compliance with the recommendations, the Board may advise the Commission and the Digital Services Coordinators to impose sanctions.
2021/07/08
Committee: IMCO
Amendment 1631 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 2 – introductory part
2. The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year, which. The reports of the Board shall be broken down per Member State in which the systemic risks occur and in the Union as a whole. The reports shall be published in all the official languages of the Member States of the Union. The reports shall include the following:
2021/07/08
Committee: IMCO
Amendment 1637 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 2 – point a
(a) identification and assessment of the most prominent and recurrenteach of the systemic risks reported by very large online platforms or identified through other information sources, in particular those provided in compliance with Article 31 and 33;
2021/07/08
Committee: IMCO
Amendment 1641 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 a (new)
The reports of the Board shall include information both broken down per Member State in which the systemic risks occur and in the Union as a whole. The reports shall be published in all the official languages of the Member States of the Union.
2021/07/08
Committee: IMCO
Amendment 1644 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 3
3. The Commission, in cooperation with the Digital Services Coordinators, mayand following public consultations shall issue general guidelines on the application of paragraph 1 in relation to specific risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. When preparing those guidelines the Commission shall organise public consultations.
2021/07/08
Committee: IMCO
Amendment 1649 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 3 a (new)
3a. The requirement to put in place mitigation measures shall not require an obligation to impose general monitoring or active fact-finding obligations.
2021/07/08
Committee: IMCO
Amendment 1653 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1. Very large online platforms shall be subject, at their own expense and at least once a year, to independent audits to assess compliance with the following:
2021/07/08
Committee: IMCO
Amendment 1654 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1. Very large online platforms shall be subject, at their own expense and at least once a year, to independent audits to assess compliance with the following:
2021/07/08
Committee: IMCO
Amendment 1659 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point a
(a) the obligations set out in Chapter III, in particular the quality of the identification, analysis and assessment of the risks referred to in Article26, and the necessity, proportionality and effectiveness of the risk mitigation measures referred to in Article 27;
2021/07/08
Committee: IMCO
Amendment 1664 #

2020/0361(COD)

Proposal for a regulation
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:
2021/07/08
Committee: IMCO
Amendment 1672 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point c a (new)
(ca) have been certified by the Commission for the performance of this task;
2021/07/08
Committee: IMCO
Amendment 1676 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f a (new)
(fa) a description of specific elements that could not be audited, and an explanation of why these could not be audited;
2021/07/08
Committee: IMCO
Amendment 1677 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f a (new)
(fa) a description of specific elements that could not be audited, and an explanation of why these could not be audited;
2021/07/08
Committee: IMCO
Amendment 1678 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f b (new)
(fb) where the audit opinion could not reach a conclusion for specific elements within the scope of the audit, a statement of reasons for the failure to reach such conclusion.
2021/07/08
Committee: IMCO
Amendment 1679 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 3 – point f b (new)
(fb) where the audit opinion could not reach a conclusion for specific elements within the scope of the audit, a statement of reasons for the failure to reach such conclusion.
2021/07/08
Committee: IMCO
Amendment 1684 #

2020/0361(COD)

Proposal for a regulation
Article 28 – paragraph 4 a (new)
4a. Where an audit report finds in accordance with paragraph 1 that total compliance or partial compliance with only minor issues has been found, the very large online platform may request from the Commission a waiver or delay to further auditing reports. When granted, the maximum delay shall be two years since the last auditing report.
2021/07/08
Committee: IMCO
Amendment 1691 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions and on a designated web page that can be directly reached and easily found from the very large online platforms’ online interface, in a clear, accessible and easily comprehensible manner for the general public, the main parameters used in their recommender systems, the optimisation goals of their recommender systems as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.
2021/07/08
Committee: IMCO
Amendment 1692 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions and on a designated web page that can be directly reached from the very large online platforms’ online interface, in a clear, accessible and easily comprehensible manner for the general public, the main parameters used in their recommender systems, the optimisation goals of their recommender systems as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.
2021/07/08
Committee: IMCO
Amendment 1701 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 2
2. Where several options are available pursuant to paragraph 1, very large online platforms shall provide clear and easily accessible functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them.
2021/07/08
Committee: IMCO
Amendment 1704 #

2020/0361(COD)

Proposal for a regulation
Article 29 – paragraph 2 a (new)
2a. Online platforms shall ensure that their online interface is designed in such a way that it does not risk misleading or manipulating the recipients of the service.
2021/07/08
Committee: IMCO
Amendment 1709 #

2020/0361(COD)

Proposal for a regulation
Article 30 – title
Additional online advertising transparencytransparency for online advertisements and ‘deep fakes’ audiovisual media
2021/07/08
Committee: IMCO
Amendment 1710 #

2020/0361(COD)

Proposal for a regulation
Article 30 – title
Additional transparency for online advertising transparencyand "deep fakes" audiovisual media
2021/07/08
Committee: IMCO
Amendment 1711 #

2020/0361(COD)

Proposal for a regulation
Article 30 – title
Additional online advertising transparency and protection
2021/07/08
Committee: IMCO
Amendment 1716 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available to relevant authorities and vetted researchers, meeting the requirements of Article 31(4), through application programming interfaces a repository containing the information referred to in paragraph 2, until one year after the advertisement was displayed for the last time on their online interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.
2021/07/08
Committee: IMCO
Amendment 1721 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point a
(a) the content of the advertisement, including the name of the product, service or brand and the object of the advertisement;
2021/07/08
Committee: IMCO
Amendment 1724 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point b a (new)
(ba) the natural or legal person who paid for the advertisement;
2021/07/08
Committee: IMCO
Amendment 1725 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point c a (new)
(ca) the natural or legal person or group who paid for the advertisement;
2021/07/08
Committee: IMCO
Amendment 1732 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 – point e
(e) the total number of recipients of the service reached in each country and, where applicable, aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically.
2021/07/08
Committee: IMCO
Amendment 1738 #

2020/0361(COD)

Proposal for a regulation
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.
2021/07/08
Committee: IMCO
Amendment 1739 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2a. The Board shall, after consulting trusted flaggers and vetted researchers, publish guidelines on the structure and organisation on repositories created pursuant to paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1740 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2a. The Board shall, after consulting with trusted flaggers and vetted researchers, publish guidelines on the structure and organisation of repositories created pursuant to paragraph 1.
2021/07/08
Committee: IMCO
Amendment 1744 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 b (new)
2b. Very large online platforms shall make their best effort to detect inauthentic videos (‘deep fakes’). When detecting such videos, they should label them as inauthentic in a way that is clearly visible for the internet user.
2021/07/08
Committee: IMCO
Amendment 1745 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 c (new)
2c. The very large online platform shall design and organise its online interface in such a way that recipients of the service can easily and efficiently exercise their rights under applicable Union law in relation to the processing of their data for each specific advertisement displayed to the data subject on the platform, in particular: (a) to withdraw consent or to object to processing; (b) to obtain access to the data concerning the data subject; (c) to obtain rectification of inaccurate data concerning the data subject; (d) to obtain erasure of data without undue delay. Where a recipient exercises any of these rights, the online platform must inform any parties to whom the personal data concerned in points (a) to (d) have been enclosed.
2021/07/08
Committee: IMCO
Amendment 1746 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 c (new)
2c. Very large online platforms selling advertising for display on their online interface, shall ensure via standard contractual clauses with the purchasers of advertising space that the content with which the advertisement is associated is compliant with the terms and conditions of the platform, or with the law of the Member States where the recipients of the service to whom the advertisement will be displayed is located.
2021/07/08
Committee: IMCO
Amendment 1747 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 d (new)
2d. Very large online platforms that display advertising on their online interfaces shall conduct at their own expense, and upon request of advertisers , independent audits performed by organisations complying with the criteria set out in Article 28(2). Such audits shall be based on fair and proportionate conditions agreed between platforms and advertisers, shall be conducted with a reasonable frequency and shall entail: (a) conducting quantitative and qualitative assessment of cases where advertising is associated with illegal content or with content incompatible with platforms’ terms and conditions; (b) monitoring for and detecting of fraudulent use of their services to fund illegal activities; (c) assessing the performance of their tools in terms of brand safety. The audit report shall include opinion on the performance of platforms’ tools in terms of brand safety. Where the audit opinion is not positive, the report shall make operational recommendations to the platforms on specific measures in order to achieve compliance. The platforms shall make available to advertisers, upon request, the results of such audit.
2021/07/08
Committee: IMCO
Amendment 1748 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 d (new)
2d. Where a recipient exercises any of the rights referred to points (a), (c) or(d) in paragraph 2c, the online platform must without undue delay cease displaying advertisements using the personal data concerned or using parameters which were set using this data.
2021/07/08
Committee: IMCO
Amendment 1749 #

2020/0361(COD)

Proposal for a regulation
Article 30 – paragraph 2 e (new)
2e. Very large 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;
2021/07/08
Committee: IMCO
Amendment 1750 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 1
1. Very large online platforms shall provide the Digital Services Coordinator of establishment or the Commission, upon their reasoned request and within a reasonable periodout delay, specified in the request, full access to data that are necessary to monitor and assess compliance with this Regulation. That Digital Services Coordinator and the Commission shall only use that data for those purposes. With regard to moderation and recommender systems, very large online platforms shall provide upon request the Digital Services Coordinator or the Commission with access to algorithms and associated data that allow the detection of possible biases which could lead to the dissemination of illegal content, or content that is in breach with their terms and conditions, or presents threats to fundamental rights including freedom of expression. Where a bias is detected, very large online platforms shall expeditiously correct it following the recommendations of the Digital Services Coordinator or the Commission. Very large online platforms should be able to demonstrate their compliance at every step of the process pursuant to this Article.
2021/07/08
Committee: IMCO
Amendment 1757 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 2
2. Upon a reasoned request from the Digital Services Coordinator of establishment, three Digital Services Coordinators of destination or the Commission, very large online platforms shall, within a reasonable period, as specified in the request, provide access to data to vetted researchers who meet the requirements in paragraphs 4 of this Article, for the sole purpose of conducting research that contributes to the identification and understanding and mitigation of systemic risks as set out in Articles 26(1) and 27.
2021/07/08
Committee: IMCO
Amendment 1761 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 4
4. In order to be vetted, researchers shall: (1) be affiliated with academic institutions, be independent from commercial interests, within the Union and the institutions certifies that the researcher is a researcher in good standing (2) be independent from commercial interests, including any very large online platforms (3) be independent from any government, administrative or other state bodies, outside the academic institution of affiliation if public, (4) have undergone an independent background and security investigation, subject to the national legislation of the Member State of residence. (5) be a resident of the Union; (6) have proven records of expertise in the fields related to the risks investigated or related research methodologies, and (7) shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.
2021/07/08
Committee: IMCO
Amendment 1765 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 4
4. In order to be vetted, scientific researchers shall be affiliated with academic institutions, be independent from commercial interests and the very large online platform it seeks data from, have proven records of expertise in the fields related to the risks investigated or related research methodologies, and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.
2021/07/08
Committee: IMCO
Amendment 1768 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 4 a (new)
4a. Where a very large online platform or a Digital Services Coordinator has grounds to believe that a researcher is acting outside the purpose of paragraph 2 or no longer respects the conditions of paragraph 4, access to data shall be withdrawn and the Digital Services Coordinator of establishment shall decide if and when access shall be restored and under what conditions.
2021/07/08
Committee: IMCO
Amendment 1775 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 6 – introductory part
6. Within 15 days following receipt of a request as referred to in paragraph 1 and 2, a very large online platform may request the Digital Services Coordinator of establishment or the Commission, as applicable, to amend the request, where it considers that it is unable to give access to the data requested because one of following two reasons: for the following reasons: (a) in case of request under paragraph 1, a very large online platform does not have and cannot obtain with reasonable effort access to the data; (b) in case of request under paragraph 2, a very large online platform does not have access to the data or providing access to the data will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets.
2021/07/08
Committee: IMCO
Amendment 1787 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 7 a (new)
7a. Digital Service Coordinators and the Commission shall, once a year, report the following information: (a) the number of requests made to them as referred to in paragraphs 1 and 2; (b) the number of such requests that have been declined or withdrawn by the Digital Service Coordinator or the Commission and the reasons for which they have been declined or withdrawn, including following a request to the Digital Service Coordinator or the Commission from a very large online platform to amend a request as referred to in paragraphs 1 and 2.
2021/07/08
Committee: IMCO
Amendment 1788 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 7 a (new)
7a. Upon completion of the research envisaged in Article 31(2), the vetted researchers shall make their research publicly available, taking into account the rights and interests of the recipients of the service concerned in compliance with Regulation (EU) 2016/679.
2021/07/08
Committee: IMCO
Amendment 1789 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 7 b (new)
7b. Digital Service Coordinators and the Commission shall, once a year, report the following information: (a) the number of requests made to them as referred to in paragraphs 1 and 2; (b) the number of such requests that have been declined by the Digital Service Coordinator or the Commission and the reasons for which they have been declined; (c) the number of such requests that have been declined by the Digital Service Coordinator or the Commission, including the reasons for which they have been declined, following a request to the Digital Service Coordinator or the Commission from a very large online platform to amend a request as referred to in paragraphs 1 and 2.
2021/07/08
Committee: IMCO
Amendment 1799 #

2020/0361(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 a (new)
Such reports shall include content moderation information separated and presented for each Member State in which the services are offered and for the Union as a whole. The reports shall be published in at least one of the official languages of the Member States of the Union in which services are offered.
2021/07/08
Committee: IMCO
Amendment 1802 #

2020/0361(COD)

Proposal for a regulation
Article 33 – paragraph 2 a (new)
2a. The reports shall include content moderation broken down per Member State in which the services are offered and in the Union as a whole and shall be published in the official languages of the Member States of the Union.
2021/07/08
Committee: IMCO
Amendment 1827 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)
(fa) accessibility of elements and functions of online platforms and digital services for persons with disabilities aiming at consistency and coherence with existing harmonised accessibility requirements when these elements and functions are not already covered by existing harmonised European standards
2021/07/08
Committee: IMCO
Amendment 1835 #

2020/0361(COD)

Proposal for a regulation
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.
2021/07/08
Committee: IMCO
Amendment 1840 #

2020/0361(COD)

Proposal for a regulation
Article 34 – paragraph 2 a (new)
2a. Where any of the standards under paragraph 1 have not been adopted by [24 months of the entry into force of this regulation], the Commission may adopt a delegated act in accordance with Article 69 to set down rules, guidelines or a template for the harmonised application of the applicable articles. Once a standard has been established, the Commission shall cease work on or withdraw its delegated act if already adopted.
2021/07/08
Committee: IMCO
Amendment 1848 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 1
1. The Commission and the Board shall encourage and facilitate the drawing up of codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal content as defined in Union and national law and systemic risks, in accordance with Union law, in particular on competition and the protection of personal data.
2021/07/08
Committee: IMCO
Amendment 1856 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission mayshall invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
2021/07/08
Committee: IMCO
Amendment 1858 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 2
2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission mayshall invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.
2021/07/08
Committee: IMCO
Amendment 1867 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain a set of harmonised key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain in order to facilitate effective cross-platform monitoring.
2021/07/08
Committee: IMCO
Amendment 1868 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly as needed to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain.
2021/07/08
Committee: IMCO
Amendment 1870 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 4
4. The Commission and the Board shall assess whether the codes of conduct meet the aims specified in paragraphs 1 and 3, and shall regularly monitor and evaluate the achievement of their objectives. They shall publish their conclusion, and publish their conclusions. Furthermore, they shall ensure that there is common alert mechanism managed at Unions level to allow for real-time and coordinated responses.
2021/07/08
Committee: IMCO
Amendment 1873 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 5
5. The Board shall regularly monitor and evaluate the achievement of the objectives of the codes of conduct, having regard to the key performance indicators that they may contain. In case of systematic and repetitive failure to comply with the Codes of Conduct, the Board shall as a measure of last resort take a decision to temporary suspend or definitely exclude platforms that do not meet their commitments as a signatory to the Codes of Conduct.
2021/07/08
Committee: IMCO
Amendment 1874 #

2020/0361(COD)

Proposal for a regulation
Article 35 – paragraph 5
5. The Board shall regularly monitor and evaluate the achievement of the objectives of the codes of conduct, having regard to the key performance indicators that they may contain. In case of systematic and repetitive failure to comply with the Codes of Conduct, the Board shall as a measure of last resort take a decision to temporary suspend or definitely exclude platforms that do not meet their commitments as a signatory to the Codes of Conduct.
2021/07/08
Committee: IMCO
Amendment 1881 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency infor all players in the online advertising value chain. beyond the requirements of Articles 24 and 30.
2021/07/08
Committee: IMCO
Amendment 1882 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 1
1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency infor all actors in the online advertising value chain, beyond the requirements of Articles 24 and 30.
2021/07/08
Committee: IMCO
Amendment 1888 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 2 – point b a (new)
(ba) the setting-up of unique identifier that will enable advertisers and publishers to identify and track a campaign throughout its lifecycle.
2021/07/08
Committee: IMCO
Amendment 1889 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 3
3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of this Regulation and their application no later than six months after that date. The Commission shall evaluate the application of those codes three years after the application of this Regulation.
2021/07/08
Committee: IMCO
Amendment 1890 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 3
3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of this Regulation and their application no later than six months after that date. The Commission shall evaluate the application of those codes two years after the application of this Regulation.
2021/07/08
Committee: IMCO
Amendment 1891 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 3 a (new)
3a. The Commission shall encourage all the players in the online advertising value chain to endorse and comply with the commitments stated in the codes of conduct.
2021/07/08
Committee: IMCO
Amendment 1892 #

2020/0361(COD)

Proposal for a regulation
Article 36 – paragraph 3 a (new)
3a. The Commission shall encourage all the actors in the online advertising eco-system to endorse and comply with the commitments stated in the codes of conduct.
2021/07/08
Committee: IMCO
Amendment 1893 #

2020/0361(COD)

Proposal for a regulation
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.
2021/07/08
Committee: IMCO
Amendment 1917 #

2020/0361(COD)

Proposal for a regulation
Article 38 – paragraph 4 a (new)
4a. Member States shall ensure that the competent authorities have adequate financial and human resources, as well as legal and technical expertise to fulfil their tasks under this Regulation.
2021/07/08
Committee: IMCO
Amendment 1918 #

2020/0361(COD)

Proposal for a regulation
Article 38 – paragraph 4 a (new)
4a. Member States shall ensure that the competent authorities have adequate financial and human resources, as well as legal and technical expertise to fulfil their tasks under this Regulation.
2021/07/08
Committee: IMCO
Amendment 1928 #

2020/0361(COD)

Proposal for a regulation
Article 40 – paragraph 1 a (new)
1a. By means of derogation from paragraph 1, the Member State in which the consumers have their residence shall have jurisdiction for the purposes of Articles 22, 22a and 22b of this Regulation and the Member State in which the authority issuing the order is situated shall have jurisdiction for the purposes of Articles 8 and 9 of this Regulation.
2021/07/08
Committee: IMCO
Amendment 1939 #

2020/0361(COD)

Proposal for a regulation
Article 40 – paragraph 4
4. Paragraphs 1,1a, 2 and 3 are without prejudice to Article 43(2), the second subparagraph of Article 50(4) and the second subparagraph of Article 51(2) and the tasks and powers of the Commission under Section 3.
2021/07/08
Committee: IMCO
Amendment 1954 #

2020/0361(COD)

Proposal for a regulation
Article 41 – paragraph 3 a (new)
3a. Following request to the Commission and in cases of infringements that persist, could cause serious harm to recipients of the service, or could seriously affect their fundamental rights, the Digital Services Coordinator of the country of destination may be entitled to additional powers in the framework of joint investigations as referred to in Article 46.
2021/07/08
Committee: IMCO
Amendment 1955 #

2020/0361(COD)

Proposal for a regulation
Article 41 – paragraph 6 a (new)
6a. The Commission shall publish guidelines by [six months after adoption] on the powers and procedures of the Digital Services Coordinators. Member States shall follow these guidelines or explain otherwise to the Commission.
2021/07/08
Committee: IMCO
Amendment 1972 #

2020/0361(COD)

Proposal for a regulation
Article 43 – paragraph 1 a (new)
Where the complaint concerns an alleged harm upon the recipients of the service, the Member State where the recipient resides shall have jurisdiction for the purposes of the complaint.
2021/07/08
Committee: IMCO
Amendment 1974 #

2020/0361(COD)

Proposal for a regulation
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.
2021/07/08
Committee: IMCO
Amendment 1986 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Where the Board has reasons to suspect that a provider of intermediary services infringed this Regulation in a manner involving at least three Member States, it may recommendshall request the Digital Services Coordinator of establishment to assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation.
2021/07/08
Committee: IMCO
Amendment 1989 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 2 – introductory part
2. A request or recommendation pursuant to paragraph 1 shall at least indicate:
2021/07/08
Committee: IMCO
Amendment 1996 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 3
3. The Digital Services Coordinator of establishment shall take into utmost account the request or recommendation pursuant to paragraph 1 and assess the matter in view of taking specific investigatory or enforcement measures to ensure compliance without undue delay. Where it considers that it has insufficient information to act upon the request or recommendation and has reasons to consider that the Digital Services Coordinator that sent the request, and tor the Board, could provide additional information, it may request such information. The time period laid down in paragraph 4 shall be suspended until that additional information is provided.
2021/07/08
Committee: IMCO
Amendment 1998 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 4
4. The Digital Services Coordinator of establishment shall, without undue delay and in any event not later than two months following receipt of the request or recommendation, communicate to the Digital Services Coordinator that sent the request, or the Board, its assessment of the suspected infringement, or that of any other competent authority pursuant to national law where relevant, and an explanation of any investigatory or enforcement measures taken or envisaged in relation thereto and a statement of reason in case of decision, following its investigation, not to take measures to ensure compliance with this Regulation.
2021/07/08
Committee: IMCO
Amendment 2002 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 5
5. Where the Digital Services Coordinator that sent the request, or, where appropriate, the Board, did not receive a reply within the time period laid down in paragraph 4 or where it does not agree with the assessment of the Digital Services Coordinator of establishment, it may refer the matter to the Commission and the Digital Services Coordinators, providing all relevant information. That information shall include at least the request or recommendation sent to the Digital Services Coordinator of establishment, any additional information provided pursuant to paragraph 3 and the communication referred to in paragraph 4.
2021/07/08
Committee: IMCO
Amendment 2006 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 6
6. The Commission , in cooperation with the Digital Services Coordinators shall assess the matter within three months following the referral of the matter pursuant to paragraph 5, after having consulted the Digital Services Coordinator of establishment and, unless it referred the matter itself, the Board.
2021/07/08
Committee: IMCO
Amendment 2010 #

2020/0361(COD)

Proposal for a regulation
Article 45 – paragraph 7
7. Where, pursuant to paragraph 6, the Commission in cooperation with the Digital Services Coordinators concludes that the assessment or the investigatory or enforcement measures taken or envisaged pursuant to paragraph 4 are incompatible with this Regulation, it shall request the Digital Service Coordinator of establishment to further assess the matter and take the necessary investigatory or enforcement measures to ensure compliance with this Regulation, and to inform it about those measures taken within two months from that request. Where the Digital Services Coordinator of establishment fails to comply with the request to take the necessary measures before the end of the two months period, the Commission shall reallocate the case without delay to the Digital Services Coordinator initiating the request.
2021/07/08
Committee: IMCO
Amendment 2014 #

2020/0361(COD)

Proposal for a regulation
Article 46 – title
Joint investigations, cooperation among Digital Services Coordinators and requests for Commission intervention
2021/07/08
Committee: IMCO
Amendment 2020 #

2020/0361(COD)

Proposal for a regulation
Article 46 – paragraph 1 a (new)
1a. Where Digital Services Coordinator of the country of destination considers that an alleged infringement exist and causes serious harm to a large number of recipients of the service in that Member States, or could seriously affect their fundamental rights, it may request to the Commission to set up joint investigations between Digital Services Coordinator of country of establishment and the requesting Digital Services Coordinator of country of destination.
2021/07/08
Committee: IMCO
Amendment 2021 #

2020/0361(COD)

Proposal for a regulation
Article 46 – paragraph 1 b (new)
1b. The Commission, in cooperation with the Digital Services Coordinators, shall assess such request and following positive opinion of the Board shall set up a joint investigation where the Digital Services Coordinator of the country of destination can be entitled to exercise the following additional powers with respect to the provider of intermediary services concerned by the alleged infringement: (a) to obtain access to the confidential version of the reports published by the intermediary service providers referred to in Article 13 and where applicable in Articles 23 and 24, as well as to the annual reports drawn up by the other competent authorities pursuant to Article 44; (b) to obtain access to data collected by the Digital Services Coordinator of the country of establishment for the purpose of supervision of that provider on the territory of the Digital Services Coordinator of the country of destination; (c) to initiate proceedings and assess the matter in view of taking specific investigatory or enforcement measures to ensure compliance, where the suspected seriousness of the infringement would require immediate response that would not allow for the provisions of Article 45 to apply; and (d) to request interim measures, as referred to in Article 41(2)(e).
2021/07/08
Committee: IMCO
Amendment 2022 #

2020/0361(COD)

Proposal for a regulation
Article 46 – paragraph 1 c (new)
1c. The Commission decision setting up the joint investigation shall define a deadline by when Digital Services Coordinator of the country of establishment and Digital Services Coordinator launching the request pursuant to paragraph 2 shall agree on a common position on the joint investigation, and where applicable on the enforcement measures to be adopted. If no agreement is reached within this deadline, the case shall be referred to the Commission pursuant to Article 45(5).
2021/07/08
Committee: IMCO
Amendment 2067 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 5 a (new)
5a. The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall make the results of the consultation procedure publicly available.
2021/07/08
Committee: IMCO
Amendment 2070 #

2020/0361(COD)

Proposal for a regulation
Article 48 – paragraph 6
6. The Board shall adopt its rules of procedure by a two-thirds majority of its members, following the consent of the Commission.
2021/07/08
Committee: IMCO
Amendment 2082 #

2020/0361(COD)

Proposal for a regulation
Article 49 – paragraph 1 – point c a (new)
(ca) issue specific recommendations for the implementation of Article 27 and advise on possible application of sanctions in case of repeated non-compliance;
2021/07/08
Committee: IMCO
Amendment 2092 #

2020/0361(COD)

Proposal for a regulation
Article 49 a (new)
Article 49a Reports 1. The Board shall draw up an annual report regarding its actions. The report shall be made public and be transmitted to the European Parliament, to the Council and to the Commission in all official languages of the Member States. 2. The annual report shall include, among other information, a review of the practical application of the opinions, guidelines, recommendations advice and any other measures taken under Article 49(1).
2021/07/08
Committee: IMCO
Amendment 2100 #

2020/0361(COD)

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2
The Commission acting on its own initiative, or the Board acting on its own initiative or upon request of at least three Digital Services Coordinators of destination, mayshall, where it has reasons to suspect that a very large online platform infringed any of those provisions, recommend the Digital Services Coordinator of establishment to investigate the suspected infringement with a view to that Digital Services Coordinator adopting such a decision within a reasonable time period.
2021/07/08
Committee: IMCO
Amendment 2119 #

2020/0361(COD)

Proposal for a regulation
Article 51 – paragraph 1 – introductory part
1. The Commission, acting either upon the Board’s recommendation or on its own initiative after consulting the Board, mayshall initiate proceedings in view of the possible adoption of decisions pursuant to Articles 58 and 59 in respect of the relevant conduct by the very large online platform that:
2021/07/08
Committee: IMCO
Amendment 2131 #

2020/0361(COD)

Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 1
Wheren the Commission decides to initiates proceedings pursuant to paragraph 1, it shall notify all Digital Services Coordinators, the Board and the very large online platform concerned.
2021/07/08
Committee: IMCO
Amendment 2140 #

2020/0361(COD)

Proposal for a regulation
Article 51 a (new)
Article 51a Requirements for the Commission 1. The Commission shall perform its tasks under this Regulation in an impartial, transparent and timely manner. The Commission shall ensure that its units given responsibility for this regulation have the adequate technical, financial and human resources to carry out their tasks. 2. When carrying out their tasks and exercising their powers in accordance with this Regulation, the Commission shall act with complete independence. They shall remain free from any external influence, whether direct or indirect, and shall neither seek nor take instructions from any other public authority or any private party.
2021/07/08
Committee: IMCO
Amendment 2223 #

2020/0361(COD)

Proposal for a regulation
Article 59 – paragraph 4
4. In fixing the amount of the fine, the Commission shall have regard to the nature, gravity, duration and recurrence of the infringement, any fines issued under Article 42 and need to avoid double sanctioning the same infringement and, for fines imposed pursuant to paragraph 2, the delay caused to the proceedings.
2021/07/08
Committee: IMCO
Amendment 2282 #

2020/0361(COD)

Proposal for a regulation
Article 69 – paragraph 2
2. The delegation of power referred to in Articles 23, 25, 31 and 314 shall be conferred on the Commission for an indeterminate period of time from [date of expected adoption of the Regulation].
2021/07/08
Committee: IMCO
Amendment 2284 #

2020/0361(COD)

Proposal for a regulation
Article 69 – paragraph 3
3. The delegation of power referred to in Articles 23, 25, 31 and 314 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2021/07/08
Committee: IMCO
Amendment 95 #

2020/0359(COD)

Proposal for a directive
Recital 30
(30) Access to correct and timely information on vulnerabilities affecting ICT products and services contributes to an enhanced cybersecurity risk management. In that regard, sources of publicly available information on vulnerabilities are an important tool for entities and their users, but also national competent authorities and CSIRTs. For this reason, ENISA should establish a vulnerability registrydatabase where, essential and important entities and their suppliers, as well as entities which do not fall in the scope of application of this Directive may, on a voluntary basis, disclose vulnerabilities and provide the vulnerability information that allows users to take appropriate mitigating measures.
2021/06/03
Committee: IMCO
Amendment 104 #

2020/0359(COD)

Proposal for a directive
Recital 12
(12) Sector-specific legislation and instruments can contribute to ensuring high levels of cybersecurity, while taking full account of the specificities and complexities of those sectors. Where a sector–specific Union legal act requires essential or important entities to adopt cybersecurity risk management measures or to notify incidents or significant cyber threats of at least an equivalent effect to the obligations laid down in this Directive, those sector-specific provisions, including on supervision and enforcement, should apply. The Commission mayshould issue guidelines in relation to the implementation of the lex specialis, taking relevant opinions, expertise and best practices of ENISA and the Cooperation Group into account. This Directive does not preclude the adoption of additional sector- specific Union acts addressing cybersecurity risk management measures and incident notifications. This Directive is without prejudice to the existing implementing powers that have been conferred to the Commission in a number of sectors, including transport and energy.
2021/06/03
Committee: ITRE
Amendment 146 #

2020/0359(COD)

Proposal for a directive
Recital 40
(40) Risk-management measures should include measures to identify any risks of incidents, to prevent, detect and handle incidents and to mitigate their impact. The security of network and information systems should comprise the security of stored, transmitted and processed data. It must be approached using systemic analysis that break down the various processes and the interactions between the subsystems, in order to have a complete picture of the security of the information system. The human factor should be fully taken into account in the analysis.
2021/06/03
Committee: ITRE
Amendment 158 #

2020/0359(COD)

Proposal for a directive
Recital 47
(47) The supply chain risk assessments, in light of the features of the sector concerned, should take into account both technical and, where relevant, non- technical factors including those defined in Recommendation (EU) 2019/534, in the EU wide coordinated risk assessment of 5G networks security and in the EU Toolbox on 5G cybersecurity agreed by the Cooperation Group. To identify the supply chains that should be subject to a coordinated risk assessment, the following criteria should be taken into account: (i) the extent to which essential and important entities use and rely on specific critical ICT services, systems or products; (ii) the relevance of specific critical ICT services, systems or products for performing critical or sensitive functions, including the processing of personal data; (iii) the availability of alternative ICT services, systems or products; (iv) the resilience of the overall supply chain of ICT services, systems or products against disruptive events and (v) for emerging ICT services, systems or products, their potential future significance for the entities’ activities.
2021/06/03
Committee: ITRE
Amendment 171 #

2020/0359(COD)

Proposal for a directive
Article 6 – title
Coordinated vulnerability disclosure and a European vulnerability registrydatabase
2021/06/03
Committee: IMCO
Amendment 175 #

2020/0359(COD)

Proposal for a directive
Article 6 – paragraph 2
2. ENISA shall develop and maintain a European vulnerability registrydatabase. To that end, ENISA shall establish and maintain the appropriate information systems, policies and procedures as well as the appropriate disclosure policies with a view in particular to enabling important and essential entities and their suppliers of network and information systems to disclose and easily register vulnerabilities present in ICT products or ICT services, as well as to provide access to the relevant information on vulnerabilities contained in the registry to all interested parties. The registry, provided that such actions do not undermine the protection of confidentiality and trade secrets. The vulnerability database shall, in particular, include information describing the vulnerability, the affected ICT product or ICT services and the severity of the vulnerability in terms of the circumstances under which it may be exploited, the availability of related patches and, in the absence of available patches, guidance addressed to users of vulnerable products and services as to how the risks resulting from disclosed vulnerabilities may be mitigated.
2021/06/03
Committee: IMCO
Amendment 209 #

2020/0359(COD)

Proposal for a directive
Article 18 – paragraph 2 – point d
(d) measures for supply chain security risk assessment including on security- related aspects concerning the relationships between each entity and its suppliers or service providers such as providers of data storage and processing services or managed security services;
2021/06/03
Committee: IMCO
Amendment 210 #

2020/0359(COD)

Proposal for a directive
Article 18 – paragraph 2 – point f
(f) policies and procedures (testing and auditing) and regular cybersecurity exercises to assess the effectiveness of cybersecurity risk management measures;
2021/06/03
Committee: IMCO
Amendment 215 #

2020/0359(COD)

Proposal for a directive
Article 18 – paragraph 2 – point g a (new)
(ga) security training and awareness.
2021/06/03
Committee: IMCO
Amendment 220 #

2020/0359(COD)

Proposal for a directive
Article 18 – paragraph 6
6. The Commission, is empowered to adopt delegated actn cooperation with the Cooperation Group and ENISA, shall provide guidance and best practices ion accordance with Article 36 to supplement the elthe compliance by entities in a proportionate manner with the requirements, laid down in paragraph 2 to take account of new cyber threats, technological developments or sectorial specificitie, and in particular to the requirement in point (d) of that paragraph. In developing delegated acts, the Commission shall also consult all relevant stakeholders.
2021/06/03
Committee: IMCO
Amendment 237 #

2020/0359(COD)

Proposal for a directive
Article 2 – paragraph 6
6. Where provisions of sector–specific acts of Union law require essential or important entities either to adopt cybersecurity risk management measures or to notify incidents or significant cyber threats, and where those requirements are at least equivalent in effect to the obligations laid down in this Directive, the relevant provisions of this Directive, including the provision on supervision and enforcement laid down in Chapter VI, shall not apply. The Commission shall issue guidelines in relation to the implementation of the sector–specific acts of Union law in order to ensure that security requirements established by this Directive are met by those acts. When preparing those guidelines, the Commission shall take into account ENISA and the Cooperation Group best practices and expertise.
2021/06/03
Committee: ITRE
Amendment 252 #

2020/0359(COD)

Proposal for a directive
Article 21 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts specifyingregularly assess the efficiency and use of the adopted European cybersecurity certification schemes under Article 49 of Regulation (EU) 2019/881 and shall identify which categories of essential entities shall be requirencouraged to obtain a certificate and under which specific European cybersecurity certification schemes pursuant to paragraph 1. The delegated acts shall be adopted in accordance with Article 36.
2021/06/03
Committee: IMCO
Amendment 255 #

2020/0359(COD)

Proposal for a directive
Article 23 – title
Databases infrastructure of domain names and registration data
2021/06/03
Committee: IMCO
Amendment 258 #

2020/0359(COD)

Proposal for a directive
Article 23 – paragraph 1
1. For the purpose of contributing to the security, stability and resilience of the DNS, Member States shall ensure that TLD registries and the entities providing domain name registration services for the TLD shallare required to collect and maintain accurate, verified and complete domain name registration data in a dedicated database facility with due diligence subject to Union data protection law as regards data which are personal data.
2021/06/03
Committee: IMCO
Amendment 260 #

2020/0359(COD)

Proposal for a directive
Article 23 – paragraph 2
2. Member States shall ensure that the databases infrastructure of domain name registration data referred to in paragraph 1 contains relevant information, which shall include at least the registrants’ name, their physical and email address as well as their telephone number, to identify and contact the holders of the domain names and the points of contact administering the domain names under the TLDs.
2021/06/03
Committee: IMCO
Amendment 266 #

2020/0359(COD)

Proposal for a directive
Article 23 – paragraph 3
3. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD have policies and procedures in place to ensure that the databases infrastructure includes accurate, verified and complete information. Member States shall ensure that such policies and procedures are made publicly available.
2021/06/03
Committee: IMCO
Amendment 268 #

2020/0359(COD)

Proposal for a directive
Article 23 – paragraph 4
4. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD publish, without undue delaymake publicly available, without undue delay and in any event within 24 hours after the registration of a domain name, all domain registration data which are not personal dataof legal persons as registrants.
2021/06/03
Committee: IMCO
Amendment 271 #

2020/0359(COD)

Proposal for a directive
Article 23 – paragraph 5
5. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD are required toprovide access to specific domain name registration data upon lawful and. including personal data, upon duly justified requests of legitimate access seekers, in compliance with Union data protection law. Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD reply without undue delay and in any event within 72 hours to all requests for access. Member States shall ensure that policies and procedures to disclose such data are made publicly available.
2021/06/03
Committee: IMCO
Amendment 278 #

2020/0359(COD)

Proposal for a directive
Article 26 – paragraph 3
3. Member States shall set out rulguidelines specifying the procedure, operational elements (including the use of dedicated ICT platforms), content and conditions of the information sharing arrangements referred to in paragraph 2. Such rulguidelines shall also lay downinclude the details of the involvement, where relevant, of public authorities and independent experts in such arrangements, as well as operational elements, including the use of dedicated IT platforms. Member States shall offer support to the application of such arrangements in accordance with their policies referred to in Article 5(2) (g).
2021/06/03
Committee: IMCO
Amendment 278 #

2020/0359(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b
(b) a governance framework to achieve those objectives and priorities, including the policies referred to in paragraph 2 and the roles and responsibilities of public bodies and entities as well as other relevant actors;
2021/06/03
Committee: ITRE
Amendment 279 #

2020/0359(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
(ba) a framework for allocating the roles and responsibilities of public bodies and entities as well as other relevant actors, including the organisation of the cooperation at the national level, between the competent authorities designated under Article 7(1) and Article 8(1), the single point of contact designated under Article 8(3), and CSIRTs designated under Article 9;
2021/06/03
Committee: ITRE
Amendment 287 #

2020/0359(COD)

Proposal for a directive
Article 29 – paragraph 3
3. Where exercising their powers under points (e) to (g) of paragraph 2, the competent authorities shall state the purpose of the request and, specify the information requested and shall limit their requests to the scope of the incident or issue of concern.
2021/06/03
Committee: IMCO
Amendment 291 #

2020/0359(COD)

Proposal for a directive
Article 30 – paragraph 3
3. Where exercising their powers pursuant to points (d) or (e) of paragraph 2, the competent authorities shall state the purpose of the request and, specify the information requested and shall limit their requests to the scope of the incident or issue of concern.
2021/06/03
Committee: IMCO
Amendment 292 #

2020/0359(COD)

Proposal for a directive
Article 31 – paragraph 4
4. Member States shall ensure that infringements of the obligations laid down in Article 18 or Article 20 shall, in accordance with paragraphs 2 and 3 of this Article, be subject to administrative fines of a maximum of at least 10 000 000 EUR or up to 2% of the total worldwide annual turnover of the undertaking to which the essential or important entity belongs in the preceding financial year, whichever is higher.
2021/06/03
Committee: IMCO
Amendment 347 #

2020/0359(COD)

Proposal for a directive
Article 12 – paragraph 4 – point d a (new)
(da) provide advice on the overall consistency of sector-specific cybersecurity requirements;
2021/06/03
Committee: ITRE
Amendment 395 #

2020/0359(COD)

Proposal for a directive
Article 18 – paragraph 2 – point c
(c) backup management, business continuity and crisis management;
2021/06/03
Committee: ITRE
Amendment 419 #

2020/0359(COD)

Proposal for a directive
Article 19 – paragraph 1 a (new)
1a. To identify the specific critical ICT services, systems or products supply chains that are subject to a coordinated risk assessment, the following criteria shall be taken into account: (a) the extent to which essential and important entities use and rely on specific critical ICT services, systems or products; (b) the relevance of specific critical ICT services, systems or products for performing critical or sensitive functions, including the processing of personal data; (c) the availability of alternative ICT services, systems or products; (d) the resilience of the overall supply chain of ICT services, systems or products against disruptive events; and (e) the potential significance to entities' activities of emerging ICT services, systems or products.
2021/06/03
Committee: ITRE
Amendment 426 #

2020/0359(COD)

Proposal for a directive
Article 20 – paragraph 1
1. Member States shall ensure that essential and important entities notify, without undue delay, the competent authorities or the CSIRT in accordance with paragraphs 3 and 4 of any incident having a significant impact on the provision of their services. Where appropriate, those entities shall notify, without undue delay, the recipients of their services of incidents that are likely to adversely affect the provision of that service. Member States shall ensure that those entities report, among others, any information enabling the competent authorities or the CSIRT to determine any cross-border impact of the incident. Where the competent authorities or the CSIRT consider that it is necessary, essential and important entities may notify other essential and important entities of any significant incident occurring in their sector.
2021/06/03
Committee: ITRE
Amendment 489 #

2020/0359(COD)

Proposal for a directive
Article 21 – paragraph 1
1. In order to demonstrate compliance with certain requirements of Article 18, Member States may require essential and important entities to use certifyain certainified ICT products, ICT services and ICT processes, whether procured from third parties or developed by the essential or important entity, certified under specific European cybersecurity certification schemes adopted pursuant to Article 49 of Regulation (EU) 2019/881. The products, services and processes subject to certification may be developed by an essential or important entity or procured from third parti, or, in the absence of such a scheme, under equivalent internationally recognised certification schemes.
2021/06/03
Committee: ITRE
Amendment 497 #

2020/0359(COD)

Proposal for a directive
Article 21 – paragraph 2 a (new)
2a. In order to demonstrate compliance with certain requirements of Article 18 of this Directive, Member States may require essential and important entities to use qualified trust services pursuant to Regulation (EU) No 910/2014.
2021/06/03
Committee: ITRE
Amendment 498 #

2020/0359(COD)

Proposal for a directive
Article 21 – paragraph 2 b (new)
2b. Member States may rely on certified cybersecurity services providers, which could be certified under specific European cybersecurity certification schemes adopted pursuant to Article 49 of Regulation (EU) 2019/881, to enforce the supervision activities provided for in Articles 29 and 30 of this Directive.
2021/06/03
Committee: ITRE
Amendment 167 #

2020/0353(COD)

Proposal for a regulation
Recital 54
(54) As the distributor makes a battery available on the market after it has been placed on the market or put into service by the manufacturer or the importer, the distributor should act with due care to ensure that its handling of the battery does not adversely affect its compliance with the requirements of this Regulation. Online market platforms should be considered as distributors for the purposes of this regulation.
2021/09/23
Committee: IMCO
Amendment 189 #

2020/0353(COD)

Proposal for a regulation
Recital 89
(89) Producers and distributors, including online market platforms, should be actively involved in providing information to end users that batteries should be collected separately, that collection schemes are available and that end users have an important role in ensuring an environmentally optimal management of waste batteries. The disclosure of information to all end users as well as reporting on batteries should make use of modern information technologies. The information should be provided either by classical means, such as outdoors, posters and social media campaigns, or by more innovative means, such as electronic access to websites provided by QR codes affixed to the battery.
2021/09/23
Committee: IMCO
Amendment 204 #

2020/0353(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall apply to all batteries, namely portable batteries, including batteries for light means of transport, automotive batteries, electric vehicle batteries and industrial batteries, regardless of their shape, volume, weight, design, material composition, use or purpose. It shall also apply to batteries incorporated in or added to other products.
2021/09/23
Committee: IMCO
Amendment 209 #

2020/0353(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 21
(21) ‘QR code’ means a matrix barcode that links to information about a battery model;
2021/09/23
Committee: IMCO
Amendment 216 #

2020/0353(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 36
(36) ‘supply chain due diligence’ means the obligations of the economic operator which places a rechargeable industrial battery or, including online market platforms, which places a battery on the market, with regard to social and electric-vehicle battery on the marketnvironmental risk categories, and where applicable, in relation to its management system, risk management, third party verifications by notified bodies and disclosure of information with a view to identifying and addressing actual and potential risks linked to the sourcing, processing and trading of the raw materials required for battery manufacturing;
2021/09/23
Committee: IMCO
Amendment 230 #

2020/0353(COD)

Proposal for a regulation
Article 9 – title
Performance and durability requirements for portable batteries of general use and batteries for light means of transport
2021/09/23
Committee: IMCO
Amendment 234 #

2020/0353(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. From 1 January 2027, portable batteries of general use and batteries for light means of transport shall meet the values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.
2021/09/23
Committee: IMCO
Amendment 237 #

2020/0353(COD)

Proposal for a regulation
Article 9 – paragraph 2 – introductory part
2. By 31 December 2025, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Annex III that portable batteries of general use and batteries for light means of transport shall attain.
2021/09/23
Committee: IMCO
Amendment 242 #

2020/0353(COD)

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
In preparing the delegated act referred to in the first subparagraph, the Commission shall consider the need to reduce the life cycle environmental impact of portable batteries of general use and batteries for light means of transport and take into consideration relevant international standards and labelling schemes. The Commission shall also ensure that the provisions laid down by that delegated act do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated, the affordability and the cost for end-users and the industry’s competitiveness. No excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.
2021/09/23
Committee: IMCO
Amendment 268 #

2020/0353(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a similar battery, without affecting the functioning or the, performance or safe operation of that appliance.
2021/09/23
Committee: IMCO
Amendment 270 #

2020/0353(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)
The economic operator placing the battery on the market shall make information available where such independent operators are established in the respective Member State
2021/09/23
Committee: IMCO
Amendment 354 #

2020/0353(COD)

Proposal for a regulation
Article 23 – paragraph 5
5. A notifying authority shall have a sufficient number of competent personnel and sufficient funding at its disposal for the proper performance of its tasks.
2021/09/23
Committee: IMCO
Amendment 378 #

2020/0353(COD)

Proposal for a regulation
Article 33 – paragraph 2 – introductory part
2. A notified body shall perform its activities in a proportionate manner, avoiding unnecessary burdens for economic operators, in particular small and medium-sized enterprises, and taking due account of the size of an undertaking, the sector in which the undertaking operates, the structure of the undertaking, the degree of complexity of the battery to be assessed and the mass or serial nature of the production process.
2021/09/23
Committee: IMCO
Amendment 385 #

2020/0353(COD)

Proposal for a regulation
Article 36 – title
36 Exchange of experience and good practices
2021/09/23
Committee: IMCO
Amendment 386 #

2020/0353(COD)

Proposal for a regulation
Article 36 – paragraph 1
The Commission shall provide for the organisation of exchange of experience and good practices between the Member States’ national authorities responsible for notification policy.
2021/09/23
Committee: IMCO
Amendment 396 #

2020/0353(COD)

Proposal for a regulation
Article 39 – title
Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWhbatteries on the market to establish supply chain due diligence policies
2021/09/23
Committee: IMCO
Amendment 399 #

2020/0353(COD)

Proposal for a regulation
Article 39 – paragraph 1
1. As of [12 months after the entry into force of the Regulation] the economic operator that places rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWhbatteries on the market shall comply with the supply chain due diligence obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.
2021/09/23
Committee: IMCO
Amendment 461 #

2020/0353(COD)

Proposal for a regulation
Article 43 – paragraph 1
Fulfilment service providers, including online marketplaces, shall ensure that, for batteries that they handle, the conditions during warehousing, packaging, addressing or dispatching, do not jeopardise the batteries’ compliance with the requirements set out in Chapters II, III and IVII.
2021/09/23
Committee: IMCO
Amendment 113 #

2020/0340(COD)

Proposal for a regulation
Recital 2
(2) Over the last few years, digital technologies have transformed the economy and society, affecting all sectors of activity and daily life. Data is at the centre of this transformation: data-driven innovation will bring enormous benefits for citizens, for example through improved personalised medicine, new mobility, and its contribution to the European Green Deal23 . The data economy has to be built in a way to enable companies, especially micro, small and medium sized enterprises (SMEs) to thrive, ensuring data access neutrality, portability and interoperability. In its Data Strategy24 , the Commission described the vision of a common European data space, a Single Market for data in which data could be used irrespective of its physical location of storage in the Union in compliance with applicable law, which can be pivotal for the rapid development of Artificial Intelligence technologies. It also called for the free and safe flow of data with third countries, subject to exceptions and restrictions for public security, public order and other legitimate public policy objectives of the European Union, in line with international obligations. In order to turn that vision into reality, it proposes to establish domain- specific common European data spaces, as the concrete arrangements in which data sharing and data pooling can happen. As foreseen in that strategy, such common European data spaces can cover areas such as health, mobility, manufacturing, financial services, energy, or agriculture or thematic areas, such as the European green deal or European data spaces for public administration or skills. _________________ 23Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions on the European Green Deal. Brussels, 11.12.2019. (COM(2019) 640 final) 24 COM (2020) 66 final.
2021/04/28
Committee: ITRE
Amendment 130 #

2020/0340(COD)

Proposal for a regulation
Recital 4
(4) Action at Union level is necessary in order to address the barriers to a well- functioning data-driven economy and to create a. A Union-wide governance framework for data accessshould have the objective of building trust among individuals and companies for data access, control, sharing, use and re-use, in particular regarding the re-use of certain types of data held by the public sector, the provision of services by data sharing providers to business users and to data subjects, as well as the collection and processing of data made available for altruistic purposes by natural and legal persons.
2021/04/28
Committee: ITRE
Amendment 147 #

2020/0340(COD)

Proposal for a regulation
Recital 10
(10) Prohibited exclusive agreements and other practices or arrangements between data holders and data re-userpertaining to the re-use of data held by public sector bodies which do not expressly grant exclusive rights but which can reasonably be expected to restrict the availability of data for re-use that have been concluded or have been already in place before the entry into force of this Regulation should not be renewed after the expiration of their term. In the case of indefinite or longer-term agreements, they should be terminated within three years from the date of entry into force of this Regulation.
2021/04/28
Committee: ITRE
Amendment 149 #

2020/0340(COD)

Proposal for a regulation
Recital 11
(11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, proportionate and objectively justified, while not restricting competition. In particular, pThe conditions for re-use should be designed in a manner promoting scientific research, e.g. privileging research should be considered non-discriminatory. Public sector bodies allowing re-use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effortburden for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-userAlternatively, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re- user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re- user may have acquired despite the safeguards put in placeis also applies to pseudonymised data which remain personal data in the sense of Regulation (EU)2016/679. In the event of reidentification of data subjects, the obligation to report such a data breach to the public sector body should apply in addition to the obligation to report such a data breach to a supervisory authority and to the data subject in accordance with Regulation (EU) 2016/679. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body shcould support potential re- users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly. When transmitting the request to consent, the public sector body should ensure that the data subject is clearly informed of the possibility to refuse such a request.
2021/04/28
Committee: ITRE
Amendment 153 #

2020/0340(COD)

Proposal for a regulation
Recital 11
(11) Conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re- use, and which should be without prejudice to rights or obligations concerning access to such data, should be laid down. Those conditions should be non-discriminatory, proportionate and, objectively justified, while not restricting and in line with competition law. In particular, public sector bodies allowing re- use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. Conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. Public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. Depending on the case at hand, before its transmission, personal data should be fully anonymised, so as to definitively not allow the identification of the data subjects, or data containing commercially confidential information modified in such a way that no confidential information is disclosed. Where provision of anonymised or modified data would not respond to the needs of the re-user, on- premise or remote re-use of the data within a secure processing environment could be permitted. Data analyses in such secure processing environments should be supervised by the public sector body, so as to protect the rights and interests of others. In particular, personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. The public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. The public sector bodies, where relevant, should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. In this respect, the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users, where practically feasible. No contact information should be given that allows re-users to contact data subjects or companies directly.
2021/04/28
Committee: ITRE
Amendment 164 #

2020/0340(COD)

Proposal for a regulation
Recital 3
(3) It is necessary to improve the conditions for data sharing in the internal market, by creating a harmonised framework for data exchanges. Sector- specific legislation can develop, adapt and propose new and complementary elements, depending on the specificities of the sector, such as the envisaged legislation on the European health data space25 and on access to vehicle data. Moreover, certain sectors of the economy are already regulated by sector-specific Union law that include rules relating to cross-border or Union wide sharing or access to data26 . This Regulation is therefore without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council (27 ), and in particular the implementation of this Regulation shall not prevent cross border transfers of data in accordance with Chapter V of Regulation (EU) 2016/679 from taking place, Directive (EU) 2016/680 of the European Parliament and of the Council (28 ), Directive (EU) 2016/943 of the European Parliament and of the Council (29 ), Regulation (EU) 2018/1807 of the European Parliament and of the Council (30 ), Regulation (EC) No 223/2009 of the European Parliament and of the Council (31 ), Directive 2000/31/EC of the European Parliament and of the Council (32 ), Directive 2001/29/EC of the European Parliament and of the Council (33 ), Directive (EU) 2019/790 of the European Parliament and of the Council (34 ), Directive 2004/48/EC of the European Parliament and of the Council (35 ), Directive (EU) 2019/1024 of the European Parliament and of the Council (36 ), as well as Regulation 2018/858/EU of the European Parliament and of the Council (37 ), Directive 2010/40/EU of the European Parliament and of the Council (38 ) and Delegated Regulations adopted on its basis, and any other sector-specific Union legislation that organises the access to and re-use of data. This Regulation should be without prejudice to the access and use of data for the purpose of international cooperation in the context of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties. A horizontal regime for the re-use of certain categories of protected data held by public sector bodies, the provision of data sharing servicintermediaries and of services based on data altruism in the Union should be established. Specific characteristics of different sectors may require the design of sectoral data-based systems, while building on the requirements of this Regulation. Where a sector-specific Union legal act requires public sector bodies, providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical, administrative or organisational requirements, including through an authorisation or certification regime, those provisions of that sector-specific Union legal act should also apply. _________________ 25 See: Annexes to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Commission Work Programme 2021 (COM(2020) 690 final). 26For example, Directive 2011/24/EU in the context of the European Health Data Space, and relevant transport legislation such as Directive 2010/40/EU, Regulation 2019/1239 and Regulation (EU) 2020/1056, in the context of the European Mobility Data Space. 27Regulation (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) 28 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. (OJ L 119, 4.5.2016, p.89) 29Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. (OJ L 157, 15.6.2016, p.1) 30 Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union. (OJ L 303, 28.11.2018, p. 59) 31Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities. (OJ L 87, 31.03.2009, p. 164) 32Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000, on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). (OJ L 178, 17.07.2000, p. 1) 33Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. (OJ L 167, 22.6.2001, p. 10) 34 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC. (OJ L 130, 17.5.2019, p. 92) 35Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. (OJ L 157, 30.4.2004). 36Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information. (OJ L 172, 26.6.2019, p. 56). 37 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). 38 Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport. (OJ L 207, 6.8.2010, p. 1)
2021/06/07
Committee: LIBE
Amendment 180 #

2020/0340(COD)

Proposal for a regulation
Recital 19
(19) In order to build trust in re-use mechanisms, it may be necessary to attach stricter conditions for certain types of non- personal data that have been identified as highly sensitive by a specific Union act, as regards the transfer to third countries, if such transfer could jeopardise public policy objectives, in line with international commitments. For example, in the health domain, certain datasets held by actors in the public health system, such as public hospitals, could be identified as highly sensitive health data. In order to ensure harmonised practices across the Union, such types of highly sensitive non-personal public data should be defined by Union law, for example in the context of the European Health Data Space or other sectoral legislation. The conditions attached to the transfer of such data to third countries should be laid down in delegated acts. Conditions should be proportionate, non-discriminatory and necessary to protect legitimate public policy objectives identified, such as the protection of public health, public order, safety, the environment, public morals, consumer protection, privacy and personal data protection. The conditions should correspond to the risks identified in relation to the sensitivity of such data, including in terms of the risk of the re- identification of individuals. These conditions could include terms applicable for the transfer or technical arrangements, such as the requirement of using a secure processing environment, limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. In exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.
2021/04/28
Committee: ITRE
Amendment 182 #

2020/0340(COD)

Proposal for a regulation
Recital 15
(15) Furthermore, it is important to protect commercially sensitive data of non- personal nature, notably trade secrets, but also non-personal data representing content protected by intellectual property rights from unlawful access that may lead to IP theft or industrial espionage. In order to ensure the protection of fundamental rights or interests of data holders, non-personal data which is to be protected from unlawful or unauthorised access under Union or national law, and which is held by public sector bodies, should be transferred only to third-countries where appropriate safeguards for the use of data are provided. Such appropriate safeguards should be considered to exist when in that third- country there are equivalent measures in place which ensure that non-personal data benefits from a level of protection similar to that applicable by means of Union or national law in particular as regards the protection of trade secrets and the protection of intellectual property rights. To that end, the Commission may adopt implementing acts that declare that a third country provides a level of protection that is essentially equivalent to those provided by Union or national law. The assessment of the level of protection afforded in such third-country should, in particular, take into consideration the relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law concerning the access to and protection of non-personal data, any access by the public authorities of that third country to the data transferred, the existence and effective functioning of one or more independent supervisory authorities in the third country with responsibility for ensuring and enforcing compliance with the legal regime ensuring access to such data, or the third countries’ international commitments regarding the protection of data the third country concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems. The existence of effective legal remedies for data holders, public sector bodies or data sharing providerintermediaries in the third country concerned is of particular importance in the context of the transfer of non-personal data to that third country. Such safeguards should therefore include the availability of enforceable rights and of effective legal remedies.
2021/06/07
Committee: LIBE
Amendment 184 #

2020/0340(COD)

Proposal for a regulation
Recital 20
(20) Public sector bodies should be able to charge fees for the re-use of data but. Such fees should be reasonable, transparent, published online and non-discriminatory. Public sector bodies should also be able to decide to make the data available at lower or no cost, for example for certain categories of re-uses such as non- commercial re-use, or re-use by micro, small and medium-sized enterprises, so as to incentivise such re-use in order to stimulate research and innovation and support companies that are an important source of innovation and typically find it more difficult to collect relevant data themselves, in line with State aid rules. Such fees should be reasonable, transparent, published online and non- discriminatory. The list of categories of re- users for which discounted or no fees apply should be made public together with the criteria used to establish such list, in line with State aid rules and competition law.
2021/04/28
Committee: ITRE
Amendment 191 #

2020/0340(COD)

Proposal for a regulation
Recital 22
(22) Providers of data sharing services (data intermediariData intermediation services) are expected to play a key role in the data economy, as a tool to facilitate the aggregation and exchange of substantial amounts of relevant data. Data intermediaries offering services that connect the different actors have the potential to contribute to the efficient pooling of data as well as to the facilitation of bilateral data sharing. Specialised data intermediaries that are independent from both data holders and data users can have a facilitating role in the emergence of new data-driven ecosystems independent from any player with a significant degree of market power. This Regulation should only cover providers of data sharingdata intermediation services that have as a main objective the establishment of a business, a legal and potentially also technical relation between data holders, including data subjects, on the one hand, and potential users on the other hand, and assist both parties in a transaction of data assets between the two. It should only cover services aiming at intermediating between an indefinite number of data holders and data users, excluding data sharing services that are meant to be used by a closed group of data holders and users. Data intermediation services do not share data themselves, but only provide an intermediation service to entities wishing to engage in data sharing. Providers of cloud services should be excluded, as well as service providers that obtain data from data holders, aggregate, enrich or transform the data and licence the use of the resulting data to data users, without establishing a direct relationship between data holders and data users, for example advertisement or data brokers, data consultancies, providers of data products resulting from value added to the data by the service provider. At the same time, data sharing service providerintermediation services should be allowed to make adaptations to the data exchanged, to the extent that this improves the usability of the data by the data user, where the data user desires this, such as to convert it into specific formats. In addition, services that focus on the intermediation of content, in particular on copyright- protected content, should not be covered by this Regulation. Data exchange platforms that are exclusively used by one data holder in order to enable the use of data they hold as well as platforms developed in the context of objects and devices connected to the Internet-of-Things that have as their main objective to ensure functionalities of the connected object or device and allow value added services, should not be covered by this Regulation. ‘Consolidated tape providers’ in the sense of Article 4 (1) point 53 of Directive 2014/65/EU of the European Parliament and of the Council42 as well as ‘account information service providers’ in the sense of Article 4 point 19 of Directive (EU) 2015/2366 of the European Parliament and of the Council43 should not be considered as data sharing service providers for the purposes of this Regulation. Entities which restrict their activities to facilitating use of data made available on the basis of data altruism and that operate on a not-for-profit basis should not be covered by Chapter III of this Regulation, as this activity serves objectives of general interest by increasing the volume of data available for such purposes. _________________ 42Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, OJ L 173/349. 43Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC.
2021/06/07
Committee: LIBE
Amendment 196 #

2020/0340(COD)

(27) In order to ensure the compliance of the providers of data sharing servicdata intermediaries with the conditions set out in this Regulation, such providerintermediaries should have a place of establishment in the Union. Alternatively, where a provider of data sharing servicesdata intermediary not established in the Union offers services within the Union, it should designate a representative. Designation of a representative is necessary, given that such providers of data sharing servicdata intermediaries handle personal data as well as commercially confidential data, which necessitates the close monitoring of the compliance of such service providerdata intermediaries with the conditions laid out in this Regulation. In order to determine whether such a provider of data sharing servicesdata intermediary is offering services within the Union, it should be ascertained whether it is apparent that the provider of data sharing servicesdata intermediary is planning to offer services to persons in one or more Member States. The mere accessibility in the Union of the website or of an email address and of other contact details of the provider of data sharing servicesdata intermediary, or the use of a language generally used in the third country where the provider of data sharing servicesdata intermediary is established, should be considered insufficient to ascertain such an intention. However, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering services in that other language, or the mentioning of users who are in the Union, may make it apparent that the provider of data sharing servicesdata intermediary is planning to offer services within the Union. The representative should act on behalf of the provider of data sharing servicesdata intermediary and it should be possible for competent authorities to contact the representative. The representative should be designated by a written mandate of the provider of data sharing servicesdata intermediary to act on the latter's behalf with regard to the latter's obligations under this Regulation.
2021/06/07
Committee: LIBE
Amendment 200 #

2020/0340(COD)

Proposal for a regulation
Recital 24
(24) Data cooperatives seek to strengthen the position of individuals in making informed choices before consenting to data use, influencing the terms and conditions of data user organisations attached to data use or potentially solving disputes between members of a group on how data can be used when such data pertain to several data subjects within that group. In this context it is important to acknowledge that the rights under Regulation (EU) 2016/679 can only be exercised by each individual and cannot be conferred or delegated to a data cooperative. Data cooperatives could also provide a useful means for one-person companies, micro, small and medium-sized enterprises that in terms of knowledge of data sharing, are often comparable to individuals. Upon request and informed consent of their associated members, cooperatives - which detain the data of their members for the realisation of their economic, social and cultural purposes - should be identifiable as "data cooperatives".
2021/04/28
Committee: ITRE
Amendment 205 #

2020/0340(COD)

Proposal for a regulation
Recital 25
(25) In order to increase trust in such data sharing services, in particular related to the use of data and the compliance with the conditions imposed by data holders, it is necessary to create a Union-level regulatory framework, which would set out highly harmonised requirements related to the trustworthy provision of such data sharing services. This will contribute to ensuring that data holders and data users have better control over the access to and use of their data, in accordance with Union law. Both in situations where data sharing occurs in a business-to-business context and where it occurs in a business-to- consumer context, data sharing providers should offer a novel, ‘European’ way of data governance, by providing a separation in the data economy between data provision, intermediation and use, which is at the core of increasing such trust among data holders, be they individuals or companies. Providers of data sharing services may also make available specific technical infrastructure for the interconnection of data holders and data users.
2021/04/28
Committee: ITRE
Amendment 207 #

2020/0340(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b
(b) a notification and supervisory framework for the provision of data sharingintermediation services;
2021/06/07
Committee: LIBE
Amendment 214 #

2020/0340(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
(2 a) This Regulation does not create a legal basis for the processing of personal data and should be without prejudice to Regulation (EU) 2016/679 and Directive 2002/58/EC of the European Parliament and of the Council1a, including the powers of supervisory authorities. In the event of a conflict between the provisions of this Regulation and Union law on the protection of personal data, the latter prevails.
2021/06/07
Committee: LIBE
Amendment 216 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘data intermediation service’ means the provision of a commercial service for the exchange, pooling or trade of data; The following shall, inter alia, not be considered to be data intermediation services for the purposes of this Regulation: (a) cloud services; (b) services that obtain data from data holders, aggregate, enrich or transform the data and license the use of the resulting data to data users, without establishing a direct relationship between data holders and data users; (c) services that focus on the intermediation of content, in particular on copyright-protected content; (d) services of data exchange platforms that are exclusively used by one data holder in order to enable the use of data they hold as well as platforms developed in the context of objects and devices connected to the Internet-of-Things that have as their main objective of ensuring functionalities of the connected object or device and allow value added services; (e) services of ‘consolidated tape providers’ as defined in point (53) of Article 4(1) of Directive 2014/65/EU; and (f) services of ‘account information service providers’ as defined in point 19 of Article 4 of Directive(EU) 2015/2366;
2021/06/07
Committee: LIBE
Amendment 219 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
(2 b) ‘data intermediary’ means a provider of a data intermediation service, which, through the provision of technical, legal and other services establishes relationships between an undefined number of data holders and data users for the exchange, pooling or trade of data;
2021/06/07
Committee: LIBE
Amendment 221 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 c (new)
(2 c) ‘personal data’ means any information relating to a data subject as defined in point (1) of Article 4 of Regulation(EU) 2016/679;
2021/06/07
Committee: LIBE
Amendment 225 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
(3 a) ‘consent’ means consent as defined in point (11) of Article 4 of Regulation (EU) 2016/679;
2021/06/07
Committee: LIBE
Amendment 226 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
(3 b) 'data subject' means an identified or identifiable natural person as referred to in point (1) of Article 4 of Regulation (EU) 2016/679;
2021/06/07
Committee: LIBE
Amendment 231 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘data user’ means a natural or legal person who has lawful access to certain personal or non-personal data and is authorisedhas the right, including under Regulation EU (2016/679) in the case of personal data, to use that data for commercial or non- commercial purposes;
2021/06/07
Committee: LIBE
Amendment 235 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
(7) 'data shariexchange’ means the provision by a data holder of datar data intermediation service (or data intermediary) to a data user for the purpose of joint or individual use of the shared data, based on voluntary agreements, directly or through an intermediary;, under open data or commercial licences, for free or against remuneration; [to apply coherently throughout the text]
2021/06/07
Committee: LIBE
Amendment 238 #

2020/0340(COD)

Proposal for a regulation
Recital 37
(37) This Regulation is without prejudice to the establishment, organisation and functioning of entities that seek to engage in data altruism pursuant to national law. It builds on national law requirements to operate lawfully in a Member State as a not-for-profit organisation. Entities which meet the requirements in this Regulation should be able to use the title of ‘Data Altruism Organisations recognised in the Union’. The entity should use a EU dedicated logo or QR code linking to the European register of recognised data altruism organisations, both online and offline. The logo shall have the objective of providing a coherent visual identity to European Union data altruism organisations and contribute to increase trust for data subjects and legal entities. The logo must be created and displayed with rules established in a separate implementing act.
2021/04/28
Committee: ITRE
Amendment 250 #

2020/0340(COD)

Proposal for a regulation
Recital 40
(40) In order to successfully implement the data governance framework, a European Data Innovation Board should be established, in the form of an expert group. The Board should consist of representatives of the Member States, the Commission and representatives of relevant data spaces and specific sectors (such as health, agriculture, transport and statistics), the EU SME Envoy or a representative appointed by the network of SME envoys and representatives of relevant Agencies. The European Data Protection Board should be invited to appoint a representative to the European Data Innovation Board. Representatives of national, trans-national or Common European data spaces, businesses, researchers and civil society should be invited regularly to participate in the work of the Board. The Board should meet in different configurations, depending on the subjects to be discussed.
2021/04/28
Committee: ITRE
Amendment 273 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 13
(13) Where the re-user intends to transfer non-personal data to a third country, the public sector body shall inform the data holder about the intention to transfer ofthe data to that third country and the purpose for such transfer.
2021/06/07
Committee: LIBE
Amendment 285 #

2020/0340(COD)

Providers of data sharingData intermediation services
2021/06/07
Committee: LIBE
Amendment 292 #

2020/0340(COD)

Proposal for a regulation
Article 10 – title
Notification of data sharing service providerintermediaries
2021/06/07
Committee: LIBE
Amendment 293 #

2020/0340(COD)

Proposal for a regulation
Article 10 – paragraph 1
(1) Any provider of data sharing servicesintermediary who intends to provide the services referred to in Article 9 (1) shall submit a notification to the competent authority for data intermediaries, referred to in Article 12.
2021/06/07
Committee: LIBE
Amendment 294 #

2020/0340(COD)

Proposal for a regulation
Article 10 – paragraph 2
(2) For the purposes of this Regulation, a provider of data sharing servicesdata intermediary with establishments in more than one Member State, shall be deemed to be under the jurisdiction of the Member State in which it has its main establishment.
2021/06/07
Committee: LIBE
Amendment 295 #

2020/0340(COD)

Proposal for a regulation
Article 10 – paragraph 3
(3) A provider of data sharing servicesintermediary that is not established in the Union, but offers the services referred to in Article 9 (1) within the Union, shall appoint a legal representative in one of the Member States in which those services are offered. The provider shall be deemed to be under the jurisdiction of the Member State in which the legal representative is established.
2021/06/07
Committee: LIBE
Amendment 298 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘personal data’ means any information relating to a data subject as defined in point (1) of Article 4 of Regulation (EU) 2016/679;
2021/04/28
Committee: ITRE
Amendment 299 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
(2 b) 'data subject' means an identified or identifiable natural person as referred to in point (1) of Article 4 of Regulation (EU) 2016/679;
2021/04/28
Committee: ITRE
Amendment 299 #

2020/0340(COD)

Proposal for a regulation
Article 11 – title
Conditions for providing data sharingintermediation services
2021/06/07
Committee: LIBE
Amendment 300 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – introductory part
The provision of data sharingintermediation services referred in Article 9 (1) shall be subject to the following conditions:
2021/06/07
Committee: LIBE
Amendment 301 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 1
(1) the provider may notdata intermediary shall use the data for which it provides services for oonly in the context of ther purposes than to put them at the disposal of data users and data sharingrovision of services referred to in Article 9(1); these data intermediation services shall be placed in a separate legal entity;
2021/06/07
Committee: LIBE
Amendment 303 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 2
(2) the metadata collected from the provision of the data sharingintermediation service may be used only for the development of that service and should be made available to the data holders upon request;
2021/06/07
Committee: LIBE
Amendment 304 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 3
(3) the providerdata intermediary shall ensure that the procedure for access to its service is fair, transparent and non-discriminatory for both data holders and data users, including as regards prices and terms and conditions of the provision of service;
2021/06/07
Committee: LIBE
Amendment 305 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 4
(4) the providerdata intermediary shall facilitate the exchange of the data in the format in which it receives it from the data holder and shall convert the data into specific formats only to enhance interoperability within and across sectors or if requested by the data user or where mandated by Union law or to ensure harmonisation with international or European data standards;
2021/06/07
Committee: LIBE
Amendment 306 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 4 a (new)
(4 a) the data intermediary may offer additional specific services facilitating the exchange of the data and tools capable of analysis, aggregation, improving the quality or conversion of data to data holders or data users. Those tools shall be used only at the explicit request or approval of the data holder and third- party tools offered in that context shall not use data for purposes other than those requested or approved by the data holder
2021/06/07
Committee: LIBE
Amendment 307 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 5
(5) the providerdata intermediary shall have procedures in place to monitor and prevent fraudulent or abusive practices in relation to access to data from parties seeking access through their services;
2021/06/07
Committee: LIBE
Amendment 308 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 6
(6) the providerdata intermediary shall ensure a reasonable continuity of provision of its services and, in the case of services which ensure storage of data, shall have sufficient and effective guarantees in place that allow data holders and data users to obtain access to their data and to retrieve their data in case of insolvency of the provider;
2021/06/07
Committee: LIBE
Amendment 310 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 7
(7) the providerdata intermediary shall put in place adequate technical, legal and organisational measures in order to prevent transfer or access to non-personal data that is unlawful under Union law;
2021/06/07
Committee: LIBE
Amendment 311 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 8
(8) the providerdata intermediary shall take measures to ensure a high level of security, including cybersecurity standards for the storage and transmission of non-personal data;
2021/06/07
Committee: LIBE
Amendment 312 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 9
(9) the providerdata intermediary shall have procedures in place to ensure compliance with the Union and national rules onlaw, including rules on data protection and competition;
2021/06/07
Committee: LIBE
Amendment 315 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7
(7) ‘data shariexchange’ means the provisionand encompasses all the activities performed by athe data holder of, the data to a data user for the purpose of joint or individual use of the shared data, based on voluntary agreements, directly or through an intermediary; user and the data sharing service provider, for the purpose of exchanging data, under open data or commercial licenses, for free or against remuneration.
2021/04/28
Committee: ITRE
Amendment 315 #

2020/0340(COD)

(10) the providerdata intermediary offering services to data subjects shall act in the data subjects’ best interest when facilitating the exercise of their rights, in particular by advising data subjects on potential data uses and standard terms and conditions attached to such uses;
2021/06/07
Committee: LIBE
Amendment 316 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 11
(11) where a providerdata intermediary provides tools for obtaining consent from data subjects or permissions to process data made available by legal persondata holders, it shall specify the jurisdiction or jurisdictions outside the Union in which the data use is intended to take place and provide data subjects with tools to withdraw consent and data holders with tools to withdraw permissions to process data at any point in time.
2021/06/07
Committee: LIBE
Amendment 329 #

2020/0340(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
(10 a) 'data cooperative' means an organisation supporting its members, who are data subjects or one-person companies, micro, small and medium- sized enterprises, in making informed choices before consenting to data processing, or in negotiating terms and conditions for data processing and data sharing;
2021/04/28
Committee: ITRE
Amendment 332 #

2020/0340(COD)

Proposal for a regulation
Article 14 – paragraph 1
This Chapter shall not apply to not-for- profit entities whose activities consist only in seeking to collect data for objectives of general interest, made available by natural or legal persons on the basis of data altruism.:
2021/06/07
Committee: LIBE
Amendment 333 #

2020/0340(COD)

Proposal for a regulation
Article 14 – paragraph 1 a (new)
(a) public sector bodies that offer data sharing facilities on a non-commercial basis;
2021/06/07
Committee: LIBE
Amendment 334 #

2020/0340(COD)

Proposal for a regulation
Article 14 a (new)
Article 14 a b) not-for-profit entities whose activities consist only in seeking to collect data for objectives of general interest, made available by natural or legal persons on the basis of data altruism.
2021/06/07
Committee: LIBE
Amendment 344 #

2020/0340(COD)

Proposal for a regulation
Article 19 – paragraph 1 – introductory part
(1) Any entity entered in the register of recognised data altruism organisations shall inform data holders in a clear and comprehensible manner and prior to any processing of their data:
2021/06/07
Committee: LIBE
Amendment 348 #

2020/0340(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point a
(a) about the purposes of general interest for which it permits the processing of their data by a data user in an easy-to- understand manner;
2021/06/07
Committee: LIBE
Amendment 349 #

2020/0340(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point b
(b) about any processing outside the Unionf their data performed by a data user outside the Union, including the location and the purposes for which it permits the processing of data.
2021/06/07
Committee: LIBE
Amendment 353 #

2020/0340(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
(2 a) The entity shall also ensure that consent from data subjects or permissions to process data made available by legal entities can be withdrawn easily, at any point in time and in a user-friendly manner by the data subject or legal entities.
2021/06/07
Committee: LIBE
Amendment 357 #

2020/0340(COD)

Proposal for a regulation
Article 19 – paragraph 2 b (new)
(2 b) The entity shall take measures to ensure high level of security, including cybersecurity standards, for the storage and processing of data that it has collected based on data altruism.
2021/06/07
Committee: LIBE
Amendment 360 #

2020/0340(COD)

Proposal for a regulation
Article 19 – paragraph 3
(3) Where an entity entered in the public register of recognised data altruism organisations provides tools for obtaining consent from data subjects or permissions to process data made available by legal persons, it shall specify the jurisdiction or jurisdictions outside of the Union in which the data use is intended to take place.
2021/06/07
Committee: LIBE
Amendment 361 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 1
(1) Public sector bodies which are (1) competent under national law to grant or refuse access for the re-use of one or more of the categories of data referred to in Article 3 (1) shall make publicly available the conditions for allowing such re-use and the procedure to request the re-use. In that task, they may be assisted by the competent bodies referred to in Article 7 (1).
2021/04/28
Committee: ITRE
Amendment 366 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 2
(2) Conditions for re-use shall be non- discriminatory, proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. These conditions shall not be used to restrictbe in line with competition law.
2021/04/28
Committee: ITRE
Amendment 370 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 3
(3) Public sector bodies may impose an obligation to re-use only pre-viously processed data where such pre-processing, performed by the public sector itself, aims to anonymize or pseudonymise personal data or delete commercially confidential information, including trade secrets. or content protected by Intellectual Property Rights;
2021/04/28
Committee: ITRE
Amendment 377 #

2020/0340(COD)

Proposal for a regulation
Article 30 – paragraph 5
(5) The public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing providerintermediary and the entity providing data altruism shall inform the data holder about the existence of a request of an administrative authority in a third-country to access its data before complying to the request, except in cases where the request serves law enforcement purposes and for as long as this is necessary to preserve the effectiveness of the law enforcement activity.
2021/06/07
Committee: LIBE
Amendment 379 #

2020/0340(COD)

Proposal for a regulation
Article 32 – paragraph 1
By [fourtwo years after the datae of application of this Regulation], the Commission shall carry out an evaluation of this Regulation, andssessing, inter alia: (a) the conditions for re-use of data under Chapter II in view of their further harmonisation and the potential need for definition of highly sensitive data; (b) the level of compliance with the requirements set out in this Regulation, as well as the quality and security of services provided by data intermediaries under Chapter III; (c) the type of altruistic organisations registered under Chapter IV and overview of the objectives of general interests for which data are shared in view of establishing clear criteria in this respect; (d) the functioning of the Data Innovation Board; (e) the conditions for international access under Article 30. The Commission shall submit a report on its main findings to the European Parliament and to the Council as well as to the European Economic and Social Committee. Member States shall provide the Commission with the information necessary for the preparation of that report.
2021/06/07
Committee: LIBE
Amendment 386 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 5
(5) The public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used, including high level cybersecurity standards. The public sector body shall be able to verify any results of processing of data undertaken by the re- user and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties.
2021/04/28
Committee: ITRE
Amendment 400 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 9 – point a a (new)
(a a) ensure that a natural or legal person located in a third country seeking the right to re-use has a legal representative in one of the Member States;
2021/04/28
Committee: ITRE
Amendment 401 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 9 – subparagraph 1
Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29 (2) and will permit transfers to the concerned third country.
2021/04/28
Committee: ITRE
Amendment 417 #

2020/0340(COD)

Proposal for a regulation
Article 5 – paragraph 13
(13) Where the re-user intends to transfer non-personal data to a third country, the public sector body shall inform the data holder about the transfer of data to that third country and the purpose of such transfer.
2021/04/28
Committee: ITRE
Amendment 422 #

2020/0340(COD)

Proposal for a regulation
Article 6 – paragraph 2
(2) Any fees shall be non- discriminatory, proportionate and objectively justified and shall not restrictbe in line with competition law.
2021/04/28
Committee: ITRE
Amendment 429 #

2020/0340(COD)

Proposal for a regulation
Article 6 – paragraph 4
(4) Where they apply fees, public sector bodies shall take measures to incentivise the re-use of the categories of data referred to in Article 3 (1) for non- commercial purposes and bythe re-use by micro and small and medium-sized enterprises in line with State aid rules.
2021/04/28
Committee: ITRE
Amendment 430 #

2020/0340(COD)

Proposal for a regulation
Article 6 – paragraph 4 a (new)
(4 a) Public sector bodies may set up a list of categories of re-users for which data is made available at reduced or no cost, which shall be published together with the criteria used to establish such list and which shall have the objective to foster a wider re-use of the categories of data referred to in Article 3(1) and accessibility by a wider range of re-users, in line with State aid rules and competition law;
2021/04/28
Committee: ITRE
Amendment 437 #

2020/0340(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point b
(b) providing technical support in the application of tested techniques ensuring data processing in a manner that preserves privacy of the information contained in the data for which re-use is allowed, including techniques for pseudonymisation, anonymisation, generalisation, suppression and randomisation of personal data and the deletion of commercially confidential information, including trade secrets or content protected by Intellectual Property Rights;
2021/04/28
Committee: ITRE
Amendment 456 #

2020/0340(COD)

Proposal for a regulation
Article 8 – paragraph 3
(3) Requests for the re-use of the categories of data referred to in Article 3 (1) shall be granted or refused by the competent public sector bodies or the competent bodies referred to in Article 7 (1) within a reasonable timethe shortest delay, and in any case within two months from the date of the request.
2021/04/28
Committee: ITRE
Amendment 462 #

2020/0340(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point c
(c) services of data cooperatives, that is to say services supporting data subjects or one-person companies or micro, small and medium-sized enterprises, who are members of the cooperative or who confer the power to the cooperative to negotiate terms and conditions for data processing before they consent, in making informed choices before consenting to data processing, and allowing for mechanisms to exchange views on data processing purposes and conditions that would best represent the interests of data subjects or legal persons.
2021/04/28
Committee: ITRE
Amendment 503 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 2
(2) the metadata collected from the provision of the data sharing service may be used only for the development of that service and should be made available to the data holders upon request;
2021/04/28
Committee: ITRE
Amendment 512 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 5
(5) the provider shall have procedures in place to prevent and monitor potential fraudulent or abusive practices in relation to access to data from parties seeking access through their services;
2021/04/28
Committee: ITRE
Amendment 514 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 6
(6) the provider shall ensure a reasonable continuity of provision of its services and, in the case of services which ensure storage of data, shall have sufficient guarantees in place that allow data holders and data users to obtain access to and to retrieve their data in case of insolvency of the provider;
2021/04/28
Committee: ITRE
Amendment 521 #

2020/0340(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point 8
(8) the provider shall take measures to ensure a high level of security, including cybersecurity standards, for the storage and transmission of non-personal data;
2021/04/28
Committee: ITRE
Amendment 536 #

2020/0340(COD)

Proposal for a regulation
Article 12 – paragraph 3
(3) The designated competent authorities, the data protection authorities, the national competition authorities, the authorities in charge of cybersecurity, and other relevant sectorial authorities shall build up a strong cooperation and exchange the information which is necessary for the exercise of their tasks in relation to data sharing providers.
2021/04/28
Committee: ITRE
Amendment 539 #

2020/0340(COD)

Proposal for a regulation
Article 13 – paragraph 3
(3) Where the competent authority finds that a provider of data sharing services does not comply with one or more of the requirements laid down in Article 10 or 11, it shall notify that provider of those findings and give it the opportunity to state its views, within a reasonable time limitthe shortest delay.
2021/04/28
Committee: ITRE
Amendment 550 #

2020/0340(COD)

Proposal for a regulation
Article 14 – paragraph 1
This Chapter shall not apply to not-for- profit entities whose activities consist only in seeking to collect data for objectives of general interest, made available by natural or legal persons on the basis of data altruism.:
2021/04/28
Committee: ITRE
Amendment 553 #

2020/0340(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point a (new)
(a) public sector bodies that offer data sharing facilities on a non-commercial basis;
2021/04/28
Committee: ITRE
Amendment 554 #

2020/0340(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point b (new)
(b) not-for-profit entities whose activities consist only in seeking to collect data for objectives of general interest, made available by natural or legal persons on the basis of data altruism.
2021/04/28
Committee: ITRE
Amendment 564 #

2020/0340(COD)

Proposal for a regulation
Article 15 – paragraph 3
(3) An entity registered in the register in accordance with Article 16 may refer to itself as a ‘data altruism organisation recognised in the Union’ in its written and spoken communication. The entity shall use a EU dedicated logo or QR code linking to the European register of recognised data altruism organisations, both online and offline. The logo shall have the objective of providing a coherent visual identity to European Union data altruism organisations and contribute to increase trust for data subjects and legal entities. The logo must be created and displayed with rules established in a separate implementing act in accordance with the procedure referred to in Article 29.
2021/04/28
Committee: ITRE
Amendment 565 #

2020/0340(COD)

Proposal for a regulation
Article 15 – paragraph 3
(3) An entity registered in the register in accordance with Article 16 may refer to itself as a ‘data altruism organisation recognised in the Union’ in its written and spoken communication. The entity shall use a EU dedicated logo and link to the European register of recognised data altruism organisations. The logo shall have the objective of providing a coherent visual identity to European Union data altruism organisations and contribute to increase trust for data subjects and legal entities. The logo must be created and displayed with rules established in a separate implementing act in accordance with the procedure referred to in Article 29.
2021/04/28
Committee: ITRE
Amendment 594 #

2020/0340(COD)

Proposal for a regulation
Article 17 – paragraph 6
(6) The information referred to in paragraph 4, points (a), (b), (f), (g), and (h) shall be published in the national public register of recognised data altruism organisations.
2021/04/28
Committee: ITRE
Amendment 597 #

2020/0340(COD)

Proposal for a regulation
Article 17 – paragraph 7
(7) Any entity entered in the public register of recognised data altruism organisations shall submit any changes of the information provided pursuant to paragraph 4 to the competent authority within 14 calendar days from the day on which the change takes place.
2021/04/28
Committee: ITRE
Amendment 607 #

2020/0340(COD)

Proposal for a regulation
Article 19 – paragraph 1 – introductory part
(1) Any entity entered in the register of recognised data altruism organisations shall inform data holderssubjects and legal entities in a clear and easy-to-understand manner:
2021/04/28
Committee: ITRE
Amendment 612 #

2020/0340(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point a
(a) about the purposes of general interest for which it permits the processing of their data by a data user in an easy-to- understand manner;
2021/04/28
Committee: ITRE
Amendment 615 #

2020/0340(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point b
(b) about any processingthe purposes of general interest for which it permits any processing of their data by a data user outside the Union.
2021/04/28
Committee: ITRE
Amendment 670 #

2020/0340(COD)

Proposal for a regulation
Article 26 – paragraph 1
(1) The Commission shall establish a European Data Innovation Board (“the Board”) in the form of an Expert Group, consisting of the representatives of competent authorities of all the Member States, the European Data Protection Board, the Commission, relevant data spacethe EU SME Envoy or a representative appointed by the network of SME envoys and other representatives of relevant Agencies or competent authorities in specific sectors.
2021/04/28
Committee: ITRE
Amendment 677 #

2020/0340(COD)

Proposal for a regulation
Article 26 – paragraph 2
(2) Stakeholders and relevant third parties may, including representatives of national, trans-national or Common European data spaces, businesses, researchers, civil society shall be invited regularly to attend meetings of the Board and to participate in its work.
2021/04/28
Committee: ITRE
Amendment 684 #

2020/0340(COD)

Proposal for a regulation
Article 26 – paragraph 3
(3) The Commission shall chair the meetings of the Board which may be conducted in different configurations, depending on the subjects to be discussed.
2021/04/28
Committee: ITRE
Amendment 692 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point b
(b) to advise and assist the Commission in developing a consistent practice of the competent authorities in the application of requirements applicable to data sharing providers and data altruism organisations;
2021/04/28
Committee: ITRE
Amendment 699 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point d
(d) to assist the Commission in addressing fragmentation of the data economy in the single market by enhancing the interoperability of data as well as data sharing services between different sectors and domains, building on existing European, international or national standards, inter alia with the aim of encouraging the creation of Common European data spaces;
2021/04/28
Committee: ITRE
Amendment 703 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point d a (new)
(d a) To advise the Member States and the Commission on the possibility to set harmonised conditions allowing for re- use of data referred to in Article 3 (1) held by public sector bodies across the single market;
2021/04/28
Committee: ITRE
Amendment 713 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
(e a) to advise the Commission in the decision of adopting implementing acts referred to in article 5 (9);
2021/04/28
Committee: ITRE
Amendment 714 #

2020/0340(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point e b (new)
(e b) to assist the Commission in the discussions conducted at bilateral, plurilateral or multilateral level with third countries aimed at improving the regulatory environment for non-personal data, including standardisation, at global level;
2021/04/28
Committee: ITRE
Amendment 720 #

2020/0340(COD)

Proposal for a regulation
Article 30 – paragraph 1
(1) The public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing provider or the entity entered in the register of recognised data altruism organisations, as the case may be, shall take all reasonable technical, legal and organisational measures in order to prevent transfer or access to non-personal data held in the Union where such transfer or access would create a conflict with Union law or the law of the relevant Member State, unless the transfer or access are in line withwithout prejudice to paragraph 2 or 3.
2021/04/28
Committee: ITRE
Amendment 723 #

2020/0340(COD)

Proposal for a regulation
Article 30 – paragraph 3 – introductory part
(3) WIn the absence of such an international agreement, where a public sector body, a natural or legal person to which the right to re-use data was granted under Chapter 2, a data sharing provider or entity entered in the register of recognised data altruism organisations is the addressee of a decision of a court or of an administrative authority of a third country to transfer from or give access to non- personal data held in the Union and compliance with such a decision would risk putting the addressee in conflict with Union law or with the law of the relevant Member State, transfer to or access to such data by that third-country authority shall take place only:
2021/04/28
Committee: ITRE
Amendment 725 #

2020/0340(COD)

The addressee of the decision shallmay ask the opinion of the relevant competent bodies or authorities, pursuant to this Regulation, in order to determine if these conditions are met. The relevant competent bodies shall exchange information on international access requests in the framework of the European Data Innovation Board.
2021/04/28
Committee: ITRE
Amendment 729 #

2020/0340(COD)

Proposal for a regulation
Article 30 – paragraph 5
(5) The public sector body, the natural or legal person to which the right to re-use data was granted under Chapter 2, the data sharing provider and the entity providing data altruism shall inform the data subject or the data holder about the existence of a request of an administrative authority in a third-country to access its data before complying to the request, except in cases where the request serves law enforcement purposes and for as long as this is necessary to preserve the effectiveness of the law enforcement activity.
2021/04/28
Committee: ITRE
Amendment 737 #

2020/0340(COD)

Proposal for a regulation
Article 32 – paragraph 1
By [fourtwo years after the data of application of this Regulation], the Commission shall carry out an evaluation of this Regulation, and submit a report on its main findings to the European Parliament and to the Council as well as to the European Economic and Social Committee. Member States shall provide the Commission with the information necessary for the preparation of that report.
2021/04/28
Committee: ITRE
Amendment 25 #

2020/0322(COD)

Proposal for a regulation
Recital 8 a (new)
(8a) Building on lessons learnt from the COVID-19 pandemic, this Regulation should create a more robust mandate for coordination at Union level. The declaration by the WHO of a public health emergency, formally recognised at Union level, would bring about increased coordination and exceptionally allow for joint procurement procedures for the development, stockpiling, distribution and donation of medical countermeasures, to the most recommendable needs and where their purchase and supply cannot be ensured as efficiently by other means.
2021/04/21
Committee: IMCO
Amendment 26 #

2020/0322(COD)

Proposal for a regulation
Recital 8 b (new)
(8b) The primary purpose of joint procurement should be to improve the preparedness and response to serious cross-border threats to health, and particularly to improve the security and capacity of supply of medical countermeasures in the participating countries throughout their existence, ensure equitable access to patients and provide increased visibility and predictability for actors involved.
2021/04/21
Committee: IMCO
Amendment 30 #

2020/0322(COD)

Proposal for a regulation
Recital 9
(9) As serious cross-border threats to health are not limited to Union borders, joint procurement of medical countermeasures should be extended to include European Free Trade Association States and Union candidate countries, in accordance with the applicable Union legislation. The Joint Procurement Agreement, determining the practical arrangements governing the joint procurement procedure established under Article 5 of Decision No 1082/2013/EU, should also be adapted to include an exclusivity clause regarding negotiation and procurement for participating countries in a joint procurement procedure, to allow for better coordination within the EU and for security and capacity of supply of the medical countermeasure in question. The Commission should ensure coordination and information exchange between the entities organizing and participating in any action under different mechanisms established under this Regulation and other relevant Union structures related to procurement and, stockpiling and distribution of medical countermeasures, such as the strategic rescEU reserve under Decision No 1313/2013/EU of the European Parliament and of the Council16 . __________________ 16Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism (OJ L 347, 20.12.2013, p. 924).
2021/04/21
Committee: IMCO
Amendment 34 #

2020/0322(COD)

Proposal for a regulation
Recital 9 a (new)
(9a) The Joint procurement should be carried in a transparent, timely and effective way to prevent market disruption and to ensure actors involved fulfil their contractual responsibilities. In this respect, it is crucial to define clear and transparent steps since the beginning of the procedure in terms of process, scope, tender specifications, timelines and formalities. A preliminary consultation phase involving participating actors should be guaranteed, as well as a clear and mutual communication throughout the whole procedure.
2021/04/21
Committee: IMCO
Amendment 41 #

2020/0322(COD)

Proposal for a regulation
Recital 9 b (new)
(9b) The functioning of the Joint Procurement Agreement and rescEU should abide by high standards of transparency, provided it does not jeopardize the negotiation and compliance of purchase agreements, including in relation to the disclosure of the exact amount provided to each participating country, details regarding supply chains, production and delivery of procured products, and details of the liability of participating countries, as well as information on the existence of no-fault compensation systems in those participating countries.
2021/04/21
Committee: IMCO
Amendment 45 #

2020/0322(COD)

Proposal for a regulation
Recital 9 c (new)
(9c) During the existence of a cross- border health threat situation, manufacturing is often needed rapidly and with short notice. It is therefore crucial that the joint procurement lead times are aligned and coherent with manufacturers’ lead times to ensure clarity and expectations from both organizing and participating entities.
2021/04/21
Committee: IMCO
Amendment 47 #

2020/0322(COD)

Proposal for a regulation
Recital 9 d (new)
(9d) In order for this regulation to fulfil its main objectives, mainly to ensure a rapid response in the case of serious cross-border health threats, a priority conditionality binding the undertaking of the joint procurement procedures should be provided for, in order to ensure that the delivery and scheduled commitments to the participating countries are respected under all circumstances.
2021/04/21
Committee: IMCO
Amendment 51 #

2020/0322(COD)

Proposal for a regulation
Recital 9 f (new)
(9f) Joint procurement implies shared responsibilities and a fair approach with rights and obligations for all parties involved, relevant authorities and manufacturers. In this respect, commitments should be defined since the beginning and respected, from the manufacturers to deliver on the production, and from the authorities to purchase their agreed reserved volumes.
2021/04/21
Committee: IMCO
Amendment 54 #

2020/0322(COD)

Proposal for a regulation
Recital 9 h (new)
(9h) To facilitate the negotiation of joint procurement procedures, Member States should establish no-fault compensation systems which should be used in the event of a cross-border health threat declared by the EU, allowing citizens who may suffer an adverse reaction to a particular medical countermeasure, subject to a joint procurement procedure, to receive fair compensation by proving solely the causal link between the medical countermeasure in question and the damages caused. These possible damages should not be borne individually by each injured person, but should be considered as a social burden shared by society as a whole. Therefore, equal access to fair compensation through no-fault compensation schemes should be provided.
2021/04/21
Committee: IMCO
Amendment 114 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point -a a (new)
(-aa) the commitments and contractual obligations defined by the corresponding purchase agreement shall be respected by all parties involved;
2021/04/21
Committee: IMCO
Amendment 115 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point -a b (new)
(-ab) a priority conditionality binding the undertaking of the joint procurement procedures should be provided for, in order to ensure that the delivery and scheduled commitments to the participating countries are respected;
2021/04/21
Committee: IMCO
Amendment 122 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point c
(c) Member States, EFTA States and Union candidate countries participating in a joint procurement shall procure the medical countermeasure in question through that procedure and not through other channels, and shall not run parallel negotiation processes for that product; running parallel negotiation processes shall lead to being excluded from the group of participating countries, without prejudice to participating countries from honouring existing contractual agreements, nor existing procurement procedures implemented by participating countries;
2021/04/21
Committee: IMCO
Amendment 124 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point c a (new)
(ca) the joint procurement shall be conducted in such a way so as to improve the security and capacity of supply of medical countermeasures against serious cross-border threats to health in the participating countries, ensure equitable access to the largest extent possible, and strengthen the purchasing power of participating countries;
2021/04/21
Committee: IMCO
Amendment 131 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point d a (new)
(da) the joint procurement shall be carried in a transparent, timely and effective way defining clear steps since the start of the procedure in terms of process, scope, tender specifications, timelines and formalities;
2021/04/21
Committee: IMCO
Amendment 133 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point d b (new)
(db) the joint procurement lead times shall be aligned with manufacturers lead times;
2021/04/21
Committee: IMCO
Amendment 134 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point d c (new)
(dc) a preliminary consultation phase involving participating actors shall be guaranteed, as well as a clear mutual communication throughout the whole procedure;
2021/04/21
Committee: IMCO
Amendment 137 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point e a (new)
(ea) the joint procurement shall be subject to high transparency standards, provided it does not jeopardize the negotiation and compliance of purchase agreements, including in relation to the disclosure of the exact amount provided to each participating country, details regarding supply chains, production and delivery of procured medical countermeasures, and details of the liability of participating countries, as well as information on the existence of no- fault compensation systems in those participating countries.
2021/04/21
Committee: IMCO
Amendment 139 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2a. Joint public procurement procedures shall include accessible, transparent, qualitative and non- discriminatory technical specifications and selection criteria, which shall be considered in the awarding process of the joint procurement bids and comply with the following conditions and order of priority: 1. They shall rely on the verification and compliance of the medical countermeasure forming the subject of the joint procurement procedure in question, with the highest safety and quality standards, as required by the relevant legislation; 2. They shall evaluate the ability of the bidder to ensure the security and capacity of supply of the medical countermeasure in question in a cross- border health threat situation; 3. They shall provide for sufficient and adequate flexibility of technical and economic solvency requirements, and lots shall accordingly be adjusted to those in the corresponding tender documents, thereby allowing the involvement and participation of small and medium-sized enterprises in joint procurement procedures and a wider selection of successful suppliers in the awarding process. 4. They shall evaluate lastly the price and costs of the medical countermeasure in question.
2021/04/21
Committee: IMCO
Amendment 142 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 3 a (new)
3a. Participating Member states shall ensure an adequate stockpiling and distribution of procured medical countermeasures, whose main details and characteristics shall be set out in national plans. In addition, national plans shall address potential bottlenecks and capacity obstacles that may jeopardise the delivery of medical countermeasures acquired through joint procurement mechanisms to their final destination.
2021/04/21
Committee: IMCO
Amendment 146 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 3 b (new)
3b. Member States shall establish no- fault compensation systems which shall be used in the event of a cross-border health threat declared by the EU, allowing citizens who may suffer an adverse reaction to a particular medical countermeasure subject to a joint procurement procedure, to receive fair compensation by proving solely the causal link between the medical countermeasure in question and the damages caused.
2021/04/21
Committee: IMCO
Amendment 148 #

2020/0322(COD)

Proposal for a regulation
Article 12 – paragraph 3 c (new)
3c. The Commission and Member states shall provide up-to-date, accessible and clear information to consumers on their rights and duties regarding jointly procured medical countermeasures, including details on liability for damages, access to legal protection and access to consumer representation.
2021/04/21
Committee: IMCO
Amendment 46 #

2020/0306(COD)

Proposal for a regulation
Recital 6
(6) To achieve a fully digital environment and an efficient goods clearance process for all parties involved in international trade, it is necessary to establish common rules for a harmonised and integrated European Union Single Window Environment for Customs (EU Single Window Environment for Customs). This environment should include a set of fully integrated electronic services delivered at Union and national level to facilitate effective information sharing and digital cooperation between customs and partner competent authorities and to streamline goods clearance processes for economic operators. The EU Single Window Environment for Customs should be developed in alignment with the possibilities for trustworthy identification and authentication offered by the eIDAS Regulation37 and the once-only principle where appropriate, as reiterated in the Single Digital Gateway Regulation38 . To implement the EU Single Window Environment for Customs, it is necessary to establish, on the basis of the pilot project, a certificates exchange system, the EU Customs Single Window Certificates Exchange System (EU CSW-CERTEX), that interconnects national single window environments for customs and Union non- customs systems managing specific non- customs formalities. It is also necessary to harmonise national single window environments for customs, integrate those environments into the EU Single Window Environment for Customs, and establish a set of rules on digital administrative cooperation within the EU Single Window Environment for Customs. __________________ 37 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). 38 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).
2021/06/16
Committee: IMCO
Amendment 50 #

2020/0306(COD)

Proposal for a regulation
Recital 7
(7) The exchanges of digital information through EU CSW-CERTEX should cover Union non-customs formalities laid down in Union legislation that customs authorities are entrusted to enforce. Those formalities impose different obligations for the import, export or transit of certain goods, and their verification through customs controls is fundamentally important to the effective functioning of the EU Single Window Environment for Customs. EU CSW-CERTEX should cover digitalised regulatory formalities laid down in Union legislation and managed by partner competent authorities in electronic Union non-customs systems, storing the relevant information from all Member States required for goods clearance. It is therefore appropriate to identify the relevant Union non-customs formalities which should be subject to digital cooperation through EU CSW-CERTEX. In particular, EU CSW- CERTEX should initially cover sanitary and phytosanitary requirements, rules regulating the import of organic products, environmental requirements in relation to fluorinated greenhouse gases and ozone depleting substances, and formalities related to the import of cultural goods.
2021/06/16
Committee: IMCO
Amendment 58 #

2020/0306(COD)

Proposal for a regulation
Recital 10
(10) Any processing of personal and non-personal data in EU CSW-CERTEX should be without prejudice to the GDPR and other relevant legislation and facilitate information sharing in a safe environment between the national environments for customs and Union non- customs systems without any storing of data. It should also transform data, where necessary, to enable information exchange between both digital domains. The information technology facilities used for data transformation should be located in the Union.
2021/06/16
Committee: IMCO
Amendment 82 #

2020/0306(COD)

Proposal for a regulation
Recital 27
(27) To ensure an efficient and effective functioning of the EU Single Window Environment for Customs, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of amendments toto expand the list of Union non- customs formalities covered by EU CSW- CERTEX; specification of the data elements to be exchanged through EU CSW-CERTEX and identifying the data elements that are common to both the customs declaration and the application for supporting documents together with the PCA data set for each of the relevant Union act applicable to Union non-customs formalities integrated into EU CSW- CERTEX. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making41 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 41Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
2021/06/16
Committee: IMCO
Amendment 83 #

2020/0306(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation establishes a European Union Single Window Environment for Customs that provides an integrated set of harmonised and interoperable electronic services at Union and national level through the European Union Customs Single Window Certificates Exchange System to support interaction and enhance information exchange between the national single window environments for customs and the Union non-customs systems referred to in the Annex.
2021/06/16
Committee: IMCO
Amendment 85 #

2020/0306(COD)

Proposal for a regulation
Article 1 – paragraph 2
It lays down rules for the national single window environments for customs and non-customs formalities and rules on digital administrative cooperation and information sharing within the European Union Single Window Environment for Customs with the aim of better protecting citizens and reducing administrative burden on economic operators.
2021/06/16
Committee: IMCO
Amendment 88 #

2020/0306(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘Union non-customs system’ means any Union electronic system that stores information from all relevant partner competent authorities, which is needed by customs authorities to verify compliance with the respective Union non-customs formalities or which is in any case related to border formalities under Union law.
2021/06/16
Committee: IMCO
Amendment 90 #

2020/0306(COD)

Proposal for a regulation
Article 3 – paragraph 1
A European Union Single Window Environment for Customs is hereby established. It shall include the European Union Customs Single Window Certificates Exchange System, national single window environments for customs and the Union non-customs systems referred to in the Annex as well as the Union non-customs systems which will be connected to the EU Single Window Environment.
2021/06/16
Committee: IMCO
Amendment 95 #

2020/0306(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 21 amending the Annex, in particular to cover otherexpand the list of Union non- customs formalities covered by EU CSW- CERTEX.
2021/06/16
Committee: IMCO
Amendment 97 #

2020/0306(COD)

Proposal for a regulation
Article 6 – title
Processing of personal data and non- personal in EU CSW- CERTEX
2021/06/16
Committee: IMCO
Amendment 101 #

2020/0306(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Processing of personal and non-personal data in EU CSW-CERTEX shall be without prejudice to the GDPR and other relevant legislation. The Commission, in collaboration with Member States, shall develop appropriate measures to ensure a safe and secure environment for data exchanges.
2021/06/16
Committee: IMCO
Amendment 108 #

2020/0306(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The national single window environments for customs shall enable the easy, standardised and interoperable exchange of information and cooperation by electronic means between customs authorities, partner competent authorities and economic operators for the purposes of compliance with and efficient enforcement of customs legislation and the Union non- customs formalities listed in the Annex.
2021/06/16
Committee: IMCO
Amendment 111 #

2020/0306(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c
(c) provide a single communication channel for economic operators to easily fulfil the relevant customs formalities and Union non-customs formalities subject to additional digital cooperation in accordance with Article 12.
2021/06/16
Committee: IMCO
Amendment 115 #

2020/0306(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. Each Member State shall notify the Commission of any personal data breach or economic operator's data breach that compromises the security, confidentiality, availability or integrity of the personal data processed within its single window environment for customs.
2021/06/16
Committee: IMCO
Amendment 120 #

2020/0306(COD)

Proposal for a regulation
Article 10 – paragraph 1 – introductory part
1. For each of the Union non-customs formalities listed in the Annex, EU CSW- CERTEX shall enable information to be effectively exchanged between the national single window environments for customs and the relevant Union non-customs systems for the following purposes:
2021/06/16
Committee: IMCO
Amendment 124 #

2020/0306(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point a
(a) allowing economic operators to easily submit the relevant information required for the fulfilment of the applicable customs formalities and Union non- customs formalities;
2021/06/16
Committee: IMCO
Amendment 133 #

2020/0306(COD)

Proposal for a regulation
Article 19 – paragraph 1
The Commission shall, by means of implementing acts, adopt a work programme to support the implementation of the provisions of this Regulation related to the connection of the Union non- customs systems referred to in the Annex to EU CSW-CERTEX and the integration of the respective Union non-customs formalities. The work programme shall be kept regularly up to date. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 22(2).
2021/06/16
Committee: IMCO
Amendment 140 #

2020/0306(COD)

Proposal for a regulation
Article 20 – paragraph 3
3. By 31 December 20276 and every three years thereafter, the Commission shall submit to the European Parliament and to the Council a report on the implementation across Member States of this Regulation. The report shall also include information on the monitoring and evaluation carried out in accordance with paragraphs 1 and 2, respectively.
2021/06/16
Committee: IMCO
Amendment 141 #

2020/0306(COD)

Proposal for a regulation
Article 24 – paragraph 3
Article 8(3), point (c), Article 11, Article 13(1), (2) and (3), Article 14 and Article 15(1) and (2) shall apply from 1 January 203129.
2021/06/16
Committee: IMCO
Amendment 9 #

2020/0155(COD)

Proposal for a regulation
Recital 2
(2) Regulation (EU) 2017/1129 of the European Parliament and of the Council14 lays down requirements for the drawing up, approval and distribution of the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market in the Union. As part of the measures to help issuers to recover from the economic shock resulting from the COVID-19 pandemic, targeted amendments to the prospectus regime are necessary. Such amendments should enable issuers and financial intermediaries to reduce costs and free up resources for the recovery phase in the immediate aftermath of the crisis, while protecting the interests of retail investors, pensioners and consumers, in order to incentivise financial participation and turn savers into investors. Access to equity financing for small and medium enterprises (SMEs) and entrepreneurs has become even more crucial with a view to the COVID-19 recovery. __________________ 14Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC (OJ L 168, 30.6.2017, p. 12).
2020/10/21
Committee: IMCO
Amendment 13 #

2020/0155(COD)

Proposal for a regulation
Recital 3
(3) Credit institutions have been active in the recovery to support companies that needed financing and are expected to be a fundamental pillar of the recovery. Regulation (EU) 2017/1129 entitles credit institutions to an exemption from the obligation to publish a prospectus in case of an offer of certain non-equity securities issued in a continuous or repeated manner up to an aggregated amount of EUR 75 million in a 12 month-period. That exemption threshold should be increased for a limited period of time in order to foster fundraising for credit institutions and bring them a breathing space to support their clients in the real economy. As thatis measure is limited to the recovery phase, it should therefore be available for a limited time period of 18 months, ending on 31 December 2022.
2020/10/21
Committee: IMCO
Amendment 19 #

2020/0155(COD)

Proposal for a regulation
Recital 7
(7) The EU Recovery prospectus should include a short-form summary as a useful source of information for investors, in particular retail investors. That summary should be a self-contained partset out at the beginning of the EU Recovery prospectus and should focus on key information that would enable investors to decide which offers and admissions to trading of securities to study further by, thereafter reviewing the EU Recovery prospectus as a whole in order to take their decision.
2020/10/21
Committee: IMCO
Amendment 21 #

2020/0155(COD)

Proposal for a regulation
Recital 10
(10) Regulation (EU) 2017/1129 requires financial intermediaries to inform investors of the possibility of a supplement and, under certain circumstances, to contact investors on the same day that a supplement is published. The scope of deadline within which investors toare to be contacted, as well as the deadlinescope of investors to contact them, can raise difficulties for financial intermediaries. In order to provide relief and free up resources for financial intermediaries while maintaining a high level of investor protection, a more proportionate regime should be laid down. Such a regime should specify which investors should be contacted by financial intermediaries when a supplement is published and should extend the deadline to contact those investors.
2020/10/21
Committee: IMCO
Amendment 25 #

2020/0155(COD)

Proposal for a regulation
Recital 11
(11) As the EU Recovery prospectus is limited to the recovery phase, the regime of this prospectus should expire 18 months after the date of application of this Regulationby 31 December 2022. In order to ensure the continuity of EU Recovery prospectuses, the onose Recovery prospectuses approved before the expiration of the regime should benefit from a grandfathering provision.
2020/10/21
Committee: IMCO
Amendment 26 #

2020/0155(COD)

Proposal for a regulation
Recital 12
(12) The Commission should, before 21 July 2022, present a report to the European Parliament and the Council on the application of this Regulation, accompanied where appropriate by a legislative proposal. This review should incorporate in its assessment whether the disclosure regime for EU Recovery prospectuses is appropriate to meet the objectives pursued by this Regulation and if seen as appropriate, incorporate into its legislative proposal a permanent form of a prospectus which would reduce burdens on secondary issuances covered by the EU Recovery Prospectus.
2020/10/21
Committee: IMCO
Amendment 28 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2017/1129
Article 1 – paragraph 4 – point k
(k) from [date of application of this Regulation] to [18 months from the date of application of this Regulation]31 December 2022 non- equity securities issued in a continuous or repeated manner by a credit institution, where the total aggregated consideration in the Union for the securities offered is less than EUR 150 000 000 per credit institution calculated over a period of 12 months, provided that those securities:
2020/10/21
Committee: IMCO
Amendment 33 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2017/1129
Article 7 – paragraph 12 a – point c – point i
(i) an introduction, containing warnings and the approval date of the prospectus as laid down in paragraph 5 of this Article;
2020/10/21
Committee: IMCO
Amendment 34 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2017/1129
Article 14 a – paragraph 1 – point b a (new)
(ba) offerors of securities admitted to trading on a regulated market or an SME growth market continuously for at least the last 18 months.
2020/10/21
Committee: IMCO
Amendment 36 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2017/1129
Article 14 a – paragraph 2 – subparagraph 1 – point b
(b) the essential information on the sharrights attaching to the securities, the reasons for the issuance and its impact on the overall capital structure of the issuer, and the use of proceeds.
2020/10/21
Committee: IMCO
Amendment 39 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
The EU Recovery prospectus shall be a single document containing the minimum information laid down in Annex Va. It shall have a maximum length, including the summary, of 320 sides of A4-sized paper when printed and shall be presented and laid out in a way that is easy to read, using characters of readable size.
2020/10/21
Committee: IMCO
Amendment 45 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2017/1129
Article 47 a – paragraph 1
The regime set out in Article 14a expires on [18 months from the date of application of this Regulation]31 December 2022.
2020/10/21
Committee: IMCO
Amendment 47 #

2020/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2017/1129
Article 47 a – paragraph 2
EU Recovery Prospectuses drawn up in accordance with Article 14a and approved between [date of application of this Regulation] and [18 months after the date of application of this Regulation]31 December 2022 shall continue to be governed in accordance with that Article until the end of their validity or until twelve months have elapsed after [18 months after date of application of this Regulation]31 December 2022, whichever occurs first.
2020/10/21
Committee: IMCO
Amendment 65 #

2020/0155(COD)

Proposal for a regulation
Annex I
Regulation (EU) 2017/1129
Annex Va – section -I (new)
-I Summary The EU Recovery prospectus shall include a summary drawn up in accordance with Article 7(12a). That summary shall be included as part of the calculation of the maximum length of the EU Recovery prospectus provided for in the third subparagraph of Article 14a(2).
2020/10/21
Committee: IMCO
Amendment 66 #

2020/0155(COD)

Proposal for a regulation
Annex I
Regulation (EU) 2017/1129
Annex Va – section I – paragraph 1
The purpose is to identify the company issuing shares, including its legal entity identifier (‘LEI’), its Member State of incorporation and the website, if any, where investors can find information on the company’s business operations and the disclaimer set out in the fourth subparagraph of Section IV of this Annex, the products it makes or the services it provides, the principal markets where it competes, its organisational structure and, where applicable, information incorporated by reference.
2020/10/21
Committee: IMCO
Amendment 68 #

2020/0155(COD)

Proposal for a regulation
Annex I
Regulation (EU) 2017/1129
Annex Va – section III – paragraph 1
The purpose is to describe the most material risks that are specific to the issuer and the sharesA description of the material risks that are specific to the issuer and that may affect the issuer’s ability to fulfil its obligations under the securities, in a limited number of categories, in a section headed ‘Risk Factors’. In each category the most material risks, in the assessment of the issuer, offeror or person asking for admission to trading on a regulated market, taking into account the negative impact on the issuer and the probability of their occurrence, shall be set out first. The risk factors shall be corroborated by the content of the registration document.
2020/10/21
Committee: IMCO
Amendment 4 #

2020/0104(COD)

Proposal for a regulation
Recital 4
(4) The outbreak of the COVID-19 pandemic in early 2020 changed the economic outlook for the years to come in the Union and in the world, calling for an urgent and coordinated response from the Union in order to cope with the enormous economic and social consequences for all Member States. The challenges linked to the demographic context have been amplified by COVID-19. The COVID-19 pandemic is far more than a health crisis, and while its economic and social impact will vary from country to country, it will most likely increase poverty and inequalities within the European Union. The current COVID-19 pandemic as well as the previous economic and financial crisis have shown that developing sound and resilient economies and financial systems built on strong economic and social structures helps Member States to respond more efficiently to shocks and recover more swiftly from them. The medium and long-term consequences of the COVID-19 crisis will critically depend on how quickly Member States’ economies will recover from the crisis, which in turn depends on the fiscal space Member States have available to take measures to mitigate the social and economic impact of the crisis, and on the resilience of their economies. Reforms and investments to address structural weaknesses of the economies and strengthen their resilience will therefore be essential to set the economies back on a sustainable recovery path and avoid further widening of the divergences in the Union.
2020/09/11
Committee: REGI
Amendment 7 #

2020/0104(COD)

Proposal for a regulation
Recital 5
(5) The implementation of reforms contributing to achieve a high degree of resilience of domestic economies, strengthening adjustment capacity and unlocking growth potential are among the Union’s economic policy priorities. TheyHowever we cannot repeat the mistakes of our response to the last global financial crisis which resulted in a deep and damaging economic and social divergence. The implementation of reforms are therefore crucial to set the recovery on a sustainable path and support the process of upward economic and social convergence. This is even more necessary in the aftermath of the pandemic crisis to pave the way for a swift recovery.
2020/09/11
Committee: REGI
Amendment 12 #

2020/0104(COD)

Proposal for a regulation
Recital 6
(6) Past experiences have shown that investment is often drastically cut during crises. However, it is essential to support investment in this particular situation to speed up the recovery and strengthen long- term growth potential. Investing in green and digital technologies, capacities and processes aimed at assisting clean energy transitionthe transition to clean, affordable and renewable energy, boosting energy efficiency in housing and other key sectors of the economicy are important to achieve sustainable growth and help create jobs. It will also help make the Union more resilient and less dependent by diversifying key supply chains. Among the many inequalities exposed by the COVID-19 pandemic, the digital divide is a serious one, affecting in particular less developed regions, women, elderly people and people living in the Outermost regions and rural, remote and depopulated areas. In times when both work and education are taking place online, the digital divide is undoubtedly threatening to deepen regional inequalities. Digital inequality poses a danger for people that are unable to work remotely and students that are threatened to fall behind due to limited access to education content. Greater investment is needed in digitalisation, digital innovation and digital connectivity, which will enable a fair and equal transition towards a more digital economy and a digital online education system, accessible to all citizens, especially the most vulnerable in society.
2020/09/11
Committee: REGI
Amendment 17 #

2020/0104(COD)

Proposal for a regulation
Recital 6 a (new)
(6 a) As the COVID-19 pandemic has affected regions and municipalities within Member States differently, the involvement of regional and local authorities, economic and social partners and civil society is crucial for the preparation, implementation, monitoring and evaluation of crisis repair supported by the Recovery and Resilience Facility. Member States should consult with all partners when drawing up its recovery and resilience plan. Partnership and multi-level governance in Member States should be strengthened and closely monitored by the European Commission.
2020/09/11
Committee: REGI
Amendment 19 #

2020/0104(COD)

Proposal for a regulation
Recital 6 b (new)
(6 b) The COVID-19 pandemic has caused an unprecedented challenge for healthcare systems in the European Union. It has shown that in the face of rapid socioeconomic transformation, a very important task ahead for the EU is to build resilience, and to use all possible budgetary means in order to strengthen the European health infrastructure. Investment under the Recovery and Resilience Facility should address the widely existing health inequalities throughout the EU, while guaranteeing equal protection with specific attention to the most vulnerable in society.
2020/09/11
Committee: REGI
Amendment 25 #

2020/0104(COD)

Proposal for a regulation
Recital 9
(9) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non- compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1)(a) of the Financial Regulation. At the same time, the Facility represents a significant amount of additional resources to be spent in a relatively short amount of time, increasing the pressure on control systems. It is therefore encouraged to adopt and apply effective anti-fraud measures through existing anti-fraud agencies at Member States and EU level, such as the EPPO, ECA and OLAF.
2020/09/11
Committee: REGI
Amendment 33 #

2020/0104(COD)

Proposal for a regulation
Recital 12
(12) In order to implement these overall objectives, relevant actions will be identified during the Facility’s preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. Also, due attention should be paid to the impact of the national plans submitted under this Regulation on fostering not only the green transition, but also the digital transformation. They will both play a priority role in relaunching and modernising our economy. In order to help identify programmes with a high positive environmental impact eligible under the Facility, the EU taxonomy on environmentally sustainable economic activities shall be used.
2020/09/11
Committee: REGI
Amendment 39 #

2020/0104(COD)

Proposal for a regulation
Recital 13 a (new)
(13 a) In accordance with the Community method, the European Parliament, the only directly elected EU institution and the budgetary authority together with the Council, should exercise both ex ante democratic scrutiny and ex post verification that money provided under the Facility is well spent, is in the interests of EU citizens and EU, provides genuine EU added value and supports economic and social resilience. Full transparency of all final beneficiaries shall be ensured and Commissioners responsible for the Facility shall be fully accountable to Parliament.
2020/09/11
Committee: REGI
Amendment 40 #

2020/0104(COD)

Proposal for a regulation
Recital 14
(14) The Facility’s general objective should be the promotion of economic, social and territorial cohesion. For that purpose, it should contribute to improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, and supporting the green and digital transitions aimed at achieving a climate neutral Europe by 2050, as well as the intermediate climate and energy targets for 2030, thereby restoring the growth potential of the economies of the Union in the aftermath of the crisis, fostering employment creation and to promoting sustainable growth. In order to ensure that no one is left behind, special attention should be given to the disproportionate impact of the pandemic on the most vulnerable segments of the population, which can trigger worsening inequality. The Facility shall contribute to the promotion of equality between women and men in accordance with Article 8 TFEU. Gender equality objectives and the economic independence of women shall be ensured in all dimensions and in all stages of the preparation, monitoring, implementation and evaluation of programmes financed under the Recovery and Resilience Facility in a timely and consistent manner.
2020/09/11
Committee: REGI
Amendment 49 #

2020/0104(COD)

Proposal for a regulation
Recital 16
(16) To ensure its contribution to the objectives of the Facility, the recovery and resilience plan should comprise measures for the implementation of reforms and public investment projects through a coherent recovery and resilience plan. The recovery and resilience plan should be consistent with the relevant country- specific challenges and priorities identified in the context of the European Semester, with the national reform programmes, the national energy and climate plans, the just transition plans, and the partnership agreements and operational programmes adopted under the Union funds, while they shall allow additional investment in national health services to support the modernisation of health infrastructure and to improve the efficiency of health systems in the EU. To boost actions that fall within the priorities of the European Green Deal and the Digital Agenda, the plan should also set out measures that are relevant for the green and digital transitions. The measures should enable a swift delivery of targets, objectives and contributions set out in national energy and climate plans and updates thereof. All supported activities shouldall be pursued in full respect of the climate and environmental priorities of the Union. In order to protect citizens, support local economies, make local communities resilient to crises and create a sustainable future, Member States shall prepare their recovery and resilience plan together with local and regional authorities, as well as relevant bodies representing civil society, in accordance with the partnership principle. Attention should be paid both to urban areas as drivers of green and digital transformation and to regions suffering from natural or demographic handicaps.
2020/09/11
Committee: REGI
Amendment 57 #

2020/0104(COD)

Proposal for a regulation
Recital 19
(19) In order to ensure a meaningful financial contribution commensurate to the actual needs of Member States to undertake and complete the reforms and investments included in the recovery and resilience plan, it is appropriate to establish a maximum financial contribution available to them under the Facility as far as the financial support (i.e. the non- repayable financial support) is concerned. That maximum contribution should be calculated on the basis of the population, the inverse of the per capita Gross Domestic Product (GDP) and the relative unemployment rate of each Member State, in particular the percentage of young people neither in employment nor in education or training (NEET), the territorial inequalities within Member States and the at-risk-of-poverty rate of each Member State.
2020/09/11
Committee: REGI
Amendment 62 #

2020/0104(COD)

Proposal for a regulation
Recital 20
(20) It is necessary to establish a process for the submission of proposals for recovery and resilience plans by the Member States, and the content thereof. With a view to ensuring the expediency of procedures, a Member State should submit a recovery and resilience plan at the latest by 30 April, in the form of a separate annex of the National Reform Programme. To ensure a fast implementation, Member States should be able to submit a draft plan together with the draft budget of the forthcoming year, on 15 October of the preceding year. Recovery and resilience plans submitted by Member States shall be publicly available.
2020/09/11
Committee: REGI
Amendment 64 #

2020/0104(COD)

Proposal for a regulation
Recital 21
(21) In order to ensure the national ownership and a focus on relevant reforms and investments, Member States wishing to receive support should submit to the Commission a recovery and resilience plan that is duly reasoned and substantiated. The European Parliament should have access to all information on the negotiations between Commission and member states on individual recovery and resilience plans at all stages of the process, including timely access to the draft cost estimates for reforms and investments. The recovery and resilience plan should set out the detailed set of measures for its implementation, including targets and milestones, and the expected impact of the recovery and resilience plan on growth potential, job creation and economic and social resilience, as well as on the promotion of gender equality and intergenerational equality; it should also include measures that are relevant for the green and the digital transitions; it should also include an explanation of the consistency of the proposed recovery and resilience plan with the relevant country- specific challenges and priorities identified in the context of the European Semester. Close cooperation between the Commission and the Member States should be sought and achieved throughout the process.
2020/09/11
Committee: REGI
Amendment 74 #

2020/0104(COD)

Proposal for a regulation
Recital 22
(22) The Commission should assess the recovery and resilience plan proposed by the Member States and should act in close cooperation with the Member State concerned. The Commission will fully respect the national ownership of the process and will therefore take into account the justification and elements provided by the Member State concerned and assess whether the recovery and resilience plan proposed by the Member State is expected to contribute to effectively address challenges identified in the relevant country-specific recommendation addressed to the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester; whether the plan contains measures that effectively contribute to the green and the digital transitions and to addressing the challenges resulting from them; whether the plan is expected to have a lasting impact in the Member State concerned; whether the plan is expected to effectively contribute to strengthen the growth potential, job creation and economic and social resilience of the Member State, mitigate the economic and social impact of the crisis and contribute to enhancing economic, social and territorial cohesion; whether the justification provided by the Member State of the estimated total costs of the recovery and resilience plan submitted is reasonable and plausible and is commensurate to the expected impact on the economy and employment; whether the proposed recovery and resilience plan contains measures for the implementation of reforms and public investment projects that represent coherent actions; and whether the arrangement proposed by the Member State concerned are expected to ensure effective implementation of the recovery and resilience plan, including the proposed milestones and targets, and the related indicators.
2020/09/11
Committee: REGI
Amendment 76 #

2020/0104(COD)

Proposal for a regulation
Recital 23
(23) Appropriate guidelines should be set out, as an annex to this Regulation, to serve as a basis for the Commission to assess in a transparent and equitable manner the recovery and resilience plans and to determine the financial contribution in conformity with the objectives and any other relevant requirements laid down in this Regulation. In the interest of transparency and efficiency, a rating system for the assessment of the proposals for recovery and resilience plans should be established to that effect. These guidelines should include a methodology to track the use and impact of EU public funding on climate and the environment and to ensure the Union’s 2030 targets for climate and energy are reached as well as a climate neutral economy is achieved by 2050.
2020/09/11
Committee: REGI
Amendment 84 #

2020/0104(COD)

Proposal for a regulation
Recital 32
(32) For the purpose of sound financial management, specific rules should be laid down for budget commitments, payments, suspension, cancellation and recovery of funds. To ensure predictability, it should be possible for Member States to submit requests for payments on a biannual basis. Payments should be made in instalments and be based on a positive assessment by the Commission of the implementation of the recovery and resilience plan by the Member State. Suspension and cancellation of the financial contribution should be possible when the recovery and resilience plan has not been implemented in a satisfactory manner by the Member State. Appropriate contradictory procedures should be established to ensure that the decision by the Commission in relation to suspension, cancellation and recovery of amounts paid respects the right of Member States to provide observations. The Commission shall communicate to the European Parliament and the Council its decision to suspend or cancel financial contributions to a Member State. For effective monitoring of implementation, the Member States should report on a quarterly basis within the European Semester process on the progress made in the achievement of the recovery and resilience plan. Such reports prepared by the Member States concerned should be appropriately reflected in the National Reform Programmes, which should be used as a tool for reporting on progress towards completion of recovery and resilience plans.
2020/09/11
Committee: REGI
Amendment 90 #

2020/0104(COD)

Proposal for a regulation
Recital 34
(34) For the purposes of transparency, the recovery and resilience plans adopted by the Commission should, as well as a full list of final beneficiaries shall be communicated to the European Parliament and the Council, and communication activities should be carried out by the Commission as appropriate.
2020/09/11
Committee: REGI
Amendment 91 #

2020/0104(COD)

Proposal for a regulation
Recital 36
(36) Pursuant to paragraphs 22 and 23 of the Interinstitutional Agreement for Better Law- Making of 13 April 2016, there is a need to evaluate the Recovery and Resilience Facility established by this Regulation on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements, where appropriate, should include measurable indicators, as a basis for evaluating the effects of the instruments on the ground. The Commission shall include the list of indicators used for the evaluation of the Recovery and Resilience Facility in the guidelines, annexed to this Regulation.
2020/09/11
Committee: REGI
Amendment 92 #

2020/0104(COD)

Proposal for a regulation
Recital 37
(37) It is opportune that tThe Commission providesshall present an annual report to the European Parliament and the Council on the implementation of the Facility set out in this Regulation. This report should include information on the progress made by each Member States under the recovery and resilience plans approved; it should also include information on the volume of the proceeds assigned to the Facility under the European Union Recovery Instrument in the previous year, broken down by budget line, and the contribution of the amounts raised through the European Union Recovery Instrument to the achievements of the objectives of the Facility. The Parliament shall adopt a resolution on the annual report published by the Commission. For the purposes of transparency, the Commission shall publish a full list of final beneficiaries.
2020/09/11
Committee: REGI
Amendment 93 #

2020/0104(COD)

Proposal for a regulation
Recital 39
(39) The recovery and resilience plans to be implemented by the Member States and the corresponding financial contribution allocated to them should be established by the Commission by way of implementing act. In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. The implementing powers relating to the adoption of the recovery and resilience plans and to the payment of the financial support upon fulfilment of the relevandelegated act. Following the Commission’s approval of recovery and resilience plans, the Parliament will either adopt a resolution specifying that it mwilestones and targets should be exercised by the Commission in accordancl not object to the Commission’s decision or exercise with Regulation (EU) No 182/2011 of the European Parliament and of the Council, under the examination procedure thereof13 s veto against the delegated act. After the adoption of an implementing delegated act, it should be possible for the Member State concerned and the Commission to agree on certain operational arrangements of a technical nature, detailing aspects of the implementation with respect to timelines, indicators for the milestones and targets, and access to underlying data. To allow the continuous relevance of the operational arrangements in respect of the prevailing circumstances during the implementation of the recovery and resilience plan, it should be possible that the elements of such technical arrangements may be modified by mutual consent. Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. _________________ 13 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2020/09/11
Committee: REGI
Amendment 94 #

2020/0104(COD)

Proposal for a regulation
Recital 39 a (new)
(39 a) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding, while the protection of final beneficiaries is crucial to enable public investments and reforms to make them more resilient, and better prepared for the future. Local and regional authorities, civil society organisations, NGOs or SMEs cannot lose their funding as a consequence of generalised deficiencies as regards the rule of law in the Member States. If necessary, the European Commission should, on agreement with the European Parliament and the Council, temporarily, directly - or indirectly- manage funds with recipients without the involvement of national governments violating the rule of law.
2020/09/11
Committee: REGI
Amendment 96 #

2020/0104(COD)

Proposal for a regulation
Recital 40
(40) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council14 , Council Regulation (Euratom, EC) No 2988/9515 ,Council Regulation (Euratom, EC) No 2185/9616 and Council Regulation (EU) 2017/193917 , the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council18 . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights to the Commission, OLAF, the EPPO and the European Court of Auditors. At the same time, strong mechanisms to avoid possible fraud and corruption shall be put in place by Member States such as enhanced cooperation with the European Public Prosecutor’s Office. _________________ 14Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999,(OJ L248, 18.9.2013, p. 1) 15 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p.1) 16 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L292,15.11.96, p.2) 17Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017,, p.1) 18 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29)
2020/09/11
Committee: REGI
Amendment 101 #

2020/0104(COD)

Proposal for a regulation
Article 3 – paragraph 1 a (new)
Investment shall not be allowed in activities which could harm the achievement of the objectives of the Recovery and Resilience Facility. In order to respect the ‘do not harm’ principle, the Facility shall not provide financial support to the excluded activities defined in point B of Annex V of the proposal for a Regulation of the European Parliament and of the Council establishing the InvestEU Programme.1a _________________ 1a 2020/0108 (COD), Brussels, 29.5.2020 COM(2020) 403 final.
2020/09/11
Committee: REGI
Amendment 102 #

2020/0104(COD)

Proposal for a regulation
Article 3 a (new)
Article 3 a No investment under the Recovery and Resilience Facility shall harm the environmental objectives of the Sustainable Finance Taxonomy as laid out in the Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2018 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088. Where investments refer to environmental sustainability they shall meet the technical screening criteria of the EU taxonomy.
2020/09/11
Committee: REGI
Amendment 106 #

2020/0104(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. The general objective of the Recovery and Resilience Facility shall be to promote the Union’s economic, social and territorial cohesion by improving the resilience and adjustment capacity of the Member States, mitigating the social and economic impact of the crisis, while tackling social inequalities and supporting the green and digital transitions, thereby contributing to restoring the growth potential of the economies of the Union, fostering employment creation in the aftermath of the COVID-19 crisis, and promoting sustainable growth.
2020/09/11
Committee: REGI
Amendment 126 #

2020/0104(COD)

Proposal for a regulation
Article 9 – paragraph 1 – introductory part
1. In the event of significant non- compliance in relation to any of the cases laid down in Article 15(7) of the Regulation laying down common provisions on the […)][CPR], the Council shall, on a proposal from the Commission, shall adopt a decision by means of an implementing act to suspend the time period for the adoption of the decisions referred to in Articles 17(1) and 17(2) or to suspend payments under the Recovery and Resilience Facility.
2020/09/11
Committee: REGI
Amendment 129 #

2020/0104(COD)

Proposal for a regulation
Article 10 – paragraph 1
A maximum financial contribution shall be calculated for each Member State for the allocation of the amount referred to in Article 5(1)(a), using the methodology set out in Annex I, based on the population, the inverse of the per capita Gross Domestic Product (GDP) and the relative unemployment rate of each Member State, in particular the percentage of young people neither in employment nor in education or training (NEET), the territorial inequalities within Member States and the at-risk-of-poverty rate of each Member State.
2020/09/11
Committee: REGI
Amendment 144 #

2020/0104(COD)

Proposal for a regulation
Article 14 – paragraph 1 a (new)
1 a. The Recovery and Resilience Facility is intended to help the EU tackle the crisis caused by the COVID-19 pandemic, implying a territorial diversification of investments, therefore regional authorities, professional associations and NGOs are essential to identify and assess specific investment needs in the recovery and resilience plans. The Commission shall put forward a Code of Conduct on partnership setting minimum standards for the involvement of the competent local and regional authorities, professional and relevant civil society organisations, in line with the partnership principle.
2020/09/11
Committee: REGI
Amendment 145 #

2020/0104(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. The recovery and resilience plans shall be consistent with the relevant country-specific challenges and priorities identified in the context of the European Semester, in particular those relevant for or resulting from the green and digital transition, including investment in digitalisation, digital innovation and digital connectivity in particular internet connectivity to keep all citizens connected, especially the most vulnerable in society, while in the context of the COVID-19 pandemic, they shall allow additional investment in national health services in order to support the modernisation of health infrastructure and to improve the efficiency of health systems in the EU. Investment in the health care system will help Member States become more resilient and strengthen the entire stability of the Union. The recovery and resilience plans shall also be consistent with the information included by the Member States in the national reform programmes under the European Semester, in their national energy and climate plans and updates thereof under the Regulation (EU)2018/199921 , in the territorial just transition plans under the Just Transition Fund22 , and in the partnership agreements and operational programmes under the Union funds. _________________ 21Regulation (EU)2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action. 22 […] 22[…]
2020/09/11
Committee: REGI
Amendment 148 #

2020/0104(COD)

Proposal for a regulation
Article 14 – paragraph 2 a (new)
2 a. The Commission and Member States shall ensure that recovery and resilience plans as well as any future programmes financed under the Facility contribute to the respect and the promotion of equality between women and men in accordance with Article 8 of the Treaty on the Functioning of the European Union (TFEU). Evaluations have shown the importance of taking the gender equality objectives aspect into account in all dimensions and in all stages of the preparation, monitoring, implementation and evaluation of operational programmes, in a timely and consistent manner while ensuring that specific actions are taken to promote gender equality and the principle of equal pay for equal work of equal value, the economic independence of women, education and skills upgrading and the reintegration of female victims of violence into the labour market and into society.
2020/09/11
Committee: REGI
Amendment 154 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. The recovery and resilience plan presented by the Member State concerned shall constitute an annex to its National Reform Programme and shall be officially submitted at the latest by 30 April. A draft plan mayshall be submitted by Member States starting from 15 October of the preceding year, together with the draft budget of the subsequent year.
2020/09/11
Committee: REGI
Amendment 159 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point b
(b) an explanation of how the plan strengthens the growth potential, job creation and economic and social resilience of the Member State concerned, mitigates the economic and social impact of the crisis, and itsstrengthens equality, in particular the equality between women and men and intergenerational equality, fights discrimination and contributiones to enhanced economic, social and territorial cohesion and convergence, including how territories with geographical specificities will be targeted;
2020/09/11
Committee: REGI
Amendment 167 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point c
(c) an explanation of how the measures in the plan are expected to contribute to the green and the digital transitions or to the challenges resulting from them; this explanation shall include the measures Member States take to ensure that the Union’s 2030 targets for climate and energy are reached as well as achieving a climate neutral economy by 2050.
2020/09/11
Committee: REGI
Amendment 171 #

2020/0104(COD)

Proposal for a regulation
Article 15 – paragraph 3 – point d
(d) envisaged milestones, targets and indicators which allow the measurement of those targets and an indicative timetable for the implementation of the reforms over a maximum period of four years, and of the investments over a maximum period of seven years;
2020/09/11
Committee: REGI
Amendment 179 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. When assessing the recovery and resilience plan, the Commission shall act in close cooperation with the Member State concerned, including/and consulting the local and regional authorities and professional and relevant civil society organisations. The Commission may make observations or seek additional information. The Member State concerned shall provide the requested additional information and may revise the plan if needed, prior to its official submission.
2020/09/11
Committee: REGI
Amendment 181 #

2020/0104(COD)

2. When assessing the recovery and resilience plan and in the determination of the amount to be allocated to the Member State concerned, the Commission shall take into account the analytical information on the Member State concerned available in the context of the European Semester including the information available on the level of corruption as well as the justification and the elements provided by the Member State concerned, as referred to in Article 15(3), and any other relevant information including, in particular, the one contained in the National Reform Programme and the National Energy and Climate Plan of the Member State concerned and, if relevant, information from technical support received via the Technical Support Instrument.
2020/09/11
Committee: REGI
Amendment 187 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point a
(a) whether the recovery and resilience plan is expected to contribute to effectively address challenges identified in the relevant country-specific recommendations, including those on rule of law and corruption addressed to the Member State concerned or in other relevant documents officially adopted by the Commission in the European Semester;
2020/09/11
Committee: REGI
Amendment 189 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point b
(b) whether the plan contains measures that effectively contribute to the green and the digital transitions or to addressing the challenges resulting from them;se transitions, in order to ensure that the Union’s 2030 targets for climate and energy are reached as well as achieving a climate neutral economy by 2050.
2020/09/11
Committee: REGI
Amendment 192 #

2020/0104(COD)

Proposal for a regulation
Article 16 – paragraph 3 – point d
(d) whether the recovery and resilience plan is expected to effectively contribute to strengthen the growth potential, job creation, and economic and social resilience of the Member State, to promote equality in particular between women and men, as well as intergenerational equality, to fight discrimination and mitigate the economic and social impact of the crisis, and contribute to enhance economic, social and territorial cohesion;
2020/09/11
Committee: REGI
Amendment 201 #

2020/0104(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. The Commission shall adopt a decision within fourone months of the official submission of the recovery and resilience plan by the Member State, by means of an implementing delegated act. In the event that the Commission gives a positive assessment to a recovery and resilience plan, that decision shall set out the reforms and investment projects to be implemented by the Member State, including the milestones and targets, and the financial contribution allocated in accordance with Article 11.
2020/09/11
Committee: REGI
Amendment 214 #

2020/0104(COD)

Proposal for a regulation
Article 19 – paragraph 4 – subparagraph 1
The suspension shall be lifted where the Member State has taken the necessary measures to ensure a satisfactory implementation of the milestones and targets referred to in Article 17(1) and guaranteed that funds spent in a non- satisfactory manner will be reimbursed.
2020/09/11
Committee: REGI
Amendment 223 #

2020/0104(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. The Commission shall transmit the recovery and resilience plans as approved in the implementing act of the Commission in accordance with Article 17 to the European Parliament and the Council without undue delay. The Member State concerned may request the Commission to redact sensitive or confidential information, the disclosure of which would jeopardise public interests of the Member State. Such a request shall not be interpreted extensively.
2020/09/11
Committee: REGI
Amendment 224 #

2020/0104(COD)

Proposal for a regulation
Article 21 – paragraph 2
2. The Commission may engage in communication activities to ensure the visibility of the Union funding for the financial support envisaged in the relevant recovery and resilience plan, including through joint communication activities with the national authorities concerned, regional and local authorities as well as with professional and relevant civil society organisations.
2020/09/11
Committee: REGI
Amendment 228 #

2020/0104(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. The performance reporting system shall ensure that data for monitoring the implementation of the activities and results are collected efficiently, effectively, and in a timely manner. In order to address the widely existing gender data gap in the field of cohesion policy and urban planning, Member States should introduce data collection methods corresponding to gender data. To that end, proportionate reporting requirements shall be imposed on recipients of Union funding.
2020/09/11
Committee: REGI
Amendment 232 #

2020/0104(COD)

Proposal for a regulation
Article 26 – paragraph 1 a (new)
1 a. In order to create visibility for the European Union’s support through the Recovery and Resilience Facility, Member States are required to inform their citizens about projects financed under the Facility using their public broadcasting services. In case of investments exceeding 0,1 percent of the Member State’s GDP, a representative of the European Commission should be present at the delivery ceremony to highlight the investment of the European Union.
2020/09/11
Committee: REGI
Amendment 233 #

2020/0104(COD)

Proposal for a regulation
Article 26 – paragraph 1 b (new)
1 b. In its communication activities, the Commission should leverage local stakeholder networks to ensure that funds swiftly reach beneficiaries in need, and eliminate any barriers to information about available funds under the facility.
2020/09/11
Committee: REGI
Amendment 60 #

2020/0101(COD)

Proposal for a regulation
Recital 5
(5) An additional exceptional amount of EUR 58 272 800 000 (in current prices) for budgetary commitment from the Structural Funds under the Investment for growth and jobs goal, for the years 2020, 2021 and 2022 and where justified by a Member State, also for the year 2023 should be made available to support Member States and regions most impacted in crisis repair in the context of the COVID-19 pandemic or preparing a green, digital and resilient recovery of the economy, with a view to deploying resources quickly to the real economy through the existing operational programmes. Resources for 2020 stem from an increase in the resources available for economic, social and territorial cohesion in the multiannual financial framework for 2014-2020 whereas resources for 2021 and 2022, and where applicable, for 2023, stem from the European Union Recovery Instrument. Part of the additional resources should be allocated to technical assistance at the initiative of the Commission. The Commission should set out the breakdown of the remaining additional resources for each Member State on the basis of an allocation method based on the latest available objective statistical data concerning Member States’ relative prosperity and the extent of the effect of the current crisis on their economies and societies. The allocation method should include a dedicated additional amount for the outermost regions given the specific vulnerability of their economies and societies. In order to reflect the evolving nature of the effects of the crisis, the breakdown should be revised in 2021 on the basis of the same allocation method using the latest statistical data available by 19 October 2021 to distribute the 2022 tranche, and where relevant, 2023 tranche, of the additional resources.
2020/07/24
Committee: REGI
Amendment 66 #

2020/0101(COD)

Proposal for a regulation
Recital 6
(6) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding, while the protection of final beneficiaries is crucial to foster crisis repair in the context of the COVID-19 pandemic. Local and regional authorities, civil society organisations, NGOs or SMEs cannot lose their funding as a consequence of generalised deficiencies as regards the rule of law in the Member States. If necessary, the Commission should temporarily, directly or indirectly, manage funds with recipients without the involvement of national governments violating the rule of law.
2020/07/24
Committee: REGI
Amendment 78 #

2020/0101(COD)

Proposal for a regulation
Recital 9
(9) In order to complement the actions already available under the scope of support of the ERDF, as extended by Regulations (EU) 2020/460 and (EU) 2020/558 of the European Parliament and of the Council5, Member States should continue to be allowed to use the additional resources primarily for investments in products, staff and services for health services including residential care homes for elderly people, for providing support in the form of working capital or investment support to SMEs, and support to adapt to teleworking in operations contributing to the transition towards a digital and green economy, infrastructure providing basic services to citizens, including in Outermost Regions, rural and depopulated areas and areas affected by industrial transition, or economic support measures for those regions most dependent on sectors, such as tourism and culture, most affected by the crisis. Technical assistance should also be supported. It is appropriate that the additional resources are focused exclusively under the new thematic objective “Fostering crisis repair in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of the economy”, which should also constitute a single investment priority, to allow for simplified programming and implementation of the additional resources. _________________ 5 Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative) (OJ L99, 31.3.2020, p. 5); Regulation (EU) 2020/558 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 1301/2013 and (EU) No 1303/2013 as regards specific measures to provide exceptional flexibility for the use of the European Structural and Investments Funds in response to the COVID-19 outbreak, (OJ L 130, 23.4.2020, p. 1).
2020/07/24
Committee: REGI
Amendment 93 #

2020/0101(COD)

Proposal for a regulation
Recital 10
(10) For the ESF, Member States should primarily use the additional resources to support job maintenance, including taking into special consideration the needs of the Outermost Regions, rural and depopulated areas, and areas affected by industrial transition, including, but not exclusively, through short-time work schemes and support to self-employed, job creation, in particular for people in vulnerable situations and women bearing the brunt of the ensuing economic crisis, support to youth employment measures, education and training, transition towards a more digital and online education system, skills development and to enhance access to social services of general interest, including for children and people in vulnerable situations. It should be clarified that in the present exceptional circumstances support to short-time work schemes for employees and the self- employed in the context of the COVID-19 pandemic can be provided even when that support is not combined with active labour market measures, unless the latter are imposed by national law. Union support to those short-time work schemes should be limited in time.
2020/07/24
Committee: REGI
Amendment 101 #

2020/0101(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) In the context of the response to the impact of the crisis, the additional resources contribute to eliminating inequalities, promoting gender equality and integrating the gender perspective, as well as combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation as set out in Article 2 TEU, Article 10 TFEU and Article 21 of the Charter of Fundamental Rights of the European Union. All stakeholders involved at all stages of the implementation of this crisis repair instrument commit to promoting gender equality and ensuring the impact on women is taken into account, given that they are disproportionately impacted by the crisis;
2020/07/24
Committee: REGI
Amendment 116 #

2020/0101(COD)

Proposal for a regulation
Recital 14
(14) In order to enable Member States to deploy the additional resources for crisis repair quickly in the context of the COVID-19 pandemic and preparing a green, digital and resilient recovery of the economy within the current programming period, it is justified to exempt, on an exceptional basis, Member States from the need to comply with ex ante conditionalities and requirements on the performance reserve and application of the performance framework, on thematic concentration, also in relation to the thresholds established for sustainable urban development for the ERDF, and requirements on preparation of a communication strategy for the additional resources. It is nevertheless necessary that Member States carry out at least one evaluation by 31 December 2024, or by December 2025 where additional resources are made available for budgetary commitments in 2023, to assess the effectiveness, efficiency and impact of the additional resources as well as how they contributed to achieving the goals of the new dedicated thematic objective. To facilitate the availability of comparable information at Union level, Member States are encouraged to make use of the programme-specific indicators made available by the Commission. In addition, while carrying out their responsibilities linked to information, communication and visibility, Member States and managing authorities should enhance the visibility of the exceptional measures and resources introduced by the Union, in particular by ensuring that potential beneficiaries, beneficiaries, participants, final recipients of financial instruments and the general public are aware of the existence, volume and additional support stemming from the additional resources.
2020/07/24
Committee: REGI
Amendment 133 #

2020/0101(COD)

Proposal for a regulation
Recital 15
(15) With a view to allow the targeting of these additional resources to the geographic areas where they are most needed, as an exceptional measure and without prejudice to the general rules for allocating Structural Funds resources, the additional resources allocated to the ERDF and the ESF are not to be broken down per category of region. However, Member States are expected toshould take into account the different regional needs and development levels in order to ensure that focus is maintained on less developed regions, in accordance with the objectives of economic, social and territorial cohesion set out in Article 173 TFEU. Member States should also involve local and regional authorities, as well as relevant bodies representing civil society, in accordance with the partnership principles.
2020/07/24
Committee: REGI
Amendment 134 #

2020/0101(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) REACT-EU represents a significant amount of additional resources to be spent in a short amount of time, increasing the pressure on control systems. Therefore, effective anti-fraud measures should be adopted and applied through existing anti-fraud agencies at Member State and EU level, such as the EPPO, ECA and OLAF.
2020/07/24
Committee: REGI
Amendment 136 #

2020/0101(COD)

Proposal for a regulation
Recital 16 a (new)
(16a) The available resources should be eligible for incurred expenditure related to the COVID-19 crisis as of 1 February 2020, in order to guarantee that all COVID-19 related costs are covered under this instrument.
2020/07/24
Committee: REGI
Amendment 154 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 2 – subparagraph 3
The additional resources for 2021 and 2022 shall be made available from the additional resources as set out in Article 92a. By way of derogation from the first subparagraph of this paragraph, and based on a reasoned request from a Member State, the additional resources may also be made available for budgetary commitment in 2023. The additional resources set out in Article 92a shall also support administrative expenditure up to EUR 18 000 000 in current prices.
2020/07/24
Committee: REGI
Amendment 157 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 4
4. The Commission shall adopt a decision, by means of implementing acts, setting out the breakdown of the additional resources as appropriations from the Structural Funds for 2020 and 2021 for each Member State in accordance with the criteria and methodology set out in Annex VIIa. That decision shall be revised in 2021 to set out the breakdown of the additional resources for 2022 based on data available by 19 October 2021. Where applicable, it shall also be revised in 2022 in relation to budgetary commitments in 2023, based on the latest statistical data available. The revisions in 2021, and 2022 if applicable, shall ensure that operational programmes are not negatively impacted.
2020/07/24
Committee: REGI
Amendment 164 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 5 – subparagraph 6
Each Member State shall allocate the additional resources available for programming under the ERDF and the ESF to operational programmes, together with local and regional authorities, as well as relevant bodies representing civil society, in accordance with the partnership principle.
2020/07/24
Committee: REGI
Amendment 166 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 5 – subparagraph 7
By way of derogation from Article 92(7), a share of the additional resources may also be proposed toshall be used to increase the support for the Fund for European Aid to the Most Deprived (‘FEAD’) before or at the same time as the allocation to the ERDF and the ESF. This share shall amount to at least 3% of the additional resources in order to ensure a minimum amount for the support to the most deprived who have been hit to an unprecedented degree by the COVID-19 crisis.
2020/07/24
Committee: REGI
Amendment 179 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 1303/2013
Article 92 b – paragraph 8 – subparagraph 2
Member States may allocate the additional resources either to one or more separate priority axes within an existing operational programme or programmes or to a new operational programme referred to in paragraph 11. By way of derogation from Article 26(1), the programme shall cover the period until 31 December 2022, or 31 December 2023 where the derogation referred to in paragraph 2 of this Article applies, subject to paragraph 4 abovof this Article.
2020/07/24
Committee: REGI
Amendment 183 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 8 – subparagraph 3
For the ERDF, the additional resources shall primarily be used to support investments in products, staff and services for health services, including residential care homes for elderly people, and to provide support in the form of working capital or investment support to SMEs, investmentsupport to adapt to teleworking in operations contributing to the transition towards a digital and green economy, investments in infrastructure providing basic services to citizens, and including in the Outermost Regions, rural and depopulated areas and areas affected by industrial transition, or economic support measures infor those regions which are most dependent on sectors, such as tourism and culture, most affected by the crisis.
2020/07/24
Committee: REGI
Amendment 198 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 8 – subparagraph 4
For the ESF, the additional resources shall primarily be used to support job maintenance, including through short-time work schemes and support to self- employed, even when that support is not combined with active labour market measures, unless the latter are imposed by national law. The additional resources shall also support taking into special consideration the needs of the Outermost Regions, rural and depopulated areas and areas affected by industrial transition, including, but not exclusively, through short-time work schemes and support to self-employed, job creation, in particular for people in vulnerable situations, support to youth employment measures, education and training, skills development, in particular to support the twin green and digital transitionstransition towards a more digital and online education system, skills development, and to enhanceing access to social services of general interest, including for children and people in vulnerable situations. The support to short-time work schemes for employees and the self-employed in the context of the COVID-19 pandemic may be provided, even when that support is not combined with active labour market measures, unless the latter are imposed by national law.
2020/07/24
Committee: REGI
Amendment 206 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 8 – subparagraph 4 a (new)
The Member States and the Commission shall ensure that gender equality and the integration of gender perspective are taken into account and promoted throughout the preparation and implementation of the operational programmes, including in relation to monitoring, reporting and evaluation.
2020/07/24
Committee: REGI
Amendment 212 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92b – paragraph 9 – subparagraph 5
The revised financing plan set out in Article 96(2)(d) shall set out the allocation of the additional resources for the years 2020, 2021 and, where applicable, for 2022 and 2023, without identifying amounts for the performance reserve and with no breakdown per category of regions.
2020/07/24
Committee: REGI
Amendment 239 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 12 – point d
(d) the derogation provided in the second sub-paragraph of Article 65(10) setting the eligibility date of 1 February 2020 for operations for fostering crisis response capacities in the context of the COVID-19 outbreak;deleted
2020/07/24
Committee: REGI
Amendment 242 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92b – paragraph 12 – point e
(e) the derogation provided in Article 25a(7) for the selection of operations fostering crisis response capacities in the context of the COVID-19 outbreak as referred to in the second sub-paragraph of Article 65(10);deleted
2020/07/24
Committee: REGI
Amendment 244 #

2020/0101(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1303/2013
Article 92 b – paragraph 12 a (new)
12a. By way of derogation from Article 65(9), expenditure or operations supported under the thematic objective set out in paragraph 9 of this Article shall be eligible as of 1 February 2020.
2020/07/24
Committee: REGI
Amendment 253 #

2020/0101(COD)

Proposal for a regulation
Article 1 a (new)
Article 1a The Commission shall provide the European Parliament and the Council with an evaluation report on REACT-EU by 31 December 2030, covering budgetary commitments for the years 2020, 2021 and 2022. That report shall include information on the achievement of the objectives of REACT-EU, the efficiency of the use of its resources, the actions financed, the beneficiaries and final recipients of the financial allocations and its European added value in aiding the economic recovery, as well as a gender impact assessment.
2020/07/24
Committee: REGI
Amendment 4 #

2020/0100(COD)

Proposal for a regulation
Recital 1
(1) The Commission adopted a Communication on the European Green Deal on 11 December 20199 , drawing its roadmap towards a new growth policy for Europe and setting ambitious objectives to counter climate change and for environmental protection. In line with the objective to achieve the Union's 2030 climate and energy targets, and climate neutrality in the Union by 2050 in an effective and fair manner, the European Green Deal announced a Just Transition Mechanism to provide means for facing the climate challenge while leaving no one behind. The most vulnerable regions and people are the most exposed to the harmful effects of climate change and environmental degradation. At the same time, managing the transition requires significant structural changes. _________________ 9 COM(2019) 640 final.
2020/09/01
Committee: REGI
Amendment 10 #

2020/0100(COD)

Proposal for a regulation
Recital 3
(3) The proposal for establishing the Just Transition Fund was adopted by the Commission on 14 January 202011 . For the better programming and implementation of the Fund, territorial just transition plans are to be adopted, setting out the key steps and timeline of the transition process and identifying the territories most negatively affected by the transition towards a climate neutral economy by 2050 and with less capacity to deal with the transition challenges. _________________ 11 COM(2020) 22 final
2020/09/01
Committee: REGI
Amendment 16 #

2020/0100(COD)

Proposal for a regulation
Recital 5
(5) In order to enhance the economic diversification of territoriesand modernisation of territories most negatively impacted by the climate transition, the Facility should cover a wide range of investments, on condition that they contribute to meet the development needs in the transition towards the Union’s 2030 climate and energy targets, and a climate neutral economy by 2050, as described in the territorial just transition plans. The investments supported may cover energy and transport infrastructure, district heating networks, green mobility, smart waste managementtechnology and infrastructures for clean, affordable and renewable energy and environmentally-friendly and decarbonised transport, district heating networks, green, smart and sustainable mobility, investments in research and innovation activities, including in universities and public research institutions, fostering the transfer of advanced and market-ready technologies, investments in digitalisation, digital innovation and digital connectivity, including digital and precision farming, smart waste management, greenhouse gas emission reduction, clean energy and energy efficiency measures including renovations and conversions of buildings, support to transition to a circular economy, land restoration and decontamination when the “polluters pays” principle cannot be applied, as well as up- and re-skilling, training and social infrastructure, including social housing. Infrastructure developments may also include solutions leading to their enhanced resilience to withstand disasters. Comprehensive investment approach should be favoured in particular for territories with important transition needs. Investments in other sectors could also be supported if they are consistent with the adopted territorial just transition plans. By supporting investments that do not generate sufficient revenues, the Facility aims at providing public sector entities with additional resources necessary to address the social, economic and environmental challenges resulting from the adjustment to climate transition. Relevant local and regional authorities, economic and social partners and civil society of the territories concerned should be involved in the process of identification of the investments supported by the Facility in accordance with the partnership principle laid down in Article 6 of Regulation (EU) … /… [new CPR]. In order to help identify investments with a high positive environmental impact eligible under the Facility, the EU taxonomy on environmentally sustainable economic activities mayshould be used.
2020/09/01
Committee: REGI
Amendment 24 #

2020/0100(COD)

Proposal for a regulation
Recital 5 a (new)
(5 a) In the context of its effort to increase economic, territorial and social cohesion, the Facility should also contribute to eliminating inequalities and promoting gender equality and integrating the gender perspective, as well as combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation as set out in Article 2 of the Treaty on the European Union (TEU), Article 10 TFEU and Article 21 of the Charter of Fundamental Rights of the European Union. All stakeholders involved at all stages of implementation of the Facility should commit to promote gender equality and should ensure that the impact on women is taken into account, given that they are disproportionately impacted by climate change and transition process.
2020/09/01
Committee: REGI
Amendment 25 #

2020/0100(COD)

Proposal for a regulation
Recital 6
(6) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. However, the protection of final beneficiaries is crucial to ensure the effectiveness of the investments supported by the Facility. Local and regional authorities cannot lose their funding as a consequence of generalised deficiencies as regards the rule of law in the Member States. If necessary, the Commission, in agreement with the European Parliament and the Council, should temporarily manage funds with the recipients without the involvement of national governments violating the rule of law.
2020/09/01
Committee: REGI
Amendment 31 #

2020/0100(COD)

Proposal for a regulation
Recital 14
(14) Specific eligibility conditions and award criteria should be set out in the work programme and the call for proposals. Those eligibility conditions and award criteria should take into account the relevance of the project in the context of the development needs described in the territorial just transition plans, the overall objective of promoting regional and territorial convergence and the significance of the grant component for the viability of the projectt criteria established by Regulation (EU) … /... of the European Parliament and the Council [Regulation on establishment of a framework to facilitate sustainable investment], the ability of the project to meet the objectives and development needs described in the territorial just transition plans, the contribution to the achievement of the Union’s 2030 climate and energy targets, and climate neutrality by 2050, the overall objective of promoting regional and territorial convergence and the significance of the grant component for the viability of the project. The Commission should ensure that gender equality and the integration of gender perspective are taken into account and promoted in the work programme. Union Support established by this Regulation should thus only be made available to Member States with at least one territorial just transition plan adopted. The work programme and calls for proposals will also take into account the territorial just transition plans submitted by Member States to ensure that coherence and consistency across the different pillars of the mechanism is ensured.
2020/09/01
Committee: REGI
Amendment 36 #

2020/0100(COD)

(16) Since the grant component should reflect the divergent development needs of regions across Member States, such support should be modulated. Taking into account that public sector entities in less developed regions, as defined in Article 102(2) of Regulation [new CPR], in the outermost regions, as defined in Article 349 TFEU, and in rural, sparsely populated and depopulated areas generally experience lower public investment capacity, the grant rates applied to loans provided to such entities should be comparatively higher.
2020/09/01
Committee: REGI
Amendment 37 #

2020/0100(COD)

Proposal for a regulation
Recital 18
(18) In order to speed up implementation and ensure that resources are used in a timely fashion, this Regulation should lay down specific safeguards to be included in the grant agreements. In view of that objective, the Commission, in line with the principle of proportionality, should be able to reduce or terminate any Union support in case of serious lack of progress in the implementation of the project. The Commission, after notifying the Member State of the reduction or termination of Union support, should communicate to the Council and the European Parliament the reasons for the reduction or termination. The Financial Regulation lays down rules on the implementation of the Union budget. In order to ensure coherence in the implementation of Union funding programmes, the Financial Regulation should apply to the grant component and to resources for advisory support provided under this Facility.
2020/09/01
Committee: REGI
Amendment 40 #

2020/0100(COD)

Proposal for a regulation
Recital 19
(19) In accordance with the Financial Regulation and Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council and Council Regulations (Euratom, EC) No 2988/95, (Euratom, EC) No 2185/96 and (EU) 2017/1939, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities, including fraud, the recovery of funds lost, wrongly paid or incorrectly used, and, where appropriate, the imposition of administrative penalties. Any irregularities identified should be communicated to the Council and the European Parliament. In particular, in accordance with Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013, the European Anti- Fraud Office (OLAF) may carry out administrative investigations, including on- the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute offences against the financial interests of the Union, as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council. In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the financial interests of the Union, grant the necessary rights and access to the Commission, OLAF, the EPPO in respect of those Member States participating in enhanced cooperation pursuant to Regulation (EU) 2017/1939, and the European Court of Auditors (ECA), and ensure that any third parties involved in the implementation of Union funds grant equivalent rights.
2020/09/01
Committee: REGI
Amendment 48 #

2020/0100(COD)

Proposal for a regulation
Article 1 – paragraph 2
The Facility shall provide support benefitting Union territories facing serious social, environmental and economic challenges deriving from the transition process towards the Union's 2030 climate and energy targets, and a climate-neutral economy of the Union by 2050.
2020/09/01
Committee: REGI
Amendment 52 #

2020/0100(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
5. 'territorial just transition plan' means a plan established in accordance with Article 7 of Regulation [JTF Regulation], together with the relevant local and regional authorities of the territories concerned and in accordance with the partnership principle laid down in Article 6 of Regulation (EU) … /… [new CPR], and approved by the Commission;
2020/09/01
Committee: REGI
Amendment 54 #

2020/0100(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The general objective of the Facility is to address serious socio- economic challenges deriving from the transition process towards a climate-neutral economy for the benefit of the Union territories identified in the territorial just transition plans prepared by the Member States in accordance with Article 7 of Regulation [JTF Regulation] and to contribute to achieve the Union’s 2030 climate and energy targets, and climate neutrality by 2050, in line with Paris Agreement objectives.
2020/09/01
Committee: REGI
Amendment 66 #

2020/0100(COD)

Proposal for a regulation
Article 4 a (new)
Article 4 a Access to the resources 1. Access to the Facility shall be conditional on the adoption of a national objective towards the achievement of climate neutrality by 2050. For those Member States, which have not yet committed to a national target for climate neutrality, only 50% of their national allocation shall be released, while the remaining 50% shall be made available once they have adopted that target. 2. Access to the Facility shall be conditional to the respect for the rule of law, which is an essential precondition for sound financial management and effective EU funding, as well as the respect for human rights, including the rights of the minorities such as LGBTI rights, which are undermined in several Member States as a consequence of the creation of LGBTI free zones. The Commission shall reject applications from local authorities that have adopted "LGBT-free" declarations.
2020/09/01
Committee: REGI
Amendment 76 #

2020/0100(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. The Commission shall adopt a decision by means of an implementing actbe empowered to adopt a delegated act in accordance with Article 17 setting out the respective shares for each Member State resulting from the application of the methodology set out in Annex I of Regulation [JTF Regulation] in the form of percentages of the total available resources.
2020/09/01
Committee: REGI
Amendment 79 #

2020/0100(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point a
(a) the projects achieve measurable impact in addressing serious social, economic or environmental challenges deriving from the transition process towards a climate-neutral economy, contribute to achieve the Union’s 2030 climate and energy targets, and climate neutrality by 2050, and benefit territories identified in a territorial just transition plan, even if they are not located in those territories;
2020/09/01
Committee: REGI
Amendment 91 #

2020/0100(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
The Facility shall not support activities excluded under Article [5] of Regulation (EU) … /... [JTF Regulation].
2020/09/01
Committee: REGI
Amendment 94 #

2020/0100(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. The amount of the grant shall not exceed 15% of the amount of the loan provided by the finance partner under this Facility. For projects located in territories in NUTS level 2 regions with a GDP per capita not exceeding 75% of the average GDP of the EU-27 as referred to in Article [102(2)] of Regulation [new CPR], the amount of the grant shall not exceed 20% of the amount of the loan provided by the finance partner. For projects located in the outermost regions, as defined in Article 349 TFEU, the amount of the grant shall not exceed 25% of the amount of the loan provided by the finance partner.
2020/09/01
Committee: REGI
Amendment 102 #

2020/0100(COD)

Proposal for a regulation
Article 13 – paragraph 1
The Facility shall be implemented by work programmes established in accordance with Article 110 of the Financial Regulation. The Commission shall be empowered to adopt delegated acts in accordance with Article 17 adopting such work programmes. The work programmes shall specify the eligibility conditions and award criteria, taking into account the relevant criteria established by Regulation (EU) … /... of the European Parliament and the Council [Regulation on establishment of a framework to facilitate sustainable investment], the ability of the project to meet the objectives and development needs described in the territorial just transition plans, the contribution to the achievement of the Union’s 2030 climate and energy targets, and climate neutrality by 2050, the overall objective of promoting regional and territorial convergence and the significance of the grant component for the viability of the project. The Commission shall ensure that gender equality and the integration of gender perspective are taken into account and promoted in the work programme. The work programmes shall set out the national shares of resources, including any additional resources, for each Member State in accordance with Articles 4(1) and 6(2) of this Regulation.
2020/09/01
Committee: REGI
Amendment 108 #

2020/0100(COD)

Proposal for a regulation
Article 15 – paragraph 3 a (new)
3 a. Both the interim and final evaluation shall also assess the contribution to the achievement of the Union’s 2030 climate and energy targets, and climate neutrality by 2050, as well as the social and economic impact of the support provided under the Facility, including the impact on gender equality.
2020/09/01
Committee: REGI
Amendment 208 #

2020/0006(COD)

Proposal for a regulation
Recital 12
(12) In order to enhance the economic diversification of territories impacted by the transition, the JTF should provide support to productive investment in 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. In this regard, funds should be guaranteed for those ORs that face specific constraints in this just transition, as provided for in Article 349 TFEU. _________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
2020/05/27
Committee: REGI
Amendment 310 #

2020/0006(COD)

Proposal for a regulation
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 to address the social, economic and environmental impacts of the transition towards a climate- neutral economy by 2050’.
2020/05/27
Committee: REGI
Amendment 346 #

2020/0006(COD)

Proposal for a regulation
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. In addition, investment under the JTF shall be eligible only if it complies with the EU's climate and environment objectives, the 'do no harm' principle, and the EU taxonomy for sustainable financing. Activities which would hinder the development and deployment of low- carbon alternatives and result in a freezing of assets which, in view of their lifespan, are incompatible with or which dilute the long-term environment and climate objectives will not be eligible.
2020/05/27
Committee: REGI
Amendment 350 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
1a. The JTF shall give priority to financing activities aimed at supporting the diversification and modernisation of local economies and the safeguarding and deployment of local jobs.
2020/05/27
Committee: REGI
Amendment 435 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point e
(e) investments in digitalisation and digital connectivity linked directly to the transition to a climate-neutral economy by 2050;
2020/05/27
Committee: REGI
Amendment 449 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point f
(f) investments in regeneration and decontamination of sites, land restoration and repurposing projects, whenever the 'polluter pays' principle cannot be applied;
2020/05/27
Committee: REGI
Amendment 480 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point h
(h) upskilling and reskilling of worker, reskilling and training of workers and jobseekers and former employees employed in areas of activity facing serious socioeconomic challenges linked to the transition process;
2020/05/27
Committee: REGI
Amendment 498 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point i
(i) job-search assistance to jobseekers previously employed in areas of activity facing serious socioeconomic challenges linked to the transition process, including support for geographical mobility;
2020/05/27
Committee: REGI
Amendment 503 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point j
(j) active inclusion of jobseekers previously employed in areas of activity facing serious socioeconomic challenges linked to the transition process, including accompanying measures and actions aimed at overcoming tangential obstacles such as mobility, social and medical- social problems; particular attention must be paid to women;
2020/05/27
Committee: REGI
Amendment 550 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the decommissioning or the construction of nuclear power stations;
2020/05/27
Committee: REGI
Amendment 577 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) investment related to the production, transport, processing, distribution, storage or combustion of fossil fuels;
2020/05/27
Committee: REGI
Amendment 582 #

2020/0006(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
(da) investment which would prolong or maintain dependence on fossil fuels;
2020/05/27
Committee: REGI
Amendment 610 #

2020/0006(COD)

Proposal for a regulation
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 with the stages enabling the EU's 2030 climate objectives and 2050 climate neutrality objectives to be achieved, including a schedule for abandoning fossil-fuel dependent activities.
2020/05/27
Committee: REGI
Amendment 657 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities of the territories concerned, one or more territorial just transition plans covering one or more affected territories corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and social impacts resulting from the transition, in particular with regard to adaptation, modernisation or reconversion requirements or 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).
2020/05/27
Committee: REGI
Amendment 678 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point a
(a) a description of the transition process at national level towards a climate- neutral economy, including a timeline for key transition steps, with the aim of achieving the EU's climate objectives in 2030 and climate neutrality by 2050, including a timeline for gradually withdrawing from fossil fuel-dependent activities, which are consistent with the latest version of the National Energy and Climate Plan (‘NECP’);
2020/05/27
Committee: REGI
Amendment 868 #

2020/0006(COD)

Proposal for a regulation
Annex I – paragraph 1 a (new)
A specific allocation for the outermost regions of EUR 100 million is given to the Member States concerned.
2020/05/27
Committee: REGI
Amendment 3 #

2019/2204(INI)

Motion for a resolution
Recital A
A. whereas the Defence Procurement Directive seeks to introduce fair and transparent rules for defence procurement in an effort to make it easier forto make sure that defence companies in the Member States tocan access other Member States' defence markets;
2020/11/11
Committee: IMCO
Amendment 9 #

2019/2204(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas an important reason for the lack of participation of SMEs is the lack of cross-border access to supply chains; whereas, defence supply chains have a substantial national focus, which adds challenges for SMEs that wish to enter defence supply chains in other European countries; whereas, moreover, OEMs continue and limit themselves to subcontract SME's they have a pre- existing working relationship with, due to financial reasons;
2020/11/11
Committee: IMCO
Amendment 16 #

2019/2204(INI)

Motion for a resolution
Paragraph 1
1. Welcomes some of the positive trends witnessed in the progressive implementation of the Defence Procurement Directive, namely the increasing number of contract notices and contract-award notices issued by Member States, and the increasing proportion of procurement that has been tendered competitively through Tenders Electronic Daily (TED); stresses, howeverStresses, that a very high volume of procurement expenditure is still incurred outside the directive;
2020/11/11
Committee: IMCO
Amendment 19 #

2019/2204(INI)

Motion for a resolution
Paragraph 2
2. Underlines that one of the main barriers to the full and proper implementation of the directive remains the systematic usethe excessive use by the Member States of the provisions relating to exclusion by the Member States, in particular those laid down in Article 346 of the Treaty on the Functioning of the European Union could undermine the full and proper implementation of the directive;
2020/11/11
Committee: IMCO
Amendment 28 #

2019/2204(INI)

Motion for a resolution
Paragraph 3
3. Believes, in this regard, that the Commission should take a more proactive roleits responsibility in monitoring the exclusions used by the Member States in their awarding of contracts outside the scope of the Defence Procurement Directive, and should not be mainly reliant on received complaints filed by the industry;
2020/11/11
Committee: IMCO
Amendment 36 #

2019/2204(INI)

Motion for a resolution
Paragraph 5
5. Considers that some aspects of the implementation of the Defence Procurement Directive could be improved, such as, where relevant, the Member States’ use of the open procedure as provided for in Directive 2014/24/EC9 and howthe consistently they apply application of that directive whenever possible; calls on the Commission to encourage Member States to incorporate provisions of Directive 2014/24/EU which provide for quality- driven and agile procurement such as innovation partnerships when transposing Directive 2009/81/CE in their national laws; believes, however, that no revision of the Defence Procurement Directive is needed at this point, since the existing regulatory framework is sufficient if correctly implemented and properly used; __________________ 9 OJ L 094 28.3.2014, p. 65.
2020/11/11
Committee: IMCO
Amendment 43 #

2019/2204(INI)

Motion for a resolution
Paragraph 8
8. Observes, further, that there was a slower and lower than expected uptake of certification, and that there are still barriers to effective application of the directive, with low levels of awareness, particularly among SMEs, of the tools available under the directive, and the system used by the Member States in their export controls, in addition to the lack of harmonisation in the implementation of GTLs, which act as major barriers to the effective application of the directive; underlines the fact that an introduction of the ‘de Minimis’ rule principle, known from the Schmidt-Debré harmonisation agreement, in bilateral and/or multilateral agreements between Member States has the potential to further stimulate participation of SMEs in joint ventures and common export licenses throughout the internal market;
2020/11/11
Committee: IMCO
Amendment 50 #

2019/2204(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission to further improve the directive’s implementation in individual Member States by continuing its dialogue withinsisting on national authorities in order to resolve outstanding issues;
2020/11/11
Committee: IMCO
Amendment 59 #

2019/2204(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to be boldstrong in enforcing the directives, including, where necessary, by making use of infringement proceduresby making use of their right laid down in Article 258 TFEU to start infringement procedures; asks the Commission to initiate infringement procedures instead of solely acting on complaints filed by the industry;
2020/11/11
Committee: IMCO
Amendment 65 #

2019/2204(INI)

Motion for a resolution
Paragraph 21
21. Is of the opinion that the subcontracting provisions of the directive with regards to competition between subcontractors had no or a very limited impact on the cross- border access of sub-suppliers and defence SMEs; calls on the Member States to ascertain that their internal procedures are not blocking SMEs’ participation in tendering processes in the fields of defence and security;
2020/11/11
Committee: IMCO
Amendment 69 #

2019/2204(INI)

Motion for a resolution
Paragraph 23
23. Considers that Member-State action could significantly improve cross-border market access for SMEs and sub-suppliers in the defence sectors, and therefore, calls on the Member States to seriously take into consideration and follow when possibleimplement the Commission recommendations as much as possible;
2020/11/11
Committee: IMCO
Amendment 70 #

2019/2204(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls on the Commission to improve access to finance for SMEs such as European guarantee funds;
2020/11/11
Committee: IMCO
Amendment 17 #

2019/2198(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls on the EU institutions to reply promptly to requests for access to documents;
2020/06/03
Committee: AFCO
Amendment 20 #

2019/2198(INI)

Draft opinion
Paragraph 4
4. Calls for the EU legislators to comply with the judgment of the General Court of 22 March 2018 (case T-540/15) on access to the documents of the trilogues, thereby further strengthening the culture of transparency in the EU’s legislative work; recalls nevertheless the strategic nature of these documents which are the basis of negotiating positions which do not necessarily reflect the final texts to be agreed by the co-legislators and whose publication in advance of the trilogue meeting could be subject to abuse by external parties;
2020/06/03
Committee: AFCO
Amendment 38 #

2019/2190(INI)

Motion for a resolution
Paragraph 1
1. Stresses that due to the COVID-19 crisis, it is of paramount importance for the protection of EU citizens that the safety of all products, needed to tackle the emergency is the highest, especially for medical and protective equipment, including products sold online and from outside the EU; calls, therefore,stresses the need for online platforms and online market places to take proactive measures to tackle misleading practices and disinformation regarding products sold online, and calls on the Commission and Member States to strengthen their coordinated actions within the product safety framework;
2020/05/20
Committee: IMCO
Amendment 45 #

2019/2190(INI)

Motion for a resolution
Paragraph 2
2. Welcomes Regulation (EU) 2019/1020 on market surveillance but highlights that, with the exception of customs checks, it only applies to products subject to Union harmonisation legislation, while around one third of all products circulating in the EU are non-harmonised products; urges the Commission to update and establish aligned market surveillance rules, including those for for offline and online, for both harmonized and non-harmoniszed products, and make them fit for purpose in the digital age;
2020/05/20
Committee: IMCO
Amendment 52 #

2019/2190(INI)

Motion for a resolution
Paragraph 3
3. Points out the need to adapt product safety rules to the digital worldnew market realities and the imperatives of the green and digital transition; asks the Commission to address the challenges of emerging technologies such as 3D-printingartificial intelligence (AI), the internet of things (IoT) and, robotics and others in its revision of the General Product Safety Directive (GPSD), and to identify and close gaps within existing legislation such as the Machinery Directive and Radio Equipment Directive, while avoiding duplicating legislation;
2020/05/20
Committee: IMCO
Amendment 58 #

2019/2190(INI)

Motion for a resolution
Paragraph 4
4. Calls on the Commission to redefine the term ‘product’ as part of the revision of the GPSD in coordination with potential revision of other legislative frameworks such as the Product Liability Directive (PLD), so that it reflects the complexity of emerging technologies, including stand-alone software and software or updates which entail substantial modification to the product leading to a de facto new product;
2020/05/20
Committee: IMCO
Amendment 71 #

2019/2190(INI)

Motion for a resolution
Paragraph 6
6. Agrees AI systems should be safe in order to be trustworthy, as outlined by the High-Level Expert Group in its Ethics Guidelines for trustworthy AI; is convinced that an EU-wide approach to AI, including a common definition, is needuropean operational framework is of key importance in avoiding the fragmentation of the Single Market, resulting from differing national legislations. Thus, the EU needs to avoidct at the European level in terms of a fragmentation of the internal market, which would underminwork for investment, data infrastructure, research and common ethical norms that would enhance the trust of citizens and businesses, create legal uncertainty and weakenimprove the EU’s economic competitiveness;
2020/05/20
Committee: IMCO
Amendment 74 #

2019/2190(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Stresses the importance of sustainability of products for enhancing their safety though their entire life cycle. Welcomes in this respect the Circular Economy Action Plan and the intention of the Commission to come up with specific measures that will address the need to improve product durability, reusability, upgradability and reparability, as well as to tackle the premature obsolescence of products; stresses furthermore the importance of providing consumers with reliable information about products at the point of sale, including on their lifespan and other environmental performance.
2020/05/20
Committee: IMCO
Amendment 76 #

2019/2190(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Stresses that the Commission should screen the existing AI standards in place and consult with businesses and other stakeholders to understand which new standards are needed, should carry out a periodic assessment of the European regulatory framework related to AI in order to ensure the product safety, consumer and data protection;
2020/05/20
Committee: IMCO
Amendment 86 #

2019/2190(INI)

Motion for a resolution
Paragraph 7
7. EncourageAsks the Commission to assess the feasibility of developing measures, such as risk-based assessment schemes and conformity assessment mechanisms, where they do not yet exist, tothat ensure the safety and security of products with embedded emerging technologies, and to provide support to SMEs to reduce the burden such measures can creat; underlines that products with embedded emerging technologies such as AI may evolve with the time via updates and self- learning processes and that these measures that apply only at the time of the placing of the product on the market may therefore not be fit for purpose;
2020/05/20
Committee: IMCO
Amendment 95 #

2019/2190(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Highlights the fact that the connectivity of products can lead to new safety and security risks; urges the Commission to thoroughly reassess the potential risks of connected products and adapt the application of conformity assessment modules for those products with a substantially increased risk level;
2020/05/20
Committee: IMCO
Amendment 100 #

2019/2190(INI)

Motion for a resolution
Paragraph 8
8. Urges the Commission to evaluate, in case of a necessary reassessment of products, whether more flexibility could be considered for low-risk products for the purposes oftake into account the 'think small first' principle when assessing the feasibility of such measures; considers that such measures should take due account of the need to provide support to SMEs to reduce the burden these measures can create; urges the Commission to use the existing legal framework for low-risk products and allow for the least stringent conformity assessment schemes to be used in order to reduce the administrative burden and facilitate product refurbishment;
2020/05/20
Committee: IMCO
Amendment 115 #

2019/2190(INI)

Motion for a resolution
Paragraph 10
10. Encourages economic operators to integrate safety mechanisms in emerging technologies, including self-repair mechanisms, to prevent the upload of unsafe software, raise awareness of safety problems of their products, and ensure and improve safety throughout their lifecycle;
2020/05/20
Committee: IMCO
Amendment 120 #

2019/2190(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Commission and the Member States to enhance connectivity infrastructure, including new communication technologies, like 5G, in order to also improve the safety of connected products;
2020/05/20
Committee: IMCO
Amendment 157 #

2019/2190(INI)

Motion for a resolution
Paragraph 14
14. Encourages the Commission to cooperate with the Member States in order to increase the resources and expertise of their market surveillance authorities, to enhance cooperation among them, including at cross-border level and online markets, improve the efficiency and effectiveness of checks, and properly staff custom authorities so as to be able to identify unsafe products, in particular from third countries, and prevent their circulation in the internal market;
2020/05/20
Committee: IMCO
Amendment 169 #

2019/2190(INI)

Motion for a resolution
Paragraph 15
15. Urges Member States to set minimum sampling rates; and asks market surveillance authorities to carry out sector- specific mystery shopping, including from online shopping marketplaces, on a regular basis at least once a year, in particular for the product categories most notified on the Safety Gate (Rapex);
2020/05/20
Committee: IMCO
Amendment 173 #

2019/2190(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission to swiftly adopt implementing acts in accordance with Regulation 2019/1020, and in particular Article 25 thereof, laying down benchmarks and techniques for checks on harmonised and non-harmonised products, and to include minimum requirements on scale and frequency of checks for products entering the Union market so as to ensure consistent, effective and uniform enforcement of Union law;
2020/05/20
Committee: IMCO
Amendment 208 #

2019/2190(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Urges the Commission to further harmonise the methodology and criteria for assessing risks in all Member States in order to ensure a level playing field for all economic operators;
2020/05/20
Committee: IMCO
Amendment 219 #

2019/2190(INI)

Motion for a resolution
Paragraph 22
22. EncouragesNotes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, an increasing number of non-compliant sellers - especially from third countries – are offering unsafe or illegal products in the European market, therefore urges the Commission to establish regulations in order to ensure the cooperation of the online marketplaces to react as quickly as possible to notifications from Rapex, and to cooperate effectively with the Member States’ competent authorities by immediately withdrawing unsafe products, and taking measures to avoid that they reappear; asks the Commission to create guidelines for online marketplaces on how to react effectively to unsafe products;
2020/05/20
Committee: IMCO
Amendment 228 #

2019/2190(INI)

Motion for a resolution
Paragraph 23
23. Asks onlinStresses that the Commission should establish clear guide lines for the marketplaces to enhance their cooperation, consult Rapex before placing products on their websites, exchange information on sellers that break the rules, take effective measures against them and their supply chain, and develop an easily accessible tool for consumers to report unsafe products;
2020/05/20
Committee: IMCO
Amendment 252 #

2019/2190(INI)

Motion for a resolution
Paragraph 27
27. Welcomes the fact that the European standardisation programme for 2020 addresses the challenges emerging within the Digital Single Market, such as AI, IoT, protection of data, including health data, cybersecurity and automated mobility; asks the Commission to define standardsmandate Cen-Cenelec to define standards, including for traditional sectors, not previously using IT, allowing the deployment of interoperable technologies to provide for safe EU-wide emerging technologies;
2020/05/20
Committee: IMCO
Amendment 256 #

2019/2190(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Stresses that the safety of products should be a priority for the Commission in updating the legislation in order to cover security risks generated by connected products and the risks to be hacked.
2020/05/20
Committee: IMCO
Amendment 271 #

2019/2190(INI)

Motion for a resolution
Paragraph 29 a (new)
29a. Acknowledges, that the success of any product or innovation stands and falls with the trust placed in its quality and safety and that the EU’s goal must be to ensure this trust, especially in an increasingly digital networked world; encourages the European Commission to further develop the established and successful quality infrastructure, consisting of metrology, standardisation, accreditation, conformity assessment and market surveillance, in consultation with all partners involved, to meet these new challenges;
2020/05/20
Committee: IMCO
Amendment 281 #

2019/2190(INI)

Motion for a resolution
Paragraph 31
31. Asks retailers, online marketplaces and consumer associations to play a greater role in recalls of unsafe products purchased online or offline by ensuring adequate information is available to consumers, asks the Commission to assess how new technologies and algorithms can make this process more effective and ensure that a larger number of affected consumers are reached;
2020/05/20
Committee: IMCO
Amendment 283 #

2019/2190(INI)

Motion for a resolution
Paragraph 31 a (new)
31a. Urges the Commission to develop legislation obliging online marketplaces, given their direct communication with consumers, to inform consumers in case they bought an unsafe or otherwise non- compliant product from their online marketplace;
2020/05/20
Committee: IMCO
Amendment 288 #

2019/2190(INI)

Motion for a resolution
Paragraph 33
33. Calls on Commission and Member States to foresee a non-burdensome feedback report on recalls by economic operators to be submitted to the market surveillance authorities in order to assess the effectiveness of the recall;
2020/05/20
Committee: IMCO
Amendment 1 #

2019/2182(INL)

Draft opinion
Recital -A (new)
-A. whereas the use of asbestos fibres and products containing these fibres added intentionally has been prohibited as from January 20051a __________________ 1aEU Regulation No 1907/2006 of the European Parliament and of the Council of 18 December 2006
2021/06/03
Committee: IMCO
Amendment 2 #

2019/2182(INL)

Draft opinion
Recital -A a (new)
-Aa. whereas Member States must ensure the complete phase-out of Asbestos fibres at the latest by 20251a __________________ 1aEU Regulation No 2016/1005 of 22 June 2016 amending Annex XVII to Regulation (EC) No 1907/2006 as regards asbestos fibres (chrysotile)
2021/06/03
Committee: IMCO
Amendment 15 #

2019/2182(INL)

Draft opinion
Recital B
B. whereas the extensive use of asbestos in constructionasbestos residues in buildings and constructions containing asbestos poses a threat to building users and occupants;
2021/06/03
Committee: IMCO
Amendment 19 #

2019/2182(INL)

Draft opinion
Recital C a (new)
Ca. whereas the removal of asbestos places a financial burden on building owners; whereas the introduction of requirements for the safe removal of asbestos must be socially fair and must be accompanied by appropriate measures to support owners to finance the needed renovations, as well as accompanying measures for SMEs conducting works;
2021/06/03
Committee: IMCO
Amendment 22 #

2019/2182(INL)

Draft opinion
Paragraph -1 (new)
-1. Welcomes the Commission’s commitment to present a legal proposal to further reduce workers exposure to asbestos in 2022;
2021/06/03
Committee: IMCO
Amendment 32 #

2019/2182(INL)

Draft opinion
Paragraph 1 – point b
b. the screening shall be validated by an asbestos risk certificate detailing the areas screened and, where appropriate, the action taken, the presence or lack thereof of any asbestos and, where appropriate, by recommendations on what actions are needed to reduce the risk posed by asbestos;
2021/06/03
Committee: IMCO
Amendment 52 #

2019/2182(INL)

Draft opinion
Paragraph 1 a (new)
1a. Calls on Member States to develop a list of certified operators, which shall be made available by the competent national body; the certified operator shall communicate the results of the screening to the owner in a certificate, which should be reported to a competent national body (a one-stop shop).
2021/06/03
Committee: IMCO
Amendment 56 #

2019/2182(INL)

Draft opinion
Paragraph 1 b (new)
1b. Notes the additional administrative burden of such new requirements; encourages Member States to grant potential fund and financial support for owners of the buildings to undertake the significant costs induced by the screening for the presence of asbestos and avoid the risk of abandon of buildings; this could include funding for the purchase of a building by the Member States.
2021/06/03
Committee: IMCO
Amendment 61 #

2019/2182(INL)

Draft opinion
Paragraph 1 c (new)
1c. Calls on the Commission to take into account in its proposal specificities of SMEs; insists on the need to develop standardisation process to remove asbestos fibres to reduce the burden of the procedure and ease administrative burden on companies, especially for SMEs.
2021/06/03
Committee: IMCO
Amendment 64 #

2019/2182(INL)

Draft opinion
Paragraph 1 d (new)
1d. Calls Member States for accompanying measures for SMEs; insists on the need to facilitate their work on the implementation of regulations related to asbestos, notably through guidance on the best practices to implement; encourages Member States to launch awareness-raising campaigns accompanying measures for SMEs; insists that the transition toward a European Union free of asbestos should be socially fair and include support for private owners and SMEs;
2021/06/03
Committee: IMCO
Amendment 70 #

2019/2182(INL)

Draft opinion
Paragraph 1 f (new)
1f. Calls on Member States to facilitate the free of charge access of this register for owners, buyers, renters, workers and SMEs; the certificate shall be annexed to the sale agreement and shall be made available to the tenants.
2021/06/03
Committee: IMCO
Amendment 72 #

2019/2182(INL)

Draft opinion
Paragraph 1 g (new)
1g. Encourages Member States cooperate on the development of coordinated registration systems and databases and to share good practises related to asbestos issue in the single market.
2021/06/03
Committee: IMCO
Amendment 15 #

2019/2132(INI)

Draft opinion
Paragraph 2
2. Highlights the crucial role of national parliaments in the pre-legislative scrutiny of draft EU laws and in their correct implementation by the Member Statesso that Member States are then better able to implement them correctly and promptly;
2020/10/16
Committee: AFCO
Amendment 26 #

2019/2132(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Notes the particular lack of transposition, implementation and supervision of EU law in the Area of Freedom, Security and Justice, in contrast to the great urgency with which legislative proposals in this field are often pushed by the Commission and the Council during the EU legislative procedure; Emphasises that the decentralised system of supervision proves to be inadequate in many fields, such as regarding data protection and anti money laundering; Calls on the Commission and on national authorities to pro-actively and comprehensively monitor and enforce the application of EU law in this area;
2020/10/16
Committee: AFCO
Amendment 34 #

2019/2132(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Regrets that there has been a 20% increase in the number of infringement proceedings on EU single market related legislation since December 2017, including 15.6% since 2018, and calls on Member States to transpose EU law quicker and more diligently;
2020/10/16
Committee: AFCO
Amendment 37 #

2019/2132(INI)

Draft opinion
Paragraph 6 b (new)
6 b. Notes with concern that the EU average for transposition delays has increased with directives in 2019 having taken three months longer to be transposed into national legislation than in 2018;
2020/10/16
Committee: AFCO
Amendment 38 #

2019/2132(INI)

Draft opinion
Paragraph 6 c (new)
6 c. Underlines the importance of the principle set out in paragraph 43 of the Inter-Institutional Agreement on Better Law-Making, that when the Member States, in the context of transposing directives into national law, choose to add elements that are in no way related to that Union legislation (also known as ‘gold- plating’), such additions should be made identifiable either through the transposing act(s) or through associated documents; notes that this information is often still lacking; calls on the Commission and the Member States to act jointly and consistently to tackle the lack of transparency and other problems related to ‘gold-plating’ as this practice can put unnecessary burdens on citizens, businesses and administrations;
2020/10/16
Committee: AFCO
Amendment 39 #

2019/2132(INI)

Draft opinion
Paragraph 6 d (new)
6 d. Reaffirms that the Court of Justice of the European Union (CJEU) has the exclusive competence to interpret EU law;
2020/10/16
Committee: AFCO
Amendment 43 #

2019/2132(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Calls on the European Commission to launch infringement procedures if a Member State does not apply or respect the fundamental values referred to in Article 2 TEU, including the rule of law;
2020/10/16
Committee: AFCO
Amendment 1 #

2018/2070(ACI)

Motion for a resolution
Citation 9 a (new)
- having regard to its legislative resolution of 16 September 2020 on the draft Council decision on the system of own resources of the European Union1a, _________________ 1a Texts adopted, P9_TA(2020)0220.
2020/11/30
Committee: AFCO
Amendment 4 #

2018/2070(ACI)

Motion for a resolution
Recital C a (new)
C a. Whereas the implementation of the budgetary discipline and cooperation between the institutions on budgetary matters and sound financial management requires the Council to share necessary information with Parliament in the framework of the discharge procedure concerning the European Council and the Council, so as to ensure that Parliament has the necessary information on how the Council is implementing its budget, either directly or via the Commission;
2020/11/30
Committee: AFCO
Amendment 6 #

2018/2070(ACI)

Motion for a resolution
Recital D
D. Whereas the new agreement contains important new elements in particular a roadmap for the introduction of new own resources during the next seven years, that will be sufficient to cover the interests and repayment costs of the European Union Recovery Instrument (Next Generation EU (NGEU)); whereas revenue from own resources in excess of the needs for repayment will continue to fund the Union budget as general revenue in line with the principle of universality; whereas the new agreement also contains provisions on enhanced budgetary scrutiny of the spending of Next Generation EU (NGEU) fundingfunds under the European Union Recovery Instrument (NGEU) and arrangements to monitor spending on climate and biodiversity objectives and on gender equality and mainstreaming;
2020/11/30
Committee: AFCO
Amendment 13 #

2018/2070(ACI)

Motion for a resolution
Recital G
G. Whereas this agreement, furthermore, contains a commitment to seek arrangements for cooperation between the institutions for future MFF negotiationincludes for the first time provisions relating to cooperation and dialogue on the part of the institutions during the negotiations on the MFF, aimed at operationalising the treaty requirements, according to which the institutions are to take any measure necessary to facilitate the adoption of a MFF and to promote consultation and the reconciliation of their positions on budgetary matters, so as to strengthen dialogue and transparency of the whole negotiation process;
2020/11/30
Committee: AFCO
Amendment 16 #

2018/0902R(NLE)

Draft opinion
Paragraph 3 a (new)
3 a. Draws attention that the Hungarian elections were held on 3 April 2022 without addressing recommendations of the ODIHR and GRECO related to campaign finance legislation what negatively affected the transparency and accountability of campaign finances;
2022/04/12
Committee: AFCO
Amendment 40 #

2018/0902R(NLE)

Draft opinion
Paragraph 7 a (new)
7 a. Draws attention to the consequences of the war in Ukraine and the need for immediate responses from Member States. Calls on the Commission to ensure that the need for immediate responses does not lead to unnecessary flexibility and reduced impact of the instruments for upholding the rule of law in the Union, pursuant to both Article 7 TEU and the budgetary conditionality regulation;
2022/04/12
Committee: AFCO