BETA

Activities of Claude GRUFFAT

Plenary speeches (56)

Fight against money laundering, following the FinCEN files (debate)
2020/10/08
Economic policies of the euro area 2020 - Employment and social policies of the euro area 2020 (debate)
2020/10/21
Dossiers: 2020/2079(INI)
Towards a New Consumer Agenda beyond 2020 (debate)
2020/11/23
A new strategy for European SMEs (debate)
2020/12/14
Dossiers: 2020/2131(INI)
Reforming the EU list of tax havens (debate)
2021/01/20
Dossiers: 2020/2863(RSP)
European Central Bank – annual report 2020 (debate)
2021/02/08
Dossiers: 2020/2123(INI)
New Circular Economy Action Plan (debate)
2021/02/08
Dossiers: 2020/2077(INI)
Implementation of the Construction Products Regulation (debate)
2021/03/08
Dossiers: 2020/2028(INI)
European Semester: annual sustainable growth strategy 2021 – European Semester: employment and social aspects in the annual sustainable growth strategy 2021 (debate)
2021/03/10
Dossiers: 2020/2244(INI)
Reforming the EU policy framework to stop tax avoidance in the EU after the OpenLux revelations (continuation of debate)
2021/03/10
Business Taxation (continuation of debate)
2021/05/18
The severe impact of the recent spring frost on fruit and wine growers (debate)
2021/05/20
Dossiers: 2021/2696(RSP)
Competition policy – annual report 2020 (debate)
2021/06/07
Dossiers: 2020/2223(INI)
European Citizens' Initiative "End the cage age" (continuation of debate)
2021/06/10
Dossiers: 2021/2633(RSP)
EU contribution to transforming global food systems to achieve the Sustainable Development Goals (debate)
2021/09/15
Dossiers: 2021/2750(RSP)
Reversing the negative social consequences of the COVID-19 pandemic (debate)
2021/09/15
Dossiers: 2021/2734(RSP)
Pandora Papers: implications on the efforts to combat money laundering, tax evasion and avoidance (debate)
2021/10/06
Farm to Fork Strategy (debate)
2021/10/18
Dossiers: 2020/2260(INI)
Climate, Energy and Environmental State aid guidelines (“CEEAG”) (debate)
2021/10/19
Increased efforts to fight money laundering (debate)
2021/10/20
Outcome of Global Summit Nutrition for Growth (Japan, 7-8 December) and increased food insecurity in developing countries (debate)
2021/12/14
European Central Bank – annual report 2021 (continuation of debate)
2022/02/14
Dossiers: 2020/2085(INI)
Tackling non-tariff and non-tax barriers in the single market (debate)
2022/02/15
Dossiers: 2021/2043(INI)
Fair and simple taxation supporting the recovery strategy (continuation of debate)
2022/03/09
Dossiers: 2020/2254(INL)
MFF 2021-2027: fight against oligarch structures, protection of EU funds from fraud and conflict of interest (debate)
2022/03/23
Dossiers: 2020/2126(INI)
Urgent need to adopt the minimum tax directive (debate)
2022/04/04
EU action plan for organic agriculture (debate)
2022/05/02
Dossiers: 2021/2239(INI)
Competition policy – annual report 2021 (debate)
2022/05/04
Dossiers: 2021/2185(INI)
Minimum level of taxation for multinational groups (debate)
2022/05/18
Dossiers: 2021/0433(CNS)
Question Time (Commission) Reducing the use of pesticides and strengthening consumer protection
2022/06/06
Question Time (Commission) Reducing the use of pesticides and strengthening consumer protection
2022/06/06
National vetoes to undermine the global tax deal (debate)
2022/06/23
Objection pursuant to Rule 111(3): Amending the Taxonomy Climate Delegated Act and the Taxonomy Disclosures Delegated Act (debate)
2022/07/05
Dossiers: 2021/2245(INI)
Taxing windfall profits of energy companies (debate)
2022/07/06
Keep the bills down: social and economic consequences of the war in Ukraine and the introduction of a windfall tax (debate)
2022/10/18
Tackle the cost of living crisis: increase pay, tax profits, stop speculation (topical debate)
2022/12/14
Rules to prevent the misuse of shell entities for tax purposes (debate)
2023/01/16
Dossiers: 2021/0434(CNS)
Amendments to the European Long-Term Investment Funds (ELTIFs) Regulation (debate)
2023/02/14
Dossiers: 2021/0377(COD)
European Central Bank - annual report 2022 (debate)
2023/02/15
Dossiers: 2022/2037(INI)
Availability of fertilisers in the EU (debate)
2023/02/16
Dossiers: 2022/2982(RSP)
Failure of the Silicon Valley Bank and the implications for financial stability in Europe (debate)
2023/03/15
European Citizens’ Initiative "Save bees and farmers! Towards a bee-friendly agriculture for a healthy environment" (debate)
2023/03/16
Keeping people healthy, water drinkable and soil liveable: getting rid of forever pollutants and strengthening EU chemical legislation now (topical debate)
2023/04/19
Impact on the 2024 EU budget of increasing European Union Recovery Instrument borrowing costs - Own resources: a new start for EU finances, a new start for Europe (debate)
2023/05/08
Dossiers: 2022/2172(INI)
The role of farmers as enablers of the green transition and a resilient agricultural sector (continuation of debate)
2023/05/10
Impact of the interest rate increase decided by the ECB on households and workers (debate)
2023/05/10
Geographical Indications for wine, spirit drinks and agricultural products (debate)
2023/05/31
Dossiers: 2022/0089(COD)
Competition policy - annual report 2022 (debate)
2023/06/12
Dossiers: 2022/2060(INI)
Ensuring food security and the long-term resilience of EU agriculture (debate)
2023/06/13
Dossiers: 2022/2183(INI)
Lessons learnt from the Pandora Papers and other revelations (debate)
2023/06/14
Dossiers: 2022/2080(INI)
Tax the rich (topical debate)
2023/07/12
Need to adopt the “Unshell” Directive on rules to prevent the misuse of shell entities for tax purposes (debate)
2023/07/12
SME Relief Package (debate)
2023/09/13
Financial services contracts concluded at a distance (debate)
2023/10/05
Dossiers: 2022/0147(COD)
Sustainable use of plant protection products (debate)
2023/11/21
Dossiers: 2022/0196(COD)
Role of tax policy in times of crisis (debate)
2023/12/11
Dossiers: 2023/2058(INI)

Shadow reports (22)

REPORT on the proposal for a Council directive amending Directive 2006/112/EC on the common system of value added tax as regards the identification of taxable persons in Northern Ireland
2020/10/29
Committee: ECON
Dossiers: 2020/0165(CNS)
Documents: PDF(160 KB) DOC(48 KB)
Authors: [{'name': 'Irene TINAGLI', 'mepid': 197591}]
REPORT on the implementation of Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of construction products (the Construction Products Regulation)
2021/02/03
Committee: IMCO
Dossiers: 2020/2028(INI)
Documents: PDF(218 KB) DOC(72 KB)
Authors: [{'name': 'Christian DOLESCHAL', 'mepid': 197473}]
REPORT on competition policy – annual report 2020
2021/05/18
Committee: ECON
Dossiers: 2020/2223(INI)
Documents: PDF(244 KB) DOC(95 KB)
Authors: [{'name': 'Johan VAN OVERTVELDT', 'mepid': 125106}]
REPORT on the proposal for a Council directive amending Directive 2006/112/EC as regards conferral of implementing powers to the Commission to determine the meaning of the terms used in certain provisions of that Directive
2021/06/16
Committee: ECON
Dossiers: 2020/0331(CNS)
Documents: PDF(178 KB) DOC(52 KB)
Authors: [{'name': 'Irene TINAGLI', 'mepid': 197591}]
REPORT on tackling non-tariff and non-tax barriers in the single market
2021/12/03
Committee: IMCO
Dossiers: 2021/2043(INI)
Documents: PDF(218 KB) DOC(83 KB)
Authors: [{'name': 'Kosma ZŁOTOWSKI', 'mepid': 124884}]
REPORT on the impact of national tax reforms on the EU economy
2021/12/14
Committee: ECON
Dossiers: 2021/2074(INI)
Documents: PDF(202 KB) DOC(72 KB)
Authors: [{'name': 'Markus FERBER', 'mepid': 1917}]
REPORT with recommendations to the Commission on fair and simple taxation supporting the recovery strategy (EP follow-up to the July Commission’s Action Plan and its 25 initiatives in the area of VAT, business and individual taxation)
2022/02/10
Committee: ECON
Dossiers: 2020/2254(INL)
Documents: PDF(238 KB) DOC(80 KB)
Authors: [{'name': 'Luděk NIEDERMAYER', 'mepid': 124701}]
REPORT on competition policy – annual report 2021
2022/03/28
Committee: ECON
Dossiers: 2021/2185(INI)
Documents: PDF(239 KB) DOC(110 KB)
Authors: [{'name': 'Andreas SCHWAB', 'mepid': 28223}]
REPORT on an EU action plan for organic agriculture
2022/04/11
Committee: AGRI
Dossiers: 2021/2239(INI)
Documents: PDF(212 KB) DOC(78 KB)
Authors: [{'name': 'Simone SCHMIEDTBAUER', 'mepid': 197656}]
REPORT on the proposal for a Council directive on ensuring a global minimum level of taxation for multinational groups in the Union
2022/05/03
Committee: ECON
Dossiers: 2021/0433(CNS)
Documents: PDF(222 KB) DOC(97 KB)
Authors: [{'name': 'Aurore LALUCQ', 'mepid': 197697}]
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2015/760 as regards the scope of eligible assets and investments, the portfolio composition and diversification requirements, the borrowing of cash and other fund rules and as regards requirements pertaining to the authorisation, investment policies and operating conditions of European long-term investment funds
2022/06/29
Committee: ECON
Dossiers: 2021/0377(COD)
Documents: PDF(293 KB) DOC(98 KB)
Authors: [{'name': 'Michiel HOOGEVEEN', 'mepid': 218349}]
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/83/EU concerning financial services contracts concluded at a distance and repealing Directive 2002/65/EC
2023/03/30
Committee: IMCO
Dossiers: 2022/0147(COD)
Documents: PDF(291 KB) DOC(129 KB)
Authors: [{'name': 'Arba KOKALARI', 'mepid': 197406}]
REPORT on the proposal for a regulation of the European Parliament and of the Council on European Union geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2017/1001 and (EU) 2019/787 and repealing Regulation (EU) No 1151/2012
2023/05/03
Committee: AGRI
Dossiers: 2022/0089(COD)
Documents: PDF(671 KB) DOC(310 KB)
Authors: [{'name': 'Paolo DE CASTRO', 'mepid': 96891}]
REPORT on competition policy – annual report 2022
2023/05/08
Committee: ECON
Dossiers: 2022/2060(INI)
Documents: PDF(232 KB) DOC(86 KB)
Authors: [{'name': 'René REPASI', 'mepid': 229839}]
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products, amending Regulation (EU) 2019/1020 and repealing Regulation (EU) 305/2011
2023/06/02
Committee: IMCO
Dossiers: 2022/0094(COD)
Documents: PDF(916 KB) DOC(424 KB)
Authors: [{'name': 'Christian DOLESCHAL', 'mepid': 197473}]
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 260/2012 and (EU) 2021/1230 as regards instant credit transfers in euro
2023/07/03
Committee: ECON
Dossiers: 2022/0341(COD)
Documents: PDF(365 KB) DOC(77 KB)
Authors: [{'name': 'Michiel HOOGEVEEN', 'mepid': 218349}]
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2014/65/EU to make public capital markets in the Union more attractive for companies and to facilitate access to capital for small and medium-sized enterprises and repealing Directive 2001/34/EC
2023/10/26
Committee: ECON
Dossiers: 2022/0405(COD)
Documents: PDF(230 KB) DOC(66 KB)
Authors: [{'name': 'Alfred SANT', 'mepid': 124781}]
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) 2017/1129, (EU) No 596/2014 and (EU) No 600/2014 to make public capital markets in the Union more attractive for companies and to facilitate access to capital for small and medium-sized enterprises
2023/10/26
Committee: ECON
Dossiers: 2022/0411(COD)
Documents: PDF(439 KB) DOC(136 KB)
Authors: [{'name': 'Alfred SANT', 'mepid': 124781}]
REPORT on the proposal for a directive of the European Parliament and of the Council on multiple-vote share structures in companies that seek the admission to trading of their shares on an SME growth market
2023/10/26
Committee: ECON
Dossiers: 2022/0406(COD)
Documents: PDF(265 KB) DOC(80 KB)
Authors: [{'name': 'Alfred SANT', 'mepid': 124781}]
REPORT on further reform of corporate taxation rules
2023/11/14
Committee: ECON
Dossiers: 2022/2146(INI)
Documents: PDF(287 KB) DOC(140 KB)
Authors: [{'name': 'Isabel BENJUMEA BENJUMEA', 'mepid': 197679}]
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directives 2009/65/EU, 2013/36/EU and (EU) 2019/2034 as regards the treatment of concentration risk towards central counterparties and the counterparty risk on centrally cleared derivative transactions
2023/12/05
Committee: ECON
Dossiers: 2022/0404(COD)
Documents: PDF(210 KB) DOC(59 KB)
Authors: [{'name': 'Danuta Maria HÜBNER', 'mepid': 96779}]
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 648/2012, (EU) No 575/2013 and (EU) 2017/1131 as regards measures to mitigate excessive exposures to third-country central counterparties and improve the efficiency of Union clearing markets
2023/12/05
Committee: ECON
Dossiers: 2022/0403(COD)
Documents: PDF(534 KB) DOC(214 KB)
Authors: [{'name': 'Danuta Maria HÜBNER', 'mepid': 96779}]

Opinions (3)

OPINION on the new circular economy action plan
2020/12/07
Committee: AGRI
Dossiers: 2020/2077(INI)
Documents: PDF(142 KB) DOC(78 KB)
Authors: [{'name': 'Claude GRUFFAT', 'mepid': 204420}]
OPINION on a Farm to Fork Strategy for a fair, healthy and environmentally friendly food system
2021/04/16
Committee: IMCO
Dossiers: 2020/2260(INI)
Documents: PDF(144 KB) DOC(76 KB)
Authors: [{'name': 'Claude GRUFFAT', 'mepid': 204420}]
OPINION on the resilient supply chains in the EU trade to address current shortages
2022/10/25
Committee: AGRI
Dossiers: 2022/2040(INI)
Documents: PDF(133 KB) DOC(52 KB)
Authors: [{'name': 'Claude GRUFFAT', 'mepid': 204420}]

Shadow opinions (14)

OPINION on a new EU-Africa Strategy – a partnership for sustainable and inclusive development
2020/09/08
Committee: AGRI
Dossiers: 2020/2041(INI)
Documents: PDF(138 KB) DOC(71 KB)
Authors: [{'name': 'Manuel BOMPARD', 'mepid': 197521}]
OPINION on a new strategy for European SMEs
2020/09/24
Committee: AGRI
Dossiers: 2020/2131(INI)
Documents: PDF(156 KB) DOC(77 KB)
Authors: [{'name': 'Pina PICIERNO', 'mepid': 124846}]
OPINION on an intellectual property action plan to support the EU’s recovery and resilience
2021/09/10
Committee: AGRI
Dossiers: 2021/2007(INI)
Documents: PDF(143 KB) DOC(72 KB)
Authors: [{'name': 'Irène TOLLERET', 'mepid': 197547}]
OPINION on the impact of organised crime on own resources of the EU and on the misuse of EU funds with a particular focus on shared management from an auditing and control perspective
2021/10/08
Committee: AGRI
Dossiers: 2020/2221(INI)
Documents: PDF(128 KB) DOC(47 KB)
Authors: [{'name': 'Adrián VÁZQUEZ LÁZARA', 'mepid': 204400}]
OPINION on MFF 2021-2027: fight against oligarch structures, protection of EU funds from fraud and conflict of interest
2022/01/13
Committee: AGRI
Dossiers: 2020/2126(INI)
Documents: PDF(148 KB) DOC(48 KB)
Authors: [{'name': 'Attila ARA-KOVÁCS', 'mepid': 197587}]
OPINION on addressing food security in developing countries
2022/02/11
Committee: AGRI
Dossiers: 2021/2208(INI)
Documents: PDF(131 KB) DOC(49 KB)
Authors: [{'name': 'Luke Ming FLANAGAN', 'mepid': 124985}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market
2022/03/30
Committee: IMCO
Dossiers: 2021/0114(COD)
Documents: PDF(252 KB) DOC(189 KB)
Authors: [{'name': 'Christian DOLESCHAL', 'mepid': 197473}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on foreign subsidies distorting the internal market
2022/03/31
Committee: ECON
Dossiers: 2021/0114(COD)
Documents: PDF(231 KB) DOC(188 KB)
Authors: [{'name': 'Stéphanie YON-COURTIN', 'mepid': 197581}]
OPINION on the proposal for a Council directive restructuring the Union framework for the taxation of energy products and electricity (recast)
2022/05/18
Committee: AGRI
Dossiers: 2021/0213(CNS)
Documents: PDF(213 KB) DOC(175 KB)
Authors: [{'name': 'Martin HLAVÁČEK', 'mepid': 197526}]
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2021/241 as regards REPowerEU chapters in recovery and resilience plans and amending Regulation (EU) 2021/1060, Regulation (EU) 2021/2115, Directive 2003/87/EC and Decision (EU) 2015/1814
2022/10/04
Committee: AGRI
Dossiers: 2022/0164(COD)
Documents: PDF(172 KB) DOC(130 KB)
Authors: [{'name': 'Peter JAHR', 'mepid': 96772}]
OPINION on proposals of the European Parliament for the amendment of the Treaties
2023/02/02
Committee: ECON
Dossiers: 2022/2051(INL)
Documents: PDF(137 KB) DOC(50 KB)
Authors: [{'name': 'Margarida MARQUES', 'mepid': 197638}]
OPINION on the proposal for a directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937
2023/03/06
Committee: ECON
Dossiers: 2022/0051(COD)
Documents: PDF(326 KB) DOC(223 KB)
Authors: [{'name': 'René REPASI', 'mepid': 229839}]
OPINION on the implementation report on the EU-UK Trade and Cooperation Agreement
2023/07/19
Committee: ECON
Dossiers: 2022/2188(INI)
Documents: PDF(172 KB) DOC(73 KB)
Authors: [{'name': 'Frances FITZGERALD', 'mepid': 197720}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on the sustainable use of plant protection products and amending Regulation (EU) 2021/2115
2023/10/25
Committee: AGRI
Dossiers: 2022/0196(COD)
Documents: PDF(489 KB) DOC(266 KB)
Authors: [{'name': 'Clara AGUILERA', 'mepid': 125045}]

Institutional motions (16)

MOTION FOR A RESOLUTION on the arrest of Alexei Navalny in Moscow
2021/01/19
Dossiers: 2021/2513(RSP)
Documents: PDF(147 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the declaration of the EU as an LGBTIQ Freedom Zone
2021/03/03
Dossiers: 2021/2557(RSP)
Documents: PDF(175 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on the breach of the UN Convention of the Rights of the Child and the use of minors by the Moroccan authorities in the migratory crisis in Ceuta
2021/06/07
Dossiers: 2021/2747(RSP)
Documents: PDF(150 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the climate, energy and environmental State aid guidelines (CEEAG)
2021/10/19
Dossiers: 2021/2923(RSP)
Documents: PDF(151 KB) DOC(51 KB)
MOTION FOR A RESOLUTION on the rule of law crisis in Poland and the primacy of EU law
2021/10/19
Dossiers: 2021/2935(RSP)
Documents: PDF(167 KB) DOC(52 KB)
MOTION FOR A RESOLUTION the EU Protection of children and young people fleeing because of the war in Ukraine
2022/04/05
Dossiers: 2022/2618(RSP)
Documents: PDF(198 KB) DOC(60 KB)
MOTION FOR A RESOLUTION on national vetoes to undermine the global tax deal
2022/06/29
Dossiers: 2022/2734(RSP)
Documents: PDF(172 KB) DOC(53 KB)
National vetoes to undermine the global tax deal
2022/07/04
Dossiers: 2022/2734(RSP)
Documents: PDF(169 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the situation of indigenous and environmental defenders in Brazil, including the killing of Dom Phillips and Bruno Pereira
2022/07/04
Dossiers: 2022/2752(RSP)
Documents: PDF(149 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on Violations of human rights in Uganda and Tanzania linked to the investments in fossil fuels projects
2022/09/12
Dossiers: 2022/2826(RSP)
Documents: PDF(161 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on the consequences of drought, fire and other extreme weather phenomena: increasing EU’s efforts to fight climate change
2022/09/12
Dossiers: 2022/2829(RSP)
Documents: PDF(162 KB) DOC(60 KB)
MOTION FOR A RESOLUTION on Russia’s escalation of its war of aggression against Ukraine
2022/10/03
Dossiers: 2022/2851(RSP)
Documents: PDF(148 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the continuing repression of the democratic opposition and civil society in Belarus
2022/11/21
Dossiers: 2022/2956(RSP)
Documents: PDF(169 KB) DOC(50 KB)
MOTION FOR A RESOLUTION on the prospects for the two-state solution for Israel and Palestine
2022/12/09
Dossiers: 2022/2949(RSP)
Documents: PDF(153 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on the EU response to ongoing protests and executions in Iran
2023/01/16
Dossiers: 2023/2511(RSP)
Documents: PDF(150 KB) DOC(50 KB)
MOTION FOR A RESOLUTION the storming of the Brazilian democratic institutions
2023/01/16
Dossiers: 2023/2505(RSP)
Documents: PDF(137 KB) DOC(43 KB)

Oral questions (5)

Facial recognition and identification in publicly accessible spaces
2020/03/01
Documents: PDF(49 KB) DOC(10 KB)
Imminent threat to the rule of law and democracy in Bulgaria
2020/08/14
Documents: PDF(55 KB) DOC(11 KB)
An EU Commissioner for Animal Welfare
2022/01/10
Documents: PDF(56 KB) DOC(12 KB)
An EU Commissioner for Animal Welfare
2022/04/28
Documents: PDF(59 KB) DOC(12 KB)
The case of Dentsu Tracking and the Commission’s lack of transparency with regard to the tobacco industry
2023/11/29
Documents: PDF(54 KB) DOC(12 KB)

Written questions (51)

The Commission’s decision to award a contract to BlackRock to oversee the development of ESG factors in the EU banking sector and corporate investment policies
2020/04/20
Documents: PDF(49 KB) DOC(10 KB)
Introduction of border controls to stem the COVID-19 pandemic
2020/05/11
Documents: PDF(45 KB) DOC(10 KB)
CAP — Support for withdrawals, food safety and food support for the most vulnerable
2020/05/13
Documents: PDF(40 KB) DOC(9 KB)
Recruitment of Federica Mogherini as Rector of the College of Europe
2020/05/20
Documents: PDF(43 KB) DOC(10 KB)
Farm to Fork Strategy: exclusion of meat and dairy-related measures from the final roadmap
2020/06/08
Documents: PDF(46 KB) DOC(10 KB)
Audit 2019-6898 carried out by DG SANTE in Romania to evaluate animal welfare during transport by livestock vessel to non-EU countries
2020/06/09
Documents: PDF(47 KB) DOC(10 KB)
Green Deal compatibility criteria for Projects of Common Interest
2020/06/18
Documents: PDF(49 KB) DOC(10 KB)
Mandate on US trade negotiations and GMO risk assessment
2020/06/30
Documents: PDF(47 KB) DOC(18 KB)
TEN-E revision, TYNDP and 5th PCI list
2020/07/01
Documents: PDF(48 KB) DOC(10 KB)
Detailed opinion — Article 10 of the law on transparency of information on agricultural and food products (France)
2020/07/22
Documents: PDF(50 KB) DOC(10 KB)
Mass arrest of LGBTI activists in Poland
2020/09/01
Documents: PDF(58 KB) DOC(11 KB)
CETA and hormone-treated beef: ‘failures’ in checking Canadian beef imports to Europe
2020/09/24
Documents: PDF(45 KB) DOC(10 KB)
Renegotiation of the Energy Charter Treaty: alignment with the Paris Agreement before the 2021 COP and next steps envisaged by the EU
2020/10/12
Documents: PDF(49 KB) DOC(10 KB)
Energy Charter Treaty renegotiation: the EU’s position regarding fossil fuels protection, the Investor-State Dispute Settlement mechanism and public information
2020/10/12
Documents: PDF(51 KB) DOC(10 KB)
French compliance with the Natura 2000 directives
2020/11/04
Documents: PDF(45 KB) DOC(10 KB)
Health issues of people living next to large-scale animal farms
2020/11/04
Documents: PDF(44 KB) DOC(10 KB)
Crackdown on reproductive rights in Poland amid the ongoing crisis of the rule of law
2020/11/10
Documents: PDF(48 KB) DOC(10 KB)
New strains of COVID-19 and the need to put a final stop to mink farming in the EU
2020/11/13
Documents: PDF(47 KB) DOC(10 KB)
Informing consumers about food products
2020/11/18
Documents: PDF(38 KB) DOC(9 KB)
Specific hygiene rules applicable to poultry and lagomorphs slaughtered on-farm for direct supply
2020/11/27
Documents: PDF(45 KB) DOC(10 KB)
Transparency of contracts for COVID-19 vaccines
2020/12/04
Documents: PDF(53 KB) DOC(11 KB)
Cross-border EIA procedure in connection with the extended operation of nuclear reactors in the EU
2020/12/23
Documents: PDF(52 KB) DOC(10 KB)
Lack of mandatory labelling of technical enzymes in food processing
2021/02/19
Documents: PDF(47 KB) DOC(10 KB)
State of play of the Commission’s response to ‘LGBT-free zones’ in Poland
2021/03/11
Documents: PDF(53 KB) DOC(10 KB)
Ending the export of banned pesticides: concrete actions
2021/06/03
Documents: PDF(48 KB) DOC(10 KB)
Sustainability impact assessment on the trade agreement between the EU and Mercosur
2021/06/30
Documents: PDF(47 KB) DOC(10 KB)
EU data on shortfin mako shark discards in the framework of the International Commission for the Conservation of Atlantic Tunas (ICCAT)
2021/09/16
Documents: PDF(49 KB) DOC(10 KB)
Closure of border crossing points in Catalonia and in the Basque Country
2021/11/16
Documents: PDF(44 KB) DOC(10 KB)
Prosulfocarb contamination
2021/11/24
Documents: PDF(39 KB) DOC(9 KB)
Pushbacks and the deterioration of migration
2021/12/14
Documents: PDF(53 KB) DOC(11 KB)
Anti-competitive behaviour of European Retail Alliances (ERAs)
2021/12/16
Documents: PDF(44 KB) DOC(10 KB)
Assessment of the long-term carcinogenicity and toxicity of plant protection products
2022/01/06
Documents: PDF(45 KB) DOC(10 KB)
Unpaid traineeships in EU institutions
2022/02/13
Documents: PDF(52 KB) DOC(11 KB)
The exclusion of trainees in EU institutions from Erasmus grants
2022/02/13
Documents: PDF(50 KB) DOC(10 KB)
Availability and sufficiency of data on co-formulants in pesticide formulations
2022/03/04
Documents: PDF(42 KB) DOC(10 KB)
The truthfulness and relevance of the ‘zero toxic substances by 2030’ objective
2022/03/15
Documents: PDF(63 KB) DOC(11 KB)
Zero tolerance of child labour in EU trade
2022/03/17
Documents: PDF(50 KB) DOC(11 KB)
The European Banking Authority’s mandate to provide an opinion on the definition of and possible supporting tools for green retail loans and green mortgages
2022/04/08
Documents: PDF(41 KB) DOC(10 KB)
Ending the harmful exposure of children to unhealthy food marketing
2022/05/16
Documents: PDF(49 KB) DOC(10 KB)
Ongoing closure of border crossing points in Catalonia and the Basque Country
2022/09/13
Documents: PDF(45 KB) DOC(11 KB)
The Commission’s stance on banning live-bait fishing
2022/11/14
Documents: PDF(46 KB) DOC(10 KB)
Compliance of the toxicity assessment of representative formulations with Regulation (EC) No 1107/2009
2022/12/16
Documents: PDF(50 KB) DOC(10 KB)
Update since the answer to parliamentary question E-003240/2021: including externalities, are organic food products more expensive than conventional ones?
2023/01/16
Documents: PDF(54 KB) DOC(10 KB)
Debt Equity Bias Reduction Allowance (DEBRA) – Tax revenue losses per Member State
2023/03/03
Documents: PDF(39 KB) DOC(9 KB)
The humanitarian crisis of the Yanomami in the Amazon
2023/03/13
Documents: PDF(47 KB) DOC(10 KB)
Apple’s circumvention of the common charger directive
2023/03/27
Documents: PDF(48 KB) DOC(10 KB)
An effective minimum capital gains tax in the EU
2023/03/27
Documents: PDF(41 KB) DOC(9 KB)
Milk market situation and the voluntary volume reduction scheme
2023/05/04
Documents: PDF(45 KB) DOC(9 KB)
Costs to citizens of different agricultural production methods
2023/07/19
Documents: PDF(44 KB) DOC(10 KB)
Call to strengthen the European food aid support programme
2023/09/26
Documents: PDF(54 KB) DOC(10 KB)
Alternative methodologies that take better account of biodiversity than the Product Environmental Footprint (PEF) in relation to green claims
2023/12/06
Documents: PDF(39 KB) DOC(9 KB)

Individual motions (2)

MOTION FOR A RESOLUTION on the review of the Financial Regulation and the Commission’s guidelines on public procurement for policy-related service contracts
2021/06/04
Documents: PDF(134 KB) DOC(45 KB)
Motion for a resolution on upholding the fundamental right to protest and strictly regulating the legitimate use of law enforcement
2023/03/28
Documents: PDF(131 KB) DOC(39 KB)

Amendments (1875)

Amendment 2 #

2023/2077(INI)

Motion for a resolution
Citation 5 a (new)
– having regard to Regulation (EU) 2021/1119 of the European Parliament and of the Council which sets the target of economy-wide climate neutrality by 2050 and establishes a binding Union reduction commitment of GHG emissions of at least 55 per cent below 1990 levels by 2030,
2023/11/07
Committee: ECON
Amendment 3 #

2023/2077(INI)

Motion for a resolution
Citation 5 b (new)
– having regard to the Commission revised Guidelines on State aid to promote risk finance investments published on 6 December 2021,
2023/11/07
Committee: ECON
Amendment 14 #

2023/2077(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas full coherence between the Union’s policy goals in the framework of the Green Deal, the Paris Agreement and the UN Sustainable Development Goals on the one hand and competition rules on the other is necessary;
2023/11/07
Committee: ECON
Amendment 17 #

2023/2077(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas European dependencies on third countries and global powers in areas such as energy, medicines, technology or raw materials create vulnerabilities and could reduce the European Union´s ability to act;
2023/11/07
Committee: ECON
Amendment 20 #

2023/2077(INI)

Motion for a resolution
Recital C b (new)
Cb. whereas the COVID-19 pandemic, the energy crisis and the Russian aggression against Ukraine have tested the resilience of economies worldwide and exacerbated the relevance of resilience as a critical feature of competitiveness beyond a mere understanding of competitiveness in terms of price and cost;
2023/11/07
Committee: ECON
Amendment 26 #

2023/2077(INI)

Motion for a resolution
Paragraph 1
1. Calls on the Commission to safeguard the integrity of the single market; recalls that the response to the US Inflation Reduction Act must not be solely based on use of State aid, but also on a renewed competition framework, providing speed and flexibility for companies investing and competing fairly in Europe while complying with the EU climate goals ;
2023/11/07
Committee: ECON
Amendment 30 #

2023/2077(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Stresses that the US Inflation Reduction Act uses local content requirements as a condition for allocating additional tax credits; calls on the Commission to closely monitor the effect of these clauses on supply chains and jobs on both sides of the Atlantic; is of the opinion that trade rules should allow for local content requirements when beneficial to the green industrial transition as well as to combat climate change;
2023/11/07
Committee: ECON
Amendment 31 #

2023/2077(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Considers that the treaty-based competition rules must be interpreted in light of the wider European principles underpinning the Union’s social market economy, notably environmental and social protection, equality considerations, consumer protection and public health, as mandated by Article 7 TFEU; takes the view, therefore, that activities which cause negative social and environmental externalities create market distortions that need to be addressed by means of competition law while, conversely, activities which bring social or environmental benefits should be explicitly taken into account when assessing treaty-based competition provisions;
2023/11/07
Committee: ECON
Amendment 34 #

2023/2077(INI)

Motion for a resolution
Paragraph 2
2. Takes note of the Temporary Crisis and Transition Framework (TCTF), as well as of the update of the State aid rulebook that allows investments for the green and digital transitions; welcomes the 2023 review of the TCTF to introduce the ‘matching clause’ and avoid a race towards subsidies; stresses that a very large share of the State aid commitments under the Temporary Crisis Framework originated from a limited number of Member States; warns of the different fiscal capacity of Member States to provide aid and of the very real risk of unfair competition and consequent fragmentation of the single market;
2023/11/07
Committee: ECON
Amendment 38 #

2023/2077(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. Recalls the imperative to ensure that any State aid support is aligned with the European 2030 climate and energy targets and complies with the energy efficiency first principle; stresses that any increased flexibility on State aid rules to support sustainable activities should be accompanied by a tightening of these rules to prevent State aid going to environmentally harmful activities;
2023/11/07
Committee: ECON
Amendment 39 #

2023/2077(INI)

Motion for a resolution
Paragraph 2 c (new)
2c. Underlines the unprecedented amounts of aid approved under the Covid and Temporary Crisis Framework; stresses that both frameworks do not preclude solvency support of failing undertakings leading to an extensive bailout of the entire corporate sector through the use of public resources; regrets that such support has not been accompanied by conditions at EU level, that would ensure taxpayer’s participation in the upside, including issuance of preferred shares with warrants, dividend restrictions, bans of shares buybacks nor requirements that would promote the environmental viability of companies such as energy efficiency, renewable energy usage and virgin material reduction targets;
2023/11/07
Committee: ECON
Amendment 44 #

2023/2077(INI)

Motion for a resolution
Paragraph 3
3. Stresses that additional public and private investment will be needed to face new challenges; underlines that a European Sovereignty Fund financed by additional fresh money will address the fragmentation of the internal market, support the EU’s industrial strategy, reduce our critical dependencies and ensure our open strategic autonomy while complying with the EU climate goals ;
2023/11/07
Committee: ECON
Amendment 96 #

2023/2077(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Is deeply alarmed by the far reaching concentration of the food supply chain, whereby four companies, all with close financial ties, own and sell up to 60% of the global seed market and 75% of global pesticides, to the detriment of consumers, farmers, the environment and biodiversity alike; points out that such an oligopoly will make farmers even more technologically and economically dependent on a few globally integrated one-stop-shop platforms, produce limited seed diversity, re-direct trends in innovation away from the adoption of a production model which is respectful of the environment and biodiversity and ultimately, as a result of reduced competition, generate less innovation;
2023/11/07
Committee: ECON
Amendment 102 #

2023/2077(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Considers that the jurisdictional thresholds setting the starting point for an EU merger review, which are based on the turnovers of the target and acquiring entities, are not appropriate for the digital economy, in which value is often, for advertising purposes, represented by the number of visitors to a website; suggests that these thresholds be revised and adapted to the number of consumers impacted by mergers and the value of the related transactions;
2023/11/07
Committee: ECON
Amendment 104 #

2023/2077(INI)

Motion for a resolution
Paragraph 10 c (new)
10c. Calls on the European Commission, when assessing whether mergers lead to a significant impediment of effective competition (SIEC) to refrain from employing a narrowly designed substantive test that merely focuses on the effects of a merger on prices, output and innovation; supports instead that the Commission should consider the full social costs of such transactions, taking into account the broader impact of these mergers on environmental protection, as it is obliged to do by virtue of Article 11 TFEU, and the international obligations on biodiversity to which EU Member States and the EU should abide to;
2023/11/07
Committee: ECON
Amendment 105 #

2023/2077(INI)

Motion for a resolution
Paragraph 10 d (new)
10d. Asks the Commission to come forward with a revision of the EC Merger Regulation, so that it may be vested with the powers, as much as a number of Member States are at present, to adopt measures to protect the European public order and the rights and principles of the TFEU and EU Charter of Fundamental Rights, including environmental protection;
2023/11/07
Committee: ECON
Amendment 132 #

2023/2077(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Points out that even when products or services are supplied for free, consumers may still have to endure unjust behaviour, such as a degradation in quality or extortive practices; calls therefore for the formulation of a 'theory of harm', which should transcend price- centric approaches and account for broader considerations such as the impact on citizens’ privacy;
2023/11/07
Committee: ECON
Amendment 170 #

2023/2077(INI)

Motion for a resolution
Subheading 6 a (new)
Sectoral policies
2023/11/07
Committee: ECON
Amendment 171 #

2023/2077(INI)

Motion for a resolution
Subheading 6 b (new)
Tax policies and competition
2023/11/07
Committee: ECON
Amendment 175 #

2023/2077(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Stresses that EU competition rules shall contribute to the Union’s objective as defined in Article 3 TEU; considers that competition rules have a key role in ensuring full employment, social progress and the protection of the environment and biodiversity; stresses that the ‘fair price’ of products is not the lowest price possible for the consumer, but a price that allows for the fair remuneration of all parties along the supply chain, while not resulting in negative externalities;
2023/11/07
Committee: ECON
Amendment 178 #

2023/2077(INI)

Motion for a resolution
Paragraph 21 b (new)
21b. Underlines that in the aftermath of the financial crisis (2008 -2009), aid of more than one trillion EUR was granted to the banking sector in the form of credit guarantees and capital injections accounting together with other measures (including impaired asset schemes and liquidity measures) for nearly 12% of the EU GDP; is concerned by the conclusion of the ECA that in the years after the financial crisis, the EU banking sector remained an important beneficiary of State aid, despite the EU’s proclaimed intentions to prevent bank bailouts (in the period from 2010 to 2018 EUR 716 billion and EUR 1,763 trillion aid was approved by the Commission in the form of capital and liquidity aid instruments respectively);
2023/11/07
Committee: ECON
Amendment 179 #

2023/2077(INI)

Motion for a resolution
Paragraph 21 c (new)
21c. Points to the discrepancies and arbitrage opportunities between the rules on State aid and the resolution regime under the Bank Recovery and Resolution Directive (BRRD); urges the Commission, to reconsider its interpretation of the relevant State aid rules in a manner consistent with the BRRD and to revise its long overdue 2013 Banking Communication, including the area of liquidation aid;
2023/11/07
Committee: ECON
Amendment 180 #

2023/2077(INI)

Motion for a resolution
Paragraph 21 d (new)
21d. Reiterates its request for the Commission to examine whether banking institutions have, since the onset of the crisis, benefited from implicit subsidies and State aid through the provision of liquidity support from central banks; recalls the commitment made by Commissioner Vestager to reflect on possible distortions of competition arising from the ECB’s Corporate Sector Purchase Programme and to report back with a qualitative answer;
2023/11/07
Committee: ECON
Amendment 181 #

2023/2077(INI)

Motion for a resolution
Paragraph 21 e (new)
21e. Warns against a harmful, untargeted subsidy race in the European Union benefitting solely large companies and their shareholders; warns more in particular against an accelerated aggressive tax competition through tax credits; calls on the EU to develop rules defining harmful tax credits; emphasises that tax credits should not serve the sole purpose of lowering the tax burden of large companies at the expense of public coffers and undermining the global minimum tax;
2023/11/07
Committee: ECON
Amendment 182 #

2023/2077(INI)

Motion for a resolution
Paragraph 21 f (new)
21f. Emphasises that tax incentives should not blindly mirror schemes under the US Inflation Reduction Act, but aim at attracting real investments, meaning supporting the expansion or creation of new capacity rather than the subsidisation of existing production; notes with concern that a significant amount of government funding is already channelled through ineffective tax expenditure in the form of exemptions, deductions, credits, deferrals and reduced tax rates; urges Member States to carefully design tax incentives so that the benefits to society outweigh the costs for public coffers; calls on Member States to perform annual, detailed and public cost-benefit analyses of each tax provision;
2023/11/07
Committee: ECON
Amendment 183 #

2023/2077(INI)

Motion for a resolution
Paragraph 21 g (new)
21g. Reiterates that taxation is sometimes used to grant indirect State aid, creating an uneven playing field in the internal market; calls on the Commission to review its tax State aid rules to assess whether tax advantages, such as tax exemptions or tax credits, do distort competition; calls on the Commission to look into the possibility to fine countries found in breach of EU State aid rules; encourages the Commission to pursue its investigations into Member States’ tax ruling practices;
2023/11/07
Committee: ECON
Amendment 184 #

2023/2077(INI)

Motion for a resolution
Paragraph 21 h (new)
21h. Regrets that some multinationals still adopt aggressive and harmful tax practices, recalls that tax advantages targeted at large companies may stifle innovation and jeopardise the contestability of markets, especially for SMEs;
2023/11/07
Committee: ECON
Amendment 185 #

2023/2077(INI)

Motion for a resolution
Paragraph 21 i (new)
21i. Calls for the reinforcement of a conducive framework by phasing out tax exemptions and subsidies for fossil fuels no later than 2025, by preventing investment in new infrastructure incompatible with the Paris agreement and in particular investment in any new fossil fuel infrastructure, and by tightening regulatory framework on GHG emissions via regulatory standards, bans and market mechanisms towards climate neutrality by 2040 at the latest; calls on the Council to finally agree on the needed revision of the Energy Taxation Directive; highlights Member States’ subsidies for fossil fuels amount to over EUR 55 billion per year;
2023/11/07
Committee: ECON
Amendment 26 #

2023/0323(COD)

Proposal for a regulation
Recital 2
(2) Many payments in commercial transactions between economic operators or between economic operators and public authorities are made later than agreed in the contract or laid down in the general commercial conditions or by law, although the goods are delivered or the services provided.
2023/12/18
Committee: IMCO
Amendment 27 #

2023/0323(COD)

Proposal for a regulation
Recital 3
(3) Late payments and deferred payments beyond the periods established by law directly affect liquidity and predictability of cash flows, thus increasing working capital needs and compromising a company’s access to external financingprofitability, when the creditor needs to obtain external financing because of late payment. This affects competitiveness, reduces productivity and hiring, leads to redundancies, increases the likelihood of insolvencies and bankruptcies and is a critical barrier for growth, also considering that inflation reduces the real value of credits over time. The damaging effects of late payments spread along supply chains, as the payment delay is often passed onto suppliers. Small and medium sized enterprises (SMEs), who rely on regular and predictable streams of cash, are heavily affected by those negative consequences. Late payment thus represents a problem for the Union economy because of its negative economic and social consequences. The risk of such negative effects strongly increases in periods of economic downturn when access to financing is more difficult.
2023/12/18
Committee: IMCO
Amendment 32 #

2023/0323(COD)

Proposal for a regulation
Recital 6
(6) Directive 2011/7/EU of the European Parliament and of the Council40 lays down rules to combat late payment in commercial transactions. In 2019, the European Parliament identified several shortcomings of that Directive. The SME Strategy for a sustainable and digital Europe41 called for ensuring a ‘late- payment-free’ environment for SMEs and strengthening the enforcement of Directive 2011/7/EU. In 2021, the Fit for Future Platform highlighted critical issues in the implementation of that Directive in its opinion. The main shortcomings identified in these initiatives are related to: the ambiguous provisions on ‘grossly unfair’ regarding the deadlines for payment in business to business transactions (B2B), the unfair payment practices and the deadlines for the procedures of acceptance and verification; the flat fee compensation; the asymmetry of rules for payments terms between G2B and B2B transactions; the asymmetries in bargaining power between large and more powerful debtors and small creditors; the lack of a maximum payment term for commercial transactions in B2B transactions; the lack of monitoring of compliance and enforcement; the absence of tools to combat the asymmetries of information; as well as tools for creditors to take action against their debtors, and the lack of synergies with the public procurement framework. __________________ 40 Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (OJ L 48, 23.2.2011, p. 1). 41 COM (2020) 103 final.
2023/12/18
Committee: IMCO
Amendment 39 #

2023/0323(COD)

Proposal for a regulation
Recital 10
(10) Transactions with consumers, payments made as compensation for damages, including payments from insurance companies, interests in connection with other payments, for instance payments under the laws on cheques and bills of exchange, and obligations to pay that can be cancelled, postponed, or waived under or in relation to insolvency proceedings or restructuring proceedings, including preventive restructuring proceedings under Directive (EU) 2019/102342 of the European Parliament and of the Council, should be excluded from the scope of this Regulation. __________________ 42 Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (OJ L 172, 26.6.2019, p. 18).
2023/12/18
Committee: IMCO
Amendment 42 #

2023/0323(COD)

Proposal for a regulation
Recital 11
(11) Late payment constitutes a breach of contract which is financially attractive to debtors, due to low or no interest rates charged on late payment, or slow procedures for redress. A decisive shift to a culture of prompt payment, including one in which the exclusion of the right to charge interest for late payment is null and void, is necessary to reverse this trend and to discourage late payment. Consequently, contractual payment periods should be limited to 30 calendar days both in B2B transactions and G2B transactions, where the public authority is the debtor. This shift is also needed to limit the so-called ‘fear factor’ that micro and small undertakings suffer when they have a credit with bigger companies and that often brings such creditors to tolerate late payment against the promise of future business.
2023/12/18
Committee: IMCO
Amendment 47 #

2023/0323(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) National laws already provide flexibility for debtors, since the allowed time period between the receipt of the goods and services and the receipt of the invoice varies across Member States. Therefore, such a time period allows debtors to have more than 30 calendar days to pay their creditors from the moment they receive the goods or services and consequently from the moment they can use or sell such goods or services. In case where micro, small and medium undertakings are the debtors, this time period allows them to have more flexibility, in particular when dealing with slow moving goods or with goods that have a low turnover rate. However, where the creditors are micro-undertakings and the debtors are large undertakings, the asymmetry of bargaining power can bring about a significant extension of this time period in order to delay the final payment. To avoid this possibility and to allow micro-undertakings to be factually paid within 30 days by large undertakings, micro-undertakings should provide the invoice together with the goods and services.
2023/12/18
Committee: IMCO
Amendment 54 #

2023/0323(COD)

Proposal for a regulation
Recital 12
(12) The procedures of acceptance or verification for ascertaining the conformity of the goods or services provided with the requirements of the contract, as well as verification of the correctness and conformity of the invoice, are often used to delay intentionally the payment period. Their inclusion in the contract should therefore be objectively justified by the particular nature of the contract in question or by certain of its characteristics43 that would require an extensive and detailed verification. It should therefore be possible to provide for such procedure of verification or acceptance in a contract only when provided for in the national law of the Member State in which the creditor is established where necessary, due to the specific nature of the goods or services. To avoid that the procedure of acceptance or verification is used to extend the payment period, the contract should clearly describe the details of such procedure, including its duration. For the same purpose, the debtor should initiate the verification or acceptance procedure immediately upon reception from the creditor of the goods and/or the services that are the object of the commercial transaction, regardless of whether the creditor has issued an invoice or equivalent request for payment. In order not to jeopardise the achievement of the objectives of this Regulation, it is appropriate to set a maximum duration of a procedure of acceptance or verification. __________________ 43 Judgment of 20 October 2022, BFF Finance Iberia SAU v Gerencia Regional de Salud de la Junta de Castilla y León (OJ C 53, 15.2.2021, p. 19) C585/20, EU:C:2022:806, paragraph 53.
2023/12/18
Committee: IMCO
Amendment 62 #

2023/0323(COD)

Proposal for a regulation
Recital 14
(14) Public procurement can play a significant role in improving payment performance. Enhanced synergies should therefore be put in place between public procurement policies and rules and prompt payment objectives. Particularly introducing effective measures to discourage not only late payment by public authorities, but also the awarding of contracts to companies that do not pay on time and in the manner prescribed by this Regulation. Furthermore, in public construction works, subcontractors are often not paid on time by the main contractor, even when the contracting authorities or contracting entities have made the contractual payments to them, thus potentially creating a damaging domino-effect in the supply chain. It is therefore appropriate that contractors provide evidence to contracting authorities and contracting entities of payments to their direct subcontractors.
2023/12/18
Committee: IMCO
Amendment 70 #

2023/0323(COD)

Proposal for a regulation
Recital 22
(22) To enhance the efforts to prevent the abuse of freedom of contract to the detriment of creditors, organisations officially recognised as representing creditors or organisations with a legitimate interest in representing undertakings should be able to take action before national courts or administrative bodies in order to prevent late payments and to end null and void contractual terms and practices.
2023/12/18
Committee: IMCO
Amendment 72 #

2023/0323(COD)

Proposal for a regulation
Recital 23
(23) To guarantee full payment of the amount due, it is important to ensure that the seller as a creditor retains the title to goods until they are fully paid for, if a retention of title has been expressly agreed between the buyer and the selles a debtor and the seller as a creditor before the delivery of the goods.
2023/12/18
Committee: IMCO
Amendment 74 #

2023/0323(COD)

Proposal for a regulation
Recital 24
(24) To ensure correct application of this Regulation, it is important to provide transparency regarding the rights and obligations as laid down by this Regulation. To ensure that the correct rates of interest are applied, it is important that they are made public by the Member States and the Commission. In order to contribute to the achievement of the objective of this Regulation, Member States should increase awareness of the remedies for late payment among undertakings through publications and campaigns and should foster the spread of good practices, including by encouraging the publication of a list of prompt payers.
2023/12/18
Committee: IMCO
Amendment 76 #

2023/0323(COD)

Proposal for a regulation
Recital 25
(25) The sanctions for late payment can be dissuasive only if they are accompanied by procedures for redress which are rapid and effective for the creditor. Expedient recovery procedures for unchallenged claims should therefore be available to all creditors who are established in the Union, in accordance with the principle of non- discrimination set out in Article 18 of the Treaty on the Functioning of the European Union.
2023/12/18
Committee: IMCO
Amendment 81 #

2023/0323(COD)

Proposal for a regulation
Recital 28
(28) Invoices trigger requests for payment and are important documents in the chain of transactions for the supply of goods and services, inter alia, for determining payment deadlines. It is important to promote systems that give legal certainty as regards the exact date of receipt of invoices by the debtors, including in the field of e-invoicing where the receipt of invoices could generate electronic evidence and can also help improving compliance with VAT obligations, and which is partly governed by the provisions on invoicing contained in Council Directive 2006/112/EC49 and Directive 2014/55/EC50 of the European Parliament and the Council. __________________ 49 Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1). 50 Directive 2014/55/EU of the European Parliament and of the Council of 16 April 2014 on electronic invoicing in public procurement (OJ L 133, 6.5.2014, p. 1).
2023/12/18
Committee: IMCO
Amendment 84 #

2023/0323(COD)

Proposal for a regulation
Recital 29
(29) Effective access of undertakings, especially of SMEs, to credit management and financial literacy training can have a significant impact in reducing payment delays, maintaining optimal cash flows, reducing the risk of default and increasing the potential for growth. Nevertheless, SMEs often lack the capacity to invest in such training, while very limited trainings and training material focusing on enhancing SMEs’ knowledge of credit and invoice management are currently available. It is therefore appropriate to provide that Member States need to ensure that credit management and financial literacy trainings are available and accessible to SMEs, including on the use of digital tools for timely payments. To this end, Member States should guarantee adequate resources to these measures by allocating a portion of sanctions collected by enforcement authorities for breaches of this Regulation.
2023/12/18
Committee: IMCO
Amendment 96 #

2023/0323(COD)

Proposal for a regulation
Article 1 – title
Subject matter and scope
2023/12/18
Committee: IMCO
Amendment 97 #

2023/0323(COD)

Proposal for a regulation
Article 1 – paragraph -1 (new)
-1. The aim of this Regulation is to combat late payment in commercial transactions, in order to ensure the proper functioning of the internal market, thereby fostering the competitiveness of undertakings and in particular of micro- enterprises and SMEs.
2023/12/18
Committee: IMCO
Amendment 113 #

2023/0323(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
(-1) ‘commercial transactions’ means transactions between undertakings or between undertakings and public authorities which lead to the delivery of goods or the provision of services for remuneration;
2023/12/18
Committee: IMCO
Amendment 127 #

2023/0323(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
(8) ‘debtor‘ means any natural or legal person or any public authority that owes a payment beyond the payment period set out in Article 3 for a good delivered or a service provided;
2023/12/18
Committee: IMCO
Amendment 128 #

2023/0323(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 9
(9) ‘creditor‘ means any natural or legal person or any public authority that delivered goods to a debtor or provided serviceshas not received a payment within the payment period set out in Article 3 for a good delivered or a service provided to a debtor.
2023/12/18
Committee: IMCO
Amendment 165 #

2023/0323(COD)

Proposal for a regulation
Article 3 – paragraph 1 a (new)
1a. Without prejudice to paragraph 1, micro-undertakings, which provide goods or services to undertakings that do not fall under the definition of micro, small, and medium-sized enterprises as defined in the Commission Recommendation 2003/361/EC, shall send the invoice together with the goods or services.
2023/12/18
Committee: IMCO
Amendment 191 #

2023/0323(COD)

Proposal for a regulation
Article 3 – paragraph 4 a (new)
4a. Member States shall ensure that an undertaking which is a creditor within the meaning of Article 2(9) is able to obtain upon request to the public authority which has not paid the amount due within the maximum payment period set out in paragraph 1, the offsetting of the amount due against any outstanding amount that the creditor has towards the same public authority.
2023/12/18
Committee: IMCO
Amendment 209 #

2023/0323(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU, and 2009/81/EC56 of the European Parliament and of the Council, contractors shall provide evidence to contracting authorities or contracting entities within the meaning of those Directives that, where applicable, they have paid their direct subcontractors involved in the execution of the contract within the deadlines set out in Article 3 of this Regulation and under the conditions set out in this Regulation. The evidence mayshall take the form of a written declaration by the contractor, which includes an official document stating the date of receipt of payment by the subcontractor and shall be provided by the contractor to the contracting authority or contracting entity prior to, or at the latest together with, any request for payment. to the contracting authority or contracting entity. __________________ 56 Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC.
2023/12/18
Committee: IMCO
Amendment 217 #

2023/0323(COD)

Proposal for a regulation
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure that, for public works contracts referred to in paragraph 1, contracting authorities include in the contract notice a demerit criterion for undertakings to which measures referred to in Article 14(1)(d) have been addressed and which have not been challenged within the time limits laid down by relevant legislation or upheld by judicial or administrative review.
2023/12/18
Committee: IMCO
Amendment 220 #

2023/0323(COD)

Proposal for a regulation
Article 4 – paragraph 2 b (new)
2b. For public works contracts falling within the scope of Directives 2014/23/EU, 2014/24/EU, 2014/25/EU and 2009/81/EC, Member States shall ensure that an undertaking which is a creditor within the meaning of Article 2(9) is able to obtain, upon request to the contracting authority which has not paid the amount due within the maximum payment period set out in Article 3 (1), the offsetting of the amount due against any outstanding amount that the creditor has towards the same public authority.
2023/12/18
Committee: IMCO
Amendment 226 #

2023/0323(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. In case of late payment, the debtor shall be liable to pay interest for late payment to the creditor, except where the debtor is not responsible for the payment delay.
2023/12/15
Committee: IMCO
Amendment 244 #

2023/0323(COD)

Proposal for a regulation
Article 5 – paragraph 6 – introductory part
6. Where the conditions set out in paragraph 2 are satisfied, interest for late payment shall start accruing from30 days after the last one of the following events:
2023/12/15
Committee: IMCO
Amendment 254 #

2023/0323(COD)

Proposal for a regulation
Article 6 – paragraph 3 a (new)
3a. In case of transborder operations, the reference rate shall be the rate set by the national central bank in which the creditor is established.
2023/12/15
Committee: IMCO
Amendment 277 #

2023/0323(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
(da) using means of payment altering payment terms.
2023/12/15
Committee: IMCO
Amendment 286 #

2023/0323(COD)

Proposal for a regulation
Article 10 – paragraph 1
A creditor shall retain title to any goods until they areit is fully paid for if a retention of title has been expressly agreed between the debtor and the creditor before the delivery of the goods. In case of contracts in which a retention of title has been expressly agreed, such as consignment agreements, the payment period laid down in Article 3 (1) shall start from the date of the receipt of the invoice or an equivalent request for payment by the supplier of goods, provided that the title to such goods has already been transferred to the debtor.
2023/12/15
Committee: IMCO
Amendment 288 #

2023/0323(COD)

Proposal for a regulation
Article 11 – title
Transparency and awareness raising
2023/12/15
Committee: IMCO
Amendment 292 #

2023/0323(COD)

Proposal for a regulation
Article 11 – paragraph 2 a (new)
2a. Member States shall, where appropriate, use professional publications, promotion campaigns or any other functional means to increase awareness of the remedies for late payment among undertakings.
2023/12/15
Committee: IMCO
Amendment 313 #

2023/0323(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
1a. Enforcement authorities shall be independent from public authorities involved in public procurement procedures.
2023/12/15
Committee: IMCO
Amendment 316 #

2023/0323(COD)

Proposal for a regulation
Article 13 – paragraph 1 b (new)
1b. Member States shall notify the Commission, without undue delay, of the enforcement authorities designated under paragraph 1. The Commission can require the Member States to prove the independency of such enforcement authorities.
2023/12/15
Committee: IMCO
Amendment 324 #

2023/0323(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. Enforcement authorities shall cooperate effectively with each other and with the Commission and shall provide each other with mutual assistance in investigations that have a cross-border dimension. The Commission shall supervise the effective cooperation of the enforcement authorities.
2023/12/15
Committee: IMCO
Amendment 329 #

2023/0323(COD)

Proposal for a regulation
Article 13 – paragraph 4
4. Enforcement authorities shall coordinate their activities with other authorities responsible for enforcing other Union or national legislation including through exchange of information obligations, as well as with those authorities responsible for the allocation of public funds in order not to grant such funds to undertakings which are not in conformity with the maximum payment period set out in Article 3.
2023/12/15
Committee: IMCO
Amendment 335 #

2023/0323(COD)

Proposal for a regulation
Article 13 – paragraph 5 a (new)
5a. Every 2 years, Member States shall submit a report to the Commission specifying the actions carried out in relation to Article 14 (1) and the details of the penalties applied as set out in Article 14 (2).The Commission shall send the report to the EU Payment Observatory and to the EU SME Envoy.
2023/12/15
Committee: IMCO
Amendment 342 #

2023/0323(COD)

Proposal for a regulation
Article 14 – paragraph 1 – introductory part
1. Enforcement authorities shall have the necessary human, financial and technical resources and expertise to perform their duties in an effective manner, and shall have the following powers:
2023/12/15
Committee: IMCO
Amendment 352 #

2023/0323(COD)

Proposal for a regulation
Article 14 – paragraph 2 a (new)
2a. Member States shall ensure that an adequate portion of the penalties collected by the enforcement authorities contributes to the financing of the measures referred to in Article 17 of this Regulation.
2023/12/15
Committee: IMCO
Amendment 354 #

2023/0323(COD)

Proposal for a regulation
Article 14 a (new)
Article 14a Reporting obligations 1. Public authorities and undertakings that do not fall under the definition of micro, small and medium-sized enterprises as defined in Recommendation 2003/361/EC shall report on a yearly basis on their payment practices. Member States shall transmit their data to the EU Payment Observatory. 2. Reporting obligation referred to in paragraph 1 shall contain, at least: (a) the amount, in EUR, of invoices paid; (b) the amount, in EUR, of invoices received; (c) the average time to pay an invoice. 3. The report referred to paragraph 1 shall be submitted by the undertakings referred to in paragraph 1 to the enforcement authorities referred to in Article 13 and be accessible to the public.
2023/12/15
Committee: IMCO
Amendment 360 #

2023/0323(COD)

Proposal for a regulation
Article 15 – paragraph 1 a (new)
1a. By ... [OP: 12 months after the entry into force of this Regulation], the Commission shall provide Member States with templates allowing undertakings to submit complaints. Member States shall make such templates available to the organisations representing undertakings and to the enforcement authorities, which shall ensure that the templates are easily accessible to undertakings, in particular to micro-undertakings and SMEs.
2023/12/15
Committee: IMCO
Amendment 382 #

2023/0323(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Member States shall ensure that credit management tools and, financial literacy trainings and any other initiatives that tackle late payment are available and accessible to small and medium sized enterprises, including on the use of digital tools for timely payments.
2023/12/15
Committee: IMCO
Amendment 391 #

2023/0323(COD)

Proposal for a regulation
Article 18 – paragraph 1
By [OP: please insert the date = 43 years after the entry into force of this Regulation], the Commission shall submit a report on the implementation of this Regulation to the European Parliament and the Council and every 3 years thereafter. The report shall assess the impact of this Regulation on specific sectors, in particular in sectors where goods have a low turnover rate, and it shall assess the impact on business models, in particular on the contractual agreements based on the retention of title.
2023/12/15
Committee: IMCO
Amendment 398 #

2023/0323(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
However, from [the date of application of this Regulation] until [24 months after the entry into force of this Regulation], it shall continue to apply to the situations where micro-undertakings referred to in Article 2(3) of the Annex to Recommendation 2003/361/EC are debtors.
2023/12/15
Committee: IMCO
Amendment 90 #

2023/0321(CNS)

Proposal for a directive
Recital 5
(5) The environment for doing business in the internal market should be made more attractive with the aim to stimulate growth and investment in the Union. For this purpose, the enactment of a common framework of corporate tax rules should be prioritised, in order to make it easier for businesses to comply with such rules when they operate across borders and also to encourage those who wish to further expand abroad to do so. A single set of corporate tax rules for international activity is expected to result in enhanced tax certainty and less tax disputes, as it would tackle distortions and decrease the number of cases of double and over-taxation. Furthermore, as tax revenue sustainability is key to(non) taxation. Harmonisation of rules also implies less opportunities to abuse some specific national tax provisions in a pan- European context. With an allocation of the taxable base, which is based on two factors the common framework of corporate tax rules will mitigate tax avoidance and aggressive tax planning. Due to the critical importance of sustainable tax revenue for Member States' budgets, including to invest in infrastructure, research and development and to deliver public services, it would be critical to ensure for the futment in the digital, green and social transitions, in research and development and for the provision of public services, especially for the most vulnerable households, it is essential to ensure that the allocharmonisation of revenues is performed in accordance with a tool based on solid parameters that cannot be abusedprofit determination rules in the Union will not lead to lower effective tax rates and lower revenues for Member States.
2024/01/18
Committee: ECON
Amendment 98 #

2023/0321(CNS)

Proposal for a directive
Recital 7
(7) Although the threshold would be determined on the basis of the combined revenues of the group on a global basis, the remit of the provisions should be limited to members of the group operating on the internal market as Union law only applies within the Union and does not bind non- Member States. Only the Union sub-set of such a group should therefore be captured. This would include companies which are resident for tax purposes in a Member State and their permanent establishments, including a significant economic presence, operating in a Member State as well as the permanent establishments in the Union of third country companies of the same group. Considering that the concept of a permanent establishment is dealt with within bilateral tax treaties and national law and although the definition features some common principles, there is still a degree of divergence worldwide. Consequently, it would be a pragmatic approach to rely on the existing double taxation treaties and national rules of the Member States, rather than attempt full harmonisation through secondary Union law.
2024/01/18
Committee: ECON
Amendment 103 #

2023/0321(CNS)

Proposal for a directive
Recital 8 a (new)
(8a) This Directive also lays down rules extending the concept of a permanent establishment, as to include a significant economic presence through which a business is wholly or partly carried on. The underlying objective is to improve the resilience of the internal market as a whole in order to address the challenges of taxation of the digitalised economy. The increased importance of services, accelerated by the digitalisation of the economy, has led to recent proposals, as embedded in the OECD/G20 Pillar One proposal, to define a ‘significant economic presence’ as a taxable nexus based on a purely quantitative threshold of sales in any given country in order to capture all sectors and ensure simplicity. This objective cannot be sufficiently achieved by the Member States acting individually because digital businesses are able to operate cross-border without having any physical presence in a jurisdiction and rules are therefore needed to ensure that they pay taxes in the jurisdictions where they make profits, by providing services or selling products (henceforth "sales")
2024/01/18
Committee: ECON
Amendment 104 #

2023/0321(CNS)

Proposal for a directive
Recital 8 b (new)
(8b) In order to provide for a robust definition of a taxable nexus of a business in a Member State whether the business is digital or not, it is necessary that such a definition is based on the revenues from any sales, including from the supplied digitalised services. The definition included in this Directive is equal to definition agreed in the framework of the OECD/G20 Pillar One proposal. This is to ensure coherence between the Directive and the international framework. The Union should lead by example in international tax reform to provide certainty to tax payers.
2024/01/18
Committee: ECON
Amendment 108 #

2023/0321(CNS)

Proposal for a directive
Recital 10 a (new)
(10a) A fair taxation of passive income such as interest is required. It is therefore appropriate to lay down an interest limitation rule applicable to BEFIT group members in such a way as to reduce the debt-equity bias that can occur via an over-reliance to intra-group debt financing and to reduce the scope for base erosion and profit shifting through excessive interest payments.
2024/01/18
Committee: ECON
Amendment 111 #

2023/0321(CNS)

Proposal for a directive
Recital 10 b (new)
(10b) To guarantee a minimal level of taxation of royalties, a royalties limitation rule for BEFIT group members should be introduced in accordance with the Subject to Tax Rule as proposed by the OECD/G20 Inclusive Framework in Pillar II.
2024/01/18
Committee: ECON
Amendment 112 #

2023/0321(CNS)

Proposal for a directive
Recital 10 c (new)
(10c) A fairer taxation of passive income also requires robust Controlled Foreign Company (CFC) rules for BEFIT group members in order to make them more resilient against profit shifting.
2024/01/18
Committee: ECON
Amendment 114 #

2023/0321(CNS)

Proposal for a directive
Recital 11
(11) Accordingly, it is essential to address specific sectors of activity, notably international shipping, that require certain sector-specific adjustments. For group members in this sector, the financial accounts would have to be adjusted, in order to exclude an amount (profit or loss) covered by a tonnage tax regime. Special tax regimes for international shipping, often referred to as ‘Tonnage tax regimes’ would normally allow for taxation on the basis of the tonnage (i.e., the carrying capacity) of ships operated by a group member rather than the actual profits or losses incurred by the group member through activities eligible for tonnage tax. An exclusion of such an amount would, therefore, build on the different acknowledged approaches for the computation of the tax base and would ensure a suitable consistency with the different policy objectives of the internal market.deleted
2024/01/18
Committee: ECON
Amendment 118 #

2023/0321(CNS)

Proposal for a directive
Recital 12
(12) To achieve the key objective of creating a simplified corporate tax framework, the preliminary tax results for each group member should be aggregated into one single common tax base, in order to subsequently allocate this base to eligible group members. The tax adjustments to the financial statements would produce preliminary tax results for each group member. These results would then be aggregated, which would allow for cross-border loss relief between BEFIT group members, limited to five years, and subsequently, the aggregated tax base would be allocated to group members based on a transition allocation rule; this would pave the way towards a permanent mechanism. That permanent mechanism could be based on a formulary apportionment and would render the need for intra-BEFIT group transactions to be consistent with the arm’s length principle redundant. It would have the advantage of using more recent country-by-country reporting (‘CbCR’) data and the information gathered during the transition period. This will also allow for a more thorough assessment of the impact that the implementation of the two-pillar approach is expected to have on national tax bases and the BEFIT group tax bases. In this way, it would still become possible to materialise the key objective of tax neutrality in the internal market,formulary apportionment. This will materialise the key objective of tax neutrality in the internal market, render the arm’s length principle redundant which would reduce instances of double and over-non taxation and enhance tax certainty with the aim of reducing the number of tax disputes.
2024/01/18
Committee: ECON
Amendment 129 #

2023/0321(CNS)

Proposal for a directive
Recital 14
(14) To provide space for growth and investment, Member States would also be allowed to individually apply additional post-allocation adjustments (e.g. tax treatment of pension contributions) in areas not covered by the common framework. Member States would also be free to further adjust their allocated share without a ceiling in order to ensure that Member States can make their national policy choices in this area. Most importantly, Directive (EU) 2022/2523 would effectively set a ceiling which would effectively ensure that the effective tax rate is at least 15%. The post-allocation adjustments should focus on input-based tax incentives. Member States should refrain from offering output-based tax incentives such as patent boxes and other intellectual property regimes. In addition, each Member State should publish detailed information on the impact of tax expenditures on revenues as obliged under Directive (EU) 2011/84, article 14. At a minimum, each tax expenditure should be associated with one or more policy objectives, state its targeted beneficiaries, and estimate how much revenue has been forgone. Furthermore, it is recommended for Member States, in the context of the green transition, to introduce a qualitative component to ensure minimal coherence with the Sustainable Development Goals. For instance, Member States could carry-on sustainability evaluations on adjustments that apply to their allocated share.
2024/01/18
Committee: ECON
Amendment 131 #

2023/0321(CNS)

Proposal for a directive
Recital 14 a (new)
(14a) To spur investments to achieve the UN Sustainable Development Goals and to respond to the climate emergency, Member States are incentivised to adopt targeted accelerated depreciation rules at the national level. These rules are vital for a swift green transition, aligning economic incentives with environmental goals whilst addressing social inequalities and alleviating poverty. They stimulate economic growth, create jobs and foster innovation in sustainable technologies. By encouraging green investments, it accelerates progress towards clean energy, restoring biodiversity and water supplies, and resilient infrastructure. By encouraging such investments in low- income countries, green energy supply chains can be strengthened. The Member States should lead in sustainability which will ultimately increase the resilience and competitiveness of the internal market. At the same time, this Directive aims at disincentivising further investments in fixed assets in fossil-fuel related activities and those fixed assets with a high carbon content, both in their production and use. To operationalise these incentives and disincentives the Commission is tasked to adopt implementing acts.
2024/01/18
Committee: ECON
Amendment 140 #

2023/0321(CNS)

Proposal for a directive
Recital 18
(18) To ensure that the rules of the common framework are implemented and enforced correctly, Member States should lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive. Such penalties should be effective, proportionate and dissuasive. Those penalties should be set at a minimum rate of 0,1 % of the turnover of the BEFIT group in case of failure to file the BEFIT information return accordingly and in case of confirmed intentional misreporting of filing information return
2024/01/18
Committee: ECON
Amendment 144 #

2023/0321(CNS)

Proposal for a directive
Recital 19
(19) To optimise the benefits of having a common legal framework for computing the corporate tax base in the internal market, the application of the rules should be optional for groups, including SME groups, who earn annual combined revenues of less than EUR 750 000 000 as long as they prepare consolidated financial statements and have a taxable presence in the Union. By keeping the application of the rules open to groups of a smaller size, more groups with cross-border structures and activities may benefit from the simplification that the common framework offers. After three years this Directive starts to apply, the Commission should issue a legislative proposal to amend this Directive to make this system mandatory for companies with annual combined revenues of EUR 40 000 000 or more in at least two of the last four fiscal years.
2024/01/18
Committee: ECON
Amendment 148 #

2023/0321(CNS)

Proposal for a directive
Recital 21 a (new)
(21a) Each BEFIT group should have a filing entity, which should determine the country of the filing authority and the competent tax authority which will lead the BEFIT team. As a matter of principle, the filing authority should be based in the Member State where the parent company of the BEFIT group is resident for tax purposes. When the BEFIT group is owned by a firm headquartered in a third country, the filing entity should be the European intermediate parent undertaking, where there is one.
2024/01/18
Committee: ECON
Amendment 149 #

2023/0321(CNS)

Proposal for a directive
Recital 21 b (new)
(21b) By 31 December 2026, the Commission should, where appropriate, submit a legislative proposal for a harmonised, common European taxpayer identification number. This will in turn not only facilitate the communication between the representatives of Member States and the BEFIT team, but also increase the efficiency of tax information exchange within the Union.
2024/01/18
Committee: ECON
Amendment 182 #

2023/0321(CNS)

Proposal for a directive
Article 2 a (new)
Article 2a Significant economic presence 1. For the purposes of corporate tax, a permanent establishment shall be taken to exist if a significant economic presence exists through which a business is wholly or partly carried on. 2. Paragraph 1 shall be in addition to, and shall not affect or limit the application of, any other test under Union or national law for determining the existence of a permanent establishment in a Member State for the purposes of corporate tax, whether specifically in relation to the supply of digital services or otherwise. 3. A 'significant economic presence' shall be considered to exist in a Member State in a tax period if total revenues derived by a BEFIT group from that Member State are above EUR 1 000 000. 4. The Commission shall, by means of implementing act laying down the detailed methodology for the sourcing rules to define the revenues. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73.
2024/01/18
Committee: ECON
Amendment 183 #

2023/0321(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 10 – point b
(b) if the ultimate parent entity is not located in a Member State, the intermediate parent entity located in a Member State, or, in absence of such, the entity located in a Member State and that has been appointed by the BEFIT group to fulfil the obligations in relation to the BEFIT group information return set out in Article 57 on behalf of the BEFIT group.
2024/01/18
Committee: ECON
Amendment 188 #

2023/0321(CNS)

Proposal for a directive
Article 5 – paragraph 1 – point a
(a) the company is either the ultimate parent entity of the group, the intermediate parent company of the group located in a Member State or any other company of the group in which the ultimate parent entity holds, directly or indirectly, at least 750% of the ownership rights or of the rights giving entitlement to profit;
2024/01/18
Committee: ECON
Amendment 189 #

2023/0321(CNS)

Proposal for a directive
Article 5 – paragraph 1 – point b
(b) the head office of the permanent establishment is either the ultimate parent entity of the group, the intermediate parent company of the group located in a Member State or any other member (company or entity) of the group in which the ultimate parent entity holds, directly or indirectly, at least 750% of the ownership rights or of the rights giving entitlement to profit.
2024/01/18
Committee: ECON
Amendment 195 #

2023/0321(CNS)

Proposal for a directive
Article 8 – paragraph 1
With the exception of financial assets held for trading, as referred to in Article 11(1), and investments made for the benefit of life insurance policyholders bearing the investment risk in the context of a unit- linked/index-linked life insurance policy, as referred to in Article 14, the financial accounting net income or loss of a BEFIT group member shall be adjusted to exclude 95% of the amount of dividends or other distributions received or accrued during the fiscal year, provided that at the date of distribution, the ownership interest is held by the BEFIT group member for more than one year and this interest carries right to more than 10% of the profits, capital, reserves or voting rights, and the dividends or other distributions have been subject to an effective tax rate not below 9%.
2024/01/18
Committee: ECON
Amendment 206 #

2023/0321(CNS)

Proposal for a directive
Article 13 – paragraph 1
1. A BEFIT group member shall adjust its financial accounting net income or loss to include the amount of exceeding borrowing costs, as referred to in Article 2 of Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market11 , which is not deductible for tax purposes in accordance with the interest limitation rules laid down in the national corporate tax law of the Member State where it is resident for tax purposes.paragraph 1a. _________________ 11 Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market (OJ L 193, 19.7.2016, p. 1)
2024/01/18
Committee: ECON
Amendment 208 #

2023/0321(CNS)

Proposal for a directive
Article 13 – paragraph 1 a (new)
1a. Exceeding borrowing costs shall be deductible up to 75 % in the tax period in which they are incurred. If such amount is higher than 10 % of the taxpayer's earnings before interest, tax, depreciation, and amortisation (EBITDA), the taxpayer is entitled to deduct only the lower of the two amounts in the tax period. Article 4 paragraphs 2, 3, 4, point (b), 5, 7, 8 of Article 4 of Council Directive (EU) 2016/11641 apply to a BEFIT group.
2024/01/18
Committee: ECON
Amendment 211 #

2023/0321(CNS)

Proposal for a directive
Article 13 a (new)
Article13a Royalty limitation rule A BEFIT group member shall adjust its financial accounting net income or loss to include the amount of royalty costs for which the corresponding income of the recipient of the royalty or licence fee payment by the BEFIT group is subject to an effective tax rate below 9 %.
2024/01/18
Committee: ECON
Amendment 212 #

2023/0321(CNS)

Proposal for a directive
Article 15 – paragraph 1
The financial accounting net income or loss of a BEFIT group member carrying out shipping activities shall be adjusted to exclude the amount of revenues, expenses and other deductible items derived from such activities covered by a tonnage tax regime.deleted
2024/01/18
Committee: ECON
Amendment 214 #

2023/0321(CNS)

Proposal for a directive
Article 17 – paragraph 1
The financial accounting net income or loss of a BEFIT group member shall be adjusted to include the amount of any corporate tax, similar taxes on profits and deferred taxes accrued for the fiscal year as well as any amount recorded as current taxes in the financial accounts in relation to the payment of top-up tax due in accordance with Directive (EU) 2022/2523 or in application of a Qualified Domestic Top-up Tax as referred to in Article 11 of that Directive, or any other alternative minimum taxes.
2024/01/18
Committee: ECON
Amendment 219 #

2023/0321(CNS)

Proposal for a directive
Article 21 a (new)
Article 21a Controlled Foreign Companies 1. The financial accounting net income or loss of a BEFIT group member shall be adjusted to include the non- distributed income of an entity or permanent establishment, which is treated as a controlled foreign company as referred to Article 7(1) of Directive (EU) 2016/1164, which is derived from the following categories: (i) interest or any other income generated by financial assets; (ii) royalties or any other income generated from intellectual property; (iii) dividends and income from the disposal of shares; (iv) income from financial leasing; (v) income from insurance, banking, and other financial activities; (vi) income from invoicing companies that earn sales and services income from goods and services purchased from and sold to associated enterprises, and add no or little economic value; The first subparagraph shall not apply where the controlled foreign company carries out a substantive economic activity supported by staff, equipment, assets, and premises, as evidenced by relevant facts and circumstances. Where the controlled foreign company is resident or situated in a third country that is not party to the EEA Agreement, Member States may decide to refrain from applying the first subparagraph. 2. The income to be included in the tax base shall be calculated according to Article 8 of Directive (EU) 2016/1164.
2024/01/18
Committee: ECON
Amendment 226 #

2023/0321(CNS)

Proposal for a directive
Article 22 – paragraph 2 – point a
(a) all buildings as well as any other type of immovable property and structure in use for the business: 2830 years;
2024/01/18
Committee: ECON
Amendment 228 #

2023/0321(CNS)

Proposal for a directive
Article 22 – paragraph 2 – point b
(b) all other fixed tangible assets: their useful life as assessed in accordance with the acceptable accounting standard in the Union referred to in Article 7;, but not less than 10 years.
2024/01/18
Committee: ECON
Amendment 230 #

2023/0321(CNS)

Proposal for a directive
Article 22 – paragraph 2 – point c
(c) fixed intangible assets, including acquired goodwill: the period for which the asset enjoys legal protection or for which the right has been granted and, where that period cannot be determined, 520 years.
2024/01/18
Committee: ECON
Amendment 233 #

2023/0321(CNS)

Proposal for a directive
Article 22 – paragraph 2 a (new)
2a. By way of derogation from the second paragraph fixed assets with a large carbon footprint, both in their production and in their use, shall be depreciated up until half their market value. The Commission shall, by means of implementing act laying down the criteria to define the values constituting a large carbon footprint. The rules shall be updated every 3 years. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73.
2024/01/18
Committee: ECON
Amendment 235 #

2023/0321(CNS)

Proposal for a directive
Article 22 – paragraph 5
5. The value for tax purposes of a fixed asset that is disposed of, or damaged to an extent that it can no longer be used for the business, and the value for tax purposes of any improvement costs incurred in relation to that asset shall be deducted from the preliminary tax result in the month of the disposition or damage. Member States are not allowed to grant further entitlement to depreciate to a BEFIT group member other than those specified in this Section.
2024/01/18
Committee: ECON
Amendment 238 #

2023/0321(CNS)

Proposal for a directive
Article 22 a (new)
Article 22a Accelerated Green and Social depreciation rules 1. By way of derogation from Article 22, fixed assets acquired by BEFIT group members in the Union or in low-income countries that contribute significantly to the climate goals and the UN 2030 Sustainable Development Goals shall be subject to accelerated depreciation rules at Member State level. 2. The Commission shall, by means of implementing act laying down the necessary framework and criteria to operationalize paragraph 1. The rules shall be updated every 3 years. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73. 3. Member States shall inform the Commission on their existing accelerated depreciation rules at national level, according to paragraph 1 and 2, three months after this Directive starts to apply and in accordance to the obligation in Article 48, paragraph 2. 4. When this Directive starts to apply, Member States shall inform the Commission on their new accelerated depreciation rules 6-months prior to their entry into force at national level and in accordance to the obligation in Article 48, paragraph 2.
2024/01/18
Committee: ECON
Amendment 251 #

2023/0321(CNS)

Proposal for a directive
Article 27 – paragraph 1 – point a a (new)
(aa) fixed assets used in fossil fuel- related activities;
2024/01/18
Committee: ECON
Amendment 256 #

2023/0321(CNS)

Proposal for a directive
Article 38 – paragraph 1
Where a company or a permanent establishment enters a BEFIT group, any unrelieved losses incurred up until five years before the entry date, in accordance with the corporate tax law of the Member State of its tax residence or location respectively, shall be deducted from its share of the BEFIT tax base as determined in accordance with Chapter III.
2024/01/18
Committee: ECON
Amendment 264 #

2023/0321(CNS)

Proposal for a directive
Article 42 – paragraph 2 – point b
(b) a negative amount, the loss shall be carried forward for a maximum of five years and shall be set off against the next positive BEFIT tax base.
2024/01/18
Committee: ECON
Amendment 270 #

2023/0321(CNS)

Proposal for a directive
Article 45 – title
TransitionFormulary allocation rule
2024/01/18
Committee: ECON
Amendment 274 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 1 – subparagraph 1
For each fiscal year between 1 July 2028 and 30 June 2035 at the latest (the ‘transition period’), the BEFIT tax base shall be allocated to the BEFIT group members ion accordance with the baseline allocation percentagethe basis of a formula that gives equal weight to two factors: number of employees and unrelated third party revenues.
2024/01/18
Committee: ECON
Amendment 281 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 2 – subparagraph 2
Where: (a) the taxable result of a BEFIT group member shall be the average of the taxable results in the three previous fiscal years. In the first fiscal year in which a BEFIT group is subject to this Directive, those taxable results shall be determined in accordance with the national corporate tax rules of the Member State in which the BEFIT group member is resident for tax purposes or is situated in the form of a permanent establishment. In the second fiscal year in which a BEFIT group is subject to this Directive, those taxable results shall be determined, for the first fiscal year in which a BEFIT group is subject to this Directive, in accordance with Chapter II of this Directive and for the two preceding fiscal years, in accordance with the national rules of the respective Member State. In the third fiscal year in which a BEFIT group is subject to this Directive, those taxable results shall be determined, for the first two fiscal years in which a BEFIT group is subject to this Directive, in accordance with Chapter II of this Directive and for the fiscal year that immediately precedes, in accordance with the national rules of the respective Member State. As from the fourth fiscal year in which a BEFIT group is subject to this Directive, those taxable results shall be determined in accordance with Chapter II of this Directive. (b) the total taxable result of the BEFIT group shall be the addition of the average of the taxable results, as referred to in point (a), of all BEFIT group members in the three previous fiscal years.deleted
2024/01/18
Committee: ECON
Amendment 293 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 3
3. For the purpose of paragraph 2, Member States shall structure their risk assessment framework for the pricing of intra-BEFIT group transactions as follows: (a) low-risk zone: where the expense incurred, or the income earned, by a BEFIT group member from intra-BEFIT group transactions increase in a fiscal year by less than 10% compared to the average expense or income of the previous three fiscal years from intra- BEFIT group transactions; (b) high-risk zone: where the expense incurred, or the income earned, by a BEFIT group member from intra-BEFIT group transactions increase in a fiscal year by 10% or more compared to the average expense or income of the previous three fiscal years from intra- BEFIT group transactions.deleted
2024/01/18
Committee: ECON
Amendment 299 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 4
4. Member States shall take the appropriate measures in order to structure their approach to risk compliance in accordance with the following principles: (a) low-risk zone: the competent authorities of the Member States concerned shall presume that the pricing of intra-BEFIT group transactions of a specific BEFIT group member is consistent with the arm’s length principle; (b) high-risk zone: the competent authorities of the Member States concerned shall presume that the pricing of intra-BEFIT group transactions of a specific BEFIT group member does not comply with the arm’s length principle and the part of the increase which goes beyond 10% shall not be recognized for the purpose of computing the baseline allocation percentage of that BEFIT group member. Notwithstanding the rule set out in the first sub-paragraph of point (b), a BEFIT group member shall be entitled to provide evidence to the competent authority of the Member State in which it is resident for tax purposes or situated in the form of a permanent establishment that the pricing of the relevant intra-BEFIT group transactions is set in accordance with the arm’s length principle. In such case, the full amount of expense from the intra- BEFIT group transactions in question, as evidenced, shall be recognized for the purpose of computing the baseline allocation percentage of that BEFIT group member.deleted
2024/01/18
Committee: ECON
Amendment 308 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 6
6. If the structure of the BEFIT group changes during the transition period referred to in paragraph 1 due to new members joining the group or members leaving the group, the baseline allocation percentage shall be re- computed in accordance with paragraph 2. For each BEFIT group member, the BEFIT tax base shall be allocated in accordance with the new baseline allocation percentage for the time that remains until the end of this period, unless subsequent changes in the structure of the BEFIT group require a new re-computation of the baseline allocation percentage.deleted
2024/01/18
Committee: ECON
Amendment 310 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 7
7. If the structure of the BEFIT group changes during the transition period referred to in paragraph 1 due to the creation of one or more new companies which qualify as BEFIT group members, the rules for allocating the BEFIT tax base, as laid down in paragraph 2, shall not apply to the new BEFIT group members in the first fiscal year. For subsequent fiscal years until the end of that transition period, the baseline allocation percentage of the new BEFIT group members shall be computed in accordance with paragraph 2.deleted
2024/01/18
Committee: ECON
Amendment 313 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 8
8. If a group becomes subject to the rules of this Directive later than 1 July 2028, the baseline allocation shall be computed in accordance with paragraph 2. By way of derogation from paragraphs 1 and 2, the BEFIT tax base shall be allocated to the BEFIT group members over the remaining part of the transition period referred to in paragraph 1.deleted
2024/01/18
Committee: ECON
Amendment 316 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 9
9. The Commission shall carry out a comprehensive review of the transiallocation rule as part of which it shall prepare a study on the possible composition and weight of selected formula factorsthe formula and submit a report to the Council by the end of the third fiscal year during the transition period referred to in paragraph 1. If the Commission deems it appropriate, taking into account the conclusions of this report, it may adopt a legislative proposal during the transition period, to amend this Directive by introducing a different method for the allocation of the BEFIT tax base using formulary apportionment and based on factorand include where needed sector-specific allocation rules.
2024/01/18
Committee: ECON
Amendment 318 #

2023/0321(CNS)

Proposal for a directive
Article 45 – paragraph 10
10. The rules laid down in paragraphs 1 to 8 shall continue to apply until any amendment thereof has come into effect.deleted
2024/01/18
Committee: ECON
Amendment 334 #

2023/0321(CNS)

Proposal for a directive
Article 48 – paragraph 2
2. In addition to the adjustments listed in paragraph 1, a Member State may allow for increasing or decreasing, through additional items, subject to the provisions of Directive (EU) 2022/2523, the allocated part of BEFIT group members that are resident for tax purposes or situated in the form of a permanent establishment in that Member State. Adjustments that effectively result in revenue forgone must be made public annually as set forth in Directive 2011/85 in the form of a tax expenditure report.
2024/01/18
Committee: ECON
Amendment 367 #

2023/0321(CNS)

Proposal for a directive
Article 72 – paragraph 1
Member States shall lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all necessary measures to ensure that they are implemented and enforced. Penalties and compliance measures provided for shall be effective, proportionate and dissuasive. Penalties shall be set at a minimum of 0,1 % of the turnover of the BEFIT group in case of failure to file the BEFIT information return in accordance with Article 59 and in case of confirmed intentional misreporting when filing the information return.
2024/01/18
Committee: ECON
Amendment 372 #

2023/0321(CNS)

Proposal for a directive
Article 77 – paragraph -1 (new)
-1 Three years after this Directive starts to apply, the Commission shall issue a legislative proposal to amend this Directive to make this system mandatory for companies with annual combined revenues of EUR 40 000 000 or more in at least two of the last four fiscal years, in line with the definition of large groups within the meaning of Directive 2013/34/EU of the European Parliament and of the Council.
2024/01/18
Committee: ECON
Amendment 375 #

2023/0321(CNS)

Proposal for a directive
Article 77 – paragraph 1 a (new)
1a. Eight years after this Directive starts to apply, the Commission shall assess the impact of making this system mandatory for all companies with cross- border activities and, if appropriate, issue a legislative proposal to amend this Directive accordingly.
2024/01/18
Committee: ECON
Amendment 379 #

2023/0321(CNS)

Proposal for a directive
Article 77 – paragraph 2
2. Member States shall communicate to the Commission relevant information for the evaluation of the Directive in accordance with paragraph 3, including aggregated data on BEFIT group members which are resident for tax purposes in their jurisdiction and permanent establishments thereof operating in their jurisdiction, in order to properly assess the impact of the transition allocation rule and of Directive (EU) 2022/2523 as well as assessing the situation regarding Pillar One of the Statement on a Two-Pillar Solution to Address the Tax Challenges Arising from the Digitalisation of the Economy agreed by the OECD/G20 Inclusive Framework on BEPS on 8 October 2021.
2024/01/18
Committee: ECON
Amendment 55 #

2023/0320(CNS)

Proposal for a directive
Recital 7
(7) The proposal aims to provide significant procedural simplification, thus a one-stop-shop should be put in place, whereby the tax filing, tax assessments and the collection of the tax due by the permanent establishment(s) would be dealt with through a single tax authority (‘filing authority’), i.e. the tax authority in the Member State of the head office. In full respect of Member States’ sovereignty in tax matters, audits, appeals and dispute resolution procedures would primarily be kept domestic and in accordance with the procedural rules of the respective Member State. To support the functioning of a one- stop-shop, it would be critical to provide for joint audits, which create an obligation to the Member State of the head office to cooperate if the tax authority of the permanent establishment requests an audit covering the computation of the taxable result of its taxpayer. In that sense, if the head office Member State conducts an audit at its own initiative, it shall invite the host Member State to carry out such audit jointly.
2023/12/18
Committee: ECON
Amendment 58 #

2023/0320(CNS)

Proposal for a directive
Recital 7 a (new)
(7 a) To avoid a too large of a burden on the head office tax authority in applying the rules the proposal ensures that the head office Member State should be entitled to retain 15% of the collected tax corresponding to the tax liability of the permanent establishment(s) or subsidiary(ies) in the host Member State.
2023/12/18
Committee: ECON
Amendment 65 #

2023/0320(CNS)

Proposal for a directive
Article 1 – paragraph 1
This Directive lays down rules for computing the taxable result of permanent establishments and subsidiaries of SMEs which fulfil the criteria set out in Article 2(1) (“Head Office Taxation” rules). (This Amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2023/12/18
Committee: ECON
Amendment 68 #

2023/0320(CNS)

Proposal for a directive
Article 2 – paragraph 1 – point e
(e) they operate in other Member States exclusively through one or more permanent establishments; or up to two subsidiaries; (This Amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2023/12/18
Committee: ECON
Amendment 73 #

2023/0320(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
(1 a) ‘subsidiary’ means an undertaking in another Member States which is wholly-owned and controlled by the head office of an SME;
2023/12/18
Committee: ECON
Amendment 74 #

2023/0320(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 2
(2) ‘head office’ means an SME, as referred to in Article 2(1), which operates in (an)other Member State(s) exclusively through one or more permanent establishment or up to two subsidiaries;
2023/12/18
Committee: ECON
Amendment 81 #

2023/0320(CNS)

Proposal for a directive
Article 4 – paragraph 1 – point b
(b) it has been resident for tax purposes in the head office Member State during the last twofive fiscal years;
2023/12/18
Committee: ECON
Amendment 92 #

2023/0320(CNS)

Proposal for a directive
Article 6 – paragraph 1
1. The head office which opts to apply the head office taxation rules to its permanent establishment(s) shall notify its choice to the filing authority, together with the name of the host Member State(s). The notification shall be made at least three months before the end of the fiscal year preceding the fiscal year in which that SME wishes to start applying the head office taxation rules. For the establishment of its first permanent establishment or subsidiary in another Member State, an SME may apply the head office taxation rules from the year in which the permanent establishment or subsidiary is established, without having to notify the filing authority three months before the end of the previous tax year.
2023/12/18
Committee: ECON
Amendment 94 #

2023/0320(CNS)

Proposal for a directive
Article 6 – paragraph 2
2. The filing authority shall verify whether the eligibility requirements set out in Article 4 are met and shall inform the head office of its findings within two months of the notification referred to in paragraph 1. The filing authority shall obtain confirmation from the host Member State that the establishment in the host Member State constitutes a permanent establishment for treaty purposes.
2023/12/18
Committee: ECON
Amendment 155 #

2023/0320(CNS)

Proposal for a directive
Article 12 a (new)
Article 12a Retention of collected tax by head office Member State Concerning the tax liability to be transferred to the host Member State in accordance with article 12, the head office Member State shall be entitled to retain 15% of the collected tax corresponding to the tax liability of the permanent establishment(s) or subsidiary(ies) to compensate for the administrative burden incurred.
2023/12/18
Committee: ECON
Amendment 157 #

2023/0320(CNS)

Proposal for a directive
Article 13 – paragraph 2
2. The tax authority of the host Member State may request that an audit be carried out jointly with the filing authority covering the computation of the taxable result of the permanent establishment in accordance with the head office taxation rules, the attribution of profits to the permanent establishment and/or the applicable tax rate. Joint audits shall be conducted in accordance with Council Directive 2011/16/EU18 . Notwithstanding the provisions in the aforementioned Directive, the requested competent authority shall accept such request by the authorities of the host Member State. If an audit is carried out at the initative of the head office member state, the head office Member State shall invite the host Member State to carry out such audit jointly. _________________ 18 Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64, 11.3.2011, p. 1)
2023/12/18
Committee: ECON
Amendment 170 #

2023/0320(CNS)

Proposal for a directive
Article 19 – paragraph 2
2. Member States shall communicate to the Commission relevant information for the evaluation of the Directive, in accordance with paragraph 3, including aggregated data regarding the number of eligible SMEs compared to SMEs that opted in, their turnover and compliance costs relative to turnover; data on the number of SMEs that expanded cross- border by setting up a permanent establishment and the number of SMEs that disqualified due to creating a subsidiary, or the compliance costs for SMEs that apply the option.
2023/12/18
Committee: ECON
Amendment 172 #

2023/0320(CNS)

Proposal for a directive
Article 19 – paragraph 2 a (new)
2 a. The Commission shall evaluate potential legal hurdles in applying this directive such as the lack of a common and harmonised definition of permanent establishments in the EU.
2023/12/18
Committee: ECON
Amendment 19 #

2023/0260R(NLE)

Draft opinion
Paragraph -1 (new)
-1. Calls on the Committee on International Trade, as the committee responsible, to propose rejection of the Free Trade Agreement between the European Union and Republic of Chile;
2023/10/30
Committee: AGRI
Amendment 3 #

2023/0226(COD)

Proposal for a regulation
The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to propose rejection of Commission proposal.
2023/11/14
Committee: AGRI
Amendment 92 #

2023/0210(COD)

Proposal for a regulation
Recital 13
(13) To assess whether a limited network should be excluded from scope, the geographical location of the points of acceptance of such network as well as the number of the points of acceptance should be considered. Specific-purpose instruments should allow the holder to acquire goods or services only in the physical premises of the issuer, whereas usage in an online store environment should not be covered by the notion of premises of the issuer. Specific-purpose instruments should include, depending on the respective contractual regime, cards that can only be used in a particular chain of stores or a particular shopping centre, fuel cards, membership cards, public transport cards, parking ticketing, meal vouchers or vouchers for specific services, which may be subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation, such as childcare vouchers or ecological vouchers. Specific-purpose instruments should also include electronic money-based instruments once they meet the requirements of this exclusion. Payment instruments which can be used for purchases in stores of listed merchants should not be excluded, as such instruments are typically designed for a network of service providers which is continuously growing.
2023/12/04
Committee: ECON
Amendment 100 #

2023/0210(COD)

Proposal for a regulation
Recital 31 a (new)
(31 a) To process digital payments online or offline, it is essential that front end payment service providers obtain access to near field communication technology (NFC) on mobile devices. These components include, in particular but not exclusively, NFC antennas and the so- called secure elements of mobile devices (e.g.: Universal Integrated Circuit Card (UICC), embedded SE (eSE), and microSD etc). It is therefore necessary to ensure that whenever needed to provide payment services, original equipment manufacturers of mobile devices or providers of electronic communication services would not refuse access to NFC antennas and secure elements. To ensure this also in the digital economy, providers of front-end payment services should be entitled to store software on relevant mobile devices’ hardware in order to make transactions technically possible both online and offline. For this purpose, original equipment manufacturers of mobile devices and providers of electronic communication services should be obliged to provide access on fair, reasonable and non-discriminatory terms to all hardware and software components when needed for online and offline transactions. In all instances, such operators should be obliged to provide adequate capacity on relevant hardware and software features in mobile devices to process online payment transactions and for storing funds on mobile devices for offline payment transactions. This obligation should be without prejudice to Article 6(7) of Regulation (EU) 2022/1925, which obliges gatekeepers to provide, free of charge, effective interoperability with, and access for the purposes of interoperability to, the operating system, hardware or software features of mobile devices, which is applicable to existing and new digital means of payments.
2023/12/04
Committee: ECON
Amendment 118 #

2023/0210(COD)

Proposal for a regulation
Recital 79
(79) ConsumPayment service users should be adequately protected in the context of certathe so-called social engineering fraudulent payment transactions that they have authorised without knowing these transactions wer, where the fraudster manipulates the payment service user in performing a certain action, such as initiating a payment transaction, or handing over their security credentials to the fraudulentsters. The number of such type of ‘social engineering’ cases where consumers are misled into authorising a payment transaction to a fraudster has significantly increased in recent years. ‘Spoofing’ cases where fraudsters pretend to be a legitimate payee or an employees of a customer's payment service provider and misuse that person’s or the payment service provider's name, mail address or telephone number to gain the customers’ trust and trick them into carrying-out some actions, are unfortunately becoming more widespread in the Union. Those new types of ‘spoofing’ fraud are blurring the difference that existed in Directive (EU) 2015/2366 between authorised and unauthorised transactions. Means through which the consent may be assumed to be granted are also becoming more complex to identify, as fraudsters can take control of the whole consent and authentication process including of the strong customer authentication completion. The conditions under which the customer authorised a transaction by givinggave his or her permission to ifor making a payment should be taken into due consideration, including by courts, to qualify a transaction as being authorised or unauthorised. A transaction may indeed have been authorised in cirTherefore, where the cumstances where such authorisation was granted on manipulated premises affecting the integrity of the permission. It is therefore no longer possible, as was the case in Directive (EU) 2015/2366, to limit refunds to unauthorised transactions only. It would however be disproportionate and financially very costly to payment services providers to open every fraudulent transaction, authorised or unauthorised, to a systematic refund right. It might also cause moral hazard and a reduction in the customer’s vigilanceomer denies having authorised a payment, the use of the payer's personalised security credentials to authenticate a payment, including where relevant the application of strong customer authentication, should not in itself be sufficient to prove that the payment transaction was authorised by the payer.
2023/12/04
Committee: ECON
Amendment 121 #

2023/0210(COD)

Proposal for a regulation
Recital 80
(80) Payment service providers could be also considered as victimhave more means than consumers to put an end to cases of spoofing’ cases, as their details were usurped. However,”, where the fraudster impersonates an employee of the payment service provider and misuses the payment service providers have more means than consname, mail address or telephone numbers to put an end to these fraud casetrick customers into carrying out some actions, through adequate prevention and robust technical safeguards developed with electronic communications services providers such as mobile network operators, internet platforms etc. Those electronic communications services should be obliged to cooperate with payment service providers in the fight against fraud. If they fail to do so, they should be held jointly responsible in the event of fraud. Cases of bank employee impersonation fraud affect the good repute of the bank, of the banking sector as a whole and may cause significant financial damages to Union consumers, affecting their trust in electronic payments and in the banking system. A good-faith consumer who has been the victim of such ‘spoofing’ fraud where fraudsters pretend to be employees of a customer's payment service provider and misuse the payment service provider's name, mail address or telephone number should therefore be entitled to a refund of the full amount of the fraudulent payment transaction from the payment service provider, unless the payer has acted fraudulently or with ‘gross negligence’. As soon as the consumer becomes aware that he or she has been a victim of that type of spoofing fraud, the consumer should without undue delay report the incident to the police, preferably via online complaint procedures, where made available by the police, and to his or her payment service provider, providing every necessary supporting evidence. No refund should be granted where those procedural conditions are not fulfilled.
2023/12/04
Committee: ECON
Amendment 125 #

2023/0210(COD)

Proposal for a regulation
Recital 82
(82) To assess possible negligence or gross negligence on the part of the payment service user, account should be taken of all circumstances. The evidence and degree of alleged negligence should generally be evaluated according to national law. However, wFor example, where a payment service user falls victim of social engineering fraud, in order to assess whether the payment service user has acted with gross negligence, account should be taken of all relevant factors, including but not limited to the complexity of the fraud, the personal circumstances of the payment service user, whether the latter had reasonable grounds for believing that he/she was making a payment to a legitimate payee, and whether the payment service provider could have taken additional steps to help prevent the fraud from taking place. While the concept of negligence implies a breach of a duty of care, ‘gross negligence’ should mean more than mere negligence, involving conduct exhibiting a significant degree of carelessness; for example, making a payment to a fraudster without having any reasonable ground for believing the payee to whom the payment was intended is legitimate, or keeping the credentials used to authorise a payment transaction beside the payment instrument in a format that is open and easily detectable by third parties. The fact that a consumer has already received a refund from a payment service provider after having fallen victim of bank employee impersonation fraud and is introducing another refund claim to the same payment service provider after having been again victim of the same type of fraud could be considered as ‘gross negligence’ as that might indicate a high level of carelessness from the user who should have been more vigilant after having already be victim of the same fraudulent modus operandi.
2023/12/04
Committee: ECON
Amendment 132 #

2023/0210(COD)

Proposal for a regulation
Recital 100
(100) Fraudsters often target the most vulnerable individuals of our society. The timely detection of fraudulent payment transactions is essential, and transaction monitoring plays an import role in that detection. It is therefore appropriate to require payment service providers to have in place transaction monitoring mechanisms, reflecting the crucial contribution of those mechanisms to fraud prevention, going beyond the protection offered by strong customer authentication, in respect of payment transactions, including transactions involving payment initiation services. Where payment service providers fail to have in place the appropriate mechanisms to prevent fraud, they should be held responsible for covering the losses of payment service users resulting from fraud.
2023/12/04
Committee: ECON
Amendment 134 #

2023/0210(COD)

Proposal for a regulation
Recital 103
(103) Fraud in credit transfers is inherently adaptive and comprises an open- ended diversity of practices and techniques, including the stealing of authentication credentials, invoice tampering, and social manipulation. Therefore, to be able to prevent ever new types of fraud, transaction monitoring should be constantly improved, making full use of technology such as artificial intelligence. Often one payment service provider does not have the full picture about all elements that could lead to timely fraud detection. However, it can be made more effective with a greater amount of information on potentially fraudulent activity stemming from other payment service providers. Therefore, sharing of all relevant information between payment service providers should be possiblemandatory. To better detect fraudulent payment transactions and protect their customers, payment services providers should, for the purpose of transaction monitoring, make use of payment fraud data shared by other payment services providers on a multilateral basis such as dedicated IT platforms based on information sharing arrangements. To improve the protection of payers against fraud in credit transfers, payment service providers should be able to rely on information as comprehensive and up to date as possible, namely by collectively using information concerning unique identifiers, manipulation techniques and other circumstances associated with fraudulent credit transfers identified individually by each payment services provider. Before concluding an information sharing arrangement, payment service providers should carry out a data protection impact assessment, in accordance with Article 35 of Regulation (EU) 2016/679. Where the data protection impact assessment indicates that the processing would, in the absence of safeguards, security measures and mechanisms to mitigate the risk, result in a high risk to the rights and freedoms of natural persons, payment service providers should consult the relevant data protection authority in accordance with Article 36 of that Regulation (EU) 2016/679. A new impact assessment should not be required when a payment service provider joins an existing information sharing arrangement for which a data protection impact assessment has already been carried out. The information sharing arrangement should lay down technical and organisational measures to protect personal data. It should lay down roles and responsibilities under data protection laws, including in case of joint controllers, of all payment service providers.
2023/12/04
Committee: ECON
Amendment 136 #

2023/0210(COD)

Proposal for a regulation
Recital 104
(104) For the purpose of exchanging personal data with other payment service providers who are subject to information sharing arrangements, ‘unique identifier’ should be understood as referring to ‘IBAN’ as defined in Article 2 point 15 of Regulation (EU) 260/2012. The unique identifier should be verified for all credit transfers, and not only credit transfers in euro.
2023/12/04
Committee: ECON
Amendment 147 #

2023/0210(COD)

Proposal for a regulation
Recital 140 a (new)
(140 a)The EBA should be granted all the necessary resources, including human resources, to fulfill their mandate under this Regulation.
2023/12/04
Committee: ECON
Amendment 153 #

2023/0210(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point j – point iii
(iii) instruments valid only in a single Member State, which are provided at the request of an undertaking or a public sector entity and regulated by a national or regional public authority for specific social or tax purposes to acquire specific goods or services from suppliers having a commercial agreement with the issuer;deleted
2023/12/04
Committee: ECON
Amendment 159 #

2023/0210(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point k
(k) payment transactions by a provider of electronic communications networks as defined in Article 2, point (1), of Directive (EU) 2018/1972 of the European Parliament and of the Council62 , or services provided in addition to electronic communications services as defined in Article 2, point (4), of that Directive to a subscriber to the network or service: (i) voice-based services, regardless of the device used for the purchase or consumption of the digital content and charged to the related bill; or (ii) electronic device and charged to the related bill within the framework of a charitable activity or for the purchase of tickets; provided that the value of any single payment transaction does not exceed EUR 50 and: — transactions for an individual subscriber does not exceed EUR 300 per month, or — account with the provider of the electronic communications network or service, the cumulative value of payment transactions does not exceed EUR 300 per month; __________________ 62 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36).deleted to purchase digital content and performed from or via an the cumulative value of payment where a subscriber pre-funds its
2023/12/04
Committee: ECON
Amendment 160 #

2023/0210(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point k – paragraph 1
payment transactions by a provider of electronic communications networks as defined in Article 2, point (1), of Directive (EU) 2018/1972 of the European Parliament and of the Council62 , or services provided in addition to electronic communications services as defined in Article 2, point (4), of that Directive to a subscriber to the network or service: (i) to purchase digital content and voice-based services, regardless of the device used for the purchase or consumption of the digital content and charged to the related bill; or (ii) electronic device and charged to the related bill within the framework of a charitable activity or for the purchase of tickets; __________________ 62 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36).deleted performed from or via an
2023/12/04
Committee: ECON
Amendment 162 #

2023/0210(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point k – paragraph 1 – point i
(i) to purchase digital content and voice-based services, regardless of the device used for the purchase or consumption of the digital content and charged to the related bill; ordeleted
2023/12/04
Committee: ECON
Amendment 163 #

2023/0210(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point k – paragraph 1 – point ii
(ii) performed from or via an electronic device and charged to the related bill within the framework of a charitable activity or for the purchase of tickets;deleted
2023/12/04
Committee: ECON
Amendment 165 #

2023/0210(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point k – paragraph 2
provided that the value of any single payment transaction does not exceed EUR 50 and: — transactions for an individual subscriber does not exceed EUR 300 per month, or — account with the provider of the electronic communications network or service, the cumulative value of payment transactions does not exceed EUR 300 per month;deleted the cumulative value of payment where a subscriber pre-funds its
2023/12/04
Committee: ECON
Amendment 174 #

2023/0210(COD)

Proposal for a regulation
Article 2 – paragraph 7
7. By [ OP please insert the date= one year after the date of entry into force of this Regulation], the EBA shall issue Guidelines in accordance with Article 16 of Regulation (EU) No 1093/2010, addressed to the competent authorities designated under this Regulation, on the exclusion for payment transactions from the payer to the payee through a commercial agent referred to in paragraph 2, point (b) of this Articlesubmit draft Regulatory Technical Standards to specify the conditions for the exclusion for payment transactions from the payer to the payee through a commercial agent referred to in paragraph 2, point (b) of this Article. Power is delegated to the Commission to adopt the Regulatory Technical Standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
2023/12/04
Committee: ECON
Amendment 183 #

2023/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 36 a (new)
(36 a) ‘e-wallet provider’ means a provider which offers consumers an application to manage one or several payment services within one application without entering at any time into the possession of the funds to be transferred;
2023/12/04
Committee: ECON
Amendment 192 #

2023/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 53
(53) ‘commercial trade name’ means the name which is commonly used by the payee in the course of their trade and marketing to identify itself to the payer;
2023/12/04
Committee: ECON
Amendment 201 #

2023/0210(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. Where a currency conversion service is offered prior to the initiation of the payment transaction and where that currency conversion service is offered at an ATM, at the point of sale or by the payee, the party offering the currency conversion service to the payer shall disclose to the payer all charges and the exchange rate to be used for converting the payment transaction, including prominent and transparent disclosure of any mark-up over the latest available applicable foreign exchange reference rate issued by the relevant central bank.
2023/12/04
Committee: ECON
Amendment 207 #

2023/0210(COD)

Proposal for a regulation
Article 7 – paragraph 1
Natural or legal persons providing cash withdrawal services as referred to in Article 38 of Directive (EU) [PSD3] shall provide or make availablein a prominent and easily understandable manner to their customers information on any charges directly before the customer carries out the withdrawal as well as upon receipt of the cash when the transaction is completed.
2023/12/04
Committee: ECON
Amendment 213 #

2023/0210(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. Payment service providers shall provide or make availablein a prominent and easily understandable manner to payment service users the following information and conditions:
2023/12/04
Committee: ECON
Amendment 218 #

2023/0210(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point f
(f) where applicable, the estimated charges for currency conversion in relation to credit transfers and money remittance transactions, expressed as a percentage mark-up over the latest available applicable foreign exchange reference rate issued by the relevant central bank as well as in real monetary value in the payer’s currency;
2023/12/04
Committee: ECON
Amendment 221 #

2023/0210(COD)

Proposal for a regulation
Article 20 – paragraph 1 – introductory part
The payment service provider shall provide in a prominent and easily understandable way the following information and conditions to the payment service user:
2023/12/04
Committee: ECON
Amendment 226 #

2023/0210(COD)

Proposal for a regulation
Article 20 – paragraph 1 – point c – point v
(v) where applicable, the estimated charges for currency conversion services in relation to a credit transfer expressed as a percentage mark-up over the latest available applicable foreign exchange reference rate issued by the relevant central bank, as well as in real monetary value in the payer’s currency;
2023/12/04
Committee: ECON
Amendment 253 #

2023/0210(COD)

Proposal for a regulation
Article 31 a (new)
Article 31a Without prejudice to Article 6(7) of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828, original equipment manufacturers of mobile devices and providers of electronic communication services within the meaning of Article 2 (1) Directive (EU) 2018/1972 shall allow providers of front end payment services effective interoperability with, and access for the purposes of interoperability to, the hardware features and software features necessary for storing and transferring data to process online or offline transactions, on fair, reasonable and non- discriminatory terms.
2023/12/04
Committee: ECON
Amendment 254 #

2023/0210(COD)

Proposal for a regulation
Article 32 – paragraph 1 – introductory part
1. A credit institution shall only refuse to open or shall only close a payment account for a payment institution for its agents or distributors or for an applicant for a license as a payment institution in cases where it is justified on objective, non- discriminatory and proportionate grounds, in particular in the following cases:
2023/12/04
Committee: ECON
Amendment 256 #

2023/0210(COD)

Proposal for a regulation
Article 32 – paragraph 1 – point b
(b) there is or has been a material breach of contract committed by the applicant for an account;
2023/12/04
Committee: ECON
Amendment 257 #

2023/0210(COD)

Proposal for a regulation
Article 32 – paragraph 1 – point c
(c) insufficient information and documents pertaining to matters set out in this paragraph have been received from the applicant for an account;
2023/12/04
Committee: ECON
Amendment 263 #

2023/0210(COD)

Proposal for a regulation
Article 32 – paragraph 1 a (new)
1 a. Member States shall ensure that payment institutions have a right of access to payment accounts with one or more credit institutions. Such access shall be sufficiently extensive as to allow payment institutions to provide their payment services in an unhindered, efficient and uninterrupted manner, throughout the period of their authorisation. In the event that a payment institution is not able to open a payment account with a credit institution, or if such payment account is closed, the competent authority shall nominate one or more credit institutions to provide a payment account to that payment institution.
2023/12/04
Committee: ECON
Amendment 265 #

2023/0210(COD)

Proposal for a regulation
Article 32 – paragraph 1 b (new)
1 b. Where a credit institution makes a decision to close a payment account in accordance with this paragraph, the account closure shall take effect on expiry of a notice period which shall not be less than 6 months.
2023/12/04
Committee: ECON
Amendment 267 #

2023/0210(COD)

Proposal for a regulation
Article 32 – paragraph 3 a (new)
3 a. A credit institution shall also notify the competent authority of its decision to close or to refuse to open a payment account. The competent authorities shall publish aggregate data on payment account refusals and closures.
2023/12/04
Committee: ECON
Amendment 270 #

2023/0210(COD)

Proposal for a regulation
Article 32 – paragraph 5 – subparagraph 1
The EBA shall develop draft regulatory technical standards specifying the harmonised format and information to be contained in the notification and motivation referred to in paragraph 3 of this Article. These draft regulatory technical standards shall also develop the harmonised objectives, powers and procedure to be followed by the competent authorities in respect of appeals referred to them under paragraph 4 of this Article.
2023/12/04
Committee: ECON
Amendment 272 #

2023/0210(COD)

Proposal for a regulation
Article 33 – paragraph 1 a (new)
1 a. Payees must offer to payment service users at least one payment method without surcharges which does not rely on the use of a payment initiation service provider.
2023/12/04
Committee: ECON
Amendment 274 #

2023/0210(COD)

Proposal for a regulation
Article 33 – paragraph 2 a (new)
2 a. Traders such as creditors and insurance operators shall offer to payment service users a way to share their data which does not rely on the use of account information service providers.
2023/12/04
Committee: ECON
Amendment 275 #

2023/0210(COD)

Proposal for a regulation
Article 33 – paragraph 2 b (new)
2 b. Without prejudice to Regulation (EU) 2016/679, payment service providers shall inform consumers in a clear and comprehensible manner when they are presented with a personalised offer that is based on automated processing of personal data.
2023/12/04
Committee: ECON
Amendment 276 #

2023/0210(COD)

Proposal for a regulation
Article 33 – paragraph 2 c (new)
2 c. Traders such as creditors and insurance operators shall ensure that the conditions to access their services do not discriminate against consumers legally resident in the Union on grounds of their nationality or place of residence, the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument within the Union or on any ground referred to in Article 21 of the Charter of Fundamental Rights of the European Union.
2023/12/04
Committee: ECON
Amendment 277 #

2023/0210(COD)

Proposal for a regulation
Article 33 – paragraph 2 d (new)
2 d. Any undertaking designated as a gatekeeper, pursuant to Article 3 of Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector, shall not receive access to payment systems as account information service provider.
2023/12/04
Committee: ECON
Amendment 278 #

2023/0210(COD)

Proposal for a regulation
Article 33 – paragraph 2 e (new)
2 e. Account information service providers shall not be allowed to combine account information data obtained pursuant to this Regulation with other types of personal data where such combination of data may result in harmful practices such as social scoring. The European Banking Authority shall develop draft Regulatory Technical Standards limiting the combination of data obtained by account information service providers with other types of personal data. The EBA shall submit the Regulatory Technical Standards referred to in this first subparagraph to the Commission by [OP please insert the date= one year after the date of entry into force of this Regulation]. When preparing the draft Regulatory Technical Standards referred to in subparagraph 2, the European Banking Authority shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679. Power is delegated on the Commission to adopt the Regulatory Technical Standards referred to in subparagraph 2 in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
2023/12/04
Committee: ECON
Amendment 286 #

2023/0210(COD)

Proposal for a regulation
Article 36 – paragraph 1 – point b
(b) the dedicated interface shall apply a re-direction approach to ensure the integrity and confidentiality of the personalised security credentials and of authentication codes transmitted by or through the payment initiation service provider or the account information service provider;
2023/12/04
Committee: ECON
Amendment 297 #

2023/0210(COD)

Proposal for a regulation
Article 37 – paragraph 2
2. AIn line with Regulation 2016/679/EU [GDPR], account servicing payment service providers shall provide account information services providers with at least the samthe information from designated payment accounts and associated payment transactions made available to the payment service user when directly requesting access to the account informationnecessary for the performance of a contract to which the data subject is party, provided that this information does not include sensitive payment data.
2023/12/04
Committee: ECON
Amendment 299 #

2023/0210(COD)

Proposal for a regulation
Article 37 – paragraph 3
3. AIn line with Regulation 2016/679/EU [GDPR], account servicing payment service providers shall provide payment initiation service providers with at least the samthe information onecessary for the initiation and execution of the payment transaction provided or made available to the payment service user when the transaction is initiated directly by the payment service user. That information shall be provided immediately after receipt of the payment order and any update to the information, including but not limited to the payment status, shall be pushed to the payment initiation service provider via the dedicated interface in real-time on an ongoing basis until the payment is finalexecuted or rejected.
2023/12/04
Committee: ECON
Amendment 302 #

2023/0210(COD)

Proposal for a regulation
Article 37 – paragraph 3 a (new)
3 a. The processing of customer data shall be limited to what is necessary in relation to the purpose for which it was processed. In accordance with Article 16 of Regulation (EU) No 1093/2010, the European Banking Authority shall develop guidelines on the implementation of this paragraph for payment initiation services and account information services.
2023/12/04
Committee: ECON
Amendment 304 #

2023/0210(COD)

Proposal for a regulation
Article 37 – paragraph 3 b (new)
3 b. When preparing the guidelines referred to in paragraph 3a of this Article, the European Banking Authority shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679.
2023/12/04
Committee: ECON
Amendment 307 #

2023/0210(COD)

Proposal for a regulation
Article 38 – paragraph 1
1. Account servicing payment service providers shall take all measures in their power to prevent unavailability and underperformance of the dedicated interface. Unavailability shall be presumed to have arisen when five consecutive requests for access to information for the provision of payment initiation services or account information services receive no response from the account servicing payment service provider’s dedicated interface within 30 seconds.
2023/12/04
Committee: ECON
Amendment 312 #

2023/0210(COD)

Proposal for a regulation
Article 40 – paragraph 2
For the purposes of point (b), where some or all of the information referred to in that point is unavailable immediately after receipt of the payment order, the account servicing payment service provider shall ensure that any information, including but not limited to any payment status update, about the execution of the payment order is made available to the payment initiation service provider immediately after that information becomes available to the account servicing payment service provider.
2023/12/04
Committee: ECON
Amendment 314 #

2023/0210(COD)

Proposal for a regulation
Article 43 – paragraph 2 – point a – point v a (new)
(v a) the dates on which data has been accessed and which categories of data have been retrieved when doing so.
2023/12/04
Committee: ECON
Amendment 317 #

2023/0210(COD)

Proposal for a regulation
Article 43 – paragraph 2 – point c a (new)
(c a) allow payment services users to opt-out from data sharing with third parties in a general way for all present and future data access permission requests;
2023/12/04
Committee: ECON
Amendment 319 #

2023/0210(COD)

Proposal for a regulation
Article 43 – paragraph 2 a (new)
2 a. The EBA shall develop draft Regulatory Technical Standards to develop a standardised list of data categories referred to in paragraph 2, point (a), so that the data is easily understandable for consumers. The EBA shall submit the Regulatory Technical Standards referred to in the first subparagraph to the Commission by [ OP please insert the date= one year after the date of entry into force of this Regulation]. Power is delegated on the Commission to adopt the Regulatory Technical Standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
2023/12/04
Committee: ECON
Amendment 320 #

2023/0210(COD)

Proposal for a regulation
Article 43 – paragraph 2 b (new)
2 b. Where a payment services user, pursuant to paragraph 2, point b, decides to withdraw data access, the given account information service provider or payment initiation service provider shall no longer withdraw data and shall erase all data received based on the data access permission granted by the payment services user.
2023/12/04
Committee: ECON
Amendment 327 #

2023/0210(COD)

Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 2 – point j
(j) imposing an account information or payment initiation journey, in a ‘redirection’ or ‘decoupled’ approach, where the authentication of the payment service user with the account servicing payment service provider adds additional steps or required actions in the user journey compared to the equivalent authentication procedure offered to payment service users when directly accessing their payment accounts or initiating a payment with the account servicing payment service provider;deleted
2023/12/04
Committee: ECON
Amendment 329 #

2023/0210(COD)

Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 2 – point k
(k) imposing that the user be automatically redirected, at the stage of authentication, to the account servicing payment service provider’s web page address when this is the sole method of carrying out the authentication of the payment services user that is supported by an account servicing payment service provider;deleted
2023/12/04
Committee: ECON
Amendment 332 #

2023/0210(COD)

Proposal for a regulation
Article 44 – paragraph 1 a (new)
1 a. Measures and instruments used by account servicing payment service providers in response to suspected fraud or to comply with Regulation (EU) 2016/679 [General Data Protection Regulation] do not constitute prohibited obstacles.
2023/12/04
Committee: ECON
Amendment 337 #

2023/0210(COD)

Proposal for a regulation
Article 46 – paragraph 1 – point d
(d) ensure that the personalised security credentials of the payment services user are not, with the exception of the payer and the issuer of the personalised security credentials, accessible to other parties including the payment initiation providers itself and that they are transmitted by the payment initiation service provider through safe and efficient channels;
2023/12/04
Committee: ECON
Amendment 338 #

2023/0210(COD)

Proposal for a regulation
Article 46 – paragraph 2 – point a
(a) use, access or store sensitive payment data of the payment service user;
2023/12/04
Committee: ECON
Amendment 339 #

2023/0210(COD)

Proposal for a regulation
Article 47 – paragraph 1 – point b
(b) ensure that the personalised security credentials of the payment service user are not accessible to other parties, including the account information service provider itself, with the exception of the user and the issuer of the personalised security credentials, and that when those credentials are transmitted by the account information service provider, transmission is done through safe and efficient channels;
2023/12/04
Committee: ECON
Amendment 342 #

2023/0210(COD)

Proposal for a regulation
Article 49 – paragraph 1 a (new)
1 a. The term 'permission' in this Regulation shall not be understood as the term 'consent' under Regulation (EU) 2016/679 for which the requirements of that Regulation apply. Permission under this Regulation refers to the authorisation by the payment service user for the execution of a payment transaction or for access to account information data. This requirement is without prejudice to the application of Regulation (EU) 2016/679 and of Directive 2005/29/EC.
2023/12/04
Committee: ECON
Amendment 348 #

2023/0210(COD)

Proposal for a regulation
Article 50 – paragraph 4
4. Payment service providers shall ensure that payment service users have the right to opt out from being offered the service referred to in paragraph 1 and shall inform their payment service users of the means to express such opt-out right. Payment service providers shall ensure that payment service users that initially opted out from receiving the service referred to in paragraph 1, have the right to opt in to receive that service.deleted
2023/12/04
Committee: ECON
Amendment 352 #

2023/0210(COD)

Proposal for a regulation
Article 51 – paragraph 1
1. Where a specific payment instrument is used for the purposes of giving permission, the payer and the payer’s payment service provider may agree onshall offer to the payment service user the possibility to set spending limits for payment transactions executed through that payment instrument. By default, spending limits shall be set at a low level. Payment service providers shall not unilaterally increase the spending limits agreed with their payment service users. Payment service users shall be able to restrict the options of how they can change their spending limit with the possibility to allow for a change in spending limits, for example only in the physical premises of their payment service provider and the possibility to apply a change in the spending limit only after a certain time has passed.
2023/12/04
Committee: ECON
Amendment 355 #

2023/0210(COD)

Proposal for a regulation
Article 51 – paragraph 2
2. If agreed in the framework contract, tThe payment service provider may reserve the right toshall block the payment instrument forin case of objectively justified reasonisks relating to the security of the payment instrument, the suspicion of unauthorised or fraudulent use of the payment instrument or, in the case of a payment instrument with a credit line, a significantly increased risk that the payer may be unable to fulfil its liability to pay. Where such blocking does not take place despite reasonable grounds to suspect fraud, the payer shall not bear any financial consequences, except where the payer has acted fraudulently.
2023/12/04
Committee: ECON
Amendment 356 #

2023/0210(COD)

Proposal for a regulation
Article 51 – paragraph 4 a (new)
4 a. The burden of proof shall lie with the payment service provider to prove that it has complied with the requirements of this Article.
2023/12/04
Committee: ECON
Amendment 358 #

2023/0210(COD)

Proposal for a regulation
Article 53 – paragraph 1 – point c
(c) ensure that appropriate means, including free of charge telephone lines allowing for well-qualified personal human support without prior identification and in the official language of the host Member State are available at all times to enable the payment service user (i) to make a notification pursuant to Article 52 point (b), or to request unblocking of the payment instrument pursuant to Article 51(4); (ii) to make a notification about a fraudulent transaction; (iii) to receive qualified advice when suspecting to be victim of a fraud attack.
2023/12/04
Committee: ECON
Amendment 360 #

2023/0210(COD)

Proposal for a regulation
Article 53 – paragraph 1 – point f a (new)
(f a) refrain from using unsafe communication patterns, like sending links or documents via e-mail.
2023/12/04
Committee: ECON
Amendment 361 #

2023/0210(COD)

Proposal for a regulation
Article 53 – paragraph 2 a (new)
2 a. Where the payer’s payment service provider fails to comply with the obligations set out in this Article, the payer shall not bear any financial losses unless the payer has acted fraudulently.
2023/12/04
Committee: ECON
Amendment 362 #

2023/0210(COD)

Proposal for a regulation
Article 53 – paragraph 2 b (new)
2 b. The burden of proof shall lie with the payment service providers to prove that they have complied with the requirements of this Article.
2023/12/04
Committee: ECON
Amendment 371 #

2023/0210(COD)

Proposal for a regulation
Article 55 – paragraph 2
2. Where a payment service user denies having authorised an executed payment transaction, the use of a payment instrument recorded by the payment service provider, including the payment initiation service provider as appropriate, and the use of the payer’s personalised security credentials to authenticate a payment, including where relevant the application of strong customer authentication, shall in itself not be sufficient to prove either that the payment transaction was authorised by the payer or that the payer acted fraudulently or failed with intent or gross negligence to fulfil one or more of the obligations under Article 52. The payment service provider, including, where appropriate, the payment initiation service provider, shall provide supporting evidence to prove fraud or gross negligence on part of the payment service user.
2023/12/04
Committee: ECON
Amendment 378 #

2023/0210(COD)

Proposal for a regulation
Article 56 – paragraph 2 – point b
(b) provide aevidence to the relevant national authority in a written justification that the payer has acted fraudulently, and provide to the payer a substantiated justification for refusing the refund and indicate the bodies to which the payer may refer the matter in accordance with Articles 90, 91, 93, 94 and 95 if the payer does not accept the reasons provided.
2023/12/04
Committee: ECON
Amendment 379 #

2023/0210(COD)

Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1 (new)
The burden of proof shall be on the payment service providers to prove that the payer has acted fraudulently.
2023/12/04
Committee: ECON
Amendment 380 #

2023/0210(COD)

Proposal for a regulation
Article 56 – paragraph 6 a (new)
6 a. Set-off against the payer’s claims arising from this Article is not permitted.
2023/12/04
Committee: ECON
Amendment 381 #

2023/0210(COD)

Proposal for a regulation
Article 57 – paragraph 1
1. The payer shall not bear any financial losses for any authorised credit transfer where the payment service provider of the payer failed, in breach of Article 50(1), to notify the payer of a detected discrepancy between the unique identifier and the name of the payee provided by the payer. The payer’s payment service provider shall refund the payer the amount of the financial losses immediately, and in any event no later than by the end of the following business day, after noting or being notified of the financial losses, except where the payer’s payment service provider has reasonable grounds for suspecting that there was no breach of Article 50(1) and communicates those grounds to the relevant national authority in writing.
2023/12/04
Committee: ECON
Amendment 384 #

2023/0210(COD)

Proposal for a regulation
Article 57 – paragraph 2 – point b
(b) provide aevidence that there was no breach of Article 50(1) to the relevant national authority and provide a substantiated justification for refusing the refund and indicate the bodies to which the payer may refer the matter in accordance with Articles 90, 91, 93, 94 and 95 if the payer does not accept the reasons provided.
2023/12/04
Committee: ECON
Amendment 385 #

2023/0210(COD)

Proposal for a regulation
Article 57 – paragraph 5
5. Paragraphs 1 to 4 shall not apply if the payer has acted fraudulently or if the payer opted out from receiving the verification service in accordance with Article 50(4).
2023/12/04
Committee: ECON
Amendment 387 #

2023/0210(COD)

Proposal for a regulation
Article 57 – paragraph 5 a (new)
5 a. The burden of proof shall be on the payment service providers to prove that the payer has acted fraudulently.
2023/12/04
Committee: ECON
Amendment 390 #

2023/0210(COD)

Proposal for a regulation
Article 58 – paragraph 1
Technical service providers, e-wallet providers and operators of payment schemes that either provide services to the payee, or to the payment service provider of the payee or of the payer, shall be liable for any financial damage caused to the payee, to the payment service provider of the payee or of the payer for their failure, within the remit of their contractual relationship, to provide the services that are necessary to enable the application of strong customer authentication.
2023/12/04
Committee: ECON
Amendment 400 #

2023/0210(COD)

Proposal for a regulation
Article 59 – paragraph 1
1. Where a payment services user who is a consumer was manipulated by a third party pretending to be an employee of the consumer’s payment service provider using the name or e-mail address or telephone number of that payment service provider unlawfully and that manipulation gave rise to subsequent fraudulent authorised payment transactions, the payment service provider shall refund the consumer the full amount of the fraudulent authorised payment transaction under the condition that the consumer has, without any delay, notified its payment service provider. Upon receival of the notification, payment service providers shall inform the consumer if a reported of the fraud case to the police and notified its payment service provideris required to further process the consumer's claim.
2023/12/04
Committee: ECON
Amendment 404 #

2023/0210(COD)

Proposal for a regulation
Article 59 – paragraph 2 – introductory part
2. WThe payer’s payment service provider shall refund the payer the amount of the transaction immediately, and in any event no later than by the end of the following business day, after noting or being notified of the manipulation of the transaction, except where the payer’s payment service provider has reasonable grounds to suspect a fraud or a gross negligence by the consumer and communicates those grounds to the relevant national authority in writing. Where the payer’s payment service provider had reasonable grounds for suspecting fraud or a gross negligence by the consumer, within 10 business days after noting or being notified of the fraudulent authorised payment transaction, the payment service provider shall do either of the following:
2023/12/04
Committee: ECON
Amendment 410 #

2023/0210(COD)

Proposal for a regulation
Article 59 – paragraph 2 – point b
(b) where the payment service provider has reasonable grounds to suspect a fraud or a gross negligence by the consumer, provide aproof to the relevant national authority that the consumer has acted fraudulently or with gross negligence and provide to the payer a substantiated justification for refusing the refund and indicate to the consumer the bodies to which the consumer may refer the matter in accordance with Articles 90, 91, 93, 94 and 95 if the consumer does not accept the reasons provided.
2023/12/04
Committee: ECON
Amendment 418 #

2023/0210(COD)

Proposal for a regulation
Article 59 – paragraph 5
5. Where informed by a payment service provider of the occurrence of the type of fraud as referred to in paragraph 1, electronic communications services providers shall cooperate closely with payment service providers and act swiftly to ensure that appropriate organizational and technical measures are in place to safeguard the security and confidentiality of communications in accordance with Directive 2002/58/EC, including with regard to calling line identification and electronic mail address. Where informed by a payment service provider of the occurrence of the type of fraud as referred to in paragraph 1, online platforms and online search engines as defined in Regulation 2022/2065/EU [Digital Services Act] shall cooperate closely with payment service providers and act swiftly in removing fraudulent content from their websites.
2023/12/04
Committee: ECON
Amendment 424 #

2023/0210(COD)

Proposal for a regulation
Article 59 – paragraph 5 a (new)
5 a. Where the payment service provider is liable to the payment service user pursuant to paragraph 1 resulting from an act or omission by a trader, the supplier shall be entitled to pursue remedies against the trader liable. The trader against whom the payment service provider may pursue remedies, and the relevant actions and conditions of exercising that pursuit of remedies, shall be determined by national law.
2023/12/04
Committee: ECON
Amendment 427 #

2023/0210(COD)

Proposal for a regulation
Article 60 – paragraph 1 – subparagraph 2 – point a
(a) the loss, theft or misappropriation of a payment instrument or security credentials was not detectable to the payer prior to a payment, except where the payer has acted fraudulently; or
2023/12/04
Committee: ECON
Amendment 428 #

2023/0210(COD)

Proposal for a regulation
Article 60 – paragraph 1 a (new)
1 a. Where the payer’s payment service provider has reasonable grounds for suspecting fraud or a gross negligence by the consumer, within 10 business days after noting or being notified of the fraudulent authorised payment transaction, the payment service provider shall do either of the following: (a) refund the consumer the amount of the fraudulent authorised payment transaction; (b) where the payment service provider continues to have reasonable grounds to suspect a fraud or a gross negligence by the consumer, provide proof to the relevant national authority that the consumer has acted fraudulently or with gross negligence and provide to the payer a substantiated justification for refusing the refund and indicate to the consumer the bodies to which the consumer may refer the matter in accordance with Articles 90, 91, 93, 94 and 95 if the consumer does not accept the reasons provided.
2023/12/04
Committee: ECON
Amendment 429 #

2023/0210(COD)

Proposal for a regulation
Article 60 – paragraph 4 a (new)
4 a. By [ OP please insert the date= 12 months after the date of entry into force of this Regulation] the European Banking Authority shall issue guidelines on how the concept of gross negligence is to be interpreted for the purposes of this Regulation.
2023/12/04
Committee: ECON
Amendment 446 #

2023/0210(COD)

Proposal for a regulation
Article 80 – paragraph 1 – introductory part
Payment systems and payment service providers shall be allowed to process special categories of personal data as referred to in Article 9(1) of Regulation (EU) 2016/679 and Article 10(1) of Regulation (EU) 2018/1725 to the extent necessary for the provision of payment services and for compliance with obligations under this Regulation, in the public interest of the well-functioning of the internal market for payment services, subject to appropriate safeguards for the fundamental rights and freedoms of natural persons, including the following:when necessary to safeguard the prevention, investigation and detection of payment fraud. The provision of information to individuals about the processing of personal data and the processing of such personal data and any other processing of personal data for the purposes of this Directive shall be carried out in accordance with Regulation (EU) 2016/679.
2023/12/04
Committee: ECON
Amendment 447 #

2023/0210(COD)

Proposal for a regulation
Article 80 – paragraph 1 – point a
(a) technical measures to ensure compliance with the principles of purpose limitation, data minimisation and storage limitation, as laid down in Regulation (EU) 2016/679, including technical limitations on the re-use of data and use of state-of-the-art security and privacy- preserving measures, including pseudonymisation, or encryption;deleted
2023/12/04
Committee: ECON
Amendment 448 #

2023/0210(COD)

Proposal for a regulation
Article 80 – paragraph 1 – point b
(b) organizational measures, including training on processing special categories of data, limiting access to special categories of data and recording such access.deleted
2023/12/04
Committee: ECON
Amendment 449 #

2023/0210(COD)

Proposal for a regulation
Article 80 – paragraph 1 a (new)
Payment service providers shall only access, process and retain personal data necessary for the provision of their payment services, with the explicit consent of the payment service user.
2023/12/04
Committee: ECON
Amendment 450 #

2023/0210(COD)

Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 1
Payment service providers and e-wallet providers shall establish a framework with appropriate mitigation measures and control mechanisms to manage operational and security risks relating to the payment services they provide. As part of that framework, payment service providers shall establish and maintain effective incident management procedures, including for the detection and classification of major operational and security incidents.
2023/12/04
Committee: ECON
Amendment 451 #

2023/0210(COD)

Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 2 – point b
(b) account information service providers and e-wallet providers referred to in Article 36(1) of Directive (EU) (PSD3); and
2023/12/04
Committee: ECON
Amendment 452 #

2023/0210(COD)

Proposal for a regulation
Article 82 – paragraph 1 – subparagraph 1 (new)
Statistical data sets on fraud shall include the number and value of reimbursed fraudulent transactions.Where reimbursement has been refused, payment service providers shall provide the reason for the rejection such as stipulating that the consumer has acted fraudulently or with gross negligence.
2023/12/04
Committee: ECON
Amendment 453 #

2023/0210(COD)

Proposal for a regulation
Article 82 – paragraph 1 a (new)
1 a. National competent authorities, the European Banking Authority and the European Central Bank shall publish the statistical data in aggregated form at least on a yearly basis.
2023/12/04
Committee: ECON
Amendment 470 #

2023/0210(COD)

Proposal for a regulation
Article 83 – paragraph 3
3. To the extent necessary to comply with paragraph 1, point (c), payment service providers mayshall exchange the unique identifier of a payee with other payment service providers who are subject to information sharing arrangements as referred to in paragraph 5, when the payment service provider has sufficient evidence to assume that there was a fraudulent payment transaction. Sufficient evidence for sharing unique identifiers shall be assumed when at least two different payment services users who are customers of the same payment service provider or a consumer organisation have informed that a unique identifier of a payee was used to make a fraudulent credit transfer. Payment service providers shall not keep unique identifiers obtained following the information exchange referred to in this paragraph and paragraph 5 for longer than it is necessary for the purposes laid down in paragraph 1, point (c).
2023/12/04
Committee: ECON
Amendment 478 #

2023/0210(COD)

Proposal for a regulation
Article 83 – paragraph 4
4. The information sharing arrangements shall define details for participation and shall set out the details on operational elements, including the use of dedicated IT platforms. Before concluding such arrangements, payment service providers shall conduct jointly a data protection impact assessment as referred to in Article 35 of the Regulation (EU) 2016/679 and, where applicable, carry out prior consultation of the supervisory authority as referred to in Article 36 of that Regulation. The information sharing arrangements shall be concluded by [OP please insert the date = 12 months after the date of entry into force of this Regulation].
2023/12/04
Committee: ECON
Amendment 482 #

2023/0210(COD)

Proposal for a regulation
Article 83 – paragraph 4 a (new)
4 a. To facilitate the exchange of unique identifier of a payee with other payment service providers, the European Banking Authority shall set up a dedicated IT platform allowing payment service providers to exchange unique identifiers of a payee who were used to make a fraudulent credit transfer by [OP please insert the date = 12 months after the date of entry into force of this Regulation].
2023/12/04
Committee: ECON
Amendment 486 #

2023/0210(COD)

Proposal for a regulation
Article 83 – paragraph 5 a (new)
5 a. Where payment fraud originates in the publication of fraudulent content online, payment service providers shall, without undue delay, inform providers of hosting services following the procedure laid down in Article 16 of Regulation (EU) 2022/2065 [Digital Services Act].
2023/12/04
Committee: ECON
Amendment 487 #

2023/0210(COD)

Proposal for a regulation
Article 83 – paragraph 5 b (new)
5 b. Where the payer’s payment service provider fails to block a transaction to an IBAN identified as fraudulent as set out in this Article, the payer shall not bear any financial losses unless the payer has acted fraudulently.
2023/12/04
Committee: ECON
Amendment 492 #

2023/0210(COD)

Proposal for a regulation
Article 83 – paragraph 6 a (new)
6 a. The burden of proof shall lie with the payment service providers to prove that they have complied with the requirements under this article.
2023/12/04
Committee: ECON
Amendment 495 #

2023/0210(COD)

Proposal for a regulation
Article 84 a (new)
Article 84a Payment service providers and electronic communications services providers obligations in preventing impersonation fraud 1. Payment service providers, in cooperation with electronic communications services providers, shall take adequate prevention and robust technical safeguards to prevent cases where fraudsters replicate and misuse the payment service provider's name, mail address or telephone number for misleading payment service users into making fraudulent transactions. 2. Electronic communications services providers shall cooperate with payment service providers to ensure that appropriate organizational and technical measures are in place to safeguard the security and confidentiality of communications in accordance with Directive 2002/58/EC, including with regard to calling line identification and electronic mail address.
2023/12/04
Committee: ECON
Amendment 517 #

2023/0210(COD)

Proposal for a regulation
Article 85 – paragraph 12
12. The two or more elements referred to in Article 3, point (35), on which strong customer authentication shall be based do not necessarily need to belong toshall belong to at least 2 different categories, as long asnd their independence ishall be fully preserved.
2023/12/04
Committee: ECON
Amendment 532 #

2023/0210(COD)

Proposal for a regulation
Article 88 – paragraph 2
2. Payment services providers shall not make the performance of strong customer authentication dependant on the exclusive use of a single means of authentication and shall not make the performance of strong customer authentication depend, explicitly or implicitly, on the possession of a smartphone or other smart devices. Payment services providers shall develop a diversity of means for application of strong customer authentication to cater for the specific situation of all their customers.
2023/12/04
Committee: ECON
Amendment 534 #

2023/0210(COD)

Proposal for a regulation
Article 88 – paragraph 2 a (new)
2 a. All means of authentication shall be provided free of charge.
2023/12/04
Committee: ECON
Amendment 547 #

2023/0210(COD)

Proposal for a regulation
Article 94 – paragraph 2 – subparagraph 1
Payment service providers shall make every possible effort to reply, on paper or, if agreed between the payment service provider and the payment service user, on another durable medium, to the payment service users’ complaints. Such a reply shall address all points raised, within an adequate timeframe and at the latest within 15 business days of receipt of the complaint. In exceptional situations, if the answer cannot be given within 15 business days for reasons beyond the control of the payment service provider, it shall send a holding reply, clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which the payment service user will receive the final reply. In any event, the deadline for receiving the final reply shall not exceed 35 business days.
2023/12/04
Committee: ECON
Amendment 548 #

2023/0210(COD)

Proposal for a regulation
Article 95 – paragraph 1 a (new)
1 a. The participation of payment service providers in out-of-court dispute settlement mechanisms for consumers shall be mandatory unless the Member State demonstrates to the Commission that other mechanisms are equally effective.
2023/12/04
Committee: ECON
Amendment 552 #

2023/0210(COD)

Proposal for a regulation
Article 99 a (new)
Article 99a Consumers shall have access to proportionate and effective remedies, including compensation for damage suffered by the consumer. Those remedies shall be without prejudice to the application of other remedies available to consumers under Union or national law. In the event of failure by the payment service provider to comply with the rules laid down in this Regulation, the amounts due shall bear interest at the statutory rate plus five percentage points. If the payment is more than seven days late, the amount due shall bear interest at the statutory rate plus ten percentage points. If the payment is more than 30 days late, the amount due shall bear interest at the statutory rate plus 15 percentage points.
2023/12/04
Committee: ECON
Amendment 553 #

2023/0210(COD)

Proposal for a regulation
Article 104 a (new)
Article 104a Product intervention by competent authorities 1. A competent authority may prohibit or restrict a certain type or a specific feature of a payment service or instrument or an electronic money service. 2. A competent authority may take the action referred to in paragraph 1 if it is satisfied on reasonable grounds that: (a) the proposed action addresses a significant number of payment services users or holders of electronic money or a threat to the orderly functioning of the payment or electronic money markets, and the integrity of those markets or to the stability of the whole or part of these markets in the Union; (b) regulatory requirements under Union law that are applicable to the relevant payments service or electronic money service do not address the threat; (c) the action is proportionate taking into account the nature of the risks identified and the likely effect of the action on payment services users or holders of electronic money who may use or benefit from the payment or electronic money service; (d) the competent authority has properly consulted competent authorities in other Member States that may be significantly affected by the action; (e) the action does not have a discriminatory effect on services or activities provided from another Member State. 3. Where the conditions set out in the first subparagraph are fulfilled, the competent authority may impose the prohibition or restriction referred to in paragraph 1 on a precautionary basis before a payment service or electronic money service has been marketed, distributed or sold to clients. A prohibition or restriction may apply in circumstances, or be subject to exceptions, specified by the competent authority. 4. The competent authority shall not impose a prohibition or restriction under this Article unless, not less than one month before the measure is intended to take effect, it has notified all other competent authorities and EBA in writing or through another medium agreed between the authorities the details of: (a) the payment service or electronic money service to which the proposed action relates; (b) the precise nature of the proposed prohibition or restriction and when it is intended to take effect; and (c) the evidence upon which it has based its decision and upon which it is satisfied that each of the conditions in paragraph 2 are met. 5. In exceptional cases where the competent authority deems it necessary to take urgent action under this Article in order to prevent detriment arising from the payment service or electronic money service referred to in paragraph 1, the competent authority may take action on a provisional basis with no less than 24 hours’ written notice, before the measure is intended to take effect, to all other competent authorities and EBA, provided that all the criteria in this Article are met and that, in addition, it is clearly established that a one month notification period would not adequately address the specific concern or threat. The competent authority shall not take action on a provisional basis for a period exceeding three months. 6. The competent authority shall publish on its website notice of any decision to impose any prohibition or restriction referred to in paragraph 1. The notice shall specify details of the prohibition or restriction, a time after the publication of the notice from which the measures will take effect and the evidence upon which it is satisfied each of the conditions in paragraph 2 are met. The prohibition or restriction shall only apply in relation to actions taken after the publication of the notice 7. The competent authority shall revoke a prohibition or restriction if the conditions in paragraph 2 no longer apply. 8. The Commission shall adopt delegated acts in accordance with Article 50 specifying criteria and factors to be taken into account by competent authorities in determining when there is a significant consumer protection concern or a threat to the orderly functioning and integrity of the payment and electronic money markets for the purposes of paragraph 2, first subparagraph, point (a). Those criteria and factors shall include: (a) the degree of complexity of a payment or electronic money service and the relation to the type of user to whom it is marketed, distributed and sold; (b) the degree of innovation of a payment service or instrument or electronic money service.
2023/12/04
Committee: ECON
Amendment 112 #

2023/0209(COD)

Proposal for a directive
Article 37 – paragraph 1 – point b
(b) the amount of cash provided does not exceed EUR 5100 per withdrawal.
2023/12/04
Committee: ECON
Amendment 116 #

2023/0209(COD)

Proposal for a directive
Article 38 – paragraph 4 a (new)
4 a. The natural or legal persons providing the services referred to in paragraph 1 of this Article shall comply with the requirements on transparency of fees and charges laid down in Article 7 of Regulation XXX (Payment Services Regulation), and in particular shall ensure that such fees and charges are displayed at the initiation of the provision of the services.
2023/12/04
Committee: ECON
Amendment 190 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2014/65/EU
Article 4 – paragraph 1 – point 5 a (new)
(5a) ‘execution-only order’ means an order received from a client or transmitted on behalf of a client without prior assessment of the suitability of the transaction with regard to the client’s investment objectives and needs, or existing portfolios.
2023/11/09
Committee: ECON
Amendment 233 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 1 – point e
(e) in relation to financial instruments falling under the definition of packaged retail investment products in accordance with Article 4(1) of Regulation (EU) No 1286/2014 of the European Parliament and of the Council*, a clear identification and quantification of all costs and charges related to the financial instrument, an assessment of whether any of the identified costs and charges may be considered undue and an assessment of whether those costs and charges are justified and proportionate, having regard to the characteristics, objectives and, if relevant, strategy of the financial instrument, and its performance (‘pricing process’).
2023/11/09
Committee: ECON
Amendment 289 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2014/65/EU
Article 16–a – paragraph 4 – subparagraph 2 – point a a (new)
(aa) ascertain the absence in the product of any costs that may be deemed undue;
2023/11/09
Committee: ECON
Amendment 390 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9
(ba) the circumstances in which costs should be considered as undue, taking due account of the specificities of the different types of packaged retail investment products.
2023/11/09
Committee: ECON
Amendment 403 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Directive 2014/65/EU
Article 23
(11a) Article 23 is amended as follows: "Article 23 Conflicts of interest 1. Member States shall require investment firms to take all appropriate steps to identify and to prevent or manage conflicts of interest between themselves, including their managers, employees and tied agents, or any person directly or indirectly linked to them by control and their clients or between one client and another that arise in the course of providing any investment and ancillary services, or combinations thereof, including those caused by the receipt of inducements from third parties or by the investment firm’s own remuneration and other incentive structures. 2. Where organisational or administrative arrangements made by the investment firm in accordance with Article 16(3) to prevent conflicts of interest from adversely affecting the interest of its client are not sufficient to ensure, with reasonable confidence, that risks of damage to client interests will be prevented, the investment firm shall clearly disclose to the client the general nature and/or sources of conflicts of interest and the steps taken to mitigate those risks before undertaking business on its behalf. 3. The disclosure referred to in paragraph 2 shall: (a) be made in a durable medium; and (b) include sufficient detail, taking into account the nature of the client, to enable that client to take an informed decision with respect to the service in the context of which the conflict of interest arises. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 to: (a) define the steps that investment firms might reasonably be expected to take to identify, prevent, manage and disclose conflicts of interest when providing various investment and ancillary services and combinations thereof; (b) establish appropriate criteria for determining the types of conflict of interest whose existence may damage the interests of the clients or potential clients of the investment firm. "
2023/11/09
Committee: ECON
Amendment 417 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2014/65/EU
Article 24 – paragraph 1 a – point b
(b) to recommend the most cost- efficient financial instruments, with reference to the relevant benchmark, where available, on costs and performance published by ESMA in accordance with Article 16-a(9), among financial instruments identified as suitable to the client pursuant to Article 25(2) and offering similar features;
2023/11/09
Committee: ECON
Amendment 426 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2014/65/EU
Article 24 – paragraph 1 a – point c
(c) to recommend, among the range of financial instruments identified as suitable to the client pursuant to Article 25(2), a product least orne products without any additional features that are not necessary to the achievement of the client’s investment objectives and tha, unless those additional features do not give rise to extra costs.; for the client
2023/11/09
Committee: ECON
Amendment 428 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2014/65/EU
Article 24 – paragraph 1 a – point c a (new)
(ca) to recommend, among the range of financial instruments identified as suitable to the client pursuant to Article 25(2) at least one product that has sustainable investment as its objective as defined in Article 9 of Regulation (EU) 2019/2088, unless the client has explicitly indicated that they do not have any sustainability preferences as defined in Article 2(7) of Delegated Regulation (EU) 2017/565.
2023/11/09
Committee: ECON
Amendment 455 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2014/65/EU
Article 24 – paragraph 5c – subparagraph 2
ESMA shall, by [18 months after the entry into force of the amending Directive], develop, and update periodically, guidelineregulatory technical standards on the concept of particularly risky financial instruments taking due account of the specificities of the different types of instruments.
2023/11/09
Committee: ECON
Amendment 464 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 – point h a (new)
Directive 2014/65/EU
Article 24 – paragraph 7
(ha) Article 24, paragraph 7 is replaced by the following: "7. Where an investment firm informs the client that investment advice is provided on an independent basis, that investment firm shall: (a) assess a sufficient range of financial instruments available on the market which must be sufficiently diverse with regard to their type and issuers or product providers to ensure that the client’s investment objectives can be suitably met and must not be limited to financial instruments issued or provided by: (i) the investment firm itself or by entities having close links with the investment firm; or (ii) other entities with which the investment firm has such close legal or economic relationships, such as contractual relationships, as to pose a risk of impairing the independent basis of the advice provided; (b) not accept and retain fees, commissions or any monetary or non-monetary benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to clients in line with Article 24a. Minor non- monetary benefits that are capable of enhancing the quality of service provided to a client and are of a scale and nature such that they could not be judged to impair compliance with the investment firm’s duty to act in the best interest of the clientof a total value below EUR 100 per annum must be clearly disclosed and are excluded from this point. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02014L0065-20230323)" Or. en
2023/11/09
Committee: ECON
Amendment 471 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – title
IProhibition of inducements
2023/11/09
Committee: ECON
Amendment 473 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 1
1. Member States shall ensure that investment firms, when providing portfolio management, do not pay or receive any fee or commission, or provide or are provided with any non-monetary benefit, in connec, when providing investment advice, portfolio management, or in relation to transactions that are execution-only orders , investment firms: (a) shall only be remunerated through charges payable by or on behalf of the client, and shall not solicit or accept any other payments or benefits in relation to these services, regardless of whether they intend to refund the payments or pass the benefits on to the retail client; (b) shall not accept or receive fees, commissions or any benefits paid or provided by any third party of a person acting on behalf of a third party in relation withto the provision of suchthe service, to or by any party except the client or a person on behalf ofthe clients; (c) shall not incentivise staff to recommend a particular financial instrument to a retail client when the firm could offer another that would better meet theat client’s needs.
2023/11/09
Committee: ECON
Amendment 483 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 2
2. Member States shall ensure that investment firms, when providing reception and transmission of orders or execution of orders to or on behalf of retail clients, do not pay or receive any fee or commission, or provide or are provided with any non-monetary benefit in connection with the provision of such services, to or from any third-party responsible for the creation, development, issuance or design of any financial instrument on which the firm provides such execution or reception and transmission services, or any person acting on behalf of that third-party.deleted
2023/11/09
Committee: ECON
Amendment 498 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 3
3. Paragraph 2 shall not apply to investment firms, when providing investment advice on a non-independent basis relating to one or more transactions of that client covered by that advice.deleted
2023/11/09
Committee: ECON
Amendment 502 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 4
4. Paragraph 2 shall not apply to fees or any other remuneration received from or paid to an issuer by an investment firm performing for that issuer one of the services referred to in Annex I, Section A, points 6 and 7, where the investment firm also provides to retail clients any of the investment services referred to in paragraph 2 and relating to the financial instruments subject to the placing or underwriting services. This paragraph shall not apply to financial instruments that are packaged retail investment products as referred to Article 4, point (1), of Regulation (EU) No 1286/2014.deleted
2023/11/09
Committee: ECON
Amendment 506 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 4 – subparagraph 1
Paragraph 2 shall not apply to fees or any other remuneration received from or paid to an issuer by an investment firm performing for that issuer one of the services referred to in Annex I, Section A, points 6 and 7, where the investment firm also provides to retail clients any of the investment services referred to in paragraph 2 and relating to the financial instruments subject to the placing or underwriting services.deleted
2023/11/09
Committee: ECON
Amendment 515 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
5. Paragraphs 1 and 2 shall not apply to the minor non-monetary benefits of a total value below EUR 100 per annum or of a scale and nature such that they could not be judged to impair compliance with the investment firm’s duty to act in the best interest of the client, provided that they have been clearly disclosed to the client.
2023/11/09
Committee: ECON
Amendment 522 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 7
7. Where the investment firm is not prohibited from getting or paying fees or benefits, from or to a third-party, in connection with services provided to its clients, it shall ensure that the reception or payment of such fees or benefits does not impair compliance with the investment firm’s duty to act honestly, fairly and professionally in accordance with the best interest of its clients. The existence, nature and amount of such third-party payment(s) shall be disclosed in accordance with Article 24b(1). Where applicable, the investment firm shall also inform the client on mechanisms for transferring to the client the fee, commission, monetary or non- monetary benefit received in relation to the provision of the investment or ancillary service. The payment or benefit which enables or is necessary for the provision of investment services, such as custody costs, settlement and exchange fees, regulatory levies or legal fees, and which by its nature cannot give rise to conflicts with the investment firm’s duties to act honestly, fairly and professionally in accordance with the best interests of its clients, is not subject to the requirements set out in the first subparagraph.deleted
2023/11/09
Committee: ECON
Amendment 524 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 7 – subparagraph 1
Where the investment firm is not prohibited from getting or paying fees or benefits, from or to a third-party, in connection with services provided to its clients, it shall ensure that the reception or payment of such fees or benefits does not impair compliance with the investment firm’s duty to act honestly, fairly and professionally in accordance with the best interest of its clients. The existence, nature and amount of such third-party payment(s) shall be disclosed in accordance with Article 24b(1).deleted
2023/11/09
Committee: ECON
Amendment 525 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 7 – subparagraph 2
Where applicable, the investment firm shall also inform the client on mechanisms for transferring to the client the fee, commission, monetary or non- monetary benefit received in relation to the provision of the investment or ancillary service.deleted
2023/11/09
Committee: ECON
Amendment 526 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a, paragraph 7 – subparagraph 3
The payment or benefit which enables or is necessary for the provision of investment services, such as custody costs, settlement and exchange fees, regulatory levies or legal fees, and which by its nature cannot give rise to conflicts with the investment firm’s duties to act honestly, fairly and professionally in accordance with the best interests of its clients, is not subject to the requirements set out in the first subparagraph.deleted
2023/11/09
Committee: ECON
Amendment 531 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24a – paragraph 8
8. Three years after the date of entry into force of Directive (EU) [OP Please introduce the number of the amending Directive] and after having consulted ESMA and EIOPA, the Commission shall assess the effects of third-party payments on retail investors, in particular in view of potential conflicts of interest and as regards the availability of independent advice, the evolution of retail investor participation in capital markets, and costs of packaged retail investment products and shall evaluate the impact of the relevant provisions of Directive (EU) [OP Please introduce the number of the amending Directive] on it. If necessary to prevent consumer detriment, the Commission shall propose legislative amendments to the European Parliament and the Council. As of one year after the date of transposition of Directive (EU) [OP Please introduce the number of the amending Directive], ESMA shall report on the evolution of potential conflicts of interest, availability of independent advice, retail investor participation in capital markets and costs of packaged retail investment products. As of the date of transposition of the Directive, ESMA shall report annually on the market impact of the provisions of this Article.
2023/11/09
Committee: ECON
Amendment 634 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
The Commission is empowered to amend this Directive by adopting a delegated act in accordance with Article 89, to review, where necessary, the requirements set out in Annex V.;
2023/11/09
Committee: ECON
Amendment 635 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2014/65/EU
Article 24d – paragraph 2 a (new)
2a. The Commission is empowered to adopt delegated acts, in accordance with Article 89, to define criteria for assessing effectively the knowledge and competence of natural persons giving investment advice on behalf of an investment firm, criteria to determine the minimum content and scope of professional training and development to be undertaken by such persons, as well as the number of hours of professional training and development to be undertaken by each such natural person beyond the minimum of 15 hours per year where necessary based on the assessment of knowledge and competence. The Commission shall in particular specify the criteria to determine the minimum number of hours to be dedicated by each natural person on sustainable investing as part of their yearly training requirement.
2023/11/09
Committee: ECON
Amendment 644 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Directive 2014/65/EU
Article 25 – paragraph 2 – subparagraph 1
Subject to the second subparagraph, when providing investment advice or portfolio management services, the investment firm shall obtain the necessary information regarding the client or potential client’s knowledge and experience in the investment field relevant to the specific type of product or service, that client’s financial situation, including the composition of any existing portfolios, its ability to bear full or partial losses, investment needs and objectives including sustainability preferences, if any, and risk tolerance, so as to enable the investment firm to recommend to the client or potential client the investment services or financial instruments that are suitable for that person, and, in particular, are in accordance with its risk tolerance, ability to bear losses, its sustainability preferences and need for portfolio diversification.
2023/11/09
Committee: ECON
Amendment 666 #

2023/0167(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 14 – point d
Directive 2014/65/EU
Article 25 – paragraph 8 – point c a (new)
(ca) the criteria for assessing the products being offered or considered in terms of sustainability preferences of the client or potential client.
2023/11/09
Committee: ECON
Amendment 689 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point -a (new)
Directive (EU) 2016/97
Article 2 – paragraph 1 – point 1 a (new)
(-a) Article 2, paragraph 1, point 1a is inserted: (1a) ‘sale without advice’ means the sale of an insurance-based investment product without assessment of the suitability of the insurance-based investment product or, where applicable, its underlying assets with the customer’s investment objectives and needs, or existing portfolios.
2023/11/09
Committee: ECON
Amendment 691 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b b (new)
Directive (EU) 2016/97
Article 2 – paragraph 1 – point 17 a (new)
(bb) Point 17a is inserted ‘(17a) ‘portfolio management’ means managing portfolios within insurance- based investment products in accordance with mandates given by customers on a discretionary customer-by-customer basis where such portfolios include one or more “units” of insurance-based investment products
2023/11/09
Committee: ECON
Amendment 709 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b – point i
Directive 2016/97/EU
Article 10 – paragraph 2 – subparagraph 2
For the purpose of the first subparagraph, home Member States shall have in place and publish mechanisms to control effectively and assess the knowledge and competence of insurance and reinsurance intermediaries, employees of insurance and reinsurance undertakings and employees of insurance and reinsurance intermediaries, as set out in Annex I, based on at least 15 hours of professional training or development per year, taking into account the nature of the products sold, the type of distributor, the role they perform, and the activity carried out within the insurance or reinsurance distributor. The mechanisms should in particular define the minimum number of hours of professional training and development to be dedicated to sustainable investing per year and define in which cases additional hours of professional training and development must be required from an employee or intermediary beyond the minimum of 15 hours per year, based on the assessment of knowledge and competence.
2023/11/09
Committee: ECON
Amendment 710 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 5 – point b – point ii
Directive 2016/97/EU
Article 10 – paragraph 2 – subparagraph 7
The Commission shall be empowered to amend this Directive by adopting delegated acts in accordance with Article 38 to review, where necessary, the requirements set out in Annex I.; The Commission shall, by means of delegated acts in accordance with Article 38, define minimum criteria to be used for controlling effectively and assessing the knowledge and competence of insurance and reinsurance intermediaries, employees of insurance and reinsurance undertakings and employees of insurance and reinsurance intermediaries, criteria to determine the minimum content and scope of professional training and development to be undertaken by such intermediaries and employees beyond as well as the number of hours of professional training and development to be undertaken by each such natural person beyond the minimum of 15 hours per year where those are necessary based on the assessment of knowledge and competence. The Commission shall in particular specify in these delegated acts the criteria to determine the minimum number of hours to be dedicated by each natural person on sustainable investing as part of their yearly training requirement.
2023/11/09
Committee: ECON
Amendment 742 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 16
Directive 2016/97/EU
Article 25 – paragraph 1 – subparagraph 2 – point f
(f) in relation to insurance-based investment products, a clear identification and quantification of all costs and charges related to the product and an assessment of whether these costs and charges are justified and proportionate, an assessment of whether any of the identified costs and charges may be deemed undue having regard to the characteristics, objectives, strategy and performance of the product, as well as the guarantees and insurance coverage of biometric and other risks (pricing process);
2023/11/09
Committee: ECON
Amendment 764 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 16
Directive 2016/97/EU
Article 25 – paragraph 2
2. When an insurance-based investment product which deviates from the relevant benchmark referred to in paragraph 8, the manufacturer shall perform additional testing and further assessments and establish whether costs and charges are nevertheless justified and proportionate. If justification and proportionality of costs and charges cannot be demonstrated, or if undue costs are identified the insurance-based investment product shall not be approved by the manufacturer. Where no relevant benchmark exists for an insurance-based investment product, a manufacturer shall approve the product only if it has established through product testing and assessments that the costs and charges are justified and proportionate and that the product meets the target market’s objectives and needs.
2023/11/09
Committee: ECON
Amendment 778 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 16
Directive 2016/97/EU
Article 25 – paragraph 5 – subparagraph 2 – point b a (new)
(ba) ascertain the absence in the product of any costs that may be deemed undue;
2023/11/09
Committee: ECON
Amendment 800 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 16
Directive 2016/97/EU
Article 25 – paragraph 6
6. When an insurance-based investment product deviates from the relevant benchmark referred to in paragraph 8, the insurance intermediary or insurance undertaking distributing insurance-based investment products shall perform additional testing and further assessments and establish whether costs and charges are nevertheless justified and proportionate. If justification and proportionality of costs and charges cannot be demonstrated or if undue/ineligible costs are identified, the insurance intermediary or insurance undertaking shall not advise on or propose the insurance- based investment product to retail customers. Where no relevant benchmark exists for an insurance-based investment product, distributors shall only advise on or propose the product, if they have established through product testing and assessments that the costs and charges are justified and proportionate and that the product meets the target market’s objectives and needs.
2023/11/09
Committee: ECON
Amendment 928 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 20
Directive 2016/97/EU
Article 29 – paragraph 5 – subparagraph 2
EIOPA shall, by [18 months after the entry into force of the amending Directive], develop, and update periodically, guidelineregulatory technical standards on the concept of particularly risky insurance- based investment products and specifying the format and content of such risk warnings, taking due account of the specificities of the different types of insurance-based investment products.
2023/11/09
Committee: ECON
Amendment 931 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 20
Directive 2016/97/EU
Article 29 – paragraph 5 – subparagraph 3
EIOPA shall develop regulatory technical standards to further specify the format and content of such risk warnings, taking due account of the specificities of the different types of insurance-based investment products and types of communications.deleted
2023/11/09
Committee: ECON
Amendment 937 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive 2016/97/EU
Article 29 a – title
IProhibition of inducements
2023/11/09
Committee: ECON
Amendment 945 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive 2016/97/EU
Article 29 a – paragraph 1 – subparagraph 1
Member States shall ensure that insurance intermediaries or insurance undertakings that manufacture insurance-based investment products or distribute such products in accordance with Article 30(2) and (3) do not pay or receive any fee or commission, or provide or are provided with any non-monetary benefit with regard to the provision or distribution of an insurance based investment product, to or by any party except the customer or a person on behalf of the customer.
2023/11/09
Committee: ECON
Amendment 947 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive 2016/97/EU
Article 29 a – paragraph 1 – subparagraph 2
The prohibition contained in the first sub- paragraph shall not apply to minor non- monetary benefits of a total value below EUR 100 per annum or of a scale and nature such that those benefits do not impair compliance with the insurance intermediary’s or insurance undertaking’s duty to act in the best interests of their customer provided those benefits have been clearly disclosed to the customer.
2023/11/09
Committee: ECON
Amendment 948 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive 2019/97/EU
Article 29 a – paragraph 1 – subparagraph 3
Any payment or benefit which enables or is necessary for the provision of services, including regulatory levies or legal fees, and which by its nature cannot give rise to conflicts with the insurance intermediary’s or insurance undertaking’s duty to act honestly, fairly and professionally in accordance with the best interests of their customers, shall not be subject to the requirements set out in the first subparagraph.deleted
2023/11/09
Committee: ECON
Amendment 949 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive 2019/97/EU
Article 29 a – paragraph 2
2. Member States shall ensure that insurance intermediaries or insurance undertakings, when distributing insurance-based investment products in accordance with Article 30(1), only receive or pay fees or benefits from or to a third-party on the condition that those insurance intermediaries or insurance undertakings ensure that the reception or payment of such fees or benefits does not impair compliance with their duty to act honestly, fairly and professionally in accordance with the best interests of their customers. Insurance intermediaries and insurance undertakings shall disclose the existence, nature and amount of such third-party payments in accordance with Article 29.deleted
2023/11/09
Committee: ECON
Amendment 952 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive 2019/97/EU
Article 29 a – paragraph 3
3. Member States shall ensure that insurance intermediaries and insurance undertakings shall, where applicable, inform the customer on mechanisms for transferring to the customer any fee, commission, monetary or non-monetary benefit received in relation to the distribution of the insurance-based product.deleted
2023/11/09
Committee: ECON
Amendment 956 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive 2019/97/EU
Article 29 a – paragraph 4 – subparagraph 1
Member States may impose stricter requirements on insurance intermediaries and insurance undertakings in respect of the matters covered by this Article. In particular, Member States may additionally prohibit or further restrict the offer or acceptance of fees, commissions or non-monetary benefits from third parties in relation to the provision of insurance advice.deleted
2023/11/09
Committee: ECON
Amendment 959 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive 2019/97/EU
Article 29 a – paragraph 4 – subparagraph 2
Stricter requirements may include requiring any such fees, commissions or non-monetary benefits to be returned to the customers or offset against fees paid by the customer.deleted
2023/11/09
Committee: ECON
Amendment 960 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive 2019/97/EU
Article 29 a – paragraph 4 – subparagraph 3
The stricter requirements of a Member State referred to in this paragraph shall be complied with by all insurance intermediaries or insurance undertakings, including those operating under the freedom to provide services or the freedom of establishment, when concluding insurance contracts with customers having their habitual residence or establishment in that Member State.deleted
2023/11/09
Committee: ECON
Amendment 965 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive 2019/97/EU
Article 29 a – paragraph 5
5. The Commission shall be empowered to supplement this Directive by adopting delegated acts in accordance with Article 38 to further specify: (a) insurance undertakings are to comply with the principles set out in this Article; (b) compliance of insurance intermediaries and insurance undertakings paying or receiving inducements with the obligation to act honestly, fairly and professionally in accordance with the best interests of the customer.how insurance intermediaries and the criteria for assessing
2023/11/09
Committee: ECON
Amendment 970 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive 2016/97/EU
Article 29 a – paragraph 6
6. Three years after the date of entry into force of Directive (EU) [OP Please introduce the number of the amending Directive] and after having consulted ESMA and EIOPA, the Commission shall assess the effects of third-party payments on retail investors, in particular in view of potential conflicts of interest and as regards the availability of independent advice, the evolution of retail investor participation in capital markets, and costs of insurance- based investment products and shall evaluate the impact of the relevant provisions of Directive (EU) [OP Please introduce the number of the amending Directive] on retail investors. If necessary to prevent consumer detriment, the Commission shall propose legislative amendments to the European Parliament and the Council. As of one year after the date of transposition of Directive (EU) [OP Please introduce the number of the amending Directive], EIOPA shall report on the evolution of potential conflicts of interest, availability of independent advice, retail investor participation in capital markets and costs of insurance- based investment products. As of the date of transposition of the Directive, EIOPA shall report annually on the market impact of the provisions of this Article.
2023/11/09
Committee: ECON
Amendment 1003 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive 2016/97/EU
Article 29 b – paragraph 1 – point c
(c) to recommend, among the range of insurance-based investment products identified as suitable for the customer pursuant to Article 30(1), one or severalat least one insurance-based investment products and, where applicable, underlying investment assets, a product or products, without any additional features that are not necessary to the achievement of the customer’s objectives and thainvestment objectives, unless those additional features do not give rise to extra costs for the customer;
2023/11/09
Committee: ECON
Amendment 1010 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
(d) to recommend anonly insurance-based investment products which insurance cover isare consistent with the customer’s insurance demands and needs.
2023/11/09
Committee: ECON
Amendment 1011 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 21
Directive 2016/97/EU
Article 29 b – paragraph 1 – point d a (new)
(da) to recommend, among the range of insurance based investment products identified as suitable to the client pursuant to Article 30(1) at least one product that has sustainable investment as its objective as defined in Article 9 of Regulation (EU) 2019/2088, unless the client has explicitly indicated that they do not have any sustainability preferences as defined in Article 2(7) of Delegated Regulation (EU) 2017/565.
2023/11/09
Committee: ECON
Amendment 1026 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 22 – point b
Directive 2016/97/EU
Article 30 – paragraph 1 – subparagraph 1
Without prejudice to Article 20(1), when providing advice on insurance-based investment products, the insurance intermediary or insurance undertaking shall obtain the information regarding the customer’s knowledge and experience in the investment field relevant to the specific type of insurance-based investment product or, where applicable, underlying investment assets, offered or demanded, that customer’s financial situation, including the composition of any existing portfolios, its ability to bear full or partial losses, investment needs and objectives, including any sustainability preferences, and risk tolerance, so as to enable the insurance intermediary or the insurance undertaking to recommend to the customer the insurance-based investment products that are suitable for that person and that, in particular, are in accordance with its risk tolerance, ability to bear losses, its sustainability preferences and need for portfolio diversification.
2023/11/09
Committee: ECON
Amendment 1042 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 22 – point b
Directive 2016/97/EU
Article 30 – paragraph 2 – subparagraph 1
Without prejudice to Article 20(1), Member States shall ensure that, where ano advice is given in relation to insurance- based investment products is sold without advice, the insurance intermediary or insurance undertaking shall ask the customer to provide information regarding that person’s knowledge and experience in the investment field relevant to the specific type of insurance-based investment product or, where applicable, underlying investment assets, offered or demanded and the person’s capacity to bear full or partial losses and risk tolerance so as to enable the insurance intermediary or the insurance undertaking to assess whether the insurance-based investment product or products envisaged are appropriate for the customer.
2023/11/09
Committee: ECON
Amendment 1043 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 22 – point d
Directive 2016/97/EU
Article 30 – paragraph 5 a – subparagraph 1
Member States may impose stricter requirements on distributors in respect of the matters covered by this Article. In particular, Member States may make the provision of advice referred to in Article 30 mandatory for the sales of any insurance-based investment products, or for certain types of them.
2023/11/09
Committee: ECON
Amendment 1045 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 22 – point d
Member States shall ensure that their stricter requirements referred to in the first subparagraph are complied with by all insurance intermediaries or insurance undertakings, including those operating under the freedom to provide services or the freedom of establishment, when concluding insurance contracts with customers having their habitual residence or establishment in that Member State. Member States shall ensure that their stricter requirements do not prevent the sales without advice as defined in Article 2(1a) of this Directive.
2023/11/09
Committee: ECON
Amendment 1062 #

2023/0167(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 22 – point e
Directive 2016/97/EU
Article 30 – paragraph 6 –subparagraph 1 – point c a (new)
(ca) the criteria for assessing the insurance- based investment products in terms of sustainability preferences of the costumer.
2023/11/09
Committee: ECON
Amendment 1161 #

2023/0167(COD)

Proposal for a directive
Annex I – point 2 – subpoint 1Directive 2014/65/EU

Annex II –section II.1 – subparagraph 5 – second indent
- the size of the client’s financial instrument portfolio, defined as including cash deposits and financial instruments exceeds EUR 2500 000 on average during the last 3 years,’;
2023/11/09
Committee: ECON
Amendment 38 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 1286/2014
Article 6 – paragraph 2
(3a) Article 6, paragraph 2 is replaced by the following: "2. The key information document shall be a stand-alone document, clearly separate from marketing materials. It shall not contain cross-references to marketing material nor any recommendations to invest. It may contain cross-references to other documents including a prospectus where applicable, and only where the cross-reference is related to the information required to be included in the key information document by this Regulation. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02014R1286-20211221)" Or. en
2023/11/07
Committee: ECON
Amendment 70 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point b
(b) in paragraph 3, point (b) is deleted.
2023/11/07
Committee: ECON
Amendment 71 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b a (new)
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point b a (new)
(ba) the following point (ba) is inserted: (ba) where applicable, a comprehension alert which shall read: ‘You are about to purchase a particularly risky product’;
2023/11/07
Committee: ECON
Amendment 76 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point c – point ii – point 3 a (new)
(3a) the risk level specified as high, medium or low risk;
2023/11/07
Committee: ECON
Amendment 77 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point c – point ii – point 3 b (new)
(3b) a specification of how the manufacturer measures the performance of the PRIIP with regard to their investment objective. This measurement shall include, as a minimum, a comparison with a capital market benchmark and inflation over the recommended holding period;
2023/11/07
Committee: ECON
Amendment 80 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point d
(ca) in paragraph 3, point (d) is amended as follows: "(d) under a section titled ‘What are the risks and what could I get in return?’, a brief description of the risk-reward profile comprising the following elements: (i) a summary risk indicator, supplemented by a narrative explanation of that indicator, its main limitations and a narrative explanation of the risks which are materially relevant to the PRIIP and which are not adequately captured by the summary risk indicator; (ii) the possible maximum loss of invested capital, including, information on:— whether the retail investor can lose all invested capital, or— whether the retail investor bears the risk of incurring additional financial commitments or obligations, including contingent liabilities in addition to the capital invested in the PRIIP, and— where applicable, whether the PRIIP includes capital protection against market risk, and the details of its cover and limitations, in particular with respect to the timing of when it applies; (iii) appropriate performance scenarios, and the assumptions made to produce theminformation on past and expected performance, including: - performance scenarios based on past data of a minimum of 10 years; - performance scenarios based on forward looking forecasts; - assumptions made to produce performance scenarios including warnings of methodological weaknesses and any potential bias in the data used; - comparison of performance with a capital market benchmark and inflation measure specified by the PRIIP’s manufacturer; (iv) where applicable, information on conditions for returns to retail investors or built-in performance caps; (v) a statement that the tax legislation of the retail investor's home Member State may have an impact on the actual payout; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02014R1286-20211221)" Or. en
2023/11/07
Committee: ECON
Amendment 81 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point f
(ca) in paragraph 3, point (f) is amended as follows: "(f) under a section titled ‘What are the costs?’, the costs associated with an investment in the PRIIP, comprising both direct and indirect costs to be borne by the retail investor, including one-off and recurring costs, presented by means of summary indicators of these costs and, to ensure comparability, total aggregate costs expressed in monetary and percentage terms, to show the compound effects of the total costs on the investment. Where applicable, a margin cap for possible returns shall be clearly disclosed as an indirect cost. The section shall also display the actual most recent costs data for the PRIIP. The key information document shall include a clear indication that advisors, distributors or any other person advising on, or selling, the PRIIP will provide information detailing any cost of distribution that is not already included in the costs specified above, so as to enable the retail investor to understand the cumulative effect that these aggregate costs have on the return of the investment; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02014R1286-20211221)" Or. en
2023/11/07
Committee: ECON
Amendment 89 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point ga – point ii a (new)
(iia) the categorisation of the PRIPP under Articles 7, 8 or 9 of Regulation (EU) 2019/2088;
2023/11/07
Committee: ECON
Amendment 92 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point ga – point ii b (new)
(iib) the exposure of the PRIIP to the exploration, production, processing, distribution, storage or combustion of fossil fuels;
2023/11/07
Committee: ECON
Amendment 93 #

2023/0166(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d
Regulation (EU) No 1286/2014
Article 8 – paragraph 3 – point ga – point ii c (new)
(iic) the degree of alignment of the PRIIP with a 1.5°C pathway pursuant to the Paris Agreement;
2023/11/07
Committee: ECON
Amendment 28 #

2023/0085(COD)

Proposal for a directive
Recital 21
(21) Climate-related claims have been shown to be particularly prone to being unclear and ambiguous and to mislead consumers. This relates notably to environmental claims that products or entities are “climate neutral”, “carbon neutral”, “100% CO2 compensated”, or will be “net-zero” by a given year, or similar. Such statements are often based on “offsetting” of greenhouse gas emissions through “carbon credits” generated outside the company’s value chain, for example from forestry or renewable energy projects. The methodologies underpinning offsets vary widely and are not always transparent, accurate, or consistent. This leads to significant risks of overestimations and double counting of avoided or reduced emissions, due to a lack of additionality, permanence, ambitious and dynamic crediting baselines that depart from business as usual, and accurate accounting. These factors result in offset credits of low environmental integrity and credibility that mislead consumers when they are relied upon in explicit environmental claims. Offsetting can also deter traders from emissions reductions in their own operations and value chains. In order to adequately contribute to global climate change mitigation targets, traders should prioritise effective reductions of emissions across their own operations and value chains instead of relying on offsets. Any resulting residual emissions will vary by sector-specific pathway in line with the global climate targets and will have to be addressed through removals enhancements. When offsets are used nonetheless, it is deemed appropriate to address climate- related claims, including claims on futuIt is therefore particularly important to prohibit claims based on gre environmental performance, based house gas emissions offsets in a transparent manner. Therefore, the substantiation of climate- related claims should consider any greenhouse gas emissions offsets used by the traders separately from the trader’s or the product’s greenhouse gas emissions. In addition, this information should also specify the share of total emissions that are addressed through offsetting, whether these offsets relate to emission reductions or removals enhancement, and the methodology applied. The climate-related claims that include the use of offsets have to be substantiated by methodologies that ensure the integrity and correct accounting of these offsets and thus reflect coherently and transparently the resulting impact on the climateting that a product, either a good or service, has a neutral, reduced, or positive impact on the environment in terms of greenhouse gas emissions. Such claims should be prohibited under all circumstances as they mislead consumers into believing that such claims relate to the product itself or the supply and production of that product, or give consumers the false impression that the consumption of that product has no environmental impact when this is not the case. Examples of such claims include ‘climate neutral’, ‘CO2 neutral certified’, ‘carbon positive’, ‘climate net zero’, ‘climate compensated’, ‘reduced climate impact’, ‘limited CO2 footprint’, among others.
2023/10/31
Committee: AGRI
Amendment 38 #

2023/0085(COD)

Proposal for a directive
Recital 31
(31) In order to meet both the needs of traders regarding dynamic marketing strategies and the needs of consumers regarding more detailed, and more accurate, environmental information, the Commission mayshould adopt delegated acts to supplement the provisions on substantiation of explicit environmental claims by further specifying the criteria for such substantiation with regard to certain claims (e.g. climate-related claims, including claims about offsets, “climate neutrality” or similar, recyclability and recycled content). The Commission should be empowered to further establish rules for measuring and calculating the environmental impacts, environmental aspects and environmental performance, by determining which activities, processes, materials, emissions or use of a product or trader contribute significantly or cannot contribute to the relevant environmental impacts and environmental aspects; by determining for which environmental aspects and environmental impacts primary information should be used; and by determining the criteria to assess the accuracy of primary and secondary information. While in most cases the Commission would consider the need for adopting these rules only after having the results of the monitoring of the evolution of environmental claims on the Union market, for some types of claims it may be necessary for the Commission to adopt supplementary rules before the results of this monitoring are available. For example, in case of climate-related claims it may be necessary to adopt such supplementary acts in order to operationalise the provisions on substantiation of claims based on offsets.
2023/10/31
Committee: AGRI
Amendment 39 #

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. The negative externalities of intensive farming including the use of synthetic pesticides and synthetic fertilisers should be integrated before the adoption of PEFCR. As regards textiles, the PEFCR should for example reflect the microplastics release, before the adoption of PEFCR could be considered.
2023/10/31
Committee: AGRI
Amendment 62 #

2023/0085(COD)

Proposal for a directive
Article 1 – title
Subject matter and Scope
2023/10/31
Committee: AGRI
Amendment 63 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph -1 (new)
-1. The purpose of this Directive is to provide for a high level of consumer and environmental protection by approximating the laws, regulations and administrative provisions of the Member States related to environmental claims made on or with reference to products made available on the market or to traders making available products on the market.
2023/10/31
Committee: AGRI
Amendment 76 #

2023/0085(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
(2) ‘explicit environmental claim’ means an environmental claim that is in textual form, or symbolic form, or contained in an environmental label;
2023/10/31
Committee: AGRI
Amendment 82 #

2023/0085(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8
(8) ‘environmental label’ means a sustainability label covering only or predominantly or significant environmental aspects of a product, a process or a trader;
2023/10/31
Committee: AGRI
Amendment 95 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point d
(d) wWhere a claim is made on environmental performance, take into account all environmental aspects or environmental positive or negative impacts which are significant to assessing the environmental performance;
2023/10/31
Committee: AGRI
Amendment 105 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point h
(h) strictly and clearly separate any greenhouse gas emissions offsets used from greenhouse gas emissions as additional environmental information, specify whether those offsets relate to emission reductions or removals, and describe how the offsets relied upon are of the highest integrity, additional and permanent, and accounted for correctly to reflect the claimed impact on climate; only offsetting of greenhouse gas emissions through carbon credits generated inside the company’s value chain shall be taken into account;
2023/10/31
Committee: AGRI
Amendment 111 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 4 – introductory part
4. When the regular monitoring of the evolution of environmental claims referred to in Article 20 reveals differences in the application of the requirements laid down in paragraph 1 for specific claims and such differences create obstacles for the functioning of the internal market, or where the Commission identifies that the absence of requirements for specific claims leads to widespread misleading of consumers, the Commission mayshall adopt delegated acts in accordance with Article 18 to supplement the requirements for substantiation of explicit environmental claims laid down in paragraph 1 by:
2023/10/31
Committee: AGRI
Amendment 121 #

2023/0085(COD)

Proposal for a directive
Article 4 – paragraph 2 a (new)
2a. Claims, based on greenhouse gas emissions offsetting, that a product has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions shall not be made.
2023/10/31
Committee: AGRI
Amendment 122 #

2023/0085(COD)

Proposal for a directive
Article 4 – paragraph 2 b (new)
2b. Claims shall not be made on positive environmental impacts, aspects or performance the achievement of which has led or will lead to significant negative increase of any other environmental impact or aspect, in particular related to climate change, resource consumption and circularity, sustainable use and protection of water and marine resources, pollution, biodiversity and ecosystems.
2023/10/31
Committee: AGRI
Amendment 123 #

2023/0085(COD)

Proposal for a directive
Article 4 – paragraph 2 c (new)
2c. Claims shall not be made on positive environmental impacts, aspects or performance the achievement of which has led or will lead to a significant negative increase of the same environmental impact or aspect in another lifecycle stage of the product or part of the trader.
2023/10/31
Committee: AGRI
Amendment 124 #

2023/0085(COD)

Proposal for a directive
Article 4 – paragraph 2 d (new)
2d. Claims shall not be made for a product when a plant protection product containing one or more active substances approved as candidates for substitution in accordance with Article 24 of Regulation (EC) No 1107/2009 110a of the European Parliament and of the Council, containing one or more active substances listed in the Annex to the Commission Implementing Regulation (EU) 2015/408 110b, has been used. __________________ 110a Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC 110b Commission Implementing Regulation (EU) 2015/408 of 11 March 2015 on implementing Article 80(7) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and establishing a list of candidates for substitution Text with EEA relevance
2023/10/31
Committee: AGRI
Amendment 125 #

2023/0085(COD)

Proposal for a directive
Article 4 – paragraph 2 e (new)
2e. Claims shall not be made for a product when synthetic fertiliser has been used.
2023/10/31
Committee: AGRI
Amendment 126 #

2023/0085(COD)

Proposal for a directive
Article 4 – paragraph 2 f (new)
2f. Where the products contain substances meeting the criteria for the hazard classes laid down in Annex I to Regulation (EC) 1272/2008 of the European Parliament and of the Council110c, whether on their own, in mixtures or in an article, such products are not eligible for environmental claims. __________________ 110c Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006
2023/10/31
Committee: AGRI
Amendment 133 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 5
5. Explicit environmental claims on the cumulative environmental impacts of a product or trader based on an aggregated indicator of environmental impacts can be made only owhen the basis of rules to calculate such aggregated indicator that are established in the Union lawy are based on environmental labels complying with Article 7.
2023/10/31
Committee: AGRI
Amendment 138 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point f
(f) for climate-related explicit environmental claims that rely on greenhouse gas emission offsets inside the company’s value chain, information to which extent they rely on these limited offsets and whether these relate to emissions reductions or removals;
2023/10/31
Committee: AGRI
Amendment 142 #

2023/0085(COD)

Proposal for a directive
Article 7 – paragraph 2
2. Only environmental labels awarded under environmental labelling schemes established under Union lawadopting a scientific and reproducible method, performed by independent organisations complying with the requirements of paragraph 1 of this Article may present a rating or score of a product or trader based on an aggregated indicator of environmental impacts of a product or trader.
2023/10/31
Committee: AGRI
Amendment 144 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 2 – point d
(d) the requirements for the environmental labelling scheme have been developed by experts that can ensure their scientific robustness and have been submitted for consultation to a heterogeneous group of stakeholders that has reviewed them and ensured their relevance from a societal perspective; the methodology is made public;
2023/10/31
Committee: AGRI
Amendment 328 #

2023/0077(COD)

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

2023/0077(COD)

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

2023/0077(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Directive (EU) 2019/944
Article 10 – paragraph 11
(2a) Article 10 paragraph 11 is replaced by the following : Suppliers shall inform the competent authorities and inform residential customers of the existing support measures before any power reduction. These measures may refer to energy audits, energy consultancy services, alternative payment plans, debt management advice, and do not constitute an extra cost to the customers facing a reduction in power.
2023/05/25
Committee: ITRE
Amendment 13 #

2023/0038M(NLE)

Draft opinion
Paragraph 1
1. Welcomes the elimination of tariffs on EU agri-food exports, including key products such as pigmeat (current tariff: 5 %) and wine and sparkling wine (current tariff: 5 %), thereby opening up new business opportunitiesCalls on the Committee on International Trade, as the committee responsible, to propose rejection of the Free Trade Agreement between the European Union and New Zealand;
2023/08/04
Committee: AGRI
Amendment 3 #

2022/2188(INI)

Draft opinion
Recital B
B. whereas the TCA is rightly underpinned by provisions that ensure a level playing field and respect for human rights; whereas these provisions are intended to prevent unfair competition and ensure that both the EU and the UK maintain high standards in areas such as labour rights, environmental protection, taxation and State aid;
2023/06/12
Committee: ECON
Amendment 5 #

2022/2188(INI)

Draft opinion
Recital C a (new)
Ca. whereas equivalence decisions are the only lever the EU has to prevent the UK's deregulation policy from creating an uneven playing field, unfair competition and regulatory arbitrage against the interests of the EU;
2023/06/12
Committee: ECON
Amendment 14 #

2022/2188(INI)

Draft opinion
Paragraph 1
1. Notes that the Subsidy Control Act 1 2022 , which establishes a framework for meeting the UK’s international commitments on subsidy control, including those arising under the TCA, has received Royal Assent after being passed by the UK Parliament; expresses its concern about stated plans to introduce ‘free ports’, which risk contravening these commitments and could constitute impermissible State aid under the TCA2 as national hubs to promote global trade and investments, while ignoring the risks they pose as conduits for money laundering, tax evasion and criminal activity; recalls that the establishment of “Free Ports” would risk contravening these commitments and could constitute impermissible State aid under the TCA2 ; stresses that, due to the secrecy and anonymity they offer, free ports are easily exploited by criminals as a storage for ill- gotten gains and high value goods and should therefore be subject to stringent oversight and due diligence controls; calls for the Commission to monitor the situation closely and commence without delay further infringement proceedings, if necessary; _________________ 1 Legislation.gov.uk, ‘The Subsidy Control Act 2022: Chapter 23’, 28 April 2022. 2 The Financial Times, ‘EU to raise concerns over UK’s freeports scheme’, 30 November 2022.
2023/06/12
Committee: ECON
Amendment 21 #

2022/2188(INI)

Draft opinion
Paragraph 3
3. NoteRegrets the limited nature of the TCA in relation to financial services; recognises that this absence is a consequence of the UK’s unwillingness to discuss other areas of mutual interest as part of the TCA negotiations; notes that there are plans to establish a joint EU-UK financial regulatory forum to facilitate dialogue and cooperation on financial services issues3 ; recalls that this forum would not constitute a formal part of the TCA and will not provide the same level of access or cooperation as a comprehensive financial services agreement; _________________ 3 Reuters, ‘EU restarts work on EU-UK regulatory forum after Northern Ireland deal’, 8 March 2023.
2023/06/12
Committee: ECON
Amendment 23 #

2022/2188(INI)

Draft opinion
Paragraph 4
4. Reiterates the fact that decisions on equivalence are not reciprocal and do not form part of the TCA; nunilateral, discretionary, have a temporary nature, and do not form part of the TCA, although they could require reciprocity; recalls in particular that equivalence decisions are not subject to negotiation and can be amended or revoked at any time depending on third country’s regulatory developments and taking into account any significant financial and consumer risks to the EU; Notes also the UK’s decisions on equivalence in respect of the EU and also in respect of other non-EU countries such as Switzerland, where mutual recognition status has been agreed; rRecalls that decisions on equivalence could benefit EU firms in terms of greater access to the UK market, including for banking and insurance; n, but they could also pose significant risks in terms of financial stability, consumer protection and undermine the level playing field in case of significant regulatory divergences in other areas, including in the field of taxation and anti-money laundering; Notes that the EU has only granted the UK equivalence status in one area - central counterparties - on a time- limited basis, recently extended until 2025; calls for further equivalence decisions to be consideredCalls for further equivalence decisions to be carefully considered in light of future regulatory developments and their implications on financial stability, market integrity, investor and consumer protection and the functioning of the internal market; calls for equivalence decisions to be fully consistent with EU standards and objectives in the area of anti-money laundering and terrorist financing, tax good governance and targeted financial sanctions; nNotes that as of October 2021, the EU had granted 22 equivalence decisions to the United States compared to one in the case of the UK4 ; sSupports the Commission’s position that decisions on equivalence should be made when they are in the EU’s interests; e. Encourages the Commission to discuss further equivalence decisions in a forward- looking and strategic manner in order to provide greater market access benefits to both EU and UK firms; _________________ 4 European Affairs Committee of the House of Lords, ‘1st Report of Session 2022–23: The UK-EUrelationship in, while preserving the level playing field and consistency with EU key objectives in the area of financial services’, 23 June 2022. legislation;
2023/06/12
Committee: ECON
Amendment 28 #

2022/2188(INI)

Draft opinion
Paragraph 4 a (new)
4a. Reiterates its position that in case of concerns about financial stability, market integrity or consumer and investor protection, EU supervisors should be granted direct and enhanced supervisory powers over certain third country entities recognised under the EU equivalence framework;
2023/06/12
Committee: ECON
Amendment 29 #

2022/2188(INI)

Draft opinion
Paragraph 5
5. Is concerned about British government plans to undertake an aggressive deregulatory strategy in the area of financial services legislation and loosen common regulatory and supervisory standards with the aim to strengthen UK role as a financial hub and attract more investments; underlines the potential negative repercussions of such initiatives on the financial stability, market integrity, consumer protection and the level playing field with respect to the EU; Notes the desire of the British Government to adopt divergent regulation from the EU in respect of financial services, including by way of the Financial Services and Markets Bill5 , which proposes to repeal, replace, or amend retained EU law in the area of financial services and to delegate greater responsibility to UK regulators; wunderlines that provisions stemming from the EU law such as the Solvency II Directive and MiFID could be repealed with the adoption of this Bill; stresses the need for continuous monitoring of any possible digression of UK rules from EU standards with a view to avoiding undue competitive advantages and regulatory arbitrage based on regulatory divergence for UK-based undertakings and ensuring a level playing field; Welcomes the EU’s recent progress on legislation in respect of financial services, even where this may result in regulatory divergence from the UK, including with respect to cryptocurrencie- assets, taxonomy, listing, and anti-money laundering; a. Acknowledges that the UK and the EU may adopt different regulatory approaches in the area of financial services and may not necessarily maintain a harmonised regulatory regime; s. Supports the EU's legislative progress in this area, even where this may result in regulatory divergence from the UK; stresses, however, the need and benefits of future regulatory cooperation; _________________ 5 UK Parliament, ‘Financial Services and Markets Bill’, 11 May 2023.and supervisory cooperation;
2023/06/12
Committee: ECON
Amendment 35 #

2022/2188(INI)

Draft opinion
Paragraph 5 a (new)
5a. Notes the ambition of the UK to establish itself as a global centre for digital finance and crypto assets, through a number of regulatory and supervisory initiatives; stresses the importance of developing a coordinated approach and enhanced cooperation in the area of crypto regulation and supervision in order to effectively address and mitigate the risks for consumer protection, market integrity and money laundering, as well as their environmental impact, and in order to prevent regulatory arbitrage;
2023/06/12
Committee: ECON
Amendment 44 #

2022/2188(INI)

Draft opinion
Paragraph 7
7. Supports the aims of the Commission’s proposed review of the European Market Infrastructure Regulation in respect of improving EU-based capacity and infrastructure in the area of euro clearing; recognisewarns that the majority of euro clearing taking place outside the EU represents a strategic risk; recognises alsonotes that any forced relocation could risk disruption, market fragmentation, retaliatory measures, loss of competitiveness and reduced liquidity; calls for the co-legislators to support action in this area in a manner that is effective, proportionate and without disruption; advocates for a balanced approach that addresses the strategic risks of euro clearing outside the EU, while minimising potential disruptions to the market;
2023/06/12
Committee: ECON
Amendment 52 #

2022/2188(INI)

Draft opinion
Paragraph 9
9. Supports continued cooperation between the EU and the UK in areas related to economic and monetary affairs that are of mutual interest, including tackling money laundering, terrorist financing and customs fraud, countering harmful tax regimes, implementing sanctions and promoting global financial stability; stresses that regulatory and supervisory cooperation in these areas is a priority and constitutes an essential condition for ensuring a level playing field;
2023/06/12
Committee: ECON
Amendment 57 #

2022/2188(INI)

Draft opinion
Paragraph 9 a (new)
9a. Regrets that the UK is still allowing “letter box” companies with minimal oversight and transparency on ownership that enables international money laundering and tax avoidance; notes that any stringent rules on the EU side would be undermined if the UK provides easy ways to circumvent them;
2023/06/12
Committee: ECON
Amendment 66 #

2022/2188(INI)

Draft opinion
Paragraph 12
12. Regrets the lack of specific structures for dialogue and engagement between the EU and the UK in the area of financial services and the absence of tax measures in any dispute resolution mechanism or rebalancing mechanism; recalls the commitment, in the first Joint Declaration accompanying the TCA, to signing an MoU on financial services regulatory cooperation between the EU and the UK, which would not be a legal document but would provide a basis for regular, structured engagement and the sharing of information on regulatory developments and supervisory actions as well as analysis on macro-prudential developments, consumer protection and financial stability risks, especially on cross-border issues; notes that this mMemorandum has not yet been signed;
2023/06/12
Committee: ECON
Amendment 70 #

2022/2188(INI)

Draft opinion
Paragraph 12 a (new)
12a. Reiterates that any third country having strong economic ties with the EU is screened by the Council as part of the EU listing process identifying non- cooperative tax jurisdictions for tax purposes; therefore demands that the Council promptly adds the UK to the list of regularly assessed countries to ensure the commitments of the joint political declaration on countering harmful tax regimes are respected;
2023/06/12
Committee: ECON
Amendment 72 #

2022/2188(INI)

Draft opinion
Paragraph 13
13. Welcomes the successful signing of bilateral MoUs between EU and UK regulators and supervisors at both EU and Member State levels, including between the Financial Conduct Authority and the European Banking Authority and the European Securities and Markets Authority, a multilateral MoU with EU and European Economic Area national competent authorities and individual MoUs with national competent authorities9 ; calls for an MoU establishing a forum for regulatory cooperation in the area of financial services between the EU and the UK to be signed in order to preserve financial stability, market integrity, the protection of investors and consumers and a level playing field; recognises that such a mMemorandum would provide a structured platform for addressing any regulatin a timely manner any regulatory and supervisory issues that may arise in the future; _________________ 9 The Financial Conduct Authority, ‘MoUs with European authorities in the areas of securities, investment services and asset management, insurance and pensions, and banking’, 4 January 2021.
2023/06/12
Committee: ECON
Amendment 5 #

2022/2146(INI)

Motion for a resolution
Citation 15 a (new)
– having regard to Council Regulation 2022/1854 of 6 October 2022 on an emergency intervention to address high energy prices;
2023/07/06
Committee: ECON
Amendment 6 #

2022/2146(INI)

Motion for a resolution
Citation 17
– having regard to the state of the union speech by Commission President Ursula von der Leyen at the European Parliament plenary on 19 October 2022 on the preparations for the European Council meeting of 20- 21 Octoberin Septembre 2022,;
2023/07/06
Committee: ECON
Amendment 7 #

2022/2146(INI)

Motion for a resolution
Citation 17 a (new)
– having regard to the 2023 Commission Country reports in its European Semester;
2023/07/06
Committee: ECON
Amendment 8 #

2022/2146(INI)

Motion for a resolution
Citation 17 b (new)
– having regards to the intervention of the European Central Bank (ECB) President Christine Lagarde at the Monetary Dialogue in the European Parliament the 5th June 2023;
2023/07/06
Committee: ECON
Amendment 9 #

2022/2146(INI)

Motion for a resolution
Citation 18 a (new)
– having regards to the Commission's annual report on taxaation 2023; 1a _________________ 1a https://taxation- customs.ec.europa.eu/taxation- 1/economic-analysis-taxation/annual- report-taxation_en
2023/07/06
Committee: ECON
Amendment 10 #

2022/2146(INI)

Motion for a resolution
Citation 19
– having regard to the European Council conclusions of 23 March 2023,deleted
2023/07/06
Committee: ECON
Amendment 11 #

2022/2146(INI)

Motion for a resolution
Citation 19 a (new)
– having regard to its resolution of 29 November 2018 on gender equality and taxation policies in the EU ;1a _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/A-8-2018-0416_EN.html
2023/07/06
Committee: ECON
Amendment 14 #

2022/2146(INI)

Motion for a resolution
Citation 23 a (new)
– having regards to its resolution of 15 June 2023 on the lessons learnt from the Pandora Papers and other revelations;
2023/07/06
Committee: ECON
Amendment 22 #

2022/2146(INI)

Motion for a resolution
Recital A
A. whereas Member States are free to decide on their own economic policies, in particular their own tax policies within the boundaries of the EU Treaties; whereas, although tax policy largely remains a responsibility of the Member States, the single market requires coordination in setting tax policy in order to further single market integration and to avoid harmful tax competition which often leads to a race to the bottom ;
2023/07/06
Committee: ECON
Amendment 34 #

2022/2146(INI)

Motion for a resolution
Recital B
B. whereas some European companies are battling strong headwinds as a result of the current adverse economic and social situationsfacing adverse economic and social situations when others are making windfall profits; whereas growing evidence indicates inflation being partially profit driven ;
2023/07/06
Committee: ECON
Amendment 41 #

2022/2146(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas ExxonMobil, Shell, BP, Chevron, and TotalEnergies, the world’s biggest fossil fuel companies, reported a total of around $200 billion in profits in 2022, nearly 120% more than the previous year, and the highest level in the industry’s history 1a ; _________________ 1a https://www.ft.com/content/fe60488e- 58bb-4cee-bdbb-c915e2155cd6 , https://www.cnbc.com/2023/02/08/big-oil- rakes-in-record-annual-profit-fueling- calls-for-higher-taxes.html
2023/07/06
Committee: ECON
Amendment 43 #

2022/2146(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas these five oil and gas giants together returned $102 billion in profits to benefit their investors, paying out $48 billion in dividends, and spending $54 billion on shares buy-back 1a; whereas at the same time those companies’ capital investments into renewable power and the energy transition remain marginal 2a ; _________________ 1a https://www.globalwitness.org/en/campaig ns/fossil-gas/crisis-year-2022-brought- 134-billion-in-excess-profit-to-the-wests- five-largest-oil-and-gas-companies/ 2a https://www.bloomberg.com/news/articles/ 2023-06-25/big-oil-s-pullback-from-clean- energy-matters-less-than-you-d- think?cmpid=BBD062523_GREENDAIL Y&utm_medium=email&utm_source=ne wsletter&utm_term=230625&utm_campai gn=greendaily≤adSource=uverify%20wall
2023/07/06
Committee: ECON
Amendment 46 #

2022/2146(INI)

Motion for a resolution
Recital B c (new)
Bc. whereas the Council agreed to a temporary solidarity contribution from companies in the crude petroleum, natural gas, coal and refinery sectors, that have earned surplus profits due to the sudden and unpredictable circumstances of Russia’s war of aggression against Ukraine;
2023/07/06
Committee: ECON
Amendment 48 #

2022/2146(INI)

Motion for a resolution
Recital C
C. whereas the BEPS action plan managed to establish a global consensus on many, amongst OECD countries, on some issues regarding the fight against aggressive tax planning; whereas on many other issues the OECD didn’t manage in bringing forward a clear set of recommendations leading to divergences between countries;
2023/07/06
Committee: ECON
Amendment 54 #

2022/2146(INI)

Motion for a resolution
Recital D
D. whereas the EU led by example in transposing international agreements into a high number of tax directives improving coordination and the EU’s fight against aggressive tax planning; whereas some Member States in the Council pushed for a weak implementation of the OECD BEPS action plan; whereas Member State transposed these anti-tax avoidance directives in various ways leading to tax policy fragmentation and new avoidance opportunities;
2023/07/06
Committee: ECON
Amendment 63 #

2022/2146(INI)

Motion for a resolution
Recital E
E. whereas as of 16 December 2022, 138 statejurisdictions, including all EU Member States, had agreed on the reform of the international tax system through a two- pillar solution;
2023/07/06
Committee: ECON
Amendment 72 #

2022/2146(INI)

Motion for a resolution
Recital F
F. whereas tax policy fragmentation creates various obstacles for citizens and companies in the single market, particularly small and medium-sized enterprises (SMEs), workers and self- employed; whereas these obstacles discourage cross-border economic activity and can distort the single market;
2023/07/06
Committee: ECON
Amendment 74 #

2022/2146(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas both the average top statutory corporate income tax rate in EU countries and the effective tax rates on privately owned capital have been on a downwards trend in recent decades while taxes on labour and consumption have increased; whereas taxes as a measure of costs for investment have been declining as well;1a _________________ 1a https://taxation- customs.ec.europa.eu/system/files/2023- 07/ART%20- %20Report%202023_Digital%20Version. pdf
2023/07/06
Committee: ECON
Amendment 78 #

2022/2146(INI)

Motion for a resolution
Recital F b (new)
Fb. Whereas the long-term trends in taxation that have taken place in Member States during the last few decades have weakened the redistributive power of tax systems, which also impacts on gender equality;1a _________________ 1a https://www.europarl.europa.eu/RegData/ etudes/STUD/2017/583138/IPOL_STU(20 17)583138_EN.pdf
2023/07/06
Committee: ECON
Amendment 80 #

2022/2146(INI)

Motion for a resolution
Recital F c (new)
Fc. Whereas tax revenues need to increase to respond to immediate and future challenges such as the climate and biodiversity crisis and the ageing of our population; whereas to respond to the ageing of our population government spending would require, on average, an increase in structural revenue of 8 percentage points of GDP by 2060 to stabilise public debt ratios near recent levels;1a _________________ 1a https://www.oecd- ilibrary.org/docserver/9ce9e8e3- en.pdf?expires=1688473841&id=id∾cna me=ocid194994✓sum=612B246DE8586C 8660AEAACA6DCE6B7E
2023/07/06
Committee: ECON
Amendment 81 #

2022/2146(INI)

Motion for a resolution
Recital F d (new)
Fd. whereas a well functioning corporate income tax is essential to sustain the progressivity of the overall tax system;
2023/07/06
Committee: ECON
Amendment 84 #

2022/2146(INI)

Motion for a resolution
Recital G
G. whereas the debt-equity bias in corporate taxation allows for generous tax deductions on interest payments leading to the debt-equity bias ; whereas tax deductions on interest payments are estimated to cost 245 billion EUR; whereas equity financing costs cannot beare not deducted in a similar manner;
2023/07/06
Committee: ECON
Amendment 92 #

2022/2146(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas to date no comprehensive analytical framework to examine gender implications of corporate taxation exists, one factor causing this research gap is the lack of data;1a _________________ 1a https://www.europarl.europa.eu/RegData/ etudes/STUD/2017/583138/IPOL_STU(20 17)583138_EN.pdf
2023/07/06
Committee: ECON
Amendment 106 #

2022/2146(INI)

Motion for a resolution
Paragraph 1
1. Recalls that EU Member States cooperating on corporate taxation is not a goal in itself, but rather a toola key instrument to complete, improve and further develop the single market while stopping harmful tax competition and profit shifting, fighting against tax avoidance and evasion more effectively as well as facilitating revenue mobilisation in period of crisis such as the recently adopted solidarity contribution;
2023/07/06
Committee: ECON
Amendment 109 #

2022/2146(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Observes that some of the fundamental tax obstacles and distortions in the Internal Market will only be addressed by a substantial harmonisation of corporate taxation in the EU;
2023/07/06
Committee: ECON
Amendment 113 #

2022/2146(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the European Council conclusTakes note of the Commission communications of 2316 March 2023 calling for the general regulatory environment to be simplified and for the administrative burdunderlining that the EU tax framework is key in supporting growth and private investment, in particular by removing tax barriers to cross-border investment; Believes that the EU must generally promote harmonised and efficient to be reduced, and the Commission communication of 16 March 2023 underlining that the EU tax framework is key in supporting growth and private investment, in particular by removing tax barriers to cross-border investmentaxation procedures and reduce legal uncertainty; recommends therefore to lift tax barriers by easing the tax compliance for cross-border businesses, workers and self-employed; warns however against the further decrease of corporate and capital taxation in the EU in light of budgetary pressures, inflation and the urgent need to sustain and even increase revenues, and redistribute more effectively;
2023/07/06
Committee: ECON
Amendment 119 #

2022/2146(INI)

Motion for a resolution
Paragraph 3
3. Underlines that it is paramount to fight aggressive profit shifting while promoting fiscaland achieve fairness, transparency, gender equality and certainty, and while keeping taxes at levels that support sustainableinclusive, societal and economic growthwelfare;
2023/07/06
Committee: ECON
Amendment 126 #

2022/2146(INI)

Motion for a resolution
Paragraph 4
4. Takes note ofWelcomes the numerous tax directives since 2011 that have led to fairer, simpler and more effective corporate taxation in the EU, and to a high number of tax compliance obligations on companies within the EU21 ; _________________ 21 See notably the Anti-Tax Avoidance Directives (ATAD I and ATAD II), the amendments of the Directive on administrative cooperation in the field of taxation (DAC 1 to DAC 7), the revision of the Parent Subsidiary Directive, the EU Dispute Settlement Directive, the Public Country-by-Country Reporting Directive, or the Pillar Two Directive.; Deplores that the Council could not find an agreement on harmonising the corporate income tax base for large companies;
2023/07/06
Committee: ECON
Amendment 136 #

2022/2146(INI)

Motion for a resolution
Paragraph 5
5. Deplores the fact that the Member States have implemented and applied tax directives in a divergent manner, undermining the proper functioning of the single market and leading to misalignment in tax bases, more red tape and higher compliance costs; Observes that the Anti- Tax Avoidance Directive (ATAD) granted too much leeway to Member States resulting in considerable fragmentation of the internal market; Considers that a reduction of the number of options in the directive should lead to a more homogenous anti-avoidance landscape across all Member States;1a 2a _________________ 1a https://www.europarl.europa.eu/RegData/ etudes/STUD/2022/703353/IPOL_STU(20 22)703353_EN.pdf 2a https://www.europarl.europa.eu/RegData/ etudes/STUD/2022/733964/IPOL_STU(20 22)733964_EN.pdf
2023/07/06
Committee: ECON
Amendment 145 #

2022/2146(INI)

Motion for a resolution
Subheading 1
Reducing the burden ofEasing tax compliance oin EU companiesthe EU
2023/07/06
Committee: ECON
Amendment 147 #

2022/2146(INI)

Motion for a resolution
Paragraph 6
6. Notes that the estimated tax compliance costs for large multinational enterprises (MNEs) amount to aboutcompanies in the EU range between 1% and 2 % of taxes paid, while for SMEs the estimate is about 30 % of taxes paid; recalls that European companies, in particularurnover; notes that multinational tax planning can lead to higher tax liabilities for SMEs; Recalls that SMEs, are the main enhancers of economic growth and job creation;
2023/07/06
Committee: ECON
Amendment 152 #

2022/2146(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Observes that in the single market, cross-border activities for workers and the self-employed remain administratively complex from a tax and social security perspective; observes, further, that the increased possibility of telework has exacerbated this problem;
2023/07/06
Committee: ECON
Amendment 153 #

2022/2146(INI)

Motion for a resolution
Paragraph 6 b (new)
6b. Warns against the impact of teleworking on personal income tax and tax residence in the EU; calls on the Commission to take the necessary legislative measures to harmonise or better coordinate the tax residence of individuals and self-employed persons in the EU and the cross-border implications of personal income tax; notes that personal income tax is the biggest source of tax revenue for most EU Member States;
2023/07/06
Committee: ECON
Amendment 154 #

2022/2146(INI)

Motion for a resolution
Paragraph 7
7. Calls on the Commission to present an overall evaluation of actions taken on corporate taxation since 2011 and to immediately ease the burden on businesses by invoking a regulatory moratorium and delaymap all divergences in transposition ing those tax acts that would unnecessarily increase costs for businesses already under straine EU; considers that the harmonisation of rules is expected to bring benefits in the form of lower compliance costs; cCalls on the Commission to carry out competitiveness checks for new legislative tax proposals, as requested by the European Council for all new proposals on 22 March prioritise simplicity and clarity in future tax proposals reducing the introduction of options and exceptions for Member States; 1a _________________ 1a https://www.europarl.europa.eu/RegData/ etudes/STUD/2023/642353/IPOL_STU(20 23; )642353_EN.pdf
2023/07/06
Committee: ECON
Amendment 164 #

2022/2146(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Recalls the European Union and Member States’ commitments to policy coherence for development; Calls on the Commission to undertake a spillover analysis of the impacts of EU tax policies on developing countries’ domestic revenue mobilisation and exposure to corporate tax avoidance;
2023/07/06
Committee: ECON
Amendment 166 #

2022/2146(INI)

Motion for a resolution
Paragraph 8
8. Welcomes the proposal of the Conference on the Future of Europe of 9 May 2022 for a competitiveness check to analyse the impact, among other things, of new tax legislation on companies and their business environments; awaits impatiently the implementation of the announcement by Commission President Ursula von der Leyen of 19 October 2022 introducing a standard competitiveness check in EU regulation; on harmonising and coordinating tax policies such as taxing big polluters and digital giants, preventing tax avoidance and evasion; avoiding tax havens in the EU, ensuring a just transition through a reform of the tax systems with fairer taxation and anti- fraud measures, introducing health taxes on processed food, and ensuring that tax policy supports European industry and prevents job losses; 1a _________________ 1a https://www.europarl.europa.eu/resources /library/media/20220509RES29121/20220 509RES29121.pdf
2023/07/06
Committee: ECON
Amendment 170 #

2022/2146(INI)

Motion for a resolution
Paragraph 9
9. Takes note of the renewed debate on tax incentives following the US Inflation Reduction Act; calls on the Commission to allow forWarns against a harmful, untargeted subsidy race in the European Union benefiting solely large companies and their shareholders; warns exsperimentation with tax credits; insists, nevertheless, that all decisions should be taken in a coordinated manner to preserve the functioning of the single marketcially against accelerated aggressive tax competition through the use of tax credits; observes that OECD Pillar Two introduces an advantageous treatment for refundable tax credits, which are in effect direct subsidies through the tax system; calls on the EU to draw up rules defining harmful tax credits; emphasises that tax credits should not serve the sole purpose of lowering the tax burden of large companies at the expense of public coffers and undermining global minimum tax rates;
2023/07/06
Committee: ECON
Amendment 176 #

2022/2146(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Emphasises that tax incentives should aim to attract real investments, meaning tangible assets and employment; notes with concern that a significant amount of government funding is already being lost through ineffective tax exemptions, deductions, credits, deferrals and reduced tax rates; urges Member States to carefully design tax incentives so that the benefits to society outweigh the costs for public coffers; calls on Member States to perform annual, detailed and public cost-benefit analyses of each tax provision;
2023/07/06
Committee: ECON
Amendment 177 #

2022/2146(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Calls for the phasing out of tax exemptions and subsidies for fossil fuels no later than 2025;
2023/07/06
Committee: ECON
Amendment 179 #

2022/2146(INI)

Motion for a resolution
Paragraph 10
10. Calls on the Member States to engage in policies of full expensing for capital investments and to make capital allowance provisions permanent in order to improve real investments and to assist Europe’sCommission to assess carefully the potential benefits of full expensing for capital investments for urgently needed investments to reach the climate targets; calls on the Commission to consider in its assessment the costs and benefits of full expensing, especially the revenue impact on Member States; warns that such measure should be introduced in a coordinated manner to avoid further fragmentation, profit shifting and tax competitivenesson;
2023/07/06
Committee: ECON
Amendment 185 #

2022/2146(INI)

Motion for a resolution
Paragraph 11
11. Calls on the Member States, in the light of high inflation rates, to use the additional revenues based on higher energy prices directly to relieve the burden on companies, especially SMEshelp the most vulnerable by encouraging price reductions, direct income support, vouchers and to relieve the burden fromthe SMEs that have been quite impacted by the crisis; regrets large companies misusing their market power to unjustly increase profit margins and drive inflation;
2023/07/06
Committee: ECON
Amendment 189 #

2022/2146(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Welcomes the adopted solidarity contribution in the EU; regrets, however, its limited scope and short time span; calls on the Commission to consider a permanent excess profit tax on all sectors, in light of the growing evidence that inflation is partly profit driven; believes that such taxes would curb the oligopolistic power of certain companies and boost competitiveness, while fighting inflation and raising revenue;
2023/07/06
Committee: ECON
Amendment 196 #

2022/2146(INI)

Motion for a resolution
Paragraph 12
12. Takes note ofWelcomes the two-pillar solution reached at the OECD/G20 Inclusive Framework on the allocation of taxing rights and the application of a minimum effective tax rate of 15 % on the global profits of MNEs;
2023/07/06
Committee: ECON
Amendment 202 #

2022/2146(INI)

Motion for a resolution
Paragraph 13
13. Observes that, in addition to coping with a volatile business environment and an increasing number of EU tax directives, companies are focusing their financial and human resources on applying the Pillar Two rules; calls onCalls on the Member States and the Commission to givesupport companies breathing space and enough time to prepare for the possible new BEFITin applying the Pillar Two rules;
2023/07/06
Committee: ECON
Amendment 211 #

2022/2146(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Recalls the Commission to issue its announced initiative on the annual publication of the effective corporate tax rate of certain large companies with operations in the EU, using the methodology agreed for the Pillar Two calculations, as foreseen in its communication “Business Taxation for the 21st Century”;
2023/07/06
Committee: ECON
Amendment 216 #

2022/2146(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Regrets that the shipping industry is under-taxed and even excluded from the OECD/G20 Pillar Two agreement; supports the call for a multilateral initiative to tax international shipping activities from a profit and carbon perspective;
2023/07/06
Committee: ECON
Amendment 223 #

2022/2146(INI)

14. Calls on the Commission to guide all the Member States towards a simplified tax system to reduce the administrative burdenease compliance for companies, especially SMEs; acknowledges that simplifying refund procedures, deductwelcomes the recent Commission's and litigation are other solutions to reduce the administrative burden, especially for SMEsproposal - FASTER - on simplifying withholding tax procedures in the EU;
2023/07/06
Committee: ECON
Amendment 232 #

2022/2146(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Notes that research underlines that only the more complex MNEs shift profits away, while MNEs with flat ownership structures do not display such pattern 1a; calls on the Council to come to an agreement on the UNSHELL proposal without further delay; supports and encourages the up-take of voluntary tax transparency frameworks such as GRI 207 and voluntary tax codes of conduct for businesses by large companies; _________________ 1a https://www.taxobservatory.eu/publication /tax-avoidance-and-the-complexity-of- multinational-enterprises/
2023/07/06
Committee: ECON
Amendment 233 #

2022/2146(INI)

Motion for a resolution
Paragraph 15
15. Recalls that simplifying the complexity of the legal framework for corporate tax systemsthrough harmonisation, increasing legal certainty and good governance helps to attract foreign direct investment and reduces the risk of companies relocating to non-EU countries;
2023/07/06
Committee: ECON
Amendment 250 #

2022/2146(INI)

Motion for a resolution
Paragraph 17
17. Reiterates its consideration that the BEFIT initiative should be supported by the political process in building political support for change and that the initiative should be accompanied by a thorough impact assessment going beyond the mere impact on corporate tax revenues in each Member State; considers essential to ensure all sectors are covered by the future BEFIT reform, including the financial sector; warns the Commission to be cautious in including intangible assets to the allocation formula;
2023/07/06
Committee: ECON
Amendment 251 #

2022/2146(INI)

Motion for a resolution
Paragraph 18
18. Takes note of the BEFIT objectives, as addressed in the Commission’s call for evidence for an impact assessment, to increase businesses’ resilience by reducing the complexity of tax rules and the compliance costs faced by EU businesses with cross-border operations, to remove obstacles to cross- border investment and make the single market a more attractive location for international investment, to create an environment conducive to fair and sustainable growth by paving the way for administrative simplification, and to provide sustainable tax revenue, which is particularly important in the current challenging economic climateto face societal challenges ; Notes that limiting tax competition and fighting corporate tax avoidance are key objectives as well ;
2023/07/06
Committee: ECON
Amendment 270 #

2022/2146(INI)

Motion for a resolution
Paragraph 20
20. Takes note of the Commission proposal of 11 May 2022 addressing the debt-equity bias; deplores the Council decision of 6 December 2022 to suspend the examination of the proposal; calls on the Council to relaunch negotiations on this proposalwarns for the high cost of this proposal in view of increasing interest rates;
2023/07/06
Committee: ECON
Amendment 283 #

2022/2146(INI)

Motion for a resolution
Paragraph 21
21. Highlights that tax incentives applied in a Calls on the Commission and Member States to signifiscalntly responsible manner for privateboost research and, development (e.g. via tax credits, enhanced allowanceand innovation budgets for adjusted depreciation schedules) can help lift an economy’s overall spending tochieving the objective of 3 % of EU GDP in a coordinated manner; wardns research and development, which often comes with positive externaliagainst ineffective R&D tax incentives; recalls that corporate spending on research and development was equal to 1.5 % of EU GDP in 2020, compared to 2.6 % in the US and Japan, according to the European Investment Bank’s 2022/2023 investment report; calls on the Commission to present an assessment of tax incentives for private research and development such as the widespread use of patent boxes in the Union; emphasises that in order to be effective, tax incentives should focus on investments made and not profits;
2023/07/06
Committee: ECON
Amendment 291 #

2022/2146(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Notes that the national transposition of EU Directive 2021/2101 is ongoing, but only introducing a limited form of public country by country reporting; Regrets that the scope of that EU directive will not require large multinational corporations to publish information on a country be country basis for the vast majority of countries worldwide undermining the effectiveness and value of the measure;
2023/07/06
Committee: ECON
Amendment 292 #

2022/2146(INI)

Motion for a resolution
Paragraph 21 b (new)
21b. Recalls the Commission to come forward with a proposal based on article 116 TFEU to tackle harmful tax practices distorting competition in the single market;
2023/07/06
Committee: ECON
Amendment 1 #

2022/2060(INI)

Motion for a resolution
Citation 5 a (new)
— having regard to Regulation (EU) 2021/1119 of the European Parliament and of the Council which sets the target of economy-wide climate neutrality by 2050 and establishes a binding Union reduction commitment of GHG emissions of at least 55 per cent below 1990 levels by 2030,
2023/03/07
Committee: ECON
Amendment 2 #

2022/2060(INI)

Motion for a resolution
Citation 5 b (new)
— having regard to the Commission revised Guidelines on State aid to promote risk finance investments published on 6 December 2021,
2023/03/07
Committee: ECON
Amendment 21 #

2022/2060(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas full coherence between the Union’s policy goals in the framework of the Green Deal, the Paris Agreement and the UN Sustainable Development Goals on the one hand and competition rules on the other is necessary;
2023/03/07
Committee: ECON
Amendment 27 #

2022/2060(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas European dependencies on third countries and global powers in areas such as energy, medicines, technology or raw materials create vulnerabilities and may reduce the European Union´s ability to act;
2023/03/07
Committee: ECON
Amendment 31 #

2022/2060(INI)

Motion for a resolution
Recital B c (new)
Bc. whereas the COVID-19 pandemic, the current energy crisis and the Russian aggression against Ukraine have tested the resilience of economies worldwide and exacerbated the relevance of resilience as a critical feature of competitiveness beyond a mere understanding of competitiveness in terms of price and cost;
2023/03/07
Committee: ECON
Amendment 34 #

2022/2060(INI)

Motion for a resolution
Paragraph 1
1. Considers that EU competition policy protects market structures against concentrations and accumulations of market power, just as it advances consumer welfareand general welfare and helps pursuing the twin transition;
2023/03/07
Committee: ECON
Amendment 40 #

2022/2060(INI)

1a. Considers that the treaty-based competition rules must be interpreted in the light of the wider European values underpinning the Union’s social market economy, notably environmental and social protection, equality considerations, consumer protection and public health, as mandated by Article 7 TFEU; takes the view, therefore, that activities which cause negative social and environmental externalities create market distortions that need to be addressed by means of competition law while, conversely, activities which bring social or environmental benefits should be explicitly taken into account when assessing treaty-based competition provisions;
2023/03/07
Committee: ECON
Amendment 52 #

2022/2060(INI)

2. Reiterates that competition policy cannot be pursued in isolation, as an end in itself, without reference to the legal, economic, political, environmental and social context;
2023/03/07
Committee: ECON
Amendment 57 #

2022/2060(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Highlights that small and medium- sized enterprises (SMEs) are the backbone of the European economy, representing 99.8% of all businesses and non-financial enterprises in the EU; notes that the strong contribution to job creation and value added make SMEs crucial to ensuring economic growth and social integration in the EU; regrets that despite their growth opportunities, SMEs may face difficulties in obtaining access to finance; welcomes in this regard of the revised Guidelines on State aid to promote risk finance investments, which clarify and simplify the rules under which Member States can support SMEs' access to finance;
2023/03/07
Committee: ECON
Amendment 102 #

2022/2060(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Stresses that the US Inflation Reduction Act uses local content requirements as a condition for allocating additional tax credits; calls on the Commission to closely monitor the effect of these clauses on supply chains and jobs on both sides of the Atlantic; is of the opinion that trade rules should allow for local content requirements when beneficial to the green industrial transition, and to combat climate change;
2023/03/07
Committee: ECON
Amendment 108 #

2022/2060(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Warns against a harmful, untargeted subsidy race in the European Union benefitting solely large companies and their shareholders; warns most in particularly against an accelerated aggressive tax competition through tax credits; observes that the recently brokered G20/OECD Global Tax Deal introduces an advantageous treatment for refundable tax credits, which are in effect direct subsidies via the tax system; calls on the EU to develop rules defining harmful tax credits; emphasises that tax credits should not serve the sole purpose of lowering the tax burden of large companies at the expense of public coffers and undermining the global minimum tax;
2023/03/07
Committee: ECON
Amendment 112 #

2022/2060(INI)

Motion for a resolution
Paragraph 5 c (new)
5c. Underlines the unprecedented amounts of aid approved under the Covid and Temporary Crisis Framework; stresses that both frameworks do not preclude solvency support of failing undertakings leading to an extensive bail- out of the entire corporate sector through the use of public resources; regrets that such support has not been accompanied by conditions at EU level, that would ensure taxpayer’s participation in the upside, including issuance of preferred shares with warrants, dividend restrictions, bans of shares buybacks nor requirements that would promote the environmental viability of companies such as energy efficiency, renewable energy usage and virgin material reduction targets; calls for the introduction of such binding conditions in the upcoming revision of the Temporary Crisis and Transition Framework that would in case of breach lead to aid recovery;
2023/03/07
Committee: ECON
Amendment 115 #

2022/2060(INI)

Motion for a resolution
Paragraph 5 d (new)
5d. Stresses that 80% of the State aid commitments under the Temporary Crisis Framework stem from two Member States; warns of the different fiscal capacity of Member States to provide aid and of the very real risk of unfair competition and consequent fragmentation of the single market; agrees with the letter sent by the Commissioner for Competition to EU Ministers that prioritises the safeguarding of the level playing field through joint EU expenditure; supports any further flexibility under EU State aid rules shall only be implemented in conjunction with new EU joint financing to even out the different abilities of support and to ensure every Member State is investing in the green transition;
2023/03/07
Committee: ECON
Amendment 117 #

2022/2060(INI)

Motion for a resolution
Paragraph 5 e (new)
5e. Takes note of the proposed modification of the Temporary Crisis and Transition Framework for State aid in order to allow Member States to support further renewable energy technologies; recalls the imperative to ensure that any State aid support is aligned with the European 2030 climate and energy targets and comply with the energy efficiency first principle; stresses that any increased flexibility on State aid rules to support sustainable activities should be accompanied by a tightening of these rules to prevent State aid going to environmentally harmful activities;
2023/03/07
Committee: ECON
Amendment 119 #

2022/2060(INI)

Motion for a resolution
Paragraph 5 f (new)
5f. Considers that the aim of current revision of the Temporary Crisis and Transition Framework is not to support failing entities but shape and ultimately create new competitive businesses, where the state acts as a risk taker in generating innovation-led green industries; supports, however, that any such public participation in associated corporate risks, should entail a more active public involvement in the accrued returns; urges, therefore, any State aid support in the context of an EU response to the US Inflation Reduction Act to be accompanied by a broad range of measures that should ensure the socialisation of rewards, including profit sharing mechanisms, requirements on re- investments, knowledge sharing obligations when it comes IP rights as well as price capping schemes;
2023/03/07
Committee: ECON
Amendment 121 #

2022/2060(INI)

Motion for a resolution
Paragraph 5 g (new)
5g. Takes note of the suggestion to offer tax breaks to companies in the proposed modification of the Temporary Crisis and Transition Framework for State aid; emphasises that tax incentives should not blindly mirror schemes under the US Inflation Reduction Act, but aim at attracting real investments, meaning supporting the expansion or creation of new capacity rather than the subsidisation of existing production; notes with concern that a significant amount of government funding is already channelled through ineffective tax expenditure in the form of exemptions, deductions, credits, deferrals and reduced tax rates; urges Member States to carefully design tax incentives so that the benefits to society outweigh the costs for public coffers; calls on Member States to perform annual, detailed and public cost-benefit analyses of each tax provision;
2023/03/07
Committee: ECON
Amendment 127 #

2022/2060(INI)

Motion for a resolution
Paragraph 6
6. Considers rising energy and food prices, leading to excessive corporate profits, to be the main drivers of the current hike in inflation; deplores some undertakings’ freeriding in the context of rising energy and food prices and reiterates that the Commission must make use of all the available tools under competition law to tackle market distortions and unfair price manipulation in the energy and food markets; calls for consumer vulnerability to be taken into consideration when assessing the abusiveness of a dominant undertaking’s conduct;
2023/03/07
Committee: ECON
Amendment 156 #

2022/2060(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Is deeply alarmed by the far- reaching concentration of the food supply chain, whereby four companies, all with close financial ties, own and sell up to 60% of the global seed market and 75% of global pesticides, to the detriment of consumers, farmers, the environment and biodiversity alike; points out that such an oligopoly will make farmers even more technologically and economically dependent on a few globally integrated one-stop-shop platforms, produce limited seed diversity, re-direct trends in innovation away from the adoption of a production model which is respectful of the environment and biodiversity and ultimately, as a result of reduced competition, generate less innovation;
2023/03/07
Committee: ECON
Amendment 163 #

2022/2060(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Considers that the jurisdictional thresholds setting the starting point for an EU merger review, which are based on the turnovers of the target and acquiring entities, are not appropriate for the digital economy, in which value is often, for advertising purposes, represented by the number of visitors to a website; suggests that these thresholds be revised and adapted to the number of consumers impacted by mergers and the value of the related transactions;
2023/03/07
Committee: ECON
Amendment 165 #

2022/2060(INI)

Motion for a resolution
Paragraph 8 c (new)
8c. Calls on the European Commission, when assessing whether mergers lead to a significant impediment of effective competition (SIEC) to refrain from employing a narrowly designed substantive test that merely focuses on the effects of a merger on prices, output and innovation; supports instead that the Commission should consider the full social costs of such transactions, taking into account the broader impact of these mergers on environmental protection, as it is obliged to do by virtue of Article 11 TFEU, and the international obligations on biodiversity to which EU Member States and the EU should abide to;
2023/03/07
Committee: ECON
Amendment 166 #

2022/2060(INI)

Motion for a resolution
Paragraph 8 d (new)
8d. Asks the Commission to come forward with a revision of the EC Merger Regulation, so that it may be vested with the powers, much as a number of Member States are at present, to adopt measures to protect the European public order and the rights and principles of the TFEU and EU Charter of Fundamental Rights, including environmental protection;
2023/03/07
Committee: ECON
Amendment 207 #

2022/2060(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Points out that even when products or services are supplied for free, consumers may still have to endure unjust behaviour, such as a degradation in quality or extortive practices; calls therefore for the formulation of a 'theory of harm', which should transcend price- centric approaches and account for broader considerations such as the impact on citizens’ privacy;
2023/03/07
Committee: ECON
Amendment 230 #

2022/2060(INI)

Motion for a resolution
Paragraph 19
19. Welcomes the presentation by the Commission of draft guidelines for sustainability agreements; underlines the need for a broad understanding of consumer welfare, which should include not only price levels, but also sustainability considerations; considers that similar authorisations should be extended to agreements that improve animal welfare, prevent deforestation, or provide for living wages; underlines in this respect that EU competition rules should encourage horizontal coordination in order to improve the environmental and social sustainability of supply chains; points out that the efficiencies generated by such agreements in a relevant market must be sufficient to outweigh any anti- competitive effects they produce in either the same or an unrelated geographical market;
2023/03/07
Committee: ECON
Amendment 234 #

2022/2060(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Strongly supports that the eligible sustainability objectives under the guidelines for sustainability agreements should extend those of the CMO Regulation and decisively incorporate social sustainability considerations such as the payment of living wages or living incomes;
2023/03/07
Committee: ECON
Amendment 241 #

2022/2060(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Stresses that EU competition rules shall contribute to the Union’s objective as defined in Article 3 TEU; considers that competition rules have a key role in ensuring full employment, social progress and the protection of the environment and biodiversity; stresses that the ‘fair price’ of products is not the lowest price possible for the consumer, but a price that allows for the fair remuneration of all parties along the supply chain, while not resulting in negative externalities;
2023/03/07
Committee: ECON
Amendment 248 #

2022/2060(INI)

Motion for a resolution
Paragraph 20 b (new)
20b. Underlines that in the aftermath of the financial crisis (2008 -2009), aid of more than one trillion EUR was granted to the banking sector in the form of credit guarantees and capital injections accounting together with other measures (including impaired asset schemes and liquidity measures) for nearly 12% of the EU GDP; is concerned by the conclusion of the ECA that in the years after the financial crisis, the EU banking sector remained an important beneficiary of State aid, despite the EU’s proclaimed intentions to prevent bank bailouts (in the period from 2010 to 2018 EUR 716 billion and EUR 1,763 trillion aid was approved by the Commission in the form of capital and liquidity aid instruments respectively);
2023/03/07
Committee: ECON
Amendment 251 #

2022/2060(INI)

Motion for a resolution
Paragraph 20 c (new)
20c. Points to the discrepancies and arbitrage opportunities between the rules on State aid and the resolution regime under the Bank Recovery and Resolution Directive (BRRD); urges the Commission, to reconsider its interpretation of the relevant State aid rules in a manner consistent with the BRRD and to revise its long overdue 2013 Banking Communication, including the area of liquidation aid;
2023/03/07
Committee: ECON
Amendment 253 #

2022/2060(INI)

Motion for a resolution
Paragraph 20 d (new)
20d. Reiterates its request for the Commission to examine whether banking institutions have, since the onset of the crisis, benefited from implicit subsidies and State aid through the provision of liquidity support from central banks; recalls the commitment made by Commissioner Vestager to reflect on possible distortions of competition arising from the ECB’s Corporate Sector Purchase Programme and to report back with a qualitative answer;
2023/03/07
Committee: ECON
Amendment 260 #

2022/2060(INI)

Motion for a resolution
Paragraph 21
21. Deplores the distortive effects of aggressive tax planning on fair competition; calls for companies that use third-country tax havens to be excludbanned from receiving State aid;
2023/03/07
Committee: ECON
Amendment 262 #

2022/2060(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Reiterates that taxation is sometimes used to grant indirect State aid, creating an uneven playing field in the internal market; calls on the Commission to review its tax State aid rules to assess whether tax advantages, such as tax exemptions or tax credits, do distort competition; calls on the Commission to look into the possibility to fine countries found in breach of EU State aid rules; encourages the Commission to pursue its investigations into Member States’ tax ruling practices;
2023/03/07
Committee: ECON
Amendment 272 #

2022/2060(INI)

Motion for a resolution
Paragraph 21 b (new)
21b. Regrets that some multinationals still adopt aggressive and harmful tax practices, recalls that tax advantages targeted at large companies may stifle innovation and jeopardise the contestability of markets, especially for SMEs;
2023/03/07
Committee: ECON
Amendment 274 #

2022/2060(INI)

Motion for a resolution
Paragraph 21 c (new)
21c. Calls for the reinforcement of a conducive framework by phasing out tax exemptions and subsidies for fossil fuels no later than 2025, by preventing investment in new infrastructure incompatible with the Paris agreement and in particular investment in any new fossil fuel infrastructure, and by tightening regulatory framework on GHG emissions via regulatory standards, bans and market mechanisms towards climate- neutrality by 2040 at the latest; calls on the Council to finally agree on the needed revision of the Energy Taxation Directive; highlights Member States’ subsidies for fossil fuels amount to over EUR 55 billion per year;
2023/03/07
Committee: ECON
Amendment 5 #

2022/2051(INL)

Draft opinion
Paragraph 1
1. Insists on more democratic legitimacy, accountability and scrutiny of the Union economic policies; stresses for ththe need for the entire framework, institutions and tools for EU economic governance to be under the Community method; calls for any Treaty revision to grant the Parliament its role as co-legislator and democratic oversight in these policies; calls for the abrogation of Article 126 of the Treaty on the functioning of the European Union (TFEU) which has proven excessively prescriptive yet ineffective, describing procedures that would be better regulated in secondary law and should, for evident reasons of democratic legitimacy and the scrutiny of discretionary implementation, include a role and vote for the European Parliament;
2022/11/11
Committee: ECON
Amendment 16 #

2022/2051(INL)

Draft opinion
Paragraph 2
2. Supports an economic governance framework that ensures stability, full employment, strategic and sustainable investments, social security, democratic accountability and ownership, and fiscal policies and instruments to counteract shocks; in this context calls for the elimination of the numerical values with reference to debt and deficit targets in Protocol 12 to the Treaties, seen as these were set in a drastically different economic context, based on no economic rationale, are manifestly unenforceable thereby creating rule of law problems in economic governance, and seen as texts of constitutional nature should not be used to set economic variables that by their definition are subject to regular paradigmatic change;
2022/11/11
Committee: ECON
Amendment 36 #

2022/2051(INL)

Draft opinion
Paragraph 3
3. Calls for the economic governance to be redesigned taking into account lessons learned from the NGEU and SURE processes; in particular the need to create permanent tools to avoid the need for improvised crisis reactions;
2022/11/11
Committee: ECON
Amendment 43 #

2022/2051(INL)

Draft opinion
Paragraph 3 a (new)
3 a. Calls for the modification of Article 122 TFEU, ensuring co-decision including the Parliament but also timeliness of the procedure, with a new Article 122(1) TFEU reading: “Without prejudice to any other procedures provided for in the Treaties, the European Parliament and the Council, on a proposal from the Commission AND IN ACCORDANCE WITH THE ORDINARY LEGISLATIVE PROCEDURE, may decide, in a spirit of European solidarity, upon the measures appropriate to THE SOCIAL and economic situation, in particular if severe difficulties arise in the supply of certain products, notably in the area of energy. IF THE EUROPEAN PARLIAMENT OR THE COUNCIL DO NOT ADOPT THE ACT CONCERNED WITHIN TWO MONTH AFTER THE PUBLICATION OF THE PROPOSAL FROM THE COMMISSION, THEY SHALL HAVE A VOTE ON THE PROPOSAL FROM THE COMMISSION.”
2022/11/11
Committee: ECON
Amendment 44 #

2022/2051(INL)

Draft opinion
Paragraph 3 b (new)
3 b. Reiterates its call for the European Stability Mechanism (ESM) to be fully integrated into the EU Treaties, as the EU’s debt agency under the Commissioner tasked with economic affairs, performing a number of functions, among which the issuance of bonds on behalf of the EU, the backstopping of the Single Resolution Fund, and the provision of precautionary and emergency credit lines to Member States;
2022/11/11
Committee: ECON
Amendment 45 #

2022/2051(INL)

Draft opinion
Paragraph 3 c (new)
3 c. Demands the creation of a position of European Finance Minister (EU-FM), joining the position of the Commissioner tasked with economic affairs with the Eurogroup and Ecofin President, in line with the practice established by the High Representative of the Union for Foreign Affairs and Security Policy and Vice- President of the European Commission (HR-VP). The EU-FM would (i) oversee the EU debt agency, (ii) manage the permanent EU fiscal capacity, (iii) chair Eurogroup and Ecofin meetings, (iv) oversee economic and fiscal policy coordination, (v) enforce rules in case of infringement, (vi) represent the euro area in international institutions and forums;
2022/11/11
Committee: ECON
Amendment 46 #

2022/2051(INL)

Draft opinion
Paragraph 3 d (new)
3 d. Urges to abandon the principle of budgetary neutrality, enabling the creation of a European Union Debt agency, under the European Finance Minister (EU-FM), to take on joint debt and equip the EU with a permanent fiscal capacity, replacing Next Generation EU (NGEU). Such a permanent fiscal capacity shall pursue (i) macroeconomic stabilisation to address large economic shocks, (ii) the provision of commonly defined EU public goods, including the decarbonisation of the economy, (iii) automatic stabilisers to smooth the economic cycle, including unemployment reinsurance;
2022/11/11
Committee: ECON
Amendment 47 #

2022/2051(INL)

Draft opinion
Paragraph 3 e (new)
3 e. The European Union should be empowered to raise own resources directly – including carbon and pollutant taxes, an ambitious financial transaction tax, and a single market levy. Own resources shall also be governed by the ordinary legislative procedure, placing the European Parliament as one arm of the EU budgetary authority on the same footing as the Council;
2022/11/11
Committee: ECON
Amendment 48 #

2022/2051(INL)

Draft opinion
Paragraph 4
4. Urges that the framework of the ECB’s accountability to Parliament be improved; Calls for a more comprehensive definition of the price stability and the ways to achieve it; the ECB should formally be given a dual mandate, focusing on full employment as well as price stability, and strengthening the emphasis on the secondary mandate, which shall be transparently included in the ECB's reasoning and decisions. ECB accountability to the EP shall be strengthened, by including the ECON Chair in the ECB Governing Council's deliberations, by giving the European Parliament the right to veto candidates for the Executive Board, by explicitly giving Parliament the right to prioritise the goals under ECB's secondary mandate, and increase reporting requirements to the Parliament, including obligatory Monetary Dialogue and in camera meetings with the Committee of Economic and Monetary affairs of the European Parliament;
2022/11/11
Committee: ECON
Amendment 58 #

2022/2051(INL)

Draft opinion
Paragraph 4 a (new)
4 a. In this context notes that the monetary policy community has moved on from outdated, monetarist assumptions according to which the money supply would regulate inflation, by implication, notes that Article 123 TFEU and its strict monetary financing prohibition is obsolete, and should be modified to clarify that sovereign bond purchases by the ECB on the secondary market are legal without any additional qualifications;
2022/11/11
Committee: ECON
Amendment 73 #

2022/2051(INL)

Draft opinion
Paragraph 5
5. UnderlinesIs deeply concerned by the numerous impediments to essential EU tax initiatives over the past decades; calls for gradual change that wouldunderlines the unsustainable situation in the Council where single Member States are allowed to veto and therefore block international tax agreements; observes the need to legislate in all tax matters; calls for decisive changes allowing QMV in certain tax questionstax matters with a strong role for the European Parliament. Calls therefore for the Treaty to be amended accordingly, most in particular article 113, 114, 115 and 116 TFEU and article 48, paragraph 7 TEU;
2022/11/11
Committee: ECON
Amendment 81 #

2022/2051(INL)

Draft opinion
Paragraph 5 a (new)
5 a. Asks the Article 113 TFEU to be redrafted as follows : "The Council shall, acting [delete: unanimously] THROUGH QUALIFIED MAJORITY in accordance with [delete : a special legislative procedure] THE ORDINARY LEGISLATIVE PROCEDURE and after consulting [delete : the European Parliament and] the Economic and Social Committee, adopt provisions for the harmonisation of legislation concerning direct and indirect taxation, turnover taxes and excise duties [delete : to the extent that such harmonisation is necessary to ensure the establishment and the functioning of the internal market and to avoid distortion of competition.]";
2022/11/11
Committee: ECON
Amendment 82 #

2022/2051(INL)

Draft opinion
Paragraph 5 b (new)
5 b. Proposes the deletion of paragraph 2 in Article 114 of the TFEU;
2022/11/11
Committee: ECON
Amendment 83 #

2022/2051(INL)

Draft opinion
Paragraph 5 c (new)
5 c. Asks the Article 115 TFEU to be redrafted as follows: “Without prejudice to Article 114, the Council shall, acting BY QUALIFIED MAJORITY VOTING [delete : unanimously] in accordance with THE ORDINARY [delete :a special] legislative procedure and after consulting the Economic and Social Committee [delete : the European Parliament], issue directives for the approximation of such laws, regulations or administrative provisions of the Member States as directly affect the establishment or functioning of the internal market.”;
2022/11/11
Committee: ECON
Amendment 84 #

2022/2051(INL)

Draft opinion
Paragraph 5 d (new)
5 d. Asks the Article 116 TFEU to be redrafted as follows: "Where the Commission finds that a difference between the provisions laid down by law, regulation or administrative action in Member States is distorting [delete: the conditions of competition in ] the internal market and that the resultant distortion needs to be eliminated [delete: , it shall consult the Member States concerned ] . [delete : If such consultation does not result in an agreement eliminating the distortion in question, ] The European, Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall issue the necessary directives. Any other appropriate measures provided for in the Treaties may be adopted.";
2022/11/11
Committee: ECON
Amendment 85 #

2022/2051(INL)

Draft opinion
Paragraph 5 e (new)
5 e. The Article 48.7 of the Treaty on the European Union (TEU) should be redrafted as follows : “7. Where the Treaty on the Functioning of the European Union or Title V of this Treaty provides for the Council to act by unanimity in a given area or case, the European Council may adopt a decision authorising the Council to act by a qualified majority in that area or in that case. This subparagraph shall not apply to decisions with military implications or those in the area of defence. Where the Treaty on the Functioning of the European Union provides for legislative acts to be adopted by the Council in accordance with a special legislative procedure, the European Council may adopt a decision allowing for the adoption of such acts in accordance with the ordinary legislative procedure. Any initiative taken by the European Council on the basis of the first or the second subparagraph shall be notified to the national Parliaments. For the adoption of the decisions referred to in the first and second subparagraphs, the European Council shall act by qualified majority after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.";
2022/11/11
Committee: ECON
Amendment 95 #

2022/2051(INL)

Draft opinion
Paragraph 6 a (new)
6 a. Calls in this respect, to amend competition policy to introduce green conditions as part of its state aid framework, including under the temporary state aid frameworks based on emissions reduction targets or linked to the design of sustainable products and circular production processes;underlines that undertakings shall be required to implement these targets in connection with the granting of any state aid and in case of breach, the aid granted would be be partly or fully recovered, as it would for breaches of social conditionality, e.g. on the prohibition of collective redundancy plans as long as a company is benefitting from temporary state aid. The TFEU could be changed as follows in Article 108(1): “The Commission shall ensure that state aid meets the EU climate neutrality, energy, and environmental protection objectives as well as social objectives.”;
2022/11/11
Committee: ECON
Amendment 96 #

2022/2051(INL)

Draft opinion
Paragraph 6 b (new)
6 b. Urges that the EU treaties make explicit that competition rules must be interpreted and applied in the light of the wider European values underpinning the Union’s social market economy, notably environmental and social protection, equality considerations, consumer protection and public health, as mandated by Article 7 TFEU; takes the view, therefore, that activities which cause negative social and environmental externalities create market distortions that need to be addressed by means of competition law while, conversely, activities which bring social or environmental benefits should be explicitly taken into account when assessing treaty-based competition provisions;
2022/11/11
Committee: ECON
Amendment 4 #

2022/2040(INI)

Draft opinion
Recital A a (new)
Aa. whereas, in context of significant ongoing volatility and price rises fuelled by strong speculation, net food importing countries, often less developed, are facing greater difficulties in paying for imported food, exposing them to risk of famine; whereas high prices of fertiliser this year are expected to be followed by fertiliser shortage in the coming year; whereas the EU suffers from a long-term structural shortage of animal feed, in particular vegetable proteins, and, additionally, an oversized livestock sector;
2022/07/25
Committee: AGRI
Amendment 6 #

2022/2040(INI)

Draft opinion
Recital A b (new)
Ab. whereas in the wake of the COVID-19 crisis and the Russian invasion of Ukraine, the Commission has developed a Contingency plan for ensuring food supply and food security in times of crisis, including the creation of a European Food Security Crisis preparedness and response mechanism (EFSCM);
2022/07/25
Committee: AGRI
Amendment 7 #

2022/2040(INI)

Draft opinion
Recital A c (new)
Ac. whereas climate change is increasingly affecting agricultural production, and the EU has committed to reaching carbon neutrality by 2050;
2022/07/25
Committee: AGRI
Amendment 8 #

2022/2040(INI)

Draft opinion
Recital A d (new)
Ad. whereas the phase-out of fossil fuels is both an ecological and a geopolitical imperative;
2022/07/25
Committee: AGRI
Amendment 9 #

2022/2040(INI)

Draft opinion
Recital A e (new)
Ae. whereas latest FAOSTAT figures show that EU agri-food systems accounted for 32% of total EU carbon dioxide equivalent emissions in 2019;
2022/07/25
Committee: AGRI
Amendment 10 #

2022/2040(INI)

Draft opinion
Recital A f (new)
Af. whereas recent FAO data shows the increasingly important role of food- related emissions occurring in pre- and post-production processes along the food supply chain, with supply chain emissions of certain countries on course to surpass emissions related to farming and land use in the agri-foodsystem;1a _________________ 1a FAOSTAT ANALYTICAL BRIEF 31, The share of agri-food systems in total greenhouse gas emissions Global, regional and country trends 1990–2019. https://www.fao.org/3/cb7514en/cb7514en .pdf
2022/07/25
Committee: AGRI
Amendment 37 #

2022/2040(INI)

Draft opinion
Paragraph 2
2. Notes that import dependency increases vulnerability to external shocks, as now observed in fuel, fertiliser and feed chains; calls for EU production to be recalibrated towards sustainable practices which reduce the need for inputs and to focus primarily on EU demand for healthy food; calls on Member States to ensure greater farmer autonomy via the strategic plans, notably through strong support for agroecology including organic production and the organic sector as a whole;
2022/07/25
Committee: AGRI
Amendment 40 #

2022/2040(INI)

Draft opinion
Paragraph 2 a (new)
2a. Considers that the current concerns over high fertiliser prices and supply chain disruption reveal the benefits of shifting to cheaper agronomic practices as a means to ensure soil fertility, rather than continuing with costly fertiliser inputs; Highlights the Farm to Fork goal of 50% reduction in nutrient loss, which should lead to a 20% reduction in use of fertiliser by 2030;
2022/07/25
Committee: AGRI
Amendment 41 #

2022/2040(INI)

Draft opinion
Paragraph 2 b (new)
2b. Stresses that agronomic techniques such as crop rotation with legumes or permanent leguminous cover can enhance soil fertility and reduce the need for synthetic fertilisers, thereby increasing farmer autonomy, and that the Soil Strategy must complement and contribute to this goal;
2022/07/25
Committee: AGRI
Amendment 42 #

2022/2040(INI)

Draft opinion
Paragraph 2 c (new)
2c. Calls on Member States to implement the Farm Sustainability Tool for Nutrients in order to help farmers reduce their use of costly and polluting fertiliser and decrease their reliance on this input supply chain; cautions against lowering environmental standards applicable to fertilising product composition and use;
2022/07/25
Committee: AGRI
Amendment 43 #

2022/2040(INI)

Draft opinion
Paragraph 3
3. Highlights that, as the COVID crisis has demonstrated, localised, short supply chains contribute to the resilience of food supply chains overall, which ensures profitable paths for production and distribution, and have often been able to adapt and fill in gaps where large-scale supply chains were disrupted; stresses that actors in such chains face specific challenges, such as weak access to government support and social programs; calls on Member States to provide strong support for cooperation measures under the European Agricultural Fund for Rural Development and its article 77 in particular, in order to expand the networks of small producers, notably via the preparation and implementation of EIP and LEADER projects, as well as support for consortia, clusters and locally- organised producers of quality products;
2022/07/25
Committee: AGRI
Amendment 51 #

2022/2040(INI)

Draft opinion
Paragraph 3 a (new)
3a. Highlights that an overreliance on few suppliers, allowing the development of an oligolopy- or duopoly-like market, is a risk to reliable supply. Calls for public procurement rules to take into account the utility of a diversified market and stresses that competition policy rules as applied to agriculture should not facilitate an excessive concentration of markets, either upstream or downstream of production, which could restrict farmers' autonomy;
2022/07/25
Committee: AGRI
Amendment 54 #

2022/2040(INI)

Draft opinion
Paragraph 4
4. Reiterates that climate change and biodiversity loss pose a high risk of disrupting both primary production and logistics; considers that, as extreme climatic events become more frequent and more pronounced, producers need increasing support to shift towards agricultural practices and nature-based solutions that mitigate and adapt to climate change; further, highlights that EU agricultural but also research and innovation policies should contribute to increased access for farmers to agro- climatic disaster risk and early warning systems, and access to insurances when transitioning to more resilient, sustainable practices;
2022/07/25
Committee: AGRI
Amendment 60 #

2022/2040(INI)

Draft opinion
Paragraph 4 a (new)
4a. Considers that supply chains must also be made resilient to zoonotic diseases; notes, in this regard, the importance of lower stocking densities and smaller-scale, diversified agriculture in reducing the risk of spread of disease;
2022/07/25
Committee: AGRI
Amendment 65 #

2022/2040(INI)

Draft opinion
Paragraph 5
5. Highlights that the health and labour conditions of agri-food workers affect labour availability in the supply chain, as has been shown notably by COVID-19 disruptions to slaughterhouse and meatpacking establishments and in farms which usually rely on seasonal labour;
2022/07/25
Committee: AGRI
Amendment 68 #

2022/2040(INI)

Draft opinion
Paragraph 5 a (new)
5a. Welcomes the establishment of a permanent European Food Security Crisis preparedness and response Mechanism (EFSCM), and the Commission’s intention to map the risks and vulnerabilities of the EU food supply chain and its critical infrastructures; regrets that the Communication’s anticipated actions do not address the development of appropriate levels of stocks;
2022/07/25
Committee: AGRI
Amendment 71 #

2022/2040(INI)

Draft opinion
Paragraph 6
6. Stresses the need for market regulation andto ensure a better governance of international markets by developing appropriate public stocks to tackle market crises andlinked to price volatility, to secure supply and to prevent speculation; calls for improved market transparency and timely information on public and private stocks, on global commodity markets, and highlights the role of digitalisation in this regard; cautions against allowing private stocks to be used as a speculative tool; calls for the Union position limits regime to be set at levels able to prevent food speculation, prevent market abuse and support orderly pricing and settlement conditions;
2022/07/25
Committee: AGRI
Amendment 86 #

2022/2040(INI)

Draft opinion
Paragraph 7
7. Stresses that EU engagement in global food governance must recognise and promote the right to food, as well as the food sovereignty of its trading partners and their right to regulate their exports and stocks to secure their own needs; considers that EU actions in the international governance of food systems must enable and promote the right to food.
2022/07/25
Committee: AGRI
Amendment 135 #

2022/0411(COD)

Proposal for a regulation
Recital 62
(62) Article 18(1) of Regulation (EU) No 596/2014 obliges issuers and any person acting on their behalf or on their account to draw up and to keep updated a list of all persons who have access to inside information and who are working for them under a contract of employment, or otherwise perform tasks through which they have access to inside information, including advisers, accountants and credit rating agencies. Article 18(6) of Regulation (EU) No 596/2014, however, restricts that obligation for issuers whose financial instruments are admitted to trading on an SME growth market. Those issuers are to include in their insider lists only those persons who, due to the nature of their function or position within the issuer, have regular access to inside information. Given the availability of other existing supervisory enforcement tools, it is appropriate to use the same approach for all issuers, rather than only for issuers whose financial instruments are admitted to trading on an SME growth market.deleted
2023/07/13
Committee: ECON
Amendment 141 #

2022/0411(COD)

Proposal for a regulation
Recital 63
(63) In some Member States, insider lists are considered particularly important for ensuring a high level of market integrity. For that reason, Article 18(6), second subparagraph, of Regulation (EU) No 596/2014 allows Member States to require issuers on SME growth markets to draw up the more extensive insider lists that include all persons who have access to inside information, however, on the basis of an alleviated format, requiring less information. To avoid excessive regulatory burden, while maintaining the essential information for competent authorities to investigate market abuse breaches, such an alleviated format should be used for all insider lists. Nevertheless, the option for Member States set out in Article 18(6), second subparagraph, of Regulation (EU) No 596/2014 should be maintained, provided that its use is justified by national market integrity concerns, and provided that it is only used in relation to issuers whose securities have been admitted to trading on a regulated market for at least the last 5 years. To ensure proportionate treatment of SMEs, that option should not be used for SME growth markets. To facilitate companies’ first time access to regulated markets as well as the companies’ transition from SME growth markets to regulated markets, issuers whose securities have been admitted to trading on a regulated market for less than 5 years should also not be obliged to draw up more extensive lists.deleted
2023/07/13
Committee: ECON
Amendment 142 #

2022/0411(COD)

Proposal for a regulation
Recital 65
(65) In order to avoid an undue requirement for persons discharging managerial responsibilities to report and for companies to disclose transactions which would not be meaningful to investors, it is appropriate to raise the threshold for reporting and related disclosure from EUR 5 000 to EUR 210 000, while allowingmaintaining the ability of competent authorities to increase that threshold further, where justified.
2023/07/13
Committee: ECON
Amendment 147 #

2022/0411(COD)

Proposal for a regulation
Recital 70
(70) The monitoring of order book data is crucial for the effective supervision of markets by competent authorities and to ensure market integrity. To enhance that monitoring through technological developments, competent authorities should be able to access order book datadata, concerning any financial instrument, irrespective of whether or not such order takes place on a trading venue or on a bilateral and dark trading spaces, not only on an ad-hoc request, but also on an ongoing basis. Moreover, to facilitate the processing of order book data by national competent authorities, it is necessary to harmonise the format of such data.
2023/07/13
Committee: ECON
Amendment 150 #

2022/0411(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2017/1129
Article 1 – paragraph 4
(b) [...]deleted
2023/07/13
Committee: ECON
Amendment 156 #

2022/0411(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c
Regulation (EU) 2017/1129
Article 1 – paragraph 5
(c) [...]deleted
2023/07/13
Committee: ECON
Amendment 176 #

2022/0411(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Regulation (EU) 2017/1129
Article 6 – paragraph 1
Without prejudice to Article 14b(2), Article 15a(2) and Article 18(1), a prospectus shall contain the necessary financial and non-financial information which is material to an investor for making an informed assessment of:;
2023/07/13
Committee: ECON
Amendment 177 #

2022/0411(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a a (new)
Regulation (EU) 2017/1129
Article 6 – paragraph 1 – point ca (new)
(ab) in paragraph 1, the following point (ca) is added: (ca) any adverse impact by the issuer or the shares on climate and other environmental, social and governance risks, to the extent they are material.
2023/07/13
Committee: ECON
Amendment 180 #

2022/0411(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point c
Regulation (EU) 2017/1129
Article 6 – paragraph 4
4. A prospectus that relates to shares or other transferrable securities equivalent to shares in companies shall be of maximum length of 300 sides ofproduced on a 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.
2023/07/13
Committee: ECON
Amendment 183 #

2022/0411(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point c a (new)
Regulation (EU) 2017/1129
Article 6 – paragraph 5 a (new)
(c a) the following paragraph is added: 5a. In order to ensure uniform conditions of application of this Article, ESMA shall develop draft implementing technical standards to specify the template and layout, including the font size, and the plain language and style requirements to ensure that the information is clear, easy to understand, non-technical and concise.
2023/07/13
Committee: ECON
Amendment 186 #

2022/0411(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c – point ii a (new)
Regulation (EU) 2017/1129
Article 7 – paragraph 5 – second subparagraph – point f a (new)
(ii a) in the second subparagraph, the following point is added: ‘(fa) where applicable, a warning that the product is not compatible with the limiting of global warming to 1.5°C in line with the Paris Agreement or, where the product is exposed to coal, oil, gas-related activities, a warning on the risk that certain assets could become stranded or be inconsistent with responsible and sustainable investment practice.
2023/07/13
Committee: ECON
Amendment 188 #

2022/0411(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point d a (new)
Regulation (EU) 2017/1129
Article 7 – paragraph 6 – point c a (new)
(d a) in paragraph 6, the following point is added: ‘(c a) under a sub-section entitled ‘What is the key sustainability information related to the issuer? a description of the sustainability performance of the issuer, including where relevant the exposure of the undertaking to coal, oil and gas- related activities, as referred to in Articles 19a(2), point (a)(iii), and 29a(2), point (a)(iii), of Directive 2013/34/EU;’
2023/07/13
Committee: ECON
Amendment 191 #

2022/0411(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point e – point i a (new)
Regulation (EU) 2017/1129
Article 7 – paragraph 7 – subparagraph 1 – point a – points vi a and vi b (new)
(i a) in point (a), the following points are added: ‘(vi a) the proportion of EU taxonomy- aligned activities financed by the financial instruments to the EU Taxonomy; (vi b) the proportion of the investment that is used to finance coal, oil and gas-related activities;’
2023/07/13
Committee: ECON
Amendment 194 #

2022/0411(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point h
Regulation (EU) 2017/1129
Article 7 – paragraph 12b – subparagraph 3 – point c – point iv a (new)
(iv a) key information on any issuer requirements to provide sustainability reporting and any information related to the securities being advertised as taking into account environmental, social or governance factors or pursuing ESG objectives in accordance with Article 13 of this Regulation;
2023/07/13
Committee: ECON
Amendment 197 #

2022/0411(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point ha (new)
Regulation (EU) 2017/1129
Article 7 – paragraph 13a (new)
(h a) the following paragraph is added: 13 a. In order to ensure uniform conditions of application of this Article, ESMA shall develop draft implementing technical standards to specify the template and layout, including the font size, and the plain language and style requirements to ensure that the information included in the summary is clear, easy to understand, non-technical and concise. Moreover, ESMA shall specify the standards and criteria for the presentation of the essential information to be included in the summary in the form of graphs, infographics, charts and dashboard to facilitate the accessibility and comparability of information, while ensuring they are clear, accurate and not misleading for investors, in particular non-professional investors.
2023/07/13
Committee: ECON
Amendment 248 #

2022/0411(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Regulation (EU) No 596/2014
Article 17 – paragraph 1 – subparagraph 1
An issuer shall inform the public as soon as possible of inside information which directly concerns that issuer. That requirement shall not apply to intermediate steps in a protracted process as referred to in Article 7(2) and (3) where those steps are connected with bringing about a set of circumstances or an event, provided that the absence of disclosure is not likely to mislead the public.;
2023/07/13
Committee: ECON
Amendment 249 #

2022/0411(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Regulation (EU) No 596/2014
Article 17 – paragraphs 1a and 1b
(b) the following paragraphs 1a and 1b are inserted: ‘ 1a. empowered to adopt a delegated act to set out and review, where necessary, a non- exhaustive list of relevant information and, for each information, the moment when the issuer can be reasonably expected to disclose it. 1b. confidentiality of the information which meets the criteria of inside information set out in Article 7 until that information is disclosed pursuant to paragraph 1. Where the confidentiality of that inside information is no longerThe Commission shall be An issuer shall ensured, the issuer shall disclose that inside information to the public as soon as possible.; ’
2023/07/13
Committee: ECON
Amendment 253 #

2022/0411(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Regulation (EU) No 596/2014
Article 17 – paragraph 4
(c) paragraph 4 is replaced by the following: ‘ 4. An issuer or an emission allowance market participant, may, on its own responsibility, delay disclosure to the public of inside information provided that all of the following conditions are met: (a) prejudice the legitimate interests of the issuer or emission allowance market participant; (b) issuer intends to delay meets the following conditions: (i) the previous public announcement of the issuer on the matter to which the inside information refers to; (ii) issuer’s financial objectives are not likely to be met, where such objectives were previously publicly announced; (iii) market’s expectations, where such expectations are based on signals that the issuer has previously sent to the market, including interviews, roadshows or any other type of communication organised by the issuer or with its approval; (c) the issuer or emission allowance market participant is able to ensure the confidentiality of that information. Where an issuer or emission allowance market participant intends to delay the disclosure of inside information under this paragraph, it shall inform the competent authority specified in accordance with paragraph 3 of its intention to delay the disclosure of inside information and shall provide a written explanation of how the conditions set out in this paragraph were met, immediately after the decision to delay is taken.; ’deleted immediate disclosure is likely to the inside information that the it is not materially different from it does not regard the fact that the it is not in contrast with the
2023/07/13
Committee: ECON
Amendment 260 #

2022/0411(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
Regulation (EU) No 596/2014
Article 18
(6) Article 18 is amended as follows: (a) paragraph 1 is replaced by the following: ‘ 1. (a) due to the nature of their function or position within the issuer, have regular access to inside information (permanent insider list); (b) insider list in accordance with paragraph 4; and (c) to the competent authority as soon as possible upon its request.; ’ (b) 1b are inserted: ‘ 1a. behalf or on the issuer’s accountdeleted Issuers shall: draw up its owna list of all persons having access to inside information that directly concerns that issuer. Paragraph 1, points (b) and (c), shall apply. 1b. paragraph 1, and where justified by specific national market integrity concerns, Member States may require issuers whose securities have been admitted to trading on a regulated market for at least the last 5 years to draw up a list of all persons having access to inside information and working for them under a contract of employment, or otherwise performing tasks through which they have access to inside information, including advisers, accountants or credit rating agencies (full insider list). Paragraph 1, points (b) and (c), shall apply.; ’ (c) subparagraph is replaced by the following: ‘ Issuerswho, promptly update the permanent provide the permanent insider list the following paragraphs 1a and aAny person acting on their behalf or on their account shall request from the persons on the insider list the acknowledgement of their legal and regulatory duties entailed in a durable medium. Persons included in the insider list shall acknowledge their legal and regulatory duties in a durable medium without undue delays.; ’ (d) (e) following: ‘ 9. ESMA shall review the implementing technical standards on the alleviated format of the insider lists for issuers admitted to trading on SME growth markets to extend the use of such a format to all insider lists referred to in paragraphs 1, 1a and 1b. ESMA shall submit those draft implementing technical standards to the Commission [by 9 months after the application/entering into force of this Regulation]. Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1095/2010.; ’ issuer’s By way of derogation from in paragraph 2, the first paragraph 6 is deleted; paragraph 9 is replaced by the
2023/07/13
Committee: ECON
Amendment 284 #

2022/0411(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7 – point a – introductory part
Regulation (EU) No 596/2014
Article 19 – paragraph 8
(a) paragraphs 8 and 9 areis replaced by the following:
2023/07/13
Committee: ECON
Amendment 285 #

2022/0411(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7 – point a
Regulation (EU) No 596/2014
Article 19 – paragraph 8
8. Paragraph 1 shall apply to any subsequent transaction once a total amount of EUR 210 000 has been reached within a calendar year. The threshold of EUR 210 000 shall be calculated by adding without netting all transactions referred to in paragraph 1.
2023/07/13
Committee: ECON
Amendment 289 #

2022/0411(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 7 – point a
Regulation (EU) No 596/2014
Article 19 – paragraph 9
9. A competent authority may decide to increase the threshold set out in paragraph 8 to EUR 50 000 and shall inform ESMA of its decision and the justification for its decision, with specific reference to market conditions, to adopt the higher threshold prior to its application. ESMA shall publish on its website the list of thresholds that apply in accordance with this Article and the justifications provided by competent authorities for such thresholds.;deleted
2023/07/13
Committee: ECON
Amendment 296 #

2022/0411(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
Regulation (EU) No 596/2014
Article 25a – Title
Article 25a Mechanism to exchange order book data
2023/07/13
Committee: ECON
Amendment 297 #

2022/0411(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
Regulation (EU) No 596/2014
Article 25a – paragraph 1 – subparagraph 1
1. Competent authorities supervising trading venues with a significant cross- border dimensionESMA shall, by [12 months from the date of entry into force of this Regulation], set up a mechanism to permit competent authorities supervising trading venues and systematic internalisers with a significant cross-border dimension, ongoing and timely exchange of order book data referred to in paragraph 2 and collected from those trading venues in accordance with Article 25 of Regulation (EU) No 600/2014 with respect to the instruments traded in such market. Competent authorities may delegate the set-up of the mechanism to ESMAs well as indications of interest and quotes from systematic internalisers, with respect to the instruments traded in such market.
2023/07/13
Committee: ECON
Amendment 322 #

2022/0411(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point -1 (new)
Regulation (EU) No 600/2014
Article 25 – paragraph 1
(-1) paragraph 1 is replaced by the following: '1. Investment firms shall keep at the disposal of the competent authority, for five years, the relevant data relating to all orders and all transactions in financial instruments which they have carried out, whether on own account or on behalf of a client. The competent authority of the trading venue may request those data on an ongoing basis. In the case of transactions carried out on behalf of clients, the records shall contain all the information and details of the identity of the client, and the information required under Directive 2005/60/EC of the European Parliament and of the Council (10). ESMA may request access to that information in accordance with the procedure and under the conditions set out in Article 35 of Regulation (EU) No 1095/2010.';
2023/07/13
Committee: ECON
Amendment 332 #

2022/0411(COD)

Proposal for a regulation
Annex I
Regulation (EU) 2017/1129
Annex IV – Title IX – subparagraph 3 a (new)
In the case of new issues, a statement of the resolutions, authorisations and approvals by virtue of which the securities have been or will be created and/or issued.
2023/07/13
Committee: ECON
Amendment 333 #

2022/0411(COD)

Proposal for a regulation
Annex I
Regulation (EU) 2017/1129
Annex IV – Title X a (new)
X a. Capitalisation and indebtedness A statement of capitalisation and indebtedness (distinguishing between guaranteed and unguaranteed, secured and unsecured indebtedness) as of a date no earlier than 90 days prior to the date of the document. The term ‘indebtedness’ also includes indirect and contingent indebtedness. In the case of material changes in the capitalisation and indebtedness position of the issuer within the 90 day period, additional information shall be given through the presentation of a narrative description of such changes or through the updating of those figures.
2023/07/13
Committee: ECON
Amendment 334 #

2022/0411(COD)

Proposal for a regulation
Annex I
Regulation (EU) 2017/1129
Annex IV – Title X b – (new)
X b. Lock-up agreements In relation to lock up agreements, provide details of the following: (a) the parties involved; (b) content and exceptions of the agreement; (c) an indication of the period of the lock up.
2023/07/13
Committee: ECON
Amendment 38 #

2022/0406(COD)

Proposal for a directive
Recital 1
(1) To reinforce the attractiveness of SME growth markets and to reduce inequalities for companies seeking admission to trading in the single market, it is necessary to address obstacles to the access to such markets that stem from regulatory barriers. Companies should be able to choose governance structures that suit best their development stage, including by enabling controlling shareholders of those companies to retain control of the business after accessing SME growth markets, while enjoying the benefits associated to trading on those markets, as long as the rights of minority shareholders continue to beall actors concerned, in particular minority shareholders and of workers, are continuously safeguarded.
2023/07/11
Committee: ECON
Amendment 51 #

2022/0406(COD)

Proposal for a directive
Recital 5
(5) Loyalty shares, like with multiple-vote sharerights, confer superior voting rights to a shareholder. A shareholder may obtain additional voting rights attached to loyalty shares, holding the share for the designated time and complying with certain conditions. Loyalty shares are control- enhancing mechanisms that are designed to foster a more stable, long-term oriented ownership among shareholders rather than toeby increaseing the attractiveness of raising funds from the publica long- term commitment. It is therefore not appropriate to include loyalty shares in the scope of this Directive.
2023/07/11
Committee: ECON
Amendment 57 #

2022/0406(COD)

Proposal for a directive
Recital 8
(8) Member States should be able to introduce, or maintain in force, national provisions that allow companies to adopt these structures for purposes other than the first time admission to trading of shares on a SME growth market, only where they ensure the application of adequate safeguards for the protection of minority shareholders in accordance with this Directive. That includes allowing companies to adopt multiple-vote shares when already admitted to trading, when seeking admission on a Multilateral Trading Facility that is not registered as SME growth market or on a regulated market, or ensuring that private companies can adopt multiple-vote shares, regardless of whether they intend to request admission to trading of their shares. This may also include cases whereby companies transfer from an SME growth market to a regulated market, while retaining multiple-vote shares.
2023/07/11
Committee: ECON
Amendment 68 #

2022/0406(COD)

Proposal for a directive
Recital 11
(11) Member States that allow multiple- vote shares provide for safeguards to protect minority shareholders and the interests of the company. However, the existing safeguards vary between Member States due to national specificities and diverging company law systems. Having regard to the objectives of the internal market as set out in particular in Article 50(2), point (g) of the Treaty on the functioning of the European Union, Member States should ensure a coordinated approach in their national laws on multiple-vote share structures with respect to the protection of the interests of minority shareholders and of the company. This includes protection against decisions creating risks for or resulting in adverse human rights, climate change, and environmental consequences, or against decisions aimed at improving corporate transparency and corporate governance, including executive remuneration and dividend policy. Under that coordinated approach, all Member States should ensure that any decision to adopt a multiple-vote share structure, or to modify that structure where there is an impact on voting rights, is taken by a qualified majority at the general shareholders’ meeting. Furthermore, Member States should limit the voting weight of multiple- vote shares by introducing restrictions either on the design of the multiple-vote share structure or on the exercise of voting rights attached to multiple-vote shares for the adoption of certain decisions. The restriction on the exercise of voting rights may be implemented by requiring that an approval by qualified majority necessitates both a qualified majority of the votes cast at the general meeting of shareholders and of the share capital represented at the general meeting of shareholders.
2023/07/11
Committee: ECON
Amendment 71 #

2022/0406(COD)

Proposal for a directive
Recital 12
(12) Member States should be given discretionable to introduce additional safeguards, where needed, to ensure adequate protection of minority shareholders’ interests and the interest, the respect of workers' rights, in particular rights to information, consultation and participation, and protection of the long- term interests and sustainability of the company. Member States should assess the appropriateness of additional safeguards in light of their effectiveness in protecting the interests of minority shareholders, of the workers and of the company, while ensuring that such safeguards do not defeat the purpose of multiple-vote share structures, i.e. the possibility for a company’s controlling shareholders to influence important decisions, including the appointment of directors.
2023/07/11
Committee: ECON
Amendment 74 #

2022/0406(COD)

Proposal for a directive
Recital 13
(13) The disclosure of accurate, comprehensive and timely information about issuers strengthens investor confidence and allows for informed investment decision-making. Such informed investment decision-making enhances both investor protection and market efficiency. Member States should therefore require companies with multiple- vote share structures to publish detailed information on their share structure and corporate governance system at the moment of the admission to trading, as well as periodically in the annual financial report. Such information should mention whether there are any limitations on the holding of securities, including whether any transfer of securities requires the approval either of the company, or of other holders of securities. It should also mention whether there are any restrictions on voting rights, including limitations of the voting rights of holders of a given percentage or number of votes, deadlines for exercising voting rights, or systems whereby the financial rights attached to securities are separated from the holding of securities. Furthermore, those companies should disclose the identity of holders of multiple- vote shares as well as of the natural persons entitled to exercise voting rights on their behalf and of persons exercising special control rights to provide investors, as members of general public, with transparency on ultimate ownership and de facto influence on the company. This would allow investors to make informed decisions and thereby strengthen their confidence in well-functioning capital markets. The information should be updated and disclosed at least every year as well as after any change regarding these shares.
2023/07/11
Committee: ECON
Amendment 75 #

2022/0406(COD)

Proposal for a directive
Recital 15
(15) To assess the implementation and impact of this Directive, in particular any negative impacts on all actors concerned, and to take account of market developments and developments in other areas of Union law or Member States’ experiences with the implementation of this Directive, the Commission should review this Directive 5three years following the date of transposition. and every three years thereafter.
2023/07/11
Committee: ECON
Amendment 76 #

2022/0406(COD)

Proposal for a directive
Article 1 – paragraph 1
This Directive lays down common rules on multiple-vote share structures, including for loyalty shares, in companies that seek the admission to trading of their shares on a EU based regulated market or an SME growth market in one or more Member States and that do not have shares already admitted to trading on any trading venue.
2023/07/11
Committee: ECON
Amendment 84 #

2022/0406(COD)

Proposal for a directive
Article 2 – paragraph 1 – point f a (new)
(f a) ‘EU based regulated market’ means a market defined as per Article 4(1), point (21), of Directive 2014/65/EU;
2023/07/11
Committee: ECON
Amendment 86 #

2022/0406(COD)

Proposal for a directive
Article 3 – title
Introduction or maintenance ofLimitations related to national provisions on multiple-vote shares
2023/07/11
Committee: ECON
Amendment 87 #

2022/0406(COD)

Proposal for a directive
Article 3 – paragraph 1
Member States mayshall not introduce or maintain in forcenew national provisions that allow companies to adopt multiple-vote share structures in situations not covered by this Directive, after the entry into force of this Directive. Nevertheless, Member States may maintain in force existing national provisions that allow companies to adopt multiple-vote share structures in situations not covered by this Directive, only where they ensure that safeguards for fair and non-discriminatory treatment of shareholders are introduced in accordance with Article 5.
2023/07/11
Committee: ECON
Amendment 101 #

2022/0406(COD)

Proposal for a directive
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure fair and non-discriminatory treatment of shareholders, as well as adequate protection of the interests of the shareholders who do not hold multiple-vote shares, the workers and of the company through appropriate safeguards. To that effect, Member States shall do all of the following:
2023/07/11
Committee: ECON
Amendment 111 #

2022/0406(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b – introductory part
(b) limit the voting weight of multiple- vote shares on the exercise of other shareholders’ rights, in particular by introdurcing general meetings, by introducing either ofas a minimum all the following:
2023/07/11
Committee: ECON
Amendment 119 #

2022/0406(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b – point i
(i) a maximum weighted voting ratio of 10:1 and a requirement on the maximum percentage of the outstanding share capital that the total amount of multiple-vote shares can represent;
2023/07/11
Committee: ECON
Amendment 120 #

2022/0406(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b – point i a (new)
(i a) a provision to avoid that the enhanced voting rights attached to multiple-vote shares continue to exist after a designated period of time up to 5 years (time-based sunset clause);
2023/07/11
Committee: ECON
Amendment 122 #

2022/0406(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b – point i b (new)
(i b) a provision to avoid that the enhanced voting rights attached to multiple-vote shares are transferred to third parties or continue to exist upon the death, incapacitation or retirement of the original holder of multiple-vote shares (transfer-based sunset clause);
2023/07/11
Committee: ECON
Amendment 123 #

2022/0406(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b – point i c (new)
(i c) a restriction on the exercise of the enhanced voting rights attached to multiple-vote shares for voting on matters related to executive remuneration and dividend policy as well as for the approval of related party transactions;
2023/07/11
Committee: ECON
Amendment 124 #

2022/0406(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b – point i d (new)
(i d) a requirement to ensure that the enhanced voting rights cannot be used to block the adoption or implementation of decisions by the general shareholders’ meeting aiming at preventing, reducing or eliminating adverse impacts on human rights, the environment and the climate related to the company’s operations and those carried out by entities in their value chain;
2023/07/11
Committee: ECON
Amendment 125 #

2022/0406(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b – point i e (new)
(i e) a requirement to ensure that the enhanced voting rights cannot be used to block the adoption or implementation of decisions by the general shareholders’ meeting aiming at improving corporate governance, including decisions to enhance corporate transparency and accountability.
2023/07/11
Committee: ECON
Amendment 126 #

2022/0406(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b – point i f (new)
(i f) a requirement to ensure that enhanced voting rights are not used to block the adoption or implementation of decisions by the general shareholders’ meeting aimed at or contributing to aligning business models and strategies with the transition to a sustainable economy, limiting global warming to 1.5°C in line with the Paris Agreement, or achieving climate neutrality as established in Regulation (EU) 2021/1119 as regards its operations in the Union;
2023/07/11
Committee: ECON
Amendment 133 #

2022/0406(COD)

Proposal for a directive
Article 5 – paragraph 1 a (new)
1 a. Member States shall ensure that employees’ rights to information, consultation and participation are respected in relation to the decision on and use of multiple vote shares, and that these rights are exercised in accordance with existing provisions or practices in force, including the legal framework provided for in Directive 2002/14/EC.
2023/07/11
Committee: ECON
Amendment 134 #

2022/0406(COD)

Proposal for a directive
Article 5 – paragraph 2 – introductory part
2. Member States may provide for further safeguards to ensure adequate protection of shareholders and of the interests of the company. Those safeguards may include in particular:and fair treatment of minority shareholders, respect of workers rights, in particular rights to information, consultation and participation, and protection of the long-term interests and sustainability of the company. This may also include a provision to avoid that the enhanced voting rights attached to multiple-vote shares continue to exist upon the occurrence of a specified event (event-based sunset clause).
2023/07/11
Committee: ECON
Amendment 143 #

2022/0406(COD)

Proposal for a directive
Article 5 – paragraph 2 – point a
(a) a provision to avoid that the enhanced voting rights attached to multiple-vote shares are transferred to third parties or continue to exist upon the death, incapacitation or retirement of the original holder of multiple-vote shares (transfer-based sunset clause);deleted
2023/07/11
Committee: ECON
Amendment 148 #

2022/0406(COD)

Proposal for a directive
Article 5 – paragraph 2 – point b
(b) a provision to avoid that the enhanced voting rights attached to multiple-vote shares continue to exist after a designated period of time (time- based sunset clause);deleted
2023/07/11
Committee: ECON
Amendment 157 #

2022/0406(COD)

Proposal for a directive
Article 5 – paragraph 2 – point c
(c) a provision to avoid that the enhanced voting rights attached to multiple-vote shares continue to exist upon the occurrence of a specified event (event-based sunset clause);deleted
2023/07/11
Committee: ECON
Amendment 163 #

2022/0406(COD)

Proposal for a directive
Article 5 – paragraph 2 – point d
(d) a requirement to ensure that the enhanced voting rights cannot be used to block the adoption of decisions by the general shareholders’ meeting aiming at preventing, reducing or eliminating adverse impacts on human rights and the environment related to the company’s operations.deleted
2023/07/11
Committee: ECON
Amendment 177 #

2022/0406(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
By [fivthree years after the entry into force]application] and every three years thereafter, the Commission shall submit a report to the European Parliament and the Council on the implementation and effects of this Directive. To that effect by [fourtwo years after the entry into force] and every three years thereafter, Member States shall provide the Commission with all relevant information in particular on the following:
2023/07/11
Committee: ECON
Amendment 178 #

2022/0406(COD)

Proposal for a directive
Article 8 – paragraph 1
1. Member States shall bring into force the law, regulations and administrative provisions necessary to comply with this Directive by 12 yearmonths after the date of entry into force of this Directive. They shall immediately inform the Commission thereof. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2023/07/11
Committee: ECON
Amendment 15 #

2022/0405(COD)

Proposal for a directive
Recital 4
(4) In order to revitalise the market for investment research and to ensure sufficient research coverage of companies, in particular the small and medium capitalisation companies, further alleviation of the research unbundling rules are necessary. By increasing from EUR 1 billion toSMEs continue to be characterised by lower amount of analyst research, higher probability of losing coverage, worse quality of research and limited secondary market liquidity, as compared to larger firms. According to ESMA findings, this situation appears to have been neither improved nor worsened by the MiFID II research unbundling provisions. For this reason, an expansion of the EUR 10 billion the threshold of companies’ market capitalisation below which the unbundling rules do not apply, more small and medium capitalisation companies, and in particular more medium capitalisation companies will benefit from a larger research coverage, bringing those companies more visibility from potential investors and thus increasing their capacity to raise funding in the marketis not likely to have a positive impact on research for small and medium capitalisation companies, while on the other hand it would reduce transparency and clarity for investors and weaken rules against conflict of interest. In order to revitalise the market for investment research and to ensure sufficient research coverage of companies, in particular the small and medium capitalisation companies, further measures are therefore necessary to promote ad strengthen the capacity to produce and distribute research through both public funding programmes and supervisory initiatives, while improving at the same time the rules to prevent conflict of interest associated with research sponsored by issuers.
2023/07/11
Committee: ECON
Amendment 18 #

2022/0405(COD)

Proposal for a directive
Recital 5
(5) In addition, to further support the coverage of small and medium capitalisation companies by investment research, research material paid fully or partially by issuers should be labelled as ‘issuer-sponsored research’. To ensure an adequate level of objectivity and independence of such research material, such material should be produced in line with a code of conduct developed or endorsed by a market operator registered in a Member State or by a competent authority. In order to support moreby ESMA by means of regulatory technical standards. For this purpose, investment firms should have in place governance and organisational procedures to ensure that the issuer-sponsored research they produce, use or distribute is produced in compliance with the EU code of conduct and with the requirements laid down in this Directive. Member States should ensure that competent authorities have all the necessary supervisory and investigatory powers to ensure that the investment firms comply with the requirements. In order to ensure the necessary visibility of the issuer-sponsored research, issuers should have the possibility to submit their issuer- sponsored research to the relevant collection body as defined32 in [Article 2 (2) of the proposal for a Regulation33 on a European Single Access Point]. __________________ 32 See Article2.2 o proposal for a Regulation [2021.78.COD] 33 Proposal for a Regulation [2021/03.78.COD]
2023/07/11
Committee: ECON
Amendment 28 #

2022/0405(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2014/65/EU
Article 24 – paragraph 3 b – subparagraph 1
Where the research is paid, fully or partially, by the issuer and disseminated to the public or to investment firms or to the clients of investment firms providing portfolio management or other investment or ancillary services, such research shall be labelled as “issuer-sponsored research” provided that it is produced in compliance with a EU code of conduct developed or endorsed by a market operator registered in a Member State or by a competent authorityfor issuer- sponsored research to be developed by ESMA.
2023/07/11
Committee: ECON
Amendment 29 #

2022/0405(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2014/65/EU
Article 24 – paragraph 3 b – subparagraph 2
The code of conduct shall set out minimumESMA shall develop draft regulatory technical standards in order to specify the rules, standards of independency and objectivity to be complied with by the providers of such research. The market operator or the competent authority shall publish the code of conduct on its website and review and re-endorse it every 2 years and the procedures for the effective identification, prevention and disclosure of conflict of interest. For the purpose of developing those regulatory technical standards, ESMA shall take into account relevant codes of conduct which have been established at national level. ESMA shall submit those draft regulatory technical standards to the Commission by [12 months after the date of entry into force of this Directive]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the second subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010. The EU-wide code of conduct for issuer- sponsored research shall be made publicly available on ESMA’s website.
2023/07/11
Committee: ECON
Amendment 33 #

2022/0405(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2014/65/EU
Article 24 – paragraph 3 c
3c. Member States shall ensure that any issuer mays submit itsany issuer-sponsored research, as referred to in paragraph 3b of this Article, to the relevant collection body as defined in [Article 2(2) of the proposal for a Regulation on a European Single Access Point40 ]. __________________ 40 Proposal for a Regulation [2021/0378.COD].
2023/07/11
Committee: ECON
Amendment 35 #

2022/0405(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2014/65/EU
Article 24 – paragraph 3 d
3d. Research that is labelled as issuer- sponsored research shall indicate on its front page in a clear and prominent way that it has been prepared in accordance with a EU code of conduct. The name of the market operator or competent authority that has developed or endorsed such code of conduct shall also be mentioned. Any other research material paid fully or in part by the issuer but not produced in compliance with a code of conduct as referred to in paragraph 3b shall be labelled as marketing communication.;
2023/07/11
Committee: ECON
Amendment 36 #

2022/0405(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2014/65/EU
Article 24 – paragraph 3 d a (new)
3d a. Member States shall provide that investment firms that produce, use or distribute issuer-sponsored research have in place adequate governance and organisational procedures to ensure that any issuer-sponsored research is produced in compliance with the EU code of conduct developed by ESMA and with paragraph 3a to 3d of this Article. Member States shall ensure that competent authorities have the necessary supervisory and investigatory powers to ensure compliance with the relevant requirements and to suspend the distribution of any issuer-sponsored research that is not produced in compliance with the EU code of conduct.
2023/07/11
Committee: ECON
Amendment 40 #

2022/0405(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2014/65/EU
Article 24 – paragraph 9 a – point c
(c) the research for which the combined charges or the joint payment is made concerns issuers whose market capitalisation for the period of 36 months preceding the provision of the research did not exceed EUR 10 billion, as expressed by end-year quotes for the years when those issuers are or were listed or by the own- capital for the financial years when those issuers are or were not listed.;
2023/07/11
Committee: ECON
Amendment 48 #

2022/0405(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 2014/65/EU
Article 24 – paragraph 9 b (new)
(b a) the following paragraph is inserted: 9b. ESMA shall establish a platform aimed at creating a "EU research marketplace" to support and develop high quality, independent research covering small and medium enterprises through a combination of public funding programmes and voluntary contributions from market participants. Such platform shall facilitate the regular exchange between competent authorities, investment service providers and research firms and have a special focus on small and midcaps and innovative stat-ups as well as on ESG research covering environmental, governance and social issues.
2023/07/11
Committee: ECON
Amendment 9 #

2022/0404(COD)

Proposal for a directive
Article 3 a (new) Directive (EU) 2009/138/EC
Article3a Amendments to Directive (EU) 2009/138/EC (3a) in Article 36 is modified as follows: a) the following point (a) of paragraph 2, is added: (2a) The supervisory authorities shall assess and monitor developments of undertakings’ practices concerning the management of their concentration risk arising from exposures towards central counterparties. b) the following sub-paragraph is added to paragraph 5: ‘(5) The supervisory authorities shall have the necessary powers to require undertakings to reduce exposures towards a central counterparty or to realign exposures across their clearing accounts in accordance with Article 7a of Regulation (EU) No 648/2012, where the supervisory authority considers there is excessive concentration risk towards that central counterparty’
2023/07/05
Committee: ECON
Amendment 199 #

2022/0403(COD)

Proposal for a regulation
Recital 5
(5) Article 4(2) and Article 11(5) to (10) of Regulation (EU) No 648/2012 exempt intragroup transactions from the clearing obligation and the margin requirements. To provide more legal certainty and predictability concerning the framework for intragroup transactions, the equivalence decisions in Article 13 of that Regulation should be replaced by a simpler framework. Article 3 of that Regulation should therefore be amended to replace the need for an equivalence decision with a list of third countries for which an exemption should not be granted. Consequently, Article 13 of that Regulation should be deleted. Since Article 382 of Regulation (EU) No 575/2013 of the European Parliament and of the Council31 refers to intragroup transactions as provided for in Article 3 of Regulation (EU) No 648/2012, that Article 382 should also be amended accordingly. __________________ 31 Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).deleted
2023/07/07
Committee: ECON
Amendment 200 #

2022/0403(COD)

Proposal for a regulation
Recital 6
(6) Given the fact that entities that are established in countries that are listed as high-risk third countries that have strategic deficiencies in their regime on anti-money laundering and counter terrorist financing, as referred to in Article 9 of Directive (EU) 2015/849 of the European Parliament and of the Council32 , or in third countries that are listed in Annex I to the Council conclusions on the revised EU list of non- cooperative jurisdictions for tax purposes33 are subject to a less stringent regulatory environment, their operations may increase the risk, including due to increased counterparty credit risk and legal risk, for the Union financial stability. Consequently, such entities should not be eligible to be considered in the framework of intragroup transactions. __________________ 32 Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73). 33 Council conclusions on the revised EU list of non-cooperative jurisdictions for tax purposes and the Annexes thereto (OJ C 413 I, 12.10.2021, p. 1).deleted
2023/07/07
Committee: ECON
Amendment 202 #

2022/0403(COD)

Proposal for a regulation
Recital 7
(7) Strategic deficiencies in the regime on anti-money laundering and counter terrorist financing, or lack of cooperation for tax purposes are not necessarily the only factors that can influence risk, including counterparty credit risk and legal risk, associated with derivative contracts. Other factors, such as the supervisory framework, also play a role. The Commission should therefore be empowered to adopt delegated acts to identify the third countries whose entities may not benefit from those exemptions despite not being identified in those lists. Considering that intragroup transactions benefit from reduced regulatory requirements, regulators and supervisors should carefully monitor and assess the risks associated with transactions involving entities from third countries.deleted
2023/07/07
Committee: ECON
Amendment 203 #

2022/0403(COD)

Proposal for a regulation
Recital 9
(9) Regulation (EU) No 648/2012 promotes the use of central clearing as the main risk-mitigation technique for OTC derivatives. The risks associated with an OTC derivative contract are therefore best mitigated when that derivative contract is cleared by a CCP authorised under Article 14 or recognised under Article 25 of that Regulation. It follows that in the calculation of the position that is compared to the thresholds specified pursuant to Article 10(4), point (b), of Regulation (EU) No 648/2012, only those derivative contracts that are not cleared by a CCP authorised under Article 14 or recognised under Article 25 of that Regulation should be included in that calculation.deleted
2023/07/07
Committee: ECON
Amendment 212 #

2022/0403(COD)

Proposal for a regulation
Recital 11
(11) It is necessary to ensure that the calibration of the level of the clearing activity to be maintained in accounts at Union CCPs can be adapted to changing circumstances. ESMA has an important role in the assessment of the substantial systemic importance of third-country CCPs and their clearing services. ESMA, in cooperation with the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority (EIOPA) and the ESRB, and after having consulted the European System of Central Banks (ESCB), should therefore develop draft regulatory technical standards specifying the details of the level of substantially systemic clearing services to be maintained in the active accounts in Union CCPs by financial and non-financial counterparties subject to the clearing obligation. Such calibration should not go beyond what is necessary and proportionate to reduce clearing in the identified clearing services at Tier 2 CCPs concerned. In that regard, ESMA should consider the costs, risks and the burden such calibration entails for financial and non-financial counterparties, the impact on their competitiveness, and the risk thatNonetheless, to be effective, the minimum level of clearing activity maintained in accounts at Union CCPs should not be lower than 15% of those costs are passed on to non-financial firmsunterparty total clearing activity. Furthermore, ESMA should also ensure that the envisaged reduction in clearing in those instruments, identified as of substantial systemic importance, results in them no longer being considered of substantial systemic importance when ESMA reviews the recognition of the relevant CCPs which according to Article 25(5) of that Regulation and where such a review should be done at least every five years. In addition, suitable phase-in periods for the progressive implementation of the requirement to hold a certain level of the clearing activity in the accounts at Union CCPs should be foreseen.
2023/07/07
Committee: ECON
Amendment 215 #

2022/0403(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) To reflect the high risks posed by EU banks overreliance on third-country CCPs, it is also necessary to adapt the prudential framework and ensure that those risks are adequately taken into account to safeguard the financial stability of the Union and its Member States. Additional own funds requirements should therefore be imposed on banks’ large exposures to Tier 2 CCPs.
2023/07/07
Committee: ECON
Amendment 216 #

2022/0403(COD)

Proposal for a regulation
Recital 11 b (new)
(11b) A number of public entities, such as central government, local authorities or other public sector entities clear on a voluntary basis. When using clearing services, public entities should, as a principle, use EU CCPs clearing services. In its letter of 1st April 2022, ESMA stressed that the modalities of public entities participation to CCPs vary across Member States. In particular, ESMA identified diverging practices regarding the calculation of the exposures of public entities to EU CCPs and their contributions to the financial resources of the CCP. Therefore, ESMA should be invited to work on the further harmonisation and coordination regarding public entities’ clearing activities.
2023/07/07
Committee: ECON
Amendment 219 #

2022/0403(COD)

Proposal for a regulation
Recital 12
(12) To ensure that clients are aware of their options and can take an informed decision as where to clear their derivative contracts, clearing members and clients that provide clearing services in both Union and recognised third-country CCPs should inform their clients about the option to clear a derivative contract in a Union CCP so that clearing in those services identified as of substantial systemic importance is reduced in Tier 2 CCPs in order to ensure the financial stability of the Union. Such obligation to inform should be distinct from the active account requirement.
2023/07/07
Committee: ECON
Amendment 220 #

2022/0403(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) Over the past years, the supervisory community has been raising concerns about the data quality of the reporting made by financial and non- financial counterparties in accordance with Regulation (EU) No 648/2012. Entities subject to the reporting obligation in accordance to this regulation should exercise due diligence by applying data quality checks before submitting their data. Competent authorities should be able to adopt appropriate sanctions in case of infringements of this due diligence requirement.
2023/07/07
Committee: ECON
Amendment 227 #

2022/0403(COD)

Proposal for a regulation
Recital 21
(21) There is currently uncertainty as to when an additional service or activity is covered by a CCP’s existing authorisation. It is necessary to address that uncertainty and to ensure proportionality when the proposed additional service or activity does not increase the risks for the CCP. It is therefore necessary to lay down that applications in those cases should not undergo the full assessment procedure. For that reason, it should be specified which additional clearing services and activities are non-material, and thus do not increase the risks for a Union CCP, and should be approved through a non-objection procedure by that CCP’s competent authority. That non-objection procedure should be applied where the CCP intends to clear one or more financial instruments belonging to the same classes of financial instruments for which it has been authorised to clear, provided such financial instruments are traded on a trading venue for which the CCP already provides clearing services or performs activities and the proposed additional clearing service or activity does not involve a payment in a new currency. That non-objection procedure should also be applied where the CCP adds a new Union currency in a class of financial instruments already covered by the CCP’s authorisation, or where the CCP adds one or more additional tenors to a class of financial instruments already covered by the CCP’s authorisation provided that the maturity range is not significantly extended. In addition, a CCP should also be able to ask its competent authority for the non- objection procedure to apply where that CCP considers that the proposed additional service or activity would not increase its risks, in particular where the new clearing service or activity is similar to the services the CCP is already authorised to provide. The non-objection procedure should not require a separate opinion from ESMA and the college since such requirement would be disproportionate. Instead, ESMA and the college should be able to provide input to the CCP’s competent authority through the joint supervisory team established for that CCP.
2023/07/07
Committee: ECON
Amendment 228 #

2022/0403(COD)

Proposal for a regulation
Recital 22
(22) To fosthe clearing landscape in the Union has undergone major changes since 2019, when amending regulations to Regulation (EU) No 1095/2010 and Regulation (EU) No 648/2012 were a cooperative supervisiondopted. Contrary to initial expectations, clearing activities have not yet been relocated in the EU. However, the requirement for financial and non- financial counterparties to hold active accounts in EU CCPs, coupled with an improved attractiveness of EU CCPs on an ongoing basis, the college should issue an opinion where a competent authority considers withdrawing a CCP’s authorisation and when a competent authority conducts the annual review and evaluation of that, are expected to trigger a significant increase of clearing activities in EU CCPs. The increase of clearing activities in the EU makes necessary a more coordinated and integrated approach to the supervision of EU CCPs. ESMA should therefore be the direct supervisor of all EU CCPs, and enhanced cooperation and integration between all relevant authorities is necessary to ensure that risks concentrated in EU CCPs are adequately monitored and managed, in order to minimise systemic risk and spill-over effects across Member States. Empowering ESMA with a direct supervisory role vis-a-vis EU CCPs requires adapting the existing supervisory framework under Regulation (EU) No 648/2012 , providing ESMA with decision-making powers over EU CCPs, but also by clarifying how these new powers would interact with the supervisory role of the national competent authorities. Under a new and more integrated approach, relevant supervisory decisions should be drafted and adopted by ESMA, having taken into account the opinion of the college. The competent authority of the CCP may be requested by ESMA to assist with drafting decisions, the verification of activities of the CCP, and the day-to-day assessments. ESMA should be empowered to delegate specific supervisory tasks to competent authorities. ESMA should be in charge of coordinating the joint supervisory activities, including in relation to on-site inspections of EU CCPs. The change in the approach should also cover the annual reviews.
2023/07/07
Committee: ECON
Amendment 229 #

2022/0403(COD)

Proposal for a regulation
Recital 23
(23) To ensure the consistent functioning of all colleges and to further enhance supervisory convergence, ESMA should manage and chair the college for each Union CCP and should be granted the right to vote in that college.deleted
2023/07/07
Committee: ECON
Amendment 230 #

2022/0403(COD)

Proposal for a regulation
Recital 24
(24) ESMA should be able to contribute more effectively to ensuring that Union CCPs are safe, robust and competitive in providing their services throughout the Union. Therefore, ESMA should, in addition to the supervisory competences currently laid down in Regulation (EU) No 648/2012, also issue an opinion to the CCP’s competent authority about a CCP’s annual review and evaluation, the withdrawal of its authorisation and margin requirements. When issuing an opinion, ESMA should assess a CCP’s compliance with the applicable requirements, focusing in particular on identified cross-border risks or risks to the financial stability of the Union. It is also necessary to further enhance supervisory convergence and to ensure that all stakeholders are informed of ESMA’s and the college’s assessment of a CCP’s activities. ESMA should therefore disclose, taking into account the need to protect confidential information, the fact that a competent authority does not comply or does not intend to comply with its opinion or the opinion of the college and any conditions or recommendations included therein. ESMA should be able to decide, on a case by case basis, to publish the reasons provided by the competent authority for not complying with the ESMA opinion or the college opinion or any conditions or recommendations contained therein.deleted
2023/07/07
Committee: ECON
Amendment 232 #

2022/0403(COD)

Proposal for a regulation
Recital 26
(26) ESMA should have the means to identify potential risks to the Union’s financial stability. ESMA should therefore, in cooperation with the EBA, EIOPA, ESRB and the ECB in the framework of the tasks concerning the prudential supervision of credit institutions within the single supervisory mechanism conferred upon it in accordance with Council Regulation (EU) No 1024/201336 , identify the interconnections and interdependencies between different CCPs and legal persons, including shared clearing members, clients and indirect clients, shared material service providers, shared material liquidity providers, cross-collateral arrangements, cross-default provisions and cross-CCP netting, cross-guarantee agreements and risks transfers and back-to-back trading arrangements. __________________ 36 […]
2023/07/07
Committee: ECON
Amendment 233 #

2022/0403(COD)

Proposal for a regulation
Recital 28
(28) It is necessary to ensure a prompt exchange of information, knowledge sharing and effective cooperation between the authorities involved inWith ESMA becoming the supervisionor of authorisedEU CCPs, and in particular where a swift decision by a CCP’s competent authority is required. Iit is therefore appropriate to set up a joint supervisory team for each Union CCP to assist those supervisory authorities, including by providing input to the CCP’s competent authority within the context of the non-objection procedure for extending a CCP’s existing authorisation, assisting in establishing the frequency and depth of a CCP’s review and evaluation, and participating to on-site inspections. Considering that a CCP’s competent authorityESMA remains ultimately responsible for the final supervisory decisions, the joint supervisory teams should work under the auspices of the CCP’s competent authority for which the team is established and should be composed of staff members from the CCP’s competent authoritybe composed of staff members from the competent authority of the member State where the CCP is located, ESMA and certain members of the college. Other members of the college should also be able to request to participate justifying the request based on their assessment of the impact that the CCP's financial distress could have on the financial stability of their respective Member State.
2023/07/07
Committee: ECON
Amendment 237 #

2022/0403(COD)

Proposal for a regulation
Recital 36
(36) Where recognition is provided under Article 25(2b) of Regulation (EU) No 648/2012, considering that those CCPone or more of those CCPs clearing services are of systemic importance for the Union or one or more of its Member States, the cooperation arrangements between ESMA and the relevant third-country authorities should cover the exchange of information for a broader range of information and with increased frequency. In that case, the cooperation arrangements should also entail procedures to ensure such a Tier 2 CCP is supervised pursuant to Article 25 of that Regulation. ESMA should ensure it can obtain all information necessary to fulfil its duties under that Regulation, including information necessary to ensure compliance with Article 25(2b) of that Regulation and to ensure that information is shared where a CCP has been granted, partially or fully, comparable compliance. To enable ESMA to carry out full and effective supervision of Tier 2 CCPs, it should be clarified that those CCPs should provide ESMA with information periodically.
2023/07/07
Committee: ECON
Amendment 245 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point -1a(new)
Regulation (EU) No 648/2012
Article 1 – paragraph 6 a (new)
(-1a) The following paragraph 6a is added to Article 1: “6a. By [18 months after the date of the entry into force of this Regulation], ESMA shall issue guidelines in accordance with Article 16 of Regulation (EU) No 1095/2010 to further specify the modalities of public entities’ participation to EU CCPs, in particular regarding the calculation of the exposures of public entities to EU CCPs and public entities’ contributions to the CCP financial resources’.
2023/07/07
Committee: ECON
Amendment 246 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) No 648/2012
Article 3
(1) [...]deleted
2023/07/07
Committee: ECON
Amendment 248 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) No 648/2012
Article 4 a – paragraph 1– subparagraph 1
(2a) Article 4a is amended as follows: (a) The first subparagraph of paragraph 1 is replaced by the following: 1. A financial counterparty taking positions in OTC derivative contracts may calculate, annually, the average of the three highest month-end averages positions over the previous 12 months in accordance with paragraph 3. (b) In paragraph 2, the ‘aggregate month-end average position for the previous 12 months’ is replaced by the ‘average of the three highest month-end averages positions over the previous 12 months’
2023/07/07
Committee: ECON
Amendment 249 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) No 648/2012
Article 4 a − paragraph 3 − subparagraph 1
(3) in Article 4a(3), the first subparagraph is replaced by the following: ‘ In calculating the positions referred to in paragraph 1, the financial counterparty shall include all OTC derivative contracts that are not cleared in a CCP authorised under Article 14 or recognised under Article 25, entered into by that financial counterparty or entered into by other entities within the group to which that financial counterparty belongs.; ’deleted
2023/07/07
Committee: ECON
Amendment 251 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 648/2012
Article 6 − paragraph 2 − subparagraph f a (new)
(3a) in Article 6(2), the following point is added: (fa) the clearing rate for derivatives contracts concluded in the EU, on aggregate and for different asset classes
2023/07/07
Committee: ECON
Amendment 262 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 648/2012
Article 7 a – paragraph 2 − point c a (new)
(ca) any other categories of derivatives contracts that have been identified by ESMA as being of substantial systemic importance for the financial stability of the Union or one or more of its Member States pursuant to Article 25(2c).
2023/07/07
Committee: ECON
Amendment 266 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 648/2012
Article 7 a – paragraph 3 – introductory part
3. A financial counterparty or a non- financial counterparty that is subject to the obligation set out in paragraph 1 shall calculate its activities in the categories of derivative contracts referred to in paragraph 1 at CCPs authorised under Article 14.2 at :
2023/07/07
Committee: ECON
Amendment 267 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 648/2012
Article 7 a – paragraph 3 – point a (new)
(a) CCPs authorised under Article 14.
2023/07/07
Committee: ECON
Amendment 268 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 648/2012
Article 7 a – paragraph 3 – point b (new)
(b) CCPs recognised under Article 25.
2023/07/07
Committee: ECON
Amendment 270 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 648/2012
Article 7 a – paragraph 4
4. A financial counterparty or a non- financial counterparty that is subject to the obligation set out in paragraph 1 shall report to the competent authority of the CCP or CCPs it usesESMA the outcome of the calculation referred to in paragraph 23 on an annual quarterly basis, confirming their compliance with the obligation set out in that paragraph. The CCP’s competent authority 1. ESMA shall immediately transmit that information to ESMA and the Joint Monitoring Mechanism referred to in Article 23c.
2023/07/07
Committee: ECON
Amendment 276 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 648/2012
Article 7 – paragraph 5 − point a
(a) the proportion of activity in each category of the derivative contracts referred to in paragraph 2; that proportion shall be set at a level that results in a reduction in clearing in those derivative contracts at those Tier 2 CCPs offering services of substantial systemic importance for the financial stability of the Union or one or more of its Member States pursuant to Article 25(2c) and that ensures clearing in such derivative contracts is no longer of substantial systemic importance;
2023/07/07
Committee: ECON
Amendment 278 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 648/2012
Article 7 − paragraph 5 − point b
(b) the methodology for calculation under paragraph 3, including for calculation of proportions of activity of individual financial institutions.
2023/07/07
Committee: ECON
Amendment 280 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 648/2012
Article 7 – paragraph 5 − point b a (new)
(ba) the phase-in period of the active account requirement, allowing for gradual implementation in order to avoid market distortions;
2023/07/07
Committee: ECON
Amendment 281 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 648/2012
Article 7 a – paragraph 5 – subparagraph 1 a (new)
For the purpose of point (a), ESMA shall ensure that the initial proportion shall not be lower than 15% and be set at a level that results in a reduction in clearing in those derivative contracts at those Tier 2 CCPs offering services of substantial systemic importance for the financial stability of the Union or one or more of its Member States pursuant to Article 25(2c). This proportion shall be reviewed annually and be increased, as appropriate, to ensure that clearing in any derivative contracts is no longer of substantial systemic importance by 2029.
2023/07/07
Committee: ECON
Amendment 283 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 648/2012
Article 7 a – paragraph 5 − subparagraph 2
ESMA shall submit those draft regulatory technical standards to the Commission by … [PO: please insert the date = 12six months after the date of entry into force of this Regulation].
2023/07/07
Committee: ECON
Amendment 284 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
(5a) ESMA shall, in cooperation with the EBA, EIOPA and ESRB and after consulting the ESCB, develop draft implementing technical standards specifying the format of the information to be submitted to the competent authorities referred to in paragraph 4. ESMA shall submit those draft implementing technical standards to the Commission by [PO: please insert the date = 6 months after the date of entry into force of this Regulation]. Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
2023/07/07
Committee: ECON
Amendment 290 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 648/2012
Article 7 b – paragraph 2 – subparagraph 1 – introductory part
Clearing members and clients that are established in the Union or are part of a group subject to consolidated supervision in the Union and that clear in a CCP authorised under Article 14 or recognised under Article 25, shall report to their competent authorityESMA the scope of their clearing activity in such CCP on an annual quarterly basis, specifying all of the following:
2023/07/07
Committee: ECON
Amendment 291 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 648/2012
Article 7 b − paragraph 2 − subparagraph 2
That competent authorityESMA shall promptly transmit that information to ESMA and the Joint Monitoring Mechanism referred to in Article 23c.
2023/07/07
Committee: ECON
Amendment 292 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) No 648/2012
Article 7 b – paragraph 4 − subparagraph 1
ESMA shall develop draft implementing technical standards specifying the format of the information to be submitted to the competent authority referred to inin accordance with paragraph 2.
2023/07/07
Committee: ECON
Amendment 296 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b – indent 2
— point (b) is deleted.
2023/07/07
Committee: ECON
Amendment 297 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b a (new)
Regulation (EU) No 648/2012
Article 9 – paragraph 1 f
(ba) Paragraph 1f is replaced by the following: ‘1f. Counterparties and CCPs that are subject to the reporting obligation referred to in paragraph 1 may delegate that reporting obligation. When doing so, Counterparties and CCPs remain fully responsible, and legally liable, for reporting the details of OTC derivatives as well as for ensuring the correctness of the details reported.’
2023/07/07
Committee: ECON
Amendment 299 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – introductory part
Regulation (EU) No 648/2012
Article 10
(6) in Article 10, paragraphs 2a to 5 are replaced by the is amended as following:s
2023/07/07
Committee: ECON
Amendment 300 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a (new)
Regulation (EU) No 648/2012
Article 10 – paragraph 1 – subparagraph 1
(a) The first subparagraph of paragraph 1 is replaced by the following: 1. A non-financial counterparty taking positions in OTC derivative contracts may calculate, annually, its average of the three highest month-end averages positions within the precedent 12 months in accordance with paragraph 3.
2023/07/07
Committee: ECON
Amendment 301 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b (new)
Regulation (EU) No 648/2012
Article 10 – paragraph 2
(b) In paragraph 2, the ‘aggregate month-end average position for the previous 12 months’ is replaced by the ‘average of the three highest month-end average positions over the previous 12 months’.
2023/07/07
Committee: ECON
Amendment 302 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point c (new)
Regulation (EU) No 648/2012
Article 10 – paragraphs 2 a to 5
(c) Paragraphs 2a to 5 are replaced by the following:
2023/07/07
Committee: ECON
Amendment 306 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) No 648/2012
Article 10 – paragraph 3
3. In calculating the positions referred to in paragraph 1, the non-financial counterparty shall include all the OTC derivative contracts that are not cleared in a CCP authorised under Article 14 or recognised under Article 25 entered into by the non-financial counterparty which are not objectively measurable as reducing risks directly relating to the commercial activity or treasury financing activity ofentered into by the non-financial counterparty or by other non-financial entities within the group to which the non-financial counterparty belongs.
2023/07/07
Committee: ECON
Amendment 307 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) No 648/2012
Article 10 – paragraph 4 – point (a)
(a) criteria for establishing which OTC derivative contracts are objectively measurable as reducing risks directly relating to the commercial activity or treasury financing activity referred to in paragraph 3;deleted
2023/07/07
Committee: ECON
Amendment 309 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) No 648/2012
Article 10 – paragraph 4 – point c
(c) the mechanisms triggering a review of the values of the clearing thresholds following significant price fluctuations in the underlying class of OTC derivatives or significant increase of financial stability risks.
2023/07/07
Committee: ECON
Amendment 310 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point -a (new)
Regulation (EU) No 648/2012
Article 11 – paragraph 1 – subparagraph 1
(-a) in paragraph 1, the first subparagraph is replaced by the following: 1. Financial counterparties and non- financial counterparties that enter into an OTC derivative contract not cleared by a CCP, shall ensure, exercising due diligence, that appropriathe procedures and arrangements are in place to measure, monitor and mitigate operational risk and counterparty credit risk, are at least equivalent to those of a CCP and includinge at least:
2023/07/07
Committee: ECON
Amendment 312 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) No 648/2012
Article 11 – paragraph 2– subparagraph 2
A non-financial counterparty becoming subject for the first time to the obligations laid down in the first subparagraph shall set up the necessary arrangements to comply with those obligations within four months following the notification referred to in Article 10(1), second subparagraph, point (a). A non-financial counterparty shall be exempted from those obligations for contracts entered into during the four months following that notification.;
2023/07/07
Committee: ECON
Amendment 315 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) No 648/2012
Article 11 – paragraph 3– subparagraph 1 a
Counterparties shall notify to ESMA the models used for initial margin calculation at least three months prior to their usage. ESMA may object to the use of a specific initial margin model by the counterparty if the model does not meet the conditions laid down in the regulatory technical standards referred to in paragraph 15. Where ESMA objects to the use of a specific initial margin model, the counterparty is entitled to continue using the initial margin model up to 6 months following receipt of the objection. Where counterparties cease using such models, they shall notify ESMA by the end of the quarter in which they ceased using the model. Financial counterparties shall report information on the risk-management procedures mentioned in the first subparagraph, including, where relevant, in relation to initial margin models used, to ESMA and shall disclose key information on these risk-management procedures.
2023/07/07
Committee: ECON
Amendment 316 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) No 648/2012
Article 11 – paragraph 3– subparagraph 2
A non-financial counterparty becoming subject for the first time to the obligations laid out in the first subparagraph shall set up the necessary arrangements to comply with those obligations within four months following the notification referred to in Article 10(1), second subparagraph, point (a). A non-financial counterparty shall be exempted from those obligations for contracts entered into during the four months following that notification.
2023/07/07
Committee: ECON
Amendment 319 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) No 648/2012
Article 11 – paragraph 3– subparagraph 3
EBA may issue guidelines or recommendations with a view to ensure a uniform application of the risk- management procedures referred to in the first subparagraph, in accordance with the procedure laid down in Article 16 of Regulation (EU) No 1095/2010.deleted
2023/07/07
Committee: ECON
Amendment 320 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) No 648/2012
Article 11 – paragraph 3– subparagraph 4
EBA shall develop drafts of those guidelines or recommendations in cooperation with the ESAs.;deleted
2023/07/07
Committee: ECON
Amendment 322 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c
Regulation (EU) No 648/2012
Article 11 – paragraph 15– subparagraph 1– point c
(c) in paragraph 15, first subparagraph, point (aa) is deleted is amended as follows.
2023/07/07
Committee: ECON
Amendment 323 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c – point i (new)
Regulation (EU) No 648/2012
Article 11 – paragraph 15 – subparagraph 1– point (aa)
(aa) the supervisory procedures to ensure initial and ongoing validation of those risk-management proceduresi) point (aa) is replaced by the following: “(aa) the supervisory requirements for counterparties in connection with initial margin models additional to those specified in point (a);”;
2023/07/07
Committee: ECON
Amendment 324 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c – point 2 (new)
Regulation (EU) No 648/2012
Article 11 – paragraph 15 – subparagraph 1 – point (ab)
(ii) the following point (ab) is inserted: “(ab) the data standards, formats and type of information to be reported and disclosed on risk-management procedures, including where relevant on initial margin models, in accordance with the supervisory requirements referred to in point (aa);”
2023/07/07
Committee: ECON
Amendment 325 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EU) No 648/2012
Article 12 – paragraphs 1 a and 1 b (new)
(7a) In Article 12 the following paragraphs are inserted: ‘1a. Member States shall ensure that competent authorities are able to impose period penalty payments to financial and non-financial counterparties that infringe Article 7a or Article 7b of this Regulation. The amount of the periodic penalty payments shall be at least 3 % of the average daily turnover in the preceding business year and should be imposed for a period of 6 months or until the infringement ceases.' ‘1b. Member States shall ensure that competent authorities are able to impose period penalty payments to financial and non-financial counterparties when the data reported in accordance with Article 9 contain manifest errors or when financial or non-financial counterparties have not exercised due diligence when checking and reporting these data. By [12 months after entry into force of this Regulation] ESMA shall draft guidelines in accordance with Article 16 of Regulation (EU) No 1095/2010 further specifying the due diligence checks and procedures expected from financial and non-financial counterparties subject to the reporting obligation in accordance with Article 9 of this Regulation and the penalties that may be imposed by competent authorities.
2023/07/07
Committee: ECON
Amendment 326 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point -a (new)
Regulation (EU) No 648/2012
Article 14 – paragraph 1
(-a) paragraph 1 is replaced by the following: “1. Where a legal person established in the Union intends to provide clearing services as a CCP, it shall apply for authorisation to the competent authority of the Member State where it is established (the CCP’s competent authority), in accordance with the procedure set out in Article 17.ESMA, in accordance with the procedure set out in Article 17. ESMA shall inform the competent authority of the Member State where it is established without delay."
2023/07/07
Committee: ECON
Amendment 328 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Regulation (EU) No 648/2012
Article 15 – subparagraph 1
A CCP wishing to extend its business to additional services or activities not covered by the existing authorisation shall submit a request for extension to the CCP’s competent authorityESMA. The offering of clearing services or activities for which the CCP has not already been authorised shall be considered to be an extension of that authorisation.
2023/07/07
Committee: ECON
Amendment 329 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Regulation (EU) No 648/2012
Article 17 − paragraph 1 − subparagraph 1
The applicant CCP shall submit an application for authorisation as referred to in Article 14(1) or an application for an extension of its authorisation as referred to in Article 15(1) in an electronic format via the central database referred to in paragraph 7. The application shall be immediately shared with the CCP’sESMA the competent authority, ESMA of the Member State where the CCP is established and the college referred to in Article 18(1).
2023/07/07
Committee: ECON
Amendment 332 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Regulation (EU) No 648/2012
Article 17 – paragraph 1– subparagraph 2
The CCP’s competent authorityESMA shall, within 2ten working days after such application has been received, acknowledge receipt of the application, stating to the CCP whether it contains the documents required pursuant to Article 14(6) and (7) or, where the CCP has applied for an extension of its authorisation, pursuant to Article 15(3) and (4).
2023/07/07
Committee: ECON
Amendment 334 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Regulation (EU) No 648/2012
Article 17 – paragraph 1– subparagraph 3
Where the CCP’s competent authorityESMA determines that not all documents required pursuant to Article 14(6) and (7) or Article 15(3) and (4) have been submitted, it shall reject the CCP’s application.
2023/07/07
Committee: ECON
Amendment 336 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Regulation (EU) No 648/2012
Article 17 – paragraph 3 – subparagraph 1 – introductory part
Within 40 working days of the end of the period set out in the second subparagraph of paragraph 1 (“the risk assessment period”), the CCP’s competent authority, ESMA and the college shall each conduct risk assessments of the CCP’s compliance with the relevant requirements laid down in this Regulation. By the end of the risk assessment period:
2023/07/07
Committee: ECON
Amendment 337 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Regulation (EU) No 648/2012
Article 17 – paragraph 3 – subparagraph 1 – point a
(a) the CCP’s competent authorityESMA shall transmit its draft decision and report to ESMA and the college and the competent authority of the Member State where the CCP is established ;
2023/07/07
Committee: ECON
Amendment 338 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Regulation (EU) No 648/2012
Article 17 – paragraph 3 – subparagraph 1 – point b
(b) ESMA shall adopt an opinion in accordance with Article 24a(7) and transmit it to the CCP’s competent authority and the college;;deleted
2023/07/07
Committee: ECON
Amendment 339 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Regulation (EU) No 648/2012
Article 17 – paragraph 3 – subparagraph 1 – point c
(c) the college shall adopt an opinion pursuant to Article 19 and transmit it to the CCP’s competent authority and ESMA.deleted
2023/07/07
Committee: ECON
Amendment 340 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Regulation (EU) No 648/2012
Article 17 – paragraph 3 – subparagraph 2
For the purposes of point (b), ESMA may include in its opinion any conditions or recommendations it considers necessary to mitigate any shortcomings in the CCP's risk management, in particular in relation to identified cross-border risks or risks to the financial stability of the Union.deleted
2023/07/07
Committee: ECON
Amendment 341 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Regulation (EU) No 648/2012
Article 17 – paragraph 3 − subparagraph 3
For the purposes of point (c), the college may include in its opinion any conditions or recommendations it considers necessary to mitigate any shortcomings in the CCP's risk management.;deleted
2023/07/07
Committee: ECON
Amendment 342 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c
Regulation (EU) No 648/2012
Article 17 − paragraph 3 a
3a. During the risk assessment period referred to in paragraph 3, the CCP’s competent authority, ESMA or any of the college members may submit questions directly to the CCP. Where the CCP does not respond to such questions within the time period set by the requesting authority, the CCP’s competent authority, ESMA or the college may take a decision in the absence of the CCP’s response or may decide to extend the assessment period by a maximum of 10 working days, if, in their view, the question is material for the assessment.
2023/07/07
Committee: ECON
Amendment 344 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c
Regulation (EU) No 648/2012
Article 17 − paragraph 3 b – subparagraph 1
Within 10ten working days of receipt of both the ESMA opinion and the college opinion, the CCP’s competent authoritythe college opinion, ESMA shall adopt its decision and transmit it to ESMA and the college.
2023/07/07
Committee: ECON
Amendment 346 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c
Where the CCP’s competent authorityESMA does not agree with an opinion of ESMA or the college, including any conditions or recommendations contained therein, its decision shall contain full reasons and an explanation of any significant deviation from that opinion or conditions or recommendations.
2023/07/07
Committee: ECON
Amendment 347 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c
Regulation (EU) No 648/2012
Article 17 − paragraph 3 b – subparagraph 3
ESMA shall publish the fact that a competent authority does not comply or does not intend to comply with its opinion or the opinion of the college or with any conditions or recommendations included therein. ESMA may also decide, on a case by case basis, to publish the reasons provided by the competent authority for not complying with the ESMA opinion or the college opinion or any conditions or recommendations contained therein.;deleted
2023/07/07
Committee: ECON
Amendment 348 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point d
Regulation (EU) No 648/2012
Article 17 − paragraph 4 – subparagraph 1 – introductory part
The CCP’s competent authorityESMA shall, after duly considering the opinions of ESMA and the college referred to in paragraph 3, including any conditions or recommendations contained therein, grant authorisation as referred to in Articles 14 and Article 15(1), second subparagraph, point (a), only where it is fully satisfied that the applicant CCP:
2023/07/07
Committee: ECON
Amendment 351 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point d
Regulation (EU) No 648/2012
Article 17 − paragraph 4 − subparagraph 2
The CCP shall not be authorised where all the members of the college, excluding the authorities of the Member State where the CCP is established, reach a joint opinion by mutual agreement, pursuant to Article 19(1), that the CCP not be authorised. That opinion shall state in writing the full and detailed reasons why the college considers that the requirements laid down in this Regulation or other Union law are not met.
2023/07/07
Committee: ECON
Amendment 352 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point d
Regulation (EU) No 648/2012
Article 17 − paragraph 4 − subparagraph 3
Where a joint opinion by mutual agreement as referred to in the second subparagraph has not been reached and a majority of two-thirds of the college have expressed a negative opinion, any of the competent authorities concerned, based on that majority of two-thirds of the college, may, within 30 calendar days of the adoption of that negative opinion, refer the matter to ESMA in accordance with Article 19 of Regulation (EU) No 1095/2010.deleted
2023/07/07
Committee: ECON
Amendment 353 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point d
Regulation (EU) No 648/2012
Article 17 − paragraph 4 − subparagraph 4
The referral decision shall state in writing the full and detailed reasons why the relevant members of the college consider that the requirements laid down in this Regulation or other parts of Union law are not met. In that case the CCP’s competent authority shall defer its decision on authorisation and await any decision on authorisation that ESMA may take in accordance with Article 19(3) of Regulation (EU) No 1095/2010. The competent authority shall take its decision in conformity with ESMA’s decision. The matter shall not be referred to ESMA after the end of the 30-day period referred to in the third subparagraph.deleted
2023/07/07
Committee: ECON
Amendment 354 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point d
Regulation (EU) No 648/2012
Article 17 − paragraph 4 − subparagraph 5
Where all the members of the college, excluding the authorities of the Member State where the CCP is established, reach a joint opinion by mutual agreement, pursuant to Article 19(1), that the CCP not be authorised, the CCP’s competent authority may refer the matter to ESMA in accordance with Article 19 of Regulation (EU) No 1095/2010.deleted
2023/07/07
Committee: ECON
Amendment 355 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point d
Regulation (EU) No 648/2012
Article 17 − paragraph 4 − subparagraph 6
The competent authority of the Member State where the CCP is established shall transmit the decision to the other competent authorities concerned.;deleted
2023/07/07
Committee: ECON
Amendment 358 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point e
Regulation (EU) No 648/2012
Article 17 − paragraph 7 – subparagraph 1
ESMA shall maintain a central database providing access to the CCP’s competent authority, ESMA, and the members of the college for that CCP (‘registered recipients’), to all documents registered within the database for that CCP. The CCP shall submit the application referred to in Article 14, Article 15(1), second subparagraph, point (a), and Article 49 via that database.
2023/07/07
Committee: ECON
Amendment 359 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point e
Regulation (EU) No 648/2012
Article 17 − paragraph 7 – subparagraph 2
The registered recipients shall upload promptly all documents they receive from the CCP in relation to an application pursuant to paragraph 1 and the central database shall automatically inform the registered recipients when changes have been made to its content. The central database shall contain all documents provided by an applicant CCP under paragraph 1 and all other documents relevant for the assessment by the CCP’s competent authority, ESMA and the college.
2023/07/07
Committee: ECON
Amendment 361 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17a – paragraph 1 – point b
(b) adds a new Union currency in a class of financial instruments already covered by the CCP’s authorisation; ordeleted
2023/07/07
Committee: ECON
Amendment 368 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 a – paragraph 2
2. The CCP’s competent authorityESMA may, after considering the input of the joint supervisory team set up for that CCP pursuant to Article 23b, also decide to apply the non-objection procedure of this Article where a CCP so requests and where the proposed additional clearing service or activity does not fulfil any of the following conditions:
2023/07/07
Committee: ECON
Amendment 374 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 a – paragraph 2 a (new)
2a. ESMA shall, in close cooperation with the ESCB, develop draft regulatory technical standards specifying the conditions laid down in paragraph 2 of this Article that are necessary for a clearing service or activity to be eligible to the non-objection procedure set up in paragraph 1 of this Article . ESMA shall submit those draft regulatory technical standards to the Commission by … [PO: please insert the date = 12 months after the date of entry into force of this Regulation]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010 ;
2023/07/07
Committee: ECON
Amendment 377 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 a – paragraph 3
A CCP that applies for an extension of its authorisation requesting that the non- objection procedure be applied and the proposed additional clearing services or activities fall within the scope of paragraph 1, may start clearing such additional financial instruments or non- financial instruments suitable for clearing before the decision of the CCP’s competent authority pursuant to paragraph 4.deleted
2023/07/07
Committee: ECON
Amendment 378 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 a – paragraph 4
4. Within 120 working days of receipt 4. of an application pursuant to paragraph 2, the CCP’s competent authorityESMA shall, after considering the input of the joint supervisory team set up for that CCP pursuant to Article 23b, decide whether the application shall be subject to the non- objection procedure set out in this Article or, if the CCP’s competent authorityESMA has identified material risks as a result of the proposed extension of the CCP’s business to additional clearing services or activities, that the procedure set out in Article 17 shall apply. The CCP’s competent authorityESMA shall notify the applicant CCP of its decision. Where the CCP’s competent authority has decided that the procedure set out in Article 17 shall apply, the CCP shall, within 5 working days after receipt of such notification, cease providing such clearing service or activity.
2023/07/07
Committee: ECON
Amendment 382 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 a – paragraph 5
5. Where a CCP’s competent authority,ESMA after considering the input of the joint supervisory team set up for that CCP pursuant to Article 23b, has not expressed its objection to the CCP’s proposed additional services or activities within 10 working days of receipt of the application where paragraph 1 applies or of receipt of the notification referred to in paragraph 4, where that paragraph applies, confirming that the non-objection procedure set out in this Article applies, the authorisation shall be deemed as granted.
2023/07/07
Committee: ECON
Amendment 383 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 a – paragraph 5 a (new)
5a. The requesting CCP shall not be permitted to start a new activity or service for which it has requested the application of this Article before the end of the non- objection procedure.
2023/07/07
Committee: ECON
Amendment 384 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 b – paragraph 1
A CCP’s competent authorityWhen intending to adopt a decision in relation to Article 20, 21, 30, 31, 32, 35, 41, 49, 51 or 54, ESMA shall submit in electronic format via the central database referred to in Article 17(7) a request for an opinion: by the college pursuant to Article 18. The request for an opinion referred to in the first subparagraph, together with all relevant documents, shall be shared immediately with the registered recipients
2023/07/07
Committee: ECON
Amendment 386 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 b – paragraph 1
(a) by ESMA pursuant to Article 23a(2), where the competent authority intends to adopt a decision in relation to Articles 7, 8, 20, 21, 29, 30, 31, 32, 33, 35, 36, 41 and 54;deleted
2023/07/07
Committee: ECON
Amendment 387 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 b – paragraph 1
(b) by the college pursuant to Article 18, where the competent authority intends to adopt a decision in relation to Article 20, 21, 30, 31, 32, 35, 41, 49, 51 and 54.deleted
2023/07/07
Committee: ECON
Amendment 388 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 b – paragraph 1
That request for an opinion shall be shared immediately with the registered recipients.deleted
2023/07/07
Committee: ECON
Amendment 389 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 b – paragraph 2
2. Unless otherwise specified under the relevant Article, ESMA and the college shall, within 30 working days of receipt of the request referred to in paragraph 1 (‘the assessment period’), assess the CCP’s compliance with the respective requirements. By the end of the assessment period, ESMA shall transmit its draft decision and report to the CCP’s competent authority and the college, and the college shall adopt an opinion pursuant to Article 19 and transmit it to ESMA and the CCP’s competent authority. The college may include in its opinion any conditions or recommendations that it considers necessary to mitigate any shortcomings in the CCP's risk management:
2023/07/07
Committee: ECON
Amendment 390 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 b – paragraph 2
(a) the CCP’s competent authority shall transmit its draft decision and report to ESMA and the college;deleted
2023/07/07
Committee: ECON
Amendment 391 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 b – paragraph 2
(b) ESMA shall adopt an opinion in accordance with Article 24a(7), first subparagraph, point (bc), and transmit it to the CCP’s competent authority and the college. ESMA may include in its opinion any conditions or recommendations it considers necessary to mitigate any shortcomings in the CCP's risk management, in particular in relation to identified cross-border risks or risks to the financial stability of the Union;deleted
2023/07/07
Committee: ECON
Amendment 392 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 b – paragraph 2
(c) the college shall adopt an opinion pursuant to Article 19 and transmit it to ESMA and the CCP’s competent authority. The college opinion may include conditions or recommendations it considers necessary to mitigate any shortcomings in the CCP's risk management.deleted
2023/07/07
Committee: ECON
Amendment 393 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 b – paragraph 3
Within 10 working days of receipt of the ESMAcollege’s opinion and, where required, the college opinion, the CCP’s competent authority ESMA shall, after duly considering the opinions of ESMA and the college, including any conditions or recommendations contained therein, adopt its decision and transmit it to ESMA and the college.
2023/07/07
Committee: ECON
Amendment 394 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 b – paragraph 3
Where the CCP’s competent authorityESMA does not agree with an opinion of ESMA or the college, including any conditions or recommendations contained therein, its decision shall contain full reasons and an explanation of any significant deviation from that opinion or conditions or recommendations.
2023/07/07
Committee: ECON
Amendment 395 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) No 648/2012
Article 17 b – paragraph 3
ESMA shall publish the fact that a competent authority does not comply or does not intend to comply with its opinion or the opinion of the college or with any conditions or recommendations included therein. ESMA may also decide, on a case by case basis, to publish the reasons provided by the competent authority for not complying with the ESMA opinion or the college opinion or any conditions or recommendations contained therein.;deleted
2023/07/07
Committee: ECON
Amendment 396 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point a
Regulation (EU) No 648/2012
Article 18 – paragraph 1
1. Within 30 calendar days of the submission of a complete application in accordance with Article 17, the CCP's competent authorityESMA shall establish a college to facilitate the exercise of the tasks referred to in Articles 15, 17 , 20, 21, 30, 31, 32, 35, 41, 49, 51 and 54.;
2023/07/07
Committee: ECON
Amendment 397 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point a
Regulation (EU) No 648/2012
Article 19 – paragraph 1
Without prejudice to Article 17(4), third subparagraph, and iIf no joint opinion is reached in accordance with the first subparagraph, the college shall adopt a majority opinion within the same period.;
2023/07/07
Committee: ECON
Amendment 398 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point a
Regulation (EU) No 648/2012
Article 19 – paragraph 1
When casting their votes, and where appropriate, college members should provide a short reasoning of their vote’
2023/07/07
Committee: ECON
Amendment 399 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EU) No 648/2012
Article 20 – paragraph 3
3. The CCP’s competent authorityESMA shall consult ESMA and the members of the college, in accordance with paragraph 6, on the necessity to withdraw the authorisation of the CCP, except where a decision is required urgently.
2023/07/07
Committee: ECON
Amendment 400 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EU) No 648/2012
Article 20 – paragraph 4
4. ESMA or aAny member of the college may, at any time, request that the CCP’s competent authorityESMA examine whether the CCP remains in compliance with the conditions under which authorisation was granted.
2023/07/07
Committee: ECON
Amendment 401 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EU) No 648/2012
Article 20 – paragraph 5
5. The CCP’s competent authorityESMA may limit the withdrawal to a particular service, activity, or class of financial instruments or non-financial instruments.
2023/07/07
Committee: ECON
Amendment 402 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EU) No 648/2012
Article 20 – paragraph 6
6. Before the CCP’s competent authorityESMA takes a decision to withdraw a particular service, activity, or class of financial instruments or non- financial instruments, it shall request the opinions of ESMA and the college in accordance with Article 17b.
2023/07/07
Committee: ECON
Amendment 403 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EU) No 648/2012
Article 20 – paragraph 7
7. Where a CCP’s competent authorityESMA takes a decision on the withdrawal of authorisation in full or in relation to a particular service, activity, or class of financial instruments or non- financial instruments, that decision shall take effect throughout the Union.;
2023/07/07
Committee: ECON
Amendment 404 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a
Regulation (EU) No 648/2012
Article 21 – paragraph 1
1. The competent authorities referred to in Article 22 shall doESMA shall do at least all of the following:
2023/07/07
Committee: ECON
Amendment 405 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point b
Regulation (EU) No 648/2012
Article 21 – paragraph 3
The competent authoritiesESMA shall, after having considered the input of the joint supervisory team set up for that CCP pursuant to Article 23bcollege, establish the frequency and depth of the review and evaluation referred to in paragraph 1 of this Article, having particular regard to the size, systemic importance, nature, scale, complexity of the activities and interconnectedness with other financial market infrastructures of the CCPs concerned and to the supervisory priorities established by ESMA in accordance with Article 24a(7), first subparagraph, point (ba). The competent authoritiesESMA shall update the review and evaluation at least on an annual basis.
2023/07/07
Committee: ECON
Amendment 406 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point b
Regulation (EU) No 648/2012
Article 21 – paragraph 3
CCPs shall be subject to on-site inspections. Competent authoritiesESMA shall invite the members of the joint supervisory team set up for that CCP pursuant to Article 23b,college to participate in on- site inspections.
2023/07/07
Committee: ECON
Amendment 407 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point b
Regulation (EU) No 648/2012
Article 21 – paragraph 3
The competent authorityESMA shall forward to the members of the joint supervisory team set up for that CCP pursuant to Article 23b collegeany information received from the CCPs during or in relation to on-site inspections.
2023/07/07
Committee: ECON
Amendment 408 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point b
Regulation (EU) No 648/2012
Article 21 – paragraph 4
4. The competent authoritiesESMA shall regularly, and at least annually, submit a report to the college on the results of the review and evaluation as referred to in paragraph 1, including whether the competent authority has taken any remedial action or imposed penalties. The competent authorities shall communicate the report covering a calendar year to ESMA by 30 March of the following calendar year. That report shall be subject to an opinion of the college pursuant to Article 19 and an opinion by ESMA pursuant to Article 24a(7), first subparagraph, point (bc), issued in accordance with the procedure set out in Article 17b.at report shall be subject to an opinion of the college pursuant to Article 19;
2023/07/07
Committee: ECON
Amendment 412 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 17 – introductory part
Regulation (EU) No 648/2012
Article 23a
(17) Article 23a is amended as follows:deleted
2023/07/07
Committee: ECON
Amendment 413 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point a
Regulation (EU) No 648/2012
Article 23a
(a) paragraphs 1 and 2 are replaced by the following: ‘ 1. role between competent authorities and across colleges to: (a) culture and consistent supervisory practices; (b) consistent approaches; (c) supervisory outcomes, in particular with regard to supervisory areas which have a cross-border dimension or a possible cross-border impact; (d) emergency situations in accordance with Article 24; (e) opinions to competent authorities pursuant to paragraph 2 on CCPs’ compliance with the requirements of this Regulation, in particular in relation to identified cross-border risks or risks to the financial stability of the Union, and providing recommendations as to how a CCP shall mitigate those risks. 2. Competent authorities shall submit their draft decisions to ESMA for its opinion before adopting any act or measure pursuant to Articles 7, 8 and 14, Article 15(1), second subparagraph, point (a) and Articles 20 and 21, Articles 29 to 33, and Articles 35, 36, 41, and 54. Competent authorities may also submit draft decisions to ESMA for its opinion before adopting any other act or measure in accordance with their duties under Article 22(1).; ’deleted ESMA shall fulfil a coordination build a common supervisory ensure uniform procedures and strengthen consistency in strength coordination in assess risks when providing
2023/07/07
Committee: ECON
Amendment 414 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point b
Regulation (EU) No 648/2012
Article 23a
(b) paragraphs 3 and 4 are deleted;
2023/07/07
Committee: ECON
Amendment 415 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) No 648/2012
Article 23b – paragraph 1
1. A joint supervisory team shall be established for the supervision of each CCP authorised under Article 14. Each joint supervisory team shall be composed of staff members from the CCP’s competent authority, ESMA and the members of the college referred to in Article 18, points (c), (g) and (h). Other members of the college may also request to participate in the joint supervisory team. Joint supervisory teams shall work under the coordination of a designated competent authority staff member. ESMA staff member, the JST Coordinator. Joint supervisory team members shall follow the JST coordinator’s instructions as regards their tasks in the joint supervisory team. This shall not affect their tasks and duties within their respective competent authorities. Unless justified, the JST coordinator shall not be from the country where the CCP has its headquarter. The CCP Supervisory Committee shall ensure that the JST is composed of staff with sufficient degree and diversity of knowledge, background, expertise and experience.
2023/07/07
Committee: ECON
Amendment 417 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) No 648/2012
Article 23b – paragraph 2 – point a
(a) provide input to the competent authorities, ESMACCP Supervisory Committee and the colleges pursuant to Article 17a (2), (4) and (5)and Article 21(3);
2023/07/07
Committee: ECON
Amendment 418 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
(c a) contribute to the annual review and evaluation process, carried out by ESMA in accordance with Article 21(1);
2023/07/07
Committee: ECON
Amendment 419 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) No 648/2012
Article 23b – paragraph 2
(d) where a CCP’s competent authority so requests, provide assistance to that competent authority in assessing the CCP’s compliance with the requirementsconduct the day-to-day supervisory activities for CCPs authorised in accordance with Article 14 of this Regulation.
2023/07/07
Committee: ECON
Amendment 420 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) No 648/2012
Article 23b – paragraph 3
3. The CCP’s competent authoritySupervisory Committee shall be in charge of the establishment of joint supervisory teams.
2023/07/07
Committee: ECON
Amendment 423 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) No 648/2012
Article 23c – paragraph 1 – subparagraph 2 – point c a (new)
(c a) the central banks of issue of the currencies other than the euro in which the derivative contracts referred to in paragraph 2 of Article 7a are denominated.
2023/07/07
Committee: ECON
Amendment 426 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
(c) contribute to the development of Union-wide assessments of the resilience of CCPs focussing on horizontal credit and operational risks as well as liquidity risks concerning CCPs, clearing members and clients;
2023/07/07
Committee: ECON
Amendment 429 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) No 648/2012
Article 23c – paragraph 2 – point d
(d) identify concentration risks, in particular in client clearing, due to the integration of Union financial markets, including where several CCPs, clearing members or clients use the same service providers, due to clients accessing the same CCP via different clearing members of that CCP, or due to clients maintaining large positions in markets of products that the CCP clears;
2023/07/07
Committee: ECON
Amendment 430 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) No 648/2012
Article 23c – paragraph 3
3. ESMA shall, in cooperation with the other bodies participating to the Joint Monitoring Mechanism, submit an annual report to the European Parliament, the Council and the Commission on the results of its activities pursuant to paragraph 2. ESMA shall, in cooperation with the college, duly consider, in the context of the annual review and evaluation process referred to in Article 21, any findings of the Joint Monitoring Mechanism on risks to central clearing. Based on the report referred to in the first sub-paragraph, the Commission may, where appropriate, submit to the European Parliament and the Council legislative proposal to preserve the Union’s financial stability and reduce the over reliance on third-country CCPs.
2023/07/07
Committee: ECON
Amendment 433 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 19
1. The CCP's competent authority orESMA any other relevant authority shall inform ESMA, the college, the relevant members of the ESCB, the Commission and other relevant authorities without undue delay of any emergency situation relating to a CCP, including all of the following:
2023/07/07
Committee: ECON
Amendment 436 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 19
Regulation (EU) No 648/2012
Article 24 – paragraph 4
Where a meeting of the CCP Supervisory Committee is held pursuant to an emergency situation as specified in point c of subparagraph 1, the relevant central banks of issue shall be invited to the meeting.
2023/07/07
Committee: ECON
Amendment 437 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a – introductory part
Regulation (EU) No 648/2012
Article 24a – paragraph 1
(a) in paragraph 2, point (d) (ii) is replaced by the is amended as followings:
2023/07/07
Committee: ECON
Amendment 438 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a – point 1 (new)
Regulation (EU) No 648/2012
Article 24a – paragraph 1
1) point (d) (ii) is replaced by the following:
2023/07/07
Committee: ECON
Amendment 440 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a – point 2 (new)
Regulation (EU) No 648/2012
Article 24a – paragraph 1 – point e
2) point (e) is added: ‘(e) the competent authorities responsible for the supervision of the three clearing members with the largest contributions, calculated on an aggregate basis over a one-year period, to the default fund, referred to in Article 42 of this Regulation, of each of the CCPs authorised in accordance with Article 14 or recognised in accordance with Article 25 of this Regulation, including, where relevant, the ECB in the framework of the tasks concerning the prudential supervision of credit institutions within the Single Supervisory Mechanism conferred upon it in accordance with Council Regulation (EU) No 1024/2013, who shall be non-voting.’
2023/07/07
Committee: ECON
Amendment 442 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point b
Regulation (EU) No 648/2012
Article 24a – paragraph 3
3. The Chair may invite as observers to the meetings of the CCP Supervisory Committee, where appropriate and necessary, members of the colleges referred to in Article 18, representatives from the relevant authorities of clients where they are known and from the relevant Union institutions and bodies.;
2023/07/07
Committee: ECON
Amendment 443 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point c – point ii
Regulation (EU) No 648/2012
Article 24a – paragraph 7
(bc) prepare draft opindecisions for adoption by the Board of Supervisors in accordance with Articles 17 and 17b and draft validation decisions in accordance with Article 49;relation to Articles 7, 8, 14 to 17b, 20, 21, and 24 and Titles IV and V of this Regulation;
2023/07/07
Committee: ECON
Amendment 462 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 25 a (new)
Regulation (EU) No 648/2012
Article 27 – paragraph 2
(25 a) in Article 27, the following paragraph 2a is inserted: 2a. The composition of the CCP’s Board shall be sufficiently diversified to reflect an adequately broad range of experience and shall duly take into account gender- balance principle.’
2023/07/07
Committee: ECON
Amendment 464 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 29 – point a
Regulation (EU) No 648/2012
Article 37
1. A CCP shall establish, where relevant per type of product cleared, the categories of admissible clearing members and the admission criteria, upon the advice of the risk committee pursuant to Article 28(3). Such criteria shall be non- discriminatory, transparent and objective so as to ensure fair and open access to the CCP and shall ensure that clearing members have sufficient financial resources and operational capacity to meet the obligations arising from participation in a CCP. Criteria that restrict access shall be permitted only to the extent that their objective is to control the risk for the CCP. The criteria shall ensure that CCPs or clearing houses cannot be clearing members or provide client clearing services, directly or indirectly, ofat the CCP.;
2023/07/07
Committee: ECON
Amendment 467 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 29 – point c
Regulation (EU) No 648/2012
Article 37 – paragraph 7
ESMA shall, after having consulted the EBA and the ESCB, develop draft regulatory technical standards further specifying - the elements to be considered when laying down the admission criteria referred to in paragraph 1, - the participation requirements for accepting non-financial counterparties as clearing members in accordance with paragraph 1a., in particular as regards to their liquidity risk profile.
2023/07/07
Committee: ECON
Amendment 471 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 30 – point b a (new)
Regulation (EU) No 648/2012
Article 38 – paragraph 9
(b a) paragraph 9 is added: ‘9. ESMA shall, in consultation with EBA and the ESCB, develop draft regulatory technical standards further specifying the information to be provided pursuant to paragraphs 6, 7 and 8. ESMA shall submit those draft regulatory technical standards to the Commission by … [PO please enter 12 months after entry into force of this Regulation]. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.’
2023/07/07
Committee: ECON
Amendment 472 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point a
Regulation (EU) No 648/2012
Article 41 – paragraph 2
2. A CCP shall adopt models and parameters in setting its margin requirements that capture the risk characteristics of the products cleared and take into account the interval between margin collections, market liquidity and the possibility of changes over the duration of the transaction. The models shall be validated by the competent authority and subject to an opinion in accordance with Article 19 and an opinion by ESMA in accordance with Article 24a(7), first subparagraph, point (bc), issued in accordance with the procedure under Article 17band parameters shall be validated by ESMA.
2023/07/07
Committee: ECON
Amendment 475 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point a
Regulation (EU) No 648/2012
Article 41 – paragraph 3
3. A CCP shall call and collect margins on an intraday basis, at least when predefined thresholds are exceeded. In doing so a CCP shall consider the potential impact of its intraday margin collections and payments on the liquidity position of its participants and on the resilience of the CCP. A CCP shall strive to the best of its ability not to hold intraday variation margin calls after all payments due have been received.;
2023/07/07
Committee: ECON
Amendment 477 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 32
Regulation (EU) No 648/2012
Article 44 – paragraph 1
A CCP shall measure, on a daily basis, its potential liquidity needs. It shall take into account the liquidity risk generated by the default of at least the two entities, including clearing members or liquidity providers, to which it has the largest exposures.; in aggregate for all currencies and separately for each of the most relevant Union currencies of the financial instruments cleared.’
2023/07/07
Committee: ECON
Amendment 479 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 33 – point a
Regulation (EU) No 648/2012
Article 46 – paragraph 1
1. A CCP shall accept highly liquid collateral with minimal credit and market risk to cover its initial and ongoing exposure to its clearing members. AFor non- financial counterparties, a CCP may accept public guarantees or public bank or collateralized commercial bank guarantees, provided that they are unconditionally available upon request within the liquidation period referred to in Article 41. Where bank guarantees are provided to a CCP, that CCP shall take them into account when calculating its exposure to the bank that is also a clearing member. It shall also subject them to concentration limits and ensure that they only represent a small share of the total amount of the initial margin requirement of the non- financial clearing member. The CCP shall apply adequate haircuts to asset values and guarantees to reflect the potential for their value to decline over the interval between their last revaluation and the time by which they can reasonably be assumed to be liquidated. It shall take into account the liquidity risk following the default of a market participant and the concentration risk on certain assets that may result in establishing the acceptable collateral and the relevant haircuts. When revising the level of the haircuts it applies to the assets it accepts as collateral, the CCP shall take into account any potential procyclicality effects of such revisions.;
2023/07/07
Committee: ECON
Amendment 483 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 33 – point b – introductory part
Regulation (EU) No 648/2012
Article 46 – paragraph 1 – point b
(b) in paragraph 3, first subparagraph, point (b) and (c) are is replaced by the following:
2023/07/07
Committee: ECON
Amendment 486 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 33 – point b
Regulation (EU) No 648/2012
Article 46 – paragraph 3 – subparagraph 1 – point b a (new)
(b a) the conditions under which commercial bank guarantees may be accepted as collateral, including the limits referred to in paragraph 1’
2023/07/07
Committee: ECON
Amendment 492 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34 – point a
Regulation (EU) No 648/2012
Article 49 – paragraph 1
A CCP shall regularly review the models and parameters adopted to calculate its margin requirements, default fund contributions, collateral requirements and other risk control mechanisms. It shall subject the models to rigorous and frequent stress tests to assess their resilience in extreme but plausible market conditions and shall perform back tests to assess the reliability of the methodology adopted. The CCP shall obtain independent validation, shall inform its competent authority and ESMA of the results of the tests performed and shall obtain their validation in accordance with paragraphs 1a, to 1e before adopting any significant change to the models and parameters.
2023/07/07
Committee: ECON
Amendment 496 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34 – point a
Where a CCP considers that the change to the models referred to in paragraph 1 it intends to adopt is not significant as referred to paragraph 1g, the CCP shall request that the application be subject to a non-objection procedure under paragraph 1b. In that case, the CCP may start applying such change before the decision of the CCP’s competent authority and ESMA pursuant to paragraph 1b.
2023/07/07
Committee: ECON
Amendment 499 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34 – point a
Regulation (EU) No 648/2012
Article 49 – paragraph 1 b
Within 120 working days of the date referred to in the third subparagraph of paragraph 1a, the competeESMA, after taking into authority and ESMAccount input from the college, shall assess if the proposed change qualifies as a significant change pursuant to paragraph 1g. Where one of themit concludes that the change meets one of the conditions referred to in paragraph 1g, the application shall be assessed under paragraphs 1c, 1d and1e and the CCP’s competent authority, in cooperation with ESMA, shall inform in writing the applicant CCP thereof.
2023/07/07
Committee: ECON
Amendment 500 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34 – point a
Regulation (EU) No 648/2012
Article 49 – paragraph 1 b
Where within 120 working days of the date referred to in the third subparagraph of paragraph 1a, the applicant CCP has not been informed in writing that its request for the non-objection procedure to apply has been denied, that change shall be deemed as validated.
2023/07/07
Committee: ECON
Amendment 501 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34 – point a
Regulation (EU) No 648/2012
Article 49 – paragraph 1 b
Where a request for the non-objection procedure has been denied, the CCP shall, within 5 working days from the notification referred to in the first subparagraph, no longer use that model change. Within 10 working days from that notification, the CCP shall either withdraw the application or complement the application with the independent validation of the change.
2023/07/07
Committee: ECON
Amendment 504 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34 – point b
Regulation (EU) No 648/2012
Article 49 – paragraph 1 g – point a
(a) the change leads to a decrease or increase of the total pre-funded financial resources, including margin requirements, default fund and skin-in-the-game, greater than 15 %;
2023/07/07
Committee: ECON
Amendment 507 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34 – point b
Regulation (EU) No 648/2012
Article 49 – paragraph 1 g – point b
(b) the structure, structural elements or the margin parameters of the margin model are changed or a margin module is introduced, removed, or amended in a manner which leads to a decrease or increase of this margin module greater than 15 % at the CCP level;
2023/07/07
Committee: ECON
Amendment 512 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34 – point b
Regulation (EU) No 648/2012
Article 49 – paragraph 1 g – point d
(d) the methodology for defining and calibrating stress test scenarios for the purpose of determining default fund exposures, is changed, leading to a decrease or increase greater than 210 % of a default fund, or greater than 250 % of any individual default fund contribution;
2023/07/07
Committee: ECON
Amendment 514 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 34 – point b
Regulation (EU) No 648/2012
Article 49 – paragraph 1 g – point e
(e) the methodology applied to assess liquidity risk and monitor concentration risk, is changed, leading to a decrease or increase of the estimated liquidity needs in any currency greater than 210 % or the total liquidity needs greater than 10 5%;
2023/07/07
Committee: ECON
Amendment 526 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 35 a (new)
Regulation (EU) No 648/2012
Article 81 – paragraph 3 – point s (new)
(35 a) In Article 81 (3) the following point (s) is added: ‘(s) the designated national macroprudential authorities entrusted with the conduct of macroprudential policy referred to in Recommendation B1 of the Recommendation of the European Systemic Risk Board (ESRB) of 22 December 2011 on the macroprudential mandate of national authorities (ESRB/2011/3).
2023/07/07
Committee: ECON
Amendment 527 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 35 b (new)
Regulation (EU) No 648/2012
Article 81 – paragraph 4 – point a (new)
(35 b) The following paragraph 4a is inserted in Article 81: 4.a. A trade repository shall on a quarterly transmit basis to ESMA all the information collected pursuant article 9 of this Regulation.
2023/07/07
Committee: ECON
Amendment 528 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 36 a (new)
Regulation (EU) No 648/2012
Article 84 – paragraph 3 a (new)
(36 a) the following paragraph 3a is inserted in Article 84 3a. The Agency implementing Article 8(2) and (6) of Regulation (EU) No 1227/2011 shall transmit to ESMA the amount of trading taking place and on positions held in wholesale energy products.
2023/07/07
Committee: ECON
Amendment 530 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point b
Regulation (EU) No 648/2012
Article 85 – paragraph 1 – point b
1b. By [PO: please insert the date = 1 year after the entry into force of this Regulation] ESMA, after consulting ESRB and other relevant authorities, shall submit a report to the Commission on the possibility and feasibility to require the segregation of accounts acrosssets and positions the clearing chainld for accounts of non- financial and financial counterparties as clients. The report shall be accompanied by a cost- benefit analysis.; Based on this this report, the Commission shall, where appropriate, submit legislative proposal to the European Parliament and to the Council.’
2023/07/07
Committee: ECON
Amendment 533 #

2022/0403(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point b a (new)
(b a) The following paragraphs 5a and 5b are inserted: 5a. ESMA shall present an annual report to the European Parliament, the Council and the Commission on the overall activity in derivative transactions of EU non-financial counterparties, providing, inter alia, the following information: - the potential risks to EU financial stability that may arise from this type of activity; - the list of EU non-financial counterparties with positions in OTC commodity derivatives in excess of EUR 1 billion, specifying the exact amount of the positions concerned; - the total volume of energy derivative contracts traded by EU non-financial counterparties, distinguishing between those used for hedging and non-hedging purposes; - the total volume of agricultural derivative contracts traded by EU non- financial counterparties, distinguishing between those used for hedging and non- hedging purposes; - The share of OTC and exchange-traded energy/agriculture derivative contracts that are physically delivered on the expiry date in the total volume of energy derivative contracts traded by EU counterparties. 5b. ESMA shall present an annual report to the European Parliament, the Council and the Commission on the overall activity in derivative transactions of EU financial counterparties, providing, inter alia, the following information: - the potential risks to EU financial stability that may arise from this type of activity; - the list of EU financial counterparties with positions in OTC commodity derivatives in excess of EUR 1 billion, specifying the exact amount of the positions concerned; - the total volume of energy derivative contracts traded by EU financial counterparties; - the total volume of agricultural derivative contracts traded by EU financial counterparties; - The share of OTC and exchange-traded energy/agriculture derivative contracts that are physically delivered on the expiry date in the total volume of energy derivative contracts traded by EU counterparties.
2023/07/07
Committee: ECON
Amendment 535 #

2022/0403(COD)

Proposal for a regulation
Article 2 – paragraph 1 a (new)
Regulation (EU) 575/2013
Article 397a (new)
The following Article 397a is inserted: Article 397a Calculating additional own funds requirements for exposures to Tier 2 CCP 1. Institutions shall avoid having exposures to Tier 2 CCP, as defined in Article 25, include reference to EMIR in excess of 15% of Tier 1 Capital. 2. From 01/01/2026, where an institution's exposures to Tier 2 CCP is above the limit set in paragraph 1, the components of the excess, selected in accordance with paragraph 1, shall be allocated to the appropriate line in Column 1 of Table 1 in ascending order. The appropriate factor shall apply to the components of the excess and be added to the own fund requirements calculated in accordance with Title II Chapter 6, Section 9 of this Regulation. Excess over the limits (on the Factors basis of a percentage of Tier 1 capital) Up to 40% 200% From 40% to 60% 300% From 60% to 80% 400% From 80% to 100% 500% From 100% to 250% 600% Above 250% 1250% 3.By 30 June 2025, the Commission shall assess whether the risk stemming from institutions' exposures to third-country CCPs are appropriately addressed to safeguard the financial stability of the EU and its Member States. Where appropriate, the Commission shall submit to the European Parliament and the Council, a legislative proposal modifying the prudential treatment of exposures to Tier 2 CCPs established by this Article.
2023/07/07
Committee: ECON
Amendment 14 #

2022/0341(COD)

Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulations (EU) No 260/2012 and (EU) 2021/1230 as well as Directive 98/26/EC as regards instant credit transfers in euro (Text with EEA relevance)
2023/04/21
Committee: ECON
Amendment 44 #

2022/0341(COD)

Proposal for a regulation
Recital 11
(11) Security of instant credit transfers, both regular and instant in euro is fundamental for increasing PSUs’ confidence in such services and ensuring their use. Payers intending to send a credit transfer to a given payee may, as a result of fraud or error, provide a payment account identifier which does not correspond to an account held by that payee. Under Directive (EU) 2015/2366 of the European Parliament and of the Council37 , the only determinant of the correct execution of the transaction with respect to the payee is the unique identifier, and PSPs are not required to verify the name of the payee. In the case ofFor both regular and instant credit transfers, there is not enough time for the payer to realisein case of the occurrence of a fraud or error and to try, it is not possible to recover the funds before they are credited to the payee’s account. PSPs should therefore verify whether there is any discrepancy between the unique identifier of the payee and the name of the payee provided by the payer, and notify the payer placing a payment order for an instant credit transfer in euro about any such discrepancies detected. Where the payee is a legal entity, PSPs should enable the use of the LEI as the name of the payee. To avoid undue frictions or delays in the processing of the transaction instantly, the payer’s PSP should provide such notification within no more than a few seconds from the moment the payer provided the payee information. To allow the payer to decide whether to proceed with the intended transaction, the payer’s PSP should provide such notification before the payer authorises the transaction. As this is a security feature, it should also be made available for regular credit transfers, since they are also exposed to risks of fraud or error. __________________ 37 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
2023/04/21
Committee: ECON
Amendment 54 #

2022/0341(COD)

Proposal for a regulation
Recital 12
(12) Some attributes of the name of the payee to whose account the payer wishes to make an instant credit transfer may increase the likelihood of a discrepancy being detected by the PSP, including the presence of diacritics or different possible transliterations of names in different alphabets, differences between habitually used names and names indicated on formal identification documents in case of natural persons, or differences between commercial and legal names in case of legal persons. To avoid undue frictions in the processing of instant credit transfers in euro and facilitate the payer’s decision on whether to proceed with the intended transaction, PSPs should indicate the degree of such discrepancy, including by indicating in the notification that there is ‘no match’ or ‘close match’. In case of a close match, PSPs should notify the payer of the name of the payee associated to the IBAN number.
2023/04/21
Committee: ECON
Amendment 59 #

2022/0341(COD)

Proposal for a regulation
Recital 13
(13) Authorising a payment transaction where the PSP has detected a discrepancy and has notified that discrepancy to the PSU can result in the funds being transferred to an unintended payee. In such cases, PSPs should not be held liable for the execution of the transaction to an unintended payee, as laid down in Article 88 of Directive (EU) 2015/2366. PSPs should inform PSUs about the implications for PSP liability and PSU refunds rights of their choice to ignore the notified discrepancy. PSUs should be able to opt out from using that service at any time during their contractual relationship with the PSP. After opting out, PSUs should be able to opt in to again avail of the servicePSPs should inform PSUs about the implications for PSP liability and PSU refunds rights of their choice to ignore the notified discrepancy.
2023/04/21
Committee: ECON
Amendment 95 #

2022/0341(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) No 260/2012
Article 2 – paragraph 1 – point 1ca (new)
(1ca) 'Name of the payee’ means the name and surname for a natural person and the commercial or legal name or legal entity identifier for a legal person.
2023/04/21
Committee: ECON
Amendment 96 #

2022/0341(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) No 260/2012
Article 2 – paragraph 1 – point 1da (new)
(1da) ‘legal entity identifier’ (LEI) means a unique alphanumeric reference code based on the ISO 17442 standard assigned to a legal entity.
2023/04/21
Committee: ECON
Amendment 146 #

2022/0341(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 3a (new)
(3a) PSPs shall ensure that the technical solutions and software supporting the processing of instant payments are designed taking into account the ‘energy efficiency first’ principle as defined in point (18) of Article 2 of Regulation (EU) 2018/1999
2023/04/21
Committee: ECON
Amendment 156 #

2022/0341(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 4 – subparagraph 1
PSPs as referred to in paragraph 1 that are located in a Member State whose currency is the euro shall offer PSUs the service of receiving instant credit transfers in euro by … [PO please insert the date = 6 months after the date of entry into force of this Regulation], and the service of sending instant credit transfers in euro by … [PO please insert the date = 126 months after the date of entry into force of this Regulation].
2023/04/21
Committee: ECON
Amendment 184 #

2022/0341(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – Title
Discrepancies between the name and payment account identifier of a payee in case of instant credit transfers
2023/04/21
Committee: ECON
Amendment 185 #

2022/0341(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 1 – subparagraph 1
With regard to instant credit transfers, a payer’s PSP shall verify whether the payment account identifier and the name of the payee provided by the payer match. Such verification shall be provided free of charge. By way of derogation from the first subparagraph, where the payee is a legal entity, a payer’s PSP shallmay verify whether the payment account identifier and the namelegal entity identifier of the payee, where provided by the payer match. W, instead of the name of the payee, match. In both cases where they do not match, that PSP shall notify the payer of any discrepancies detected and the degree of any such discrepancy. match in the following way: a. “Match” : no discrepancy is detected between the payment account identifier and the name of the payee. b. “Close Match” : the name of the payee almost matches with the payment account identifier provided. In such case, the PSP shall indicate to the payer, the name of the payee associated to the payment account identifier provided. c. “No match”: the name and the account do not match. If the account is a natural person, the PSP shall not reveal the name associated with the account. d. “Unavailable” : the payment account does not exist or could not be verified.
2023/04/21
Committee: ECON
Amendment 200 #

2022/0341(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 1 – subparagraph 2
PSPs shall provide that service immediately after the payer provided to its PSP the payment account identifier of the payee and the name of the payee, and before the payer is offered the possibility to authorise the instant credit transfer.
2023/04/21
Committee: ECON
Amendment 204 #

2022/0341(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 2
2. PSPs shall ensure that the detection and notification of a discrepancy as referred to in paragraph 1 does not prevent payers from authorising the instant credit transfer concerned.
2023/04/21
Committee: ECON
Amendment 209 #

2022/0341(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 3
3. PSPs shall ensure that PSUs have the right to opt out from receiving the service referred to in paragraph 1 and shall inform their PSUs of the means to express such opt-out right. PSPs shall also ensure that PSUs that opted out from receiving the service referred to in paragraph 1, have the right to opt in to receive that service.deleted
2023/04/21
Committee: ECON
Amendment 217 #

2022/0341(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 4
4. PSPs shall inform their PSUs that authorising a transaction despite a detected and notified discrepancy or opting out from receiving the service referred to in paragraph 1 may lead to transferring the funds to a payment account not held by the payee indicated by the payer. PSPs shall provide that information at the same time as the notification of discrepancies referred to in paragraph 1 or when PSU opts out from receiving the service referred to in that paragraph.
2023/04/21
Committee: ECON
Amendment 227 #

2022/0341(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 5
5. The service referred to in paragraph 1 shall be provided to the payer regardless of the PSU interface used by the payer to place a payment order for an instant credit transfer.
2023/04/21
Committee: ECON
Amendment 240 #

2022/0341(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 6 – subparagraph 1
PSPs located in a Member State whose currency is the euro shall comply with this Article by …[ PO please insert the date = 128 months after the date of entry into force of this Regulation].
2023/04/21
Committee: ECON
Amendment 243 #

2022/0341(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 6 – subparagraph 2
PSPs located in a Member State whose currency is not the euro shall comply with this Article by …[ PO please insert the date = 3624 months after the date of entry into force of this Regulation].
2023/04/21
Committee: ECON
Amendment 254 #

2022/0341(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5d – paragraph 1 – subparagraph 2
PSPs shall carry out such verifications immediately after the entry into force of any new or amended restrictive measures adopted in accordance with Article 215 TFEU providing for asset freeze or prohibition of making funds or economic resources available , and on a regular basis, at least once every calendar day.
2023/04/21
Committee: ECON
Amendment 280 #

2022/0341(COD)

Proposal for a regulation
Article 2a (new)
Article 2a Standardisation of QR-codes The Commission shall monitor the development by the industry of a Union- wide set of rules and standards for the implementation of instant payments. By 12 months after the entry into force of this Regulation, the Commission shall submit to the European Parliament and the Council a report and, where necessary, in case of slow progress, require the EBA to develop draft regulatory technical standards for the specification of a Union-wide set of rules and standards for the implementation of instant payments.
2023/04/21
Committee: ECON
Amendment 283 #

2022/0341(COD)

Proposal for a regulation
Article 2 a (new)
Directive 98/26/EC
Article 2 – point b
Article 2a Amendment to the Directive 98/26/EC In Article 2, point (b) of the Directive 98/26/EC, the following points are added: - a payment institution as defined in Article 4 (4) of Directive (EU) 2015/2366, or - an electronic money institution as defined in Article 2 (2) of Directive 2009/110/EC.
2023/04/21
Committee: ECON
Amendment 133 #

2022/0196(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) Given the requirements of the Treaty to ensure a high level of protection of human health and of the environments, the Charter of Fundamental Rights of the European Union and its objectives of a high level of environmental protection and the fundamental right to working conditions that respect farm workers' health, safety and dignity, the primary objectives of the Farm to Fork strategy among which the reduction of the negative impacts on public health and the EU strategic framework of health and safety at work 2021-2027, a reduction of pesticide use is needed to protect the health of citizens, including farmers, bystanders and inhabitants of agricultural areas.
2023/06/02
Committee: AGRI
Amendment 162 #

2022/0196(COD)

Proposal for a regulation
Recital 11
(11) Biological control agents are a sustainable control alternative to the use of chemical products for the control of harmful organisms. As noted in Council Decision (EU) 2021/110257, biological control agents have a growing importance in sustainable agriculture and forestry and have an instrumental role to play in the success of integrated pest management and organic farming. Access to biological controls facilitates moving away from chemical plant protection products. It is appropriate to encourage farmers to switch to low input agricultural methods including organic farming and agroecological practices. It is therefore appropriate to define the concept of biological control as a basis for Member States to set indicative targets to increase the percentage of crops on which biological control agents are used. _________________ 57 Council Decision (EU) 2021/1102 of 28 June 2021 requesting the Commission to submit a study on the Union’s situation and options regarding the introduction, evaluation, production, marketing and use of invertebrate biological control agents within the territory of the Union and a proposal, if appropriate in view of the outcomes of the study (OJ L 238, 6.7.2021, p. 81).
2023/06/02
Committee: AGRI
Amendment 173 #

2022/0196(COD)

Proposal for a regulation
Recital 13
(13) Considering the 50% synthetic pesticide reduction target applies on an EU level, and while member states are not all starting from the same synthetic pesticide use intensity, it means that in order to reach the EU target, it is only fair that member states will travel at different speeds and efforts to reach their own individual national (or regional, as appropriate) reduction targets. This is the same way that e.g. contribution to and effort sharing for GHG reduction targets are calculated and committed to. One size does not fit all, or too many - using the regional zoning model outlined in Reg.1107/2009 also oversimplifies and so is not fair on those MS who have made efforts within the same biogeographical region, plus those regions are very broad brush with little consideration of MS differences. Given the different levels of historical progress and differences in intensity of pesticide use between Member States, it is necessary to allow Member States some flexibility when setting their own binding national targets (“national 2030 reduction targets”). Intensity of use is best measured by dividing the total quantity of active substances placed on the market, and therefore used, in the form of plant protection products in a particular Member State by the surface area over which the active substances were applied. Intensity in the use of chemical pesticides, and in particular of the more hazardous pesticides, correlates with greater dependency on chemical pesticides, greater risks to human health and the environment and less sustainable farming practices. It is therefore fair and appropriate to allow Member States to take their lower intensity of use of chemical pesticides than the Union average into account in setting their national 2030 reduction targets. It is also only fair and appropriate to require them to take their higher intensity of use of chemical pesticides than the Union average into account in setting their national 2030 reduction targets. In addition, in order to give recognition to past efforts by Member States, they should also be allowed to take into account historical progress prior to the adoption of the Farm to Fork Strategy when setting national 2030 reduction targets. Conversely, where Member States have increased, or made only limited reductions in, their use and risk of chemical plant protection products, it is only fair they should now make a greater contribution to the achievement of the Union 2030 reduction targets, while also taking account of their intensity of pesticide use. In order to ensure a fair and collective effort towards the achievement of Union-wide targets and an adequate level of ambition, minimum limits should be laid down for national 2030 reduction targets. The EU’s outermost regions, as listed in Article 349 of the Treaty, are located in the Atlantic, Caribbean and Indian Ocean. Due to permanent constraints such as their remoteness to the European continent, insularity and high exposure to climate change, it is appropriate to allow Member States to take into account the specific needs of these regions as regards the use of plant protection products and measures tailored to specific climatic conditions and crops. In order to ensure a fair and collective effort towards the achievement of Union-wide targets, where a Member State reaches the level of its 2030 national reduction target before 2030, it should not be required to undertake additional reduction efforts, but it should closely monitor annual fluctuations in the use and risk of chemical plant protection products and in the use of more hazardous plant protection products to ensure progress towards meeting the respective 2030 national reduction target. In the interests of transparency, Member State responses to any Commission recommendations in relation to the level of ambition of national targets and the annual progress made towards them should be publicly accessible.
2023/06/02
Committee: AGRI
Amendment 186 #

2022/0196(COD)

Proposal for a regulation
Recital 14
(14) Member States should draft and publish national action plans. In order for the Member State national action plans to be effective, they should contain quantitative objectives, references to binding national 2030 reduction targets as set out in national law, together with related indicative targets set out in the national action plans, measures, timetables and indicators to reduce risks and impacts of pesticide use on human health and the environment. This will allow for a structured approach to the setting of quantitative objectives and targets, with a clear link to the national 2030 reduction targets. In order to monitor compliance with the provisions of this Regulation, Member States should also be required to report annually on targets and precise quantitative data relating to compliance with provisions on use, training, application equipment and integrated pest management. The NAP should be integrated into each CAP strategic plan, and the Commision shall assist member states and where applicable regions to update their plans according to articles 119 and 120 of the CAP SPR to take this regulation into accont in its yearly CAP Strategic Plan performance reporting procedure based on article 134 of the CAP strategic plans regulation.
2023/06/02
Committee: AGRI
Amendment 199 #

2022/0196(COD)

Proposal for a regulation
Recital 15
(15) In order to achieve the Union-wide reduction targets (‘Union 2030 reduction targets’) as well as national 2030 reduction targets, it is necessary to increase the availability and use of, accessibility and affordability of using biological control and other low risk and non-chemical alternatives, including agroecological practices and precision technologies. Availability of these alternatives will incentivise the adoption of low pesticide- input pest management practices such as organic farmingmanagement practices with low input of synthetic pesticides used to manage pests, such as organic farming and agroecological agronomic approaches.
2023/06/02
Committee: AGRI
Amendment 227 #

2022/0196(COD)

Proposal for a regulation
Recital 21
(21) To avoid unnecessary duplication, the Commission should establish a standard template for Member States to integrate records kept by professional users of actions taken in line with integrated pest management with those kept under Article 67 of Regulation (EC) No 1107/2009. With regard to this standard template, the Commission should likewise ensure that recording requirements imposed on organic farmers under Regulation 848/2018 concerning pesticide use are taken into account and complementary data requirements are streamlined.
2023/06/02
Committee: AGRI
Amendment 243 #

2022/0196(COD)

Proposal for a regulation
Recital 25
(25) Use of plant protection products may have particularly negative impacts in certain areas that are frequently used by the general public or by vulnerable groups, communities in which people live and work and ecologically sensitive areas, such as Natura 2000 sites protected in accordance with Directive 2009/147/EC of the European Parliament and of the Council67and Council Directive 92/43/EEC68. If plant protection products are used in areas used by the general public, the possibility of exposure of humans to such plant protection products is high. In order to protect human health and the environment, the use of plant protection products in sensitive areas and within 310metres of such areas, should therefore be prohibited. Derogations from the prohibition should only be allowed The bufferzones should be expanded to 50 meters for areas primarily frequented by vulnerable populations and for the use of highly hazardous plant protection products. Derogations from the prohibition should only be allowed for plant protection products authorised in accordance with Regulation 2018/848 for the continuation of existing agricultural activities orunder certain strictconditions and on a case-by-case basis. _________________ 67 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). 68 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
2023/06/02
Committee: AGRI
Amendment 254 #

2022/0196(COD)

Proposal for a regulation
Recital 27
(27) Precision farming refers to agricultural management systems carefully tailoring crop management to fit localised conditions such as those found within land parcels. The application of existing technology, including the use of Union space data and services (Galileo and Copernicus), has the potential to significantly reduce pesticide usage. It is therefore necessary to provide for a legislative framework that incentivises the development of precision farming. Application of plant protection products from an aircraft, including application by planes, helicopters and drones, is usualevidently less precise than other means of application and may therefore potentiallyis highly likely to cause adverse impacts on human health and the environment. Aerial application should therefore be prohibited, with limited derogations on a case-by-case basis where it has a less negative impact on human health and the environment than any alternative application method or there is no viable alternative application method. It is also necessary to due to pesticide drift impacting on non-target locations and organisms, most importantly human rural populations. Traditional aerial application should therecford the numbers of aerial applications carried out on the basis of permits granted for aerial application in order to have clear data on how many aerial applications for which permits were granted actually took placee be prohibited as an outdated and highly imprecise application method.
2023/06/02
Committee: AGRI
Amendment 261 #

2022/0196(COD)

Proposal for a regulation
Recital 28
(28) It is however likely that certainGiven the sure inevitability of pesticide drift and uncontrolled conditions in the real world in the field, together with the current state of technology as well as the current state of scientific uncertainty, it is doubtful that unmanned aircraft (including drones) will allow for the targeted aerial application of plant protection products. Such unmanned aircraft are likely to help reduce the use of plant protection products due to targeted application and consequently help reduce the risks to human health and the environment compared to use of land- based application equipment. It is therefore appropriate to set criteria in this Regulation for an exemption of certain unmanned aircraft from the prohibition of aerial application. It is also appropriate to defer the application of this exemption for 3 years given the current state of scientific uncertainty to a degree satisfactory enough to ensure human and environmental health. It is therefore appropriate to apply the precautionary principle and so also exclude unmanned aircrafts / drones from this Regulation, and have the prohibition of aerial application apply fully in order to protect rural communities, whose long- term health and safety must come first.
2023/06/02
Committee: AGRI
Amendment 331 #

2022/0196(COD)

Proposal for a regulation
Article 2 a (new)
Article2a The provisions of this Regulation shall not prevent Member States from applying the precautionary principle in restricting or prohibiting the use of pesticides in specific circumstances or areas.
2023/06/02
Committee: AGRI
Amendment 371 #

2022/0196(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
(15a) ‘Agroecological practices’ means practices aiming at improving agroecosystems by harnessing natural processes, creating beneficial biological interactions and synergies, and using, in the best way, ecological processes and ecosystem services for the development and implementation of agricultural practices.
2023/06/02
Committee: AGRI
Amendment 386 #

2022/0196(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 16 – point b
(b) an area used predominantly by a vulnerable group as defined in Article 3(14) of Regulation (EC) No 1107/ 2009; i.e. people needing specific consideration when assessing the acute and chronic health effects of plant protection products. These include agricultural and supply chain workers and residents subject to chemical pesticides exposure, women of child- bearing age, the unborn, people under the age of 18, the elderly, and the cronically ill;
2023/06/02
Committee: AGRI
Amendment 412 #

2022/0196(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 16 – point f – point i
(i) any protected area under Annex IV of Directive 2000/60/EC, excluding those designated pursuant Annex IV 1 part (iv) and including possible safeguard zones as well as modifications of those areas following the risk assessment results for drinking water abstraction points under Directive (EU) 2020/2184 of the European Parliament and of the Council81; _________________ 81 Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (OJ L 435, 23.12.2020, p. 1).
2023/06/02
Committee: AGRI
Amendment 420 #

2022/0196(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 16 – point f – point ii
(ii) sites of Community importance in the list referred to in Article 4(2) of Directive 92/43/EEC and the special areas of conservation designated in accordance with Article 4(4) of that Directive, and special protection areas classified pursuant to Article 4 of Directive 2009/147/EC, and any other national, regional, or local protected area reported by the Member States to the Nationally designated protected areas inventory (CDDA), where the conservation objectives relate to nature, biodiversity, or habitat protection;
2023/06/02
Committee: AGRI
Amendment 430 #

2022/0196(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 22
(22) ‘non-chemical methods’ means alternatives to chemically-synthetised plant protection products including strategies based on the use of synthetic or natural pheromones/semiochemicals and agroecological practices ;
2023/06/02
Committee: AGRI
Amendment 445 #

2022/0196(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 23 a (new)
(23a) ‘organic farming’ means farming practices in accordance with Regulation (EC) No 2018/848.
2023/06/02
Committee: AGRI
Amendment 447 #

2022/0196(COD)

(23b) ‘occupational disease’ means, for the purpose of this Regulation, a health condition or disorder that is developed following the use of or exposure to plant protection products in the work environment.
2023/06/02
Committee: AGRI
Amendment 448 #

2022/0196(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 23 c (new)
(23c) 'preventative measure' means prevention by removing conditions that attract or favour pests and diseases, such as food, water, and shelter, relying much on agronomical measures. Chemical pesticides cannot be considered as preventative measures.
2023/06/02
Committee: AGRI
Amendment 846 #

2022/0196(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 a (new)
Where regional targets and plans for the reduction of the use and risk of chemical plant protection products already exist and where such targets and plans are in line with the ambitions laid down in this Regulation, Member States are encouraged to consider these regional reduction targets and plans in their national target setting and counting and integrate them in their National Action Plans. This shall not preclude regional authorities from setting more ambitious reduction targets for their territory than foreseen by this Regulation. Member States shall nevertheless ensure that the reduction effort is spread across the whole of their territory.
2023/06/02
Committee: AGRI
Amendment 862 #

2022/0196(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1a. The NAP of the SUR shall be integrated into each CAP strategic plan, and the Commision shall assist member states, and where applicable regions, to update their CAP strategic plans to take this regulation into account in its yearly CAP Strategic Plan performance reporting procedure based on article 134 of the CAP strategic plans regulation, and the CAP Strategic plans shall be duly updated according to the procedure in articles 119 and 120 of R.2115/2021.
2023/06/02
Committee: AGRI
Amendment 863 #

2022/0196(COD)

Proposal for a regulation
Article 8 – paragraph 1 b (new)
1b. MS may include in their NAP a description of funding sources additional to the CAP, from MS sources such as state aid, private financing initiaitves, or other possible future EU sources, in order to levergre addtional funds for IPM implemenation.
2023/06/02
Committee: AGRI
Amendment 921 #

2022/0196(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point b
(b) a list of measures and other actions to be taken by the Member State and by other actors to address the potential obstacles referred to in point (a), including interventions under Articles 31, 70, 72, 73 and 76, under Regulation 2115/2021, with a detailed timeline of intermediary steps and the authorities responsible for each of the steps to be taken by the Member State.
2023/06/02
Committee: AGRI
Amendment 1020 #

2022/0196(COD)

Proposal for a regulation
Article 12 – paragraph -1 (new)
-1. The following hierarchy shall apply as a priority order in legislation and policy related to the management of plant pests: (a) Agronomic practices; (b) Monitoring, forecasting, warning systems; (c) Mechanical, physical, natural or biological control; (d) Chemical control with low-risk plant protection products; (e) Chemical control with plant protection products others than the candidates for substitution (f) Chemical control with candidates for substitution
2023/06/02
Committee: AGRI
Amendment 1021 #

2022/0196(COD)

Proposal for a regulation
Article 12 – paragraph -1 a (new)
-1a. The use of herbicide-resistant varieties or pesticde-producing crop plants shall not constitute an appropriate agronomic practice within the IPM hierarchy.
2023/06/02
Committee: AGRI
Amendment 1022 #

2022/0196(COD)

Proposal for a regulation
Article 12 – paragraph -1 b (new)
-1b. The use of seeds coated with synthetic pesticides, or where granules are added to soil during sowing, shall not constitute an appropriate agronomic practice or preventative measure according within the IPM hierarchy.
2023/06/02
Committee: AGRI
Amendment 1024 #

2022/0196(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. PThe application of integrated pest management is obligatory for all professional users who shall apply integrated pest management as follows:
2023/06/02
Committee: AGRI
Amendment 1054 #

2022/0196(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. Professional users shall always apply non-chemical preventative measures, such as appropriate agronomic practices. When interventions are needed, professional users shall first apply measures that do not require the use of chemical plant protection products for the prevention or suppression of harmful organisms before resorting to application of chemical plant protection products, following the integrated pest management hierarchy. Chemical plant protection products can only be applied, if no other non-chemical preventative measure or combination of such measures has proven successful.
2023/06/02
Committee: AGRI
Amendment 1065 #

2022/0196(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 – introductory part
A professional user’s records referred to in Article 14(1) shall demonstrate that he or she has considerapplied all of the following optionapplicable options from the list below, before resorting to chemical pesticides:
2023/06/02
Committee: AGRI
Amendment 1174 #

2022/0196(COD)

Proposal for a regulation
Article 14 – paragraph 4 a (new)
4a. 4a. Retail companies shall report yearly on the progress in reducing plant protection products and on the implementation of integrated pest management by their suppliers to the competent authority referred to in Article 15(2) and make those reports public, including on a website.
2023/06/02
Committee: AGRI
Amendment 1184 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Based on the integrated pest management hierarchy, Member States shall adopt rules on agronomic requirements based on integrated pest management controls that must be adhered to when growing or storing a particular crop and that are designed to ensure that chemical crop protection is only used after all other non-chemical methods have been exhausted and when a threshold for intervention is reached (‘crop-specific rules’). The crop-specific rules shall implement the principles of integrated pest management, set out in Article 13, for the relevant crop and be set out in a binding legal act.
2023/06/02
Committee: AGRI
Amendment 1201 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. By … [OP: please insert the date = the first day in the month following 24 months after the date of entry into force of this Regulation] each Member State shall have in place effective and enforceable crop-specific rules, for crops covering an area that accounts for at least 90 % of its utilised agricultural area (excluding kitchen gardens) and permanent grassland) and ensuring that all crops with a high pesticide use intensity, such as permanent crops, fruit or vegetables and the most frequently cultivated arable crops are covered. Member States shall determine the geographic scope of those rules taking account of relevant agronomic conditions, including, the type of soil and crops and the prevailing climatic conditions.
2023/06/02
Committee: AGRI
Amendment 1230 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 6 – introductory part
6. The crop-specific rules shall convert the integrated pest management hierarchy laid down in Article 12 and the requirements of integrated pest management laid down in Article 13 into verifiable criteria by, among others, specifying the following:
2023/06/02
Committee: AGRI
Amendment 1363 #

2022/0196(COD)

Proposal for a regulation
Article 16 a (new)
Article16a Verification of IPM commitments - public money for public goods In order to protect the financial interests of the Union and assure the appropriate use of EU public funds, and in line with the provisions of the financial control regulation, the Member State competent authorities shall use existing control systems and structures to verify compliance with the terms of the agreements the producers have enterered into in order to benefit from financial support, namely: - exisiting control systems shall apply to verify annual eco-scheme payments rewarding IPM implementation under art.31(4)(f) of SPR 2115/2021. - exisiting control methods shall apply to verify fulfilment contracts CAP producers have entered into to receive payments rewarding IPM implementation, as is usual for agri-environmental measures under art.70 of SPR 2115/2021 (pillar II of the CAP). A sample of controls to check qualification for payments may alternatively be made under the Area Monitoring System outlined in Article 65 and 70 of the CAP horizontal regulation on financing, management and monitoring of the CAP (R.2116/2021).
2023/06/02
Committee: AGRI
Amendment 1391 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. The use of all plant protection products is prohibited in all sensitive areas and within 310 metres of such areas. This 310 metre buffer zone shall not be reduced by using alternative risk-mitigation techniques. For sensitive areas used by vulnerable groups this buffer zone shall be 50 meters. A 50 meter buffer zone shall also be respected for the use of the more hazardous pesticides.
2023/06/02
Committee: AGRI
Amendment 1405 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 2 a (new)
2a. By way of derogation from paragraph 1, plant protection products containing active substances authorised under Regulation 2018/848 shall be permitted in the areas defined under Article 3(16) points (c), (e) and (f) to allow for the continuation of the specific agricultural activities already taking place in those areas.
2023/06/02
Committee: AGRI
Amendment 1490 #

2022/0196(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Aerial application of chemical pesticides is prohibited.
2023/06/02
Committee: AGRI
Amendment 1492 #

2022/0196(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. By way of derogation from paragraph 1, a competent authority designated by a Member State may permit aerial application by a professional user in any of the following situations: (a) there is no technically feasible alternative application method to the aerial application due to inaccessible terrain; (b) the aerial application has a less negative impact on human health and the environment than any alternative application method either because the aerial application equipment can be deployed on the relevant terrain in a faster timescale than land-based equipment and avoids a situation where the number of plant pests increases due to the longer time period required for land- based deployment or because it minimizes soil erosion when adverse weather conditions make the land unsuitable for land vehicles, and all of the following conditions are met: (i) the application equipment installed on the aircraft is registered in the electronic register of application equipment in professional use referred to in Article 33(1); (ii) the aircraft is equipped with accessories that constitute the best available technology to accurately apply the plant protection products and to reduce spray drift; (iii) the plant protection product is authorised for use via aerial application under Regulation (EC) No 1107/2009.deleted
2023/06/02
Committee: AGRI
Amendment 1493 #

2022/0196(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. By way of derogation from paragraph 1, a competent authority designated by a Member State may permit aerial application by a professional user in any of the following situations: (a) there is no technically feasible alternative application method to the aerial application due to inaccessible terrain; (b) the aerial application has a less negative impact on human health and the environment than any alternative application method either because the aerial application equipment can be deployed on the relevant terrain in a faster timescale than land-based equipment and avoids a situation where the number of plant pests increases due to the longer time period required for land- based deployment or because it minimizes soil erosion when adverse weather conditions make the land unsuitable for land vehicles, and all of the following conditions are met: (i) the application equipment installed on the aircraft is registered in the electronic register of application equipment in professional use referred to in Article 33(1); (ii) the aircraft is equipped with accessories that constitute the best available technology to accurately apply the plant protection products and to reduce spray drift; (iii) the plant protection product is authorised for use via aerial application under Regulation (EC) No 1107/2009.deleted
2023/06/02
Committee: AGRI
Amendment 1508 #

2022/0196(COD)

Proposal for a regulation
Article 20 – paragraph 3
3. An application by a professional user for a permit for aerial application shall include the information necessary to demonstrate that the conditions set out in paragraph 2 are met.deleted
2023/06/02
Committee: AGRI
Amendment 1510 #

2022/0196(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Where a permit for aerial application is granted, before the first possible date of aerial application, the competent authority referred to in paragraph 2 shall make public the following information: (a) the location and surface area of the aerial application indicated on a map; (b) the validity period of the permit for aerial application, which shall be for a limited period with a precisely defined start and end date that is the shortest possible and shall not exceed 60 days; (c) the relevant weather conditions allowing a safe application; (d) the name of the plant protection product or products; (e) the application equipment to be used and the risk mitigation measures to be taken.deleted
2023/06/02
Committee: AGRI
Amendment 1522 #

2022/0196(COD)

Proposal for a regulation
Article 20 – paragraph 5
5. A professional user that has been granted a permit for aerial application shall at least 2 days before the date of each specific aerial application display notices to that effect on the perimeter of the area to be treated.deleted
2023/06/02
Committee: AGRI
Amendment 1528 #

2022/0196(COD)

Proposal for a regulation
Article 21
Use of plant protection products in aerial application by certain categories of 1. Where certain categories of unmanned aircraft fulfil the criteria set out in paragraph 2, a Member State may exempt aerial application by such unmanned aircraft from the prohibition laid down in Article 20(1) prior to any aerial application of plant protection products. 2. An aerial application by an unmanned aircraft may be exempted by the Member State from the prohibition laid down in Article 20(1) where factors related to the use of the unmanned aircraft demonstrate that the risks from its use are lower than the risks arising from other aerial equipment and land-based application equipment. These factors shall include criteria relating to: (a) the technical specifications of the unmanned aircraft, including in relation to spray drift, number and size of rotors, payload, boom width and overall weight, operating height and speed; (b) the weather conditions, including wind speed; (c) the area to be sprayed, including its topography; (d) the availability of plant protection products authorized for use as ultra-low volume formulations in the relevant Member State; (e) potential use of unmanned aircraft in conjunction with real time kinematic precision farming in certain cases; (f) the level of training required for pilots operating an unmanned aircraft; (g) potential concurrent use of multiple unmanned aircraft in the same area. 3. The Commission is empowered to adopt delegated acts in accordance with Article 40 supplementing this Regulation to specify precise criteria in relation to the factors set out in paragraph 2 once technical progress and scientific developments allow for the development of such precise criteria.Article 21 deleted unmanned aircraft
2023/06/02
Committee: AGRI
Amendment 1530 #

2022/0196(COD)

Proposal for a regulation
Article 21 – title
Use of plant protection products in aerial application by certain categories of unmanned aircraft
2023/06/02
Committee: AGRI
Amendment 1578 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph -1 (new)
-1. All forms of advertising for chemical pesticides are prohibited.
2023/06/02
Committee: AGRI
Amendment 1579 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph -1 a (new)
-1a. Sponsorship by undertakings whose principal activity is the manufacture, sale or promotion of chemical pesticides of events, activities including providing advice, or programmes is prohibited.
2023/06/02
Committee: AGRI
Amendment 1599 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph 2 a (new)
2a. By 2030, the most hazardous pesticides shall only be available for sale upon prescription or ordonance given by an independent advisor within the independent advisory system under Article 26
2023/06/02
Committee: AGRI
Amendment 1679 #

2022/0196(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. The competent authority referred to in paragraph 1 shall ensure that any advisor registered in the system referred to in that paragraph (‘independent advisor’) is free from any conflict of interest and, in particular, is not in a situation which, directly or indirectly, could affect their ability to carry out their professional duties in an impartial manner. Advisors must be independent, namely have no commercial or private interests in the plant protection products industry.
2023/06/02
Committee: AGRI
Amendment 1720 #

2022/0196(COD)

Proposal for a regulation
Article 27 – paragraph 3 – point a
(a) the potential risks to human health, and the environment through acute or chronic effect, biodiversity and ecosystem services relating to the use of and exposure to plant protection products; and the high pesticide exposure among inhabitants of agricultural areas;
2023/06/02
Committee: AGRI
Amendment 1723 #

2022/0196(COD)

Proposal for a regulation
Article 27 – paragraph 3 – point a a (new)
(aa) The different routes of pesticide exposure (contact, ingestion, inhalation) for humans and the different routes of pesticide contamination in the environment.
2023/06/02
Committee: AGRI
Amendment 1725 #

2022/0196(COD)

Proposal for a regulation
Article 27 – paragraph 3 – point a b (new)
(ab) The cumulative and synergistic effects of pesticides and associated risks for human health, the environment, biodiversity and ecosystem services
2023/06/02
Committee: AGRI
Amendment 1729 #

2022/0196(COD)

Proposal for a regulation
Article 27 – paragraph 3 – point c a (new)
(ca) the potential risks for occupational health and safety linked to the use of, or exposure to, plant protection products;
2023/06/02
Committee: AGRI
Amendment 1730 #

2022/0196(COD)

Proposal for a regulation
Article 27 – paragraph 3 – point c b (new)
(cb) procedures to report occupational diseases linked to the use of plant protection products;
2023/06/02
Committee: AGRI
Amendment 1732 #

2022/0196(COD)

Proposal for a regulation
Article 27 a (new)
Article27a Information to the public including other land users 1. Member states' competent authorities shall establish a warning system targetted at the general public including especially rural residents and visitors, that notifies the public about applications of pesticides that can be hazardous for human and animal health, in particular spraying. 2. This warning system shall include notification and warning of beekeepers so that appropriate action can be taken to protect honey bee colonies.
2023/06/02
Committee: AGRI
Amendment 1733 #

2022/0196(COD)

Proposal for a regulation
Article 28 – title
Information on acute and chronic poisoning, occupational and related illnesses
2023/06/02
Committee: AGRI
Amendment 1745 #

2022/0196(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point e a (new)
(ea) (ea) whether occupational health and safety obligations have been violated.
2023/06/02
Committee: AGRI
Amendment 1750 #

2022/0196(COD)

Proposal for a regulation
Article 28 – paragraph 2 – point b a (new)
(ba) the number of occupational diseases arising from the use of or exposure to plant protection products identified during the preceding calendar year.
2023/06/02
Committee: AGRI
Amendment 1753 #

2022/0196(COD)

Proposal for a regulation
Article 28 a (new)
Article28a Occupational diseases resulting from the use and exposure of plant protection products 1. In accordance with national legislation and practice, each Member States shall designate a public competent authority responsible to establish a system for the reporting, recognition and fair compensation of diseases resulting from the use of or the exposure to plant protection products. 2. Member States shall ensure that the designated authorities have sufficient staff and resources to perform their tasks properly, including carrying out health surveillance and effective inspections. 3. Member States shall ensure the monitoring, compliance and enforcement of national mandatory occupational exposure limits (OELs) set for the use of or the exposure to active substance(s) in plant protection products, their metabolites and co-formulants. 4. Member States shall ensure that each professional user, including workers, have access to official documentation reporting the type of plant protection product used during his/her work activity, the health and environmental risks related to its use as well as the period of exposure. 5. Employers shall provide to all workers employed in their business activity the official documentation referred to in paragraph 4. 6. Member States shall ensure the enforcement of the obligation referred to in paragraph 5 and shall apply effective, dissuasive and proportionate sanctions in case of infringement of such requirement. 7. Member States shall facilitate the reporting of diseases linked to plant protection products use or exposure by setting accessible and effective reporting mechanisms. 8. Member States are required to ensure recognition of such diseases as well as fair compensation.
2023/06/02
Committee: AGRI
Amendment 1754 #

2022/0196(COD)

Proposal for a regulation
Article 28 b (new)
Article28b Advertising of chemical pesticides 1. For the purposes of this Article, ‘advertising of chemical pesticides’ shall include any form of door-to-door or online information, canvassing activity or inducement designed to promote the supply, sale or use of chemical pesticides; it shall include in particular: (a) the advertising of chemical pesticides to the general public; (b) advertising of chemical pesticides to persons qualified to retail, use plant protection products, or provide advice in accordance with Article 26; (c) visits by producers of chemical pesticides to persons qualified to retail, use chemical pesticides, or provide advice in accordance with Article 26; (d) the supply of samples; (e) the provision of inducements to retail, use, or provide advice on chemical pesticides by the gift, offer or promise of any benefit or bonus, whether in money or in kind; (f) sponsorship of promotional meetings attended by persons qualified to retail, use chemical pesticides, or provide advice in accordance with Article 26; (g) sponsorship of scientific congresses attended by persons qualified to retail, use chemical pesticides, or provide advice in accordance with Article 26, and in particular payment of their travelling and accommodation expenses in connection therewith. 2. Advertising of chemical pesticides to the general public is prohibited. 3. Member States shall prohibit or restrict the advertising of chemical pesticides consisting of practices listed in paragraph 1, points (b) to (g). 4. The provisions of this Article shall apply without prejudice to labelling and other advertising requirements under Regulation (EU) No 1107/2009.
2023/06/02
Committee: AGRI
Amendment 1875 #

2022/0196(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point 1
Regulation 2115/2021
Article 31
By way of derogation from points (a) and (b) of the first subparagraph of this paragraph, where in accordance with Regulation (EU) …/… of the European Parliament and of the Council\*89requirements are imposed on farmers, support may be granted to comply with those requirements for a maximum period ending on the later one of the two dates – … [OP: insert the date = 5 years from the date of entry into forceand those requirements contribute to a significant reduction of pesticides ofn this Regulation] or 5 years from the date on which they become mandatory for the holding.e holding,support may be granted to comply with those requirements for a maximum period ending in 2030 _________________ 89 +OJ: Please insert in the text the number of the Regulation contained in document … and insert the number, date and the OJ reference of that Regulation in the footnote.
2023/06/02
Committee: AGRI
Amendment 1876 #

2022/0196(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point 1 a (new)
Reg. 2115/2021 (SPR)
Article 47
(A(1a) In article 47 of SPR: Types of intervention(2) letter in, the fruit and vegetables sector, the hops sector, the olive oil and table olives sector and in the other sectors referred to in Article 42, point (f))ollowing is added the end of the point : ", and insurance linked to uptake of intergrated past management." Or. en
2023/06/02
Committee: AGRI
Amendment 1877 #

2022/0196(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point 1 b (new)
Reg. 2115/2021 (SPR)
Article 58
(1b) In article 58 (1), the following is added the end of the point (d): ", and insurance linked to uptake of intergrated past management." Or. en (SPR Article 58: Types of intervention in the wine sector)
2023/06/02
Committee: AGRI
Amendment 1878 #

2022/0196(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point 1 c (new)
(1c) In article 59 (5), the following is added to the end of point a : ", and linked to introducing integrated pest management measures." Or. en (SPR article 59: Union financial assistance to the wine sector)
2023/06/02
Committee: AGRI
Amendment 1880 #

2022/0196(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point 2
Regulation 2115/2021
Article 70
By way of derogation from points (a) and (b) of the first subparagraph of this paragraph, where in accordance with Regulation (EU) …/…90requirements are imposed on beneficiaries, support may be granted to comply with those requirements for a maximum period ending on the later one of the two dates – … [OP: insert the date = 5 years from the date of entry into force of this Regulation] or 5 years from the date on which they become mandatory for the holding.in 2030; _________________ 90 ++OJ: Please insert in the text the number of the Regulation contained in document … .
2023/06/02
Committee: AGRI
Amendment 1881 #

2022/0196(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point 2 a (new)
(2a) In Article 72(3), the following subparagraph (d) is added: (d) ‘ecologically sensitive areas where requirements are imposed on beneficiaries in accordance with Article 18 of Regulation (EU) XX/XXX (SUR). If a beneficiary is granted a temporary derogation from these requirements in line with Art 18(3) of Regulation (EU) …/…, support under this article shall not be granted for the year in which the derogation applies.’
2023/06/02
Committee: AGRI
Amendment 1882 #

2022/0196(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point 2 b (new)
Reg.2115/2021 (SPR)
article 73 (4)
(2b) In article 73, point (4), part (c), the following new point (v) is added: "(v) investments linked to introducing integrated pest management."
2023/06/02
Committee: AGRI
Amendment 1884 #

2022/0196(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point 3
Regulation 2115/2021
Article 73
By way of derogation from the first subparagraph of this paragraph, where in accordance with Regulation (EU) …/… \+\+ requirements are imposed on farmers, support may be granted to comply with those requirements for a maximum period ending on the later one of the two dates – … [OP: insert the date = 5 years from the date of entry into force of this Regulation] or 5 years from the date on which they become mandatory for the holding. .in 2030
2023/06/02
Committee: AGRI
Amendment 1885 #

2022/0196(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point 3 a (new)
Regulation 2115/2021
Article 73
(3a) In Article 73(4) part (c), the following part is added (v) investments (tangible and intangible) for introducing integrated pest management
2023/06/02
Committee: AGRI
Amendment 1886 #

2022/0196(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point 3 b (new)
Regulation 2115/2021
Article 76 paragraph 2
(3b) In Article 76, paragraph 2 is amended as follows: 2. Support under this Article may be granted to promote risk management tools which help active farmers manage production and income risks related to their agricultural activity that are outside their control, or which help active farmers to implement integrated pest management, and which contribute to achieving one or more of the specific objectives set out in Article 6(1) and (2).
2023/06/02
Committee: AGRI
Amendment 1887 #

2022/0196(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point 3 c (new)
(3c) The following new point shall be added after Art.134 point (4) of the CAP SPR 2115/2021 : (4a) (new) The National Action Plans (NAP) of the SUR [Reg.XXX/XXXX] shall be integrated into each CAP strategic plan, and the Commision shall assist member states, and where applicable, regions, to update their CAP strategic plans to take that regulation into account in its yearly CAP Strategic Plan performance reporting procedure based on this article. The CAP Strategic Plans shall then be duly updated according the procedure in articles 119 and 120 of this regulation [SPR 2115/2021].
2023/06/02
Committee: AGRI
Amendment 1888 #

2022/0196(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point 3 d (new)
(3d) In annex III, row 16 (Plant protection products;SMR 7) the following words are deleted: "first and second sentence"
2023/06/02
Committee: AGRI
Amendment 2727 #

2022/0196(COD)

Proposal for a regulation
Article 42 a (new)
Article 42a Access to justice 1. Members of the public, who have a sufficient interest or who claim a violation of a right, shall have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the national action plans and any failures to act of the competent authorities, regardless of the role members of the public have played during the process for preparing and establishing the national action plan. 2. Member States shall determine in national law what constitutes a sufficient interest and violation of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organization promoting environmental protection shall be presumed to have rights capable of being violated and their interest shall be deemed sufficient. 3. Review procedures referred to in paragraph 1 shall be fair, equitable, timely and free of charge or not prohibitively expensive, and shall provide adequate and effective remedies, including injunctive relief where necessary. 4. Member States shall distribute publicly practical information on access to the administrative and judicial review procedures referred to in this Article.
2023/04/05
Committee: ENVI
Amendment 6 #

2022/0164(COD)

Proposal for a regulation
Recital 3
(3) The Versailles Declaration of 10-11 March 2022 of the Heads of States and Governments invited the Commission to propose by the end of May a REPowerEU plan to phase out the dependency on Russian fossil fuel imports, which was subsequently reiterated in the European Council Conclusions of 24-25 March 2022. This should be done well before 2030 in a way that is consistent with the EU’s Green Deal and the climate objectives for 2030 and 2050 enshrined in the European Climate Law. Regulation (EU) 2021/241 should therefore be amended to enhance its ability to support reforms and investments dedicated to diversifying energy supplies, in particular fossil fuelsenhancing the Union’s independence and security through bolstering energy efficiency and renewable energy generation, thereby strengthening the strategic autonomy of the Union alongside an open economy. Support should also be given to reforms and investments increasing the decarbonisation and energy efficiency of the Member States’ economies.
2022/09/16
Committee: AGRI
Amendment 7 #

2022/0164(COD)

(6) The REPowerEU chapter should include new reforms and investments contributing to the REPowerEU aims. New measures should not lower the level of ambition of the original plan. Furthermore, that chapter should contain an outline of other measures, financed from sources other than the Recovery and Resilience Facility, contributing to the energy-related objectives outlined in recital (3). The outline should cover measures whose implementation should take place between 1 February 2022 to 31 December 2026, the period during which the objectives set by this Regulation are to be achieved. As regards natural gas infrastructure, the investments and reforms of the REPowerEU chapters to diversify supply away from Russia should build on the needs currentlyto be identified through the assessment conducted and agreed by the European Network of Transmission System Operators for Gas (ENTSOG), established in the spirit of solidarity as regards security of supply and take into account the reinforced preparedness measures taken to adapt to new geopolitical threatsan open and robust consultation process involving all relevant stakeholders and prioritising green and energy efficient alternatives to building new gas infrastructure. Finally, the REPowerEU chapters should provide an explanation and a quantification of the effects of the combination of the reforms and investments financed by the Recovery and Resilience Facility and the other measures financed by other sources than the Recovery and Resilience Facility.
2022/09/16
Committee: AGRI
Amendment 8 #

2022/0164(COD)

Proposal for a regulation
Recital 7 a (new)
(7 a) The Recovery and Resilience Facility should not be used to finance new gas and oil infrastructure. This would not be in line with the “do no significant harm” principle and the objectives of REPowerEU. Investments in additional gas and oil infrastructure would draw out dependency on fossil fuels, including potentially from Russian suppliers. In extraordinary situations, when additional energy infrastructure is urgently needed and when an independent and transparent scrutiny confirms the unfeasibility of more sustainable alternatives, Member States can resort to temporary measures related to transmission and distribution infrastructure as laid down in the Annex III of the Commission’s technical guidance on the application of the “do no significant harm” principle under the Recovery and Resilience Facility.
2022/09/16
Committee: AGRI
Amendment 9 #

2022/0164(COD)

Proposal for a regulation
Recital 12
(12) Pursuant to Article 18(4) point (q) of Regulation (EU) 2021/241, the Member States should also provide a summary of thdetailed report of a robust and inclusive consultation process of local and regional authorities and other relevant stakeholders, including, as relevant, from the agricultural sector, for reforms and investments included in the REPowerEU chapter. Such summariedetailed reports should explain the outcome of those consultations and outline how the input received was reflected in REPowerEU chapters. and how sustainable alternatives to building new fossil fuel infrastructure were prioritised.
2022/09/16
Committee: AGRI
Amendment 10 #

2022/0164(COD)

Proposal for a regulation
Recital 13
(13) The application of the ‘do no significant harm’ principle is essential to ensure that the investments and reforms undertaken as part of the recovery from the pandemic are implemented in a sustainable manner. It should continue to apply to the reforms and investments supported by the Facility, with one targeted exemption to safeguard the EU’ immediate energy security concerns. Considering the objective of diversifying energy supplies away from Russian suppliers, the reforms and investments set out in those REPowerEU chapters which aim to improve energy infrastructure and facilities to meet immediate security of supply needs for oil and gas should not be required to comply with the principle of ‘do no significant harm’ and should therefore be exempted from such assessment, including those identified in REPowerEU chapters.
2022/09/16
Committee: AGRI
Amendment 11 #

2022/0164(COD)

Proposal for a regulation
Recital 21
(21) The Commission should monitor the implementation of reforms and investments outlined in the REPowerEU chapter and their contribution to the REPowerEU objectives, as established in Regulation (EU) 2021/241. In particular, the Commission should assess how the recovery and resilience plans and their REPowerEU chapters contribute to upward economic and social convergence and prioritise energy-poor and vulnerable consumers, also taking into account social and regional inequalities, including rural-urban disparities.
2022/09/16
Committee: AGRI
Amendment 12 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2021/241
Article 4 – paragraph 1
1. In line with the six pillars referred in Article 3 of this Regulation, the coherence and synergies they generate, and in the context of the COVID-19 crisis, the general objective of the Facility shall be to promote the Union’s economic, social and territorial cohesion by improving the resilience, crisis preparedness, adjustment capacity and growth potential of the Member States, by mitigating the social and economic impact of that crisis, in particular on women, by contributing to the implementation of the European Pillar of Social Rights, by supporting the green transition, by contributing to the achievement of the Union’s 2030 climate targets set out in point (11) of Article 2 of Regulation (EU) 2018/1999,and by complying with the objective of EU climate neutrality by 2050 and of the digital transition, by increasing the resilience of the Union energy system through a decreasen end of dependence on fossil fuels and diversification of energy supplies at Union level (‘REPowerEU objectives’)an accelerated transition to an efficient and fully renewable energy system thereby contributing to the upward economic and social convergence, restoring and promoting sustainable growth and the integration of the economies of the Union, fostering high quality employment creation, and contributing to the strategic autonomy of the Union alongside an open economy and generating European added value.
2022/09/16
Committee: AGRI
Amendment 13 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2021/241
Article 18 – paragraph 4 – point q
(q) for the preparation and, where available, for the implementation of the recovery and resilience plan, a summarydetailed report ofn the consultation process, conducted in accordance with the national legal framework, of local and regional authorities, social partners, civil society organisations, youth organisations and other relevant stakeholders, and how the input of the stakeholders is reflected in the recovery and resilience plan; in particular, the summaryreport ofn the public consultation process shall explain the timeline and outcome of the consultations with local and regional authorities, experts, civil society representatives, and other relevant stakeholders on reforms and investments included in the REPowerEU chapter, including the mandatory publication of the draft REPower EUchapter and an explanation of where and for how long it was available for public comments and inputs, stakeholders' analysis of alternatives that do not require new infrastructure investments, and outline how the input received from stakeholders was reflected in the REPowerEU chapter;
2022/09/16
Committee: AGRI
Amendment 14 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2021/241
Article 19 – paragraph 3 – point da
(da) whether the reforms and investments referred to in Article 21c(1) effectively contribute towards the diversification of the Union’s energy supply orsignificant reduction of dependence on fossil fuels before 2030.;
2022/09/16
Committee: AGRI
Amendment 15 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21b – paragraph 1 – point b
(b) Resources allocated under Article 81a of Regulation (EU) 2021/2115 shall support measures in Article 21c(1)(b) of this Regulation for farm investments for the benefit of farmers or groups of farmers, in particular to contribute reducing the use of synthetic fertilisers, increasing production of renewable energy and sustainable biomethane, and boosting energy efficiency produced from waste and residue feedstock as listed in Annex IX - Part A of Directive (EU) 2018/2001, and boosting energy efficiency. Measures to increase production of renewable energy and biomethane shall comply with applicable sustainability and greenhouse gas emissions savings criteria under Article 29 of Directive 2018/2001, and, as concerns sustainable biomethane production, shall monitor and limit methane leakages as far as possible.
2022/09/16
Committee: AGRI
Amendment 16 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point a
(a) improving energy infrastructure and facilities to meetof immediate security of supply needs for oil and gas, notablyand temporary use to meet security of supply needs, notably to reduce Union's energy imports and vulnerabilities during the nearest winter seasons of 2022-2023, to enable diversification of supply in the interest of the Union as a whole,
2022/09/16
Committee: AGRI
Amendment 18 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point b
(b) boosting energy efficiency in buildings, decarbonising industry, increasing production and uptake of sustainable biomethane produced from waste and residue feedstock as listed in Annex IX - Part A of Directive (EU) 2018/2001, and renewable or fossil-free hydrogen and increasing the share of renewable energy,
2022/09/16
Committee: AGRI
Amendment 19 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 2 – point c a (new)
(c a) an explanation of how the measures referred to in paragraph 1 supported energy-poor and vulnerable consumers.
2022/09/16
Committee: AGRI
Amendment 20 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 3 a (new)
(3 a) The REPowerEU chapter under paragraph 1 shall contain qualitative explanation of how the measures in chapter are expected to contribute to the green transition, including biodiversity, or to addressing the challenges resulting therefrom, and whether they account for an amount that represents at least 85 % of the chapter's total allocation, based on the methodology for climate tracking set out in Annex VI; The estimated costs of the reforms and investments of the REPowerEU chapter above 37% shall not be taken into account for the calculation of the plan’s total allocation under Article 18 (4) point (e) and Article 19 (3) point (e).
2022/09/16
Committee: AGRI
Amendment 21 #

2022/0164(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 4
(4) By way of derogation from Articles 5(2), 17(4), 18(4) point (d) and 19(3) points (d), the principle of “do no significant harm” within the meaning of Article 17 of Regulation (EU) 2020/852 shall not apply to the reforms and investments expected to contribute to the REPowerEU objectives under paragraph 1, point (a) of this Article.deleted
2022/09/16
Committee: AGRI
Amendment 22 #

2022/0164(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
Regulation (EU) 2021/2115
Article 81a – paragraph 1
(1) Member States submitting to the Commission a recovery and resilience plan containing a REPowerEU chapter in accordance with Regulation (EU) 2021/241 of the European Parliament and of the Council may allocate, in the proposal forrequest for amendment of a CAP Strategic Plan referred to in Article 118 or in the reques9, part or all of the amount for amendment of a CAP Strategic Plan referred to in Article 119, up to 12.iginally allocated to support for investments under Article 73, within a maximum of 5% of its initial allocation for the EAFRD, to the Recovery and Resilience Facility.
2022/09/16
Committee: AGRI
Amendment 23 #

2022/0164(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
Regulation (EU) 2021/2115
Article 81a – paragraph 5 – introductory part
(5) The EAFRD allocation delivered through the Recovery and Resilience Facility, in accordance with paragraph 1, shall be fullynot be included:
2022/09/16
Committee: AGRI
Amendment 24 #

2022/0164(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
Regulation (EU) 2021/2115
Article 81a – paragraph 5 – point a
(a) in the calculation of the minimum financial allocation referred in Article 93 (1) and shall not for the purpose of Article 93 (3) be considered as an intervention referred to in Article 93 (2). 100% of the allocated expenditure will be taken into account for the calculation referred to in Article 93(2);
2022/09/16
Committee: AGRI
Amendment 25 #

2022/0164(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
Regulation (EU) 2021/2115
Article 81a – paragraph 5 – point b
(b) in the calculation of the reduction of the minimum financial allocation for eco-schemes as defined in Article 97(2) and shall not for the purpose of Article 97 (3) be considered as an intervention in accordance with Articles 70, 72, 73 and 74.
2022/09/16
Committee: AGRI
Amendment 26 #

2022/0164(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a
Regulation (EU) 2021/241
Annex V – section 2 – point 2.12 – subparagraph 1
The measures referred to in Article 21c (1) and (2) are expected to effectively contribute towards the Union’s security of supply for the Union as a whole, notably through a diversification of energy supply or reduction of dependence on fossil fuels well before 2030 by boosting investments into energy efficiency, energy savings and renewable energy generation.’.
2022/09/16
Committee: AGRI
Amendment 27 #

2022/0164(COD)

Proposal for a regulation
Annex I – paragraph 1 – point a
Regulation (EU) 2021/241
Annex V – section 2 – point 2.12 – subparagraph 2 – indent 1
— the implementation of the envisaged measures is expected to significantly contribute to the improvement of energy infrastructure and facilities to meet immediate security of supply needs for oil and gas, notably to enable diversification of supply in the interest of the Union as a whole, ordeleted
2022/09/16
Committee: AGRI
Amendment 15 #

2022/0154(CNS)

Proposal for a directive
Title 1
Proposal for a COUNCIL DIRECTIVE on laying down rules on a debt-equity bias reduction allowance and on limiting the deductibility of interest for corporate income tax purposes
2023/01/19
Committee: ECON
Amendment 20 #

2022/0154(CNS)

Proposal for a directive
Recital 2
(2) Member States’ tax systems allow too leniently the taxpayers to deduct interest payments on debt financing, and thereby reduce the corporate income tax liability, while costs related to equity financing are non-tax deductible in most Member States. The asymmetric tax treatment of debt and equity financing across the Union induces a bias towards debt in investment decisions. Moreover, where Member States provide for a tax allowance on equity financing in their domestic law, such national measures differ significantly in terms of policy design. The asymmetric tax treatment of debt and equity financing across the Union exacerbated by too permissive interest limitation rules induce a bias towards debt in investment decisions.
2023/01/19
Committee: ECON
Amendment 24 #

2022/0154(CNS)

Proposal for a directive
Recital 3
(3) In order to remove possible tax related distortions among Member States, it is necessary to lay down a common framework of rules to address the tax related debt-equity bias across the Union in a coordinated manner. Such rules should ensure that equity and debt financing are treated in a similar way for tax purposes across the single market. At the same time, a common Union legislative framework should be sustainable also is disincentivized from a tax perspective bringing the short term for Member States’ budgets. Such framework should therefore include rules, on the one hand, for the tax deductibility oftreatment between debt and equity financing closts and, on theer to each other, for limiting the tax deductibility of debt financing coststax purposes across the single market.
2023/01/19
Committee: ECON
Amendment 30 #

2022/0154(CNS)

Proposal for a directive
Recital 4
(4) To ensure a simple and comprehensive legislative framework, the common framework of rules should apply to all undertakings in the Union that are subject to corporate income tax in a Member State. Financial undertakings have special features and require a specific treatment. If the rules to address the tax related debt-equity bias were to apply to them, the economic burden of the measures would be unequally distributed at the expense of non-financial undertakings. Financial undertakings should therefore be excluded from the scope of this Directive.
2023/01/19
Committee: ECON
Amendment 32 #

2022/0154(CNS)

Proposal for a directive
Recital 5
(5) To neutralise the bias against equity financing, an allowance should be envisaged so that increases in a taxpayer's equity from one tax period to the next are deductible from its taxable base, subject to certain conditions. The allowance should be calculated by multiplying the increase in equity with a notional interest rate based on risk-free interest rate as laid down in the implementing acts adopted pursuant to Article 77e(2) of Directive 2009/138/EC. Such risk-free interest rates are already part of EU law and have been practically and effectively applied as such. Any part of the allowance that cannot be deducted in a tax period due to insufficient taxable profits may be carried forward. Taking into account the specific challenges that small- and medium-sized enterprises (SMEs) face in accessing capital markets, an increased allowance on equity should be envisaged for taxpayers that are SMEs. In order for the deduction of an allowance on equity to be sustainable for public finances in the short term, it should be limited in time. To safeguard the system from abuses, it is necessary to exclude the tax value of a taxpayer's own shares as well as that of its participation in associated enterprises from the calculation of changes in equity. In the same vein, it is necessary to provide for the taxation of a decrease in a taxpayer’s equity from one tax period to the following one, to prevent an equity increase from being effected in an abusive manner. Such a rule would also encourage the retention of a level of equity. It would apply so that where there is a decrease in equity of a taxpayer that has benefitted from an allowance on equity increase, an amount calculated in the same way as the allowance would become taxable for 10 tax periods; unless the taxpayer provides evidence that this decrease is exclusively due to losses incurred during the tax period or due to a legal obligation.deleted
2023/01/19
Committee: ECON
Amendment 37 #

2022/0154(CNS)

Proposal for a directive
Recital 6
(6) In order to avoid a misuse of the deduction of the allowance on equity, it is necessary to lay down specific anti-tax avoidance rules. Such rules should target, in particular, schemes put in place to circumvent the conditions on which an equity increase qualifies for an allowance under this Directive, for instance, through the intra-group transfer of participations in associated enterprises. Such rules should also target schemes put in place to claim an allowance in the absence of any equity increase at group level. For example, intra-group debt financing or contributions in cash could be used for these purposes. Specific anti-tax avoidance rules should also prevent schemes from being put in place to claim that an increase in equity, and the corresponding allowance, is higher than it actually is, for example, through an increase in loan financing receivables or overvaluation of assets. Moreover, the general anti-tax abuse rule in Article 6 of Council Directive (EU) 2016/116415 applies against abusive acts which are not covered by the specific anti-tax avoidance framework of this Directive. _________________ 15 Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market (OJ L 193, 19.7.2016, p. 1).deleted
2023/01/19
Committee: ECON
Amendment 40 #

2022/0154(CNS)

Proposal for a directive
Recital 7
(7) To effectively address the tax- related debt-equity bias in a manner beneficial, and not further harming the sustainableility for the Union’s public finances, an allowance for equity financing should be accompanied by a limitation on the deductibility of debt financing costs should be introduced. An interest limitation rule should therefore limit the deductibility of exceeding borrowing costs and apply independently from the allowance. Given the different objectives between such a rule and the existing anti-tax avoidance rule on interest limitation of Article 4 of Directive (EU) 2016/1164, both rules should be maintained. Taxpayers should first calculate the deductibility of exceeding borrowing costs under this Directive and then under ATAD. In the event that the latter results in a lower amount of deductible exceeding borrowing costs, the taxpayer should deduct this lower amount and carry forward or back any difference between the two amounts in accordance with Article 4 of ATAD.
2023/01/19
Committee: ECON
Amendment 49 #

2022/0154(CNS)

Proposal for a directive
Recital 10
(10) In order to enable the smooth and prompt amendment of certain non- essential elements of this Directive taking into account ongoing developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, so that the latter can amend this Directive, to modify the level of the risk premium rate as an element for the calculation of the allowance on equity. 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-Making16 . In particular, to ensure equal participation in the preparation of delegated acts, the Council should receive all documents at the same time as Member States' experts, and its experts should systematically be given access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 16 OJ L 123, 12.5.2016, p. 1.deleted
2023/01/19
Committee: ECON
Amendment 50 #

2022/0154(CNS)

Proposal for a directive
Article 1 – paragraph 1
This Directive lays down rules on the deduction, for corporate income tax purposes, of an allowance on increases in equity and on the limitation of the tax deductibility of exceeding borrowing costs.
2023/01/19
Committee: ECON
Amendment 52 #
2023/01/19
Committee: ECON
Amendment 53 #

2022/0154(CNS)

Proposal for a directive
Article 3
[...]deleted
2023/01/19
Committee: ECON
Amendment 59 #

2022/0154(CNS)

Proposal for a directive
Chapter II – title
II ALLOWANCE ON EQUITY AND INTEREST DEDUCTIONS
2023/01/19
Committee: ECON
Amendment 60 #

2022/0154(CNS)

Proposal for a directive
Article 4
[...]deleted
2023/01/19
Committee: ECON
Amendment 85 #

2022/0154(CNS)

Proposal for a directive
Article 5
1. Member States shall take appropriate measures to ensure that the base of the allowance on equity does not include the amount of any increase which is the result of: (a) granting loans between associated enterprises; (b) a transfer between associated enterprises of participations or of a business activity as a going concern; (c) a contribution in cash from a person resident for tax purposes in a jurisdiction that does not exchange information with the Member State in which the taxpayer seeks to deduct the allowance on equity. This paragraph shall not apply if the taxpayer provides sufficient evidence that the relevant transaction has been carried out for valid commercial reasons and does not lead to a double deduction of the defined allowance on equity. 2. Where an increase in equity is the result of a contribution in kind or investment in an asset, Member States shall take the appropriate measures to ensure that the value of the asset is taken into account for the calculation of the base of the allowance only where the asset is necessary for the performance of the taxpayer’s income-generating activity. If the asset consists of shares, it shall be taken into account at its book value. If the asset is other than shares, it shall be taken into account at its market value, unless a different value has been given by a certified external auditor. 3. Where an increase in equity is the result of a reorganisation of a group, such increase shall only be taken into account for the calculation of the base of the allowance on equity for the taxpayer in accordance with Article 4 to the extent that it does not result in converting into new equity the equity (or part thereof) that already existed in the group before the re- organisation.Article 5 deleted Anti-Abuse Rules
2023/01/19
Committee: ECON
Amendment 93 #

2022/0154(CNS)

Proposal for a directive
Article 7 – paragraph 1 – point a
(a) the number of taxpayers that have benefited from the allowance on equity in the tax period, also as a percentage of the total number of taxpayers falling within the scope of this Directive;deleted
2023/01/19
Committee: ECON
Amendment 94 #

2022/0154(CNS)

Proposal for a directive
Article 7 – paragraph 1 – point b
(b) the number of SMEs that have benefitted from the allowance in the tax period, including as a percentage of the total number of SMEs falling within the scope of this Directive and the number of SMEs that have benefitted from the allowance, which are part of large groups within the meaning of Article 3(7) of Directive 2013/34/EU;deleted
2023/01/19
Committee: ECON
Amendment 96 #

2022/0154(CNS)

Proposal for a directive
Article 7 – paragraph 1 – point c
(c) the total amount of expenditure incurred or tax revenue lost due to the deduction of allowance on equity allocated to the allowance on equity as compared to the national gross domestic product of the Member State;deleted
2023/01/19
Committee: ECON
Amendment 97 #

2022/0154(CNS)

Proposal for a directive
Article 7 – paragraph 1 – point f
(f) the number of taxpayers to which anti-abuse measures have been applied in the tax period pursuant to this Directive including the related tax consequences and sanctions applied;deleted
2023/01/19
Committee: ECON
Amendment 104 #

2022/0154(CNS)

Proposal for a directive
Article 9
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 4(5) shall be conferred on the Commission for an indeterminate period of time from [OP insert the date of entry into force of this Directive]. 3. The delegation of power referred to in Article 4(5) may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it to the Council. 6. A delegated act adopted pursuant to Article 4(5) shall enter into force only if no objection has been expressed by the Council within a period of 2 months of notification of that act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by 2 months at the initiative of the Council.Article 9 deleted Exercise of Delegation
2023/01/19
Committee: ECON
Amendment 105 #

2022/0154(CNS)

Proposal for a directive
Article 10
Informing the European Parliament The European Parliament shall be informed of the adoption ofArticle 10 delegated acts by the Commission, of any objection to them, and of the revocation of a delegation of powers by the Council.
2023/01/19
Committee: ECON
Amendment 107 #

2022/0154(CNS)

Proposal for a directive
Article 11 – paragraph 2
2. Member States may defer the application of the provisions of this Directive to taxpayers that on [1 January 2024] benefit from an allowance on equity under national law for a period up to 10 years and in no case for a period longer than the duration of the benefit under national law.deleted
2023/01/19
Committee: ECON
Amendment 39 #

2022/0147(COD)

Proposal for a directive
Recital 4
(4) Ensuring the same high level of consumer protection across the internal market is best achieved through full harmonisation. Full hHarmonisation is necessary in order to ensure that all consumers in the Union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. Member States should therefore nothowever be allowed to maintain or introduce national provisions other than those laid down in this Directive, with respect to aspects covered by the Directive, unless otherwise provided in this Directive to address specific situations or in light of the public interest. WThere no such harmonised provisions existfore, Member States should remain free to maintain or introduce national legislation.
2023/01/18
Committee: IMCO
Amendment 43 #

2022/0147(COD)

Proposal for a directive
Recital 7
(7) In order to address the fact that the progressive introduction of Union sector specific legislation has led to significant overlaps of that legislation with Directive 2002/65/EC and that digitalisation exacerbated some aspects that are not fully addressed by the Directive, including how and when information should be provided to the consumer, it is necessary to revise the rules applicable to financial services contracts concluded between a consumer and a trader at a distance and off-premises, while at the same time ensuring the application of the ‘safety net’ feature.
2023/01/18
Committee: IMCO
Amendment 46 #

2022/0147(COD)

Proposal for a directive
Recital 10
(10) While not all the provisions of Directive 2011/83/EU should apply to financial services contracts concluded at a distance due to the specific nature of those services, a number of provisions of Directive 2011/83/EU, such as relevant definitions, rules on additional payments, rules on ancillary contracts, rules on inertia selling, on enforcement and penalties, should also apply to financial services contracts concluded at a distance. The application of those provisions ensures complementarity between the different types of contracts concluded at a distance. The extension of the application of the rules on penalties of Directive 2011/83/EU will ensure that effective, proportionate and dissuasive fines are imposed on traders responsible for widespread infringements or widespread infringements with a Union dimension.
2023/01/18
Committee: IMCO
Amendment 50 #

2022/0147(COD)

Proposal for a directive
Recital 12
(12) Since distance financial services contracts are most commonly concluded by electronic means, rules on ensuring online fairness when financial services are contracted at a distance should contribute to the achievement of the goals laid down in Article 114 TFEU and Article 38 of the Charter of the Fundamental Rights of the EU. The rule on adequate explanations should ensure added transparency and provide the consumer with the possibilityright to request human intervention when he or she interacts with the trader through online interfaces, such as a chatbox or similar tools. The trader should be prohibited to deploy measures in his or her online interface or any other practices relating to dark patterns that could distort or impair the consumers’ ability to make a free, autonomous and informed decision or choice.
2023/01/18
Committee: IMCO
Amendment 52 #

2022/0147(COD)

Proposal for a directive
Recital 12 a (new)
(12 a) Regulation (EU) 2022/20651a defines dark patterns as practices that materially distort or impair, either on purpose or in effect, the ability of recipients of the service to make autonomous and informed choices or decisions. Those practices can be used to persuade the recipients of the service to engage in unwanted behaviours or into undesired decisions which have negative consequences for them. Providers of financial services should therefore be prohibited from deceiving or nudging recipients of the service and from distorting or impairing the autonomy, decision-making, or choice of the recipients of the service via the structure, design or functionalities of an online interface or a part thereof. This should include, but not be limited to, exploitative design choices to direct the recipient to actions that benefit the provider of financial services, but which may not be in the recipients’ interests, presenting choices in a non-neutral manner, such as giving more prominence to certain choices through visual, auditory, or other components, when asking the recipient of the service for a decision. _________________ 1a Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
2023/01/18
Committee: IMCO
Amendment 54 #

2022/0147(COD)

Proposal for a directive
Recital 13
(13) Certain consumer financial services are governed by specific Union acts, which continue to apply to those financial services. In order to ensure legal certainty, it should be clarified that where another Union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal, only the respective provisions of those other Union acts should apply to those specific consumer financial services unless provided otherwise in those acts. For instance, when Article 186 of Directive 2009/138/EC of the European Parliament and of the Council19 applies, the rules concerning the 'cancellation period' laid down in Directive 2009/138/EC apply and not the rules on the right of withdrawal laid down in this Directive and when Article 14(6) of Directive 2014/17/EU of the European Parliament and of the Council20 applies, the rules on the right of withdrawal under this Directive should not apply. Likewise, certain Union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract Furthermore, certain Union acts governing specific financial services, such as Directive 2014/17/EU on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. In order to ensure legal certainty, the rules on adequate explanations set out in this Directive should not apply to financial services falling under Union acts governing specific financial services that contain rules on the informadequate explanations to be provided to the consumer prior to the conclusion of the contract. _________________ 19 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1). 20 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34). 21 Such as, Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan- European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1), Directive 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, 12.6.2014, p. 349), Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19), Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214) 22 Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34)
2023/01/18
Committee: IMCO
Amendment 57 #

2022/0147(COD)

Proposal for a directive
Recital 16
(16) In order to delimit the scope of application of this Directive, the rules concerning consumer financial services concluded at a distance should not apply to services provided on a strictly occasional basis and outside a commercial structure dedicated to the conclusion of distance contracts.deleted
2023/01/18
Committee: IMCO
Amendment 63 #

2022/0147(COD)

Proposal for a directive
Recital 17
(17) The use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. In the interests of transparency, requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. In order to be able to make their decisions in full knowledge of the facts, consumers should receive the information at least onetwo days prior to the conclusion of the distance contract. Only in exceptional cases can the information be provided less than a daytwo days, i.e. one day at the latest, before the conclusion of the distance contract for financial service. In case the contract is concluded less than one day beforany case, the trader, within the established timeframe, should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service.
2023/01/18
Committee: IMCO
Amendment 65 #

2022/0147(COD)

Proposal for a directive
Recital 18
(18) The information requirements should be modernised and updatedmade future- proof. This Directive updates those to include, for example, the email address of the trader and others means of communication. Information requirements should also be adapted to include the information on the risk and reward related to certain consumer financial services. Consumers should also be clearly informed when the price presented to them is personalised on the basis of automated processing.
2023/01/18
Committee: IMCO
Amendment 74 #

2022/0147(COD)

(25) For distance contracts concluded by electronic means, the trader should provide the consumer with the possibility to use a withdrawal button. This withdrawal button should be introduced not only for contracts concluded at a distance for financial services but also for contracts concluded at distance for goods and services to ensure easy exercise of the right of withdrawal for consumers. In order for ensure the effective use of the withdrawal button, the trader should ensure that it is visible and, when the consumer uses the button, the trader should adequately document its use, allowing the consumers to easily identify themselves and to confirm the withdrawal from the contract through a dedicated button.
2023/01/18
Committee: IMCO
Amendment 77 #

2022/0147(COD)

Proposal for a directive
Recital 26
(26) CIn addition to the pre-contractual information received, consumers may need assistance in order to understand and decide which financial service is the most appropriate for his or her needs and financial situation. Therefore, Member States should ensure that before the conclusion of a financial service contract at a distance, traders provide such assistance in relation to the financial services which they offer to the consumer, by providing adequate explanations about the relevant information, including the essential characteristics of the products proposed. Where relevant, the explanations provided should encompass the social and environmental objectives of the offer, as well as how the achievement of such objectives is monitored. The provision of such information should be free of charge for consumers. The obligation of providing adequate explanations is particularly important when consumers intend to conclude a financial service contract at a distance and the trader provides explanations through online tools. In order to ensure that the consumer understands the effects that the contract may have on his or her economic situation, the consumer should always be able to request and obtain human intervention on behalf of the trader.
2023/01/18
Committee: IMCO
Amendment 81 #

2022/0147(COD)

Proposal for a directive
Recital 26 a (new)
(26 a) Consumers rely in some cases on comparison tools, including websites, to assess different offers in the area of financial services. It is therefore crucial to ensure access to independent and certified comparison tools that enable consumers to receive impartial and neutral overview of the different offers through compliance with a minimum set of requirements.
2023/01/18
Committee: IMCO
Amendment 82 #

2022/0147(COD)

Proposal for a directive
Recital 26 b (new)
(26 b) Similarly, misleading advertising or information on the financial services offered and their performances might incite consumers to purchase financial services that are not appropriate for their financial needs and interests. Any advertising on financial services should respect a minimum set of rules, irrespective of the format they are provided to consumers.
2023/01/18
Committee: IMCO
Amendment 89 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 1
‘Articles 1 and 2, Article 3(2), (5) and (6), Article 46a, Article 8(6), Article 11(a), Article 15, Articles 16a to 16e, Article 19, Articles 21 to 23, Article 24(1), (2), (3) and (4) and Articles 25, 26 and 267 shall apply to distance and off-premises contracts concluded between a trader and a consumer for the supply of financial services.
2023/01/18
Committee: IMCO
Amendment 98 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)
Directive 2011/83 EU
Article 11a (new)
(1 b) The following Article 11a is inserted: Article 11a Withdrawal button for distance contracts concluded by electronic means 1. Member States shall ensure that, for distance contracts concluded by electronic means, the trader provides a possibility to use a withdrawal button in order to facilitate the consumer’s exercise of the right of withdrawal. Such button shall be clearly labelled with the words ‘Withdraw from Contract’ or a corresponding unambiguous formulation. 2. The withdrawal button shall be placed in a prominent manner and permanently available during the entire withdrawal period on the same electronic interface as the one used to conclude the distance contract. In addition, the trader may also provide the withdrawal button through another channel. 3. The activation of the withdrawal button shall require the consumers to identify themselves and the contract they want to withdraw from. Consumers shall be asked to confirm the withdrawal from the contract through a button that is clearly labelled as a “confirmation button”. 4. The trader shall ensure that the activation of the withdrawal “confirmation’ button results in an instant confirmation notice to the consumer that the right of withdrawal has been exercised, which shall include the date and time of the exercise of the right of withdrawal, and where applicable, indicate the further requirements necessary to complete the withdrawal process. Confirmation of the exercise of the right of withdrawal shall be provided by the trader to the consumer on a durable medium. 5. As regards compliance with this Article, burden of proof shall be on the trader.
2023/01/18
Committee: IMCO
Amendment 99 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
RULES CONERNING FINANCIAL SERVICES CONTRACTS CONCLUDED AT A DISTANCE AND OFF- PREMISES
2023/01/18
Committee: IMCO
Amendment 102 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – title
Information requirements for distance and off-premises contracts for consumer financial services
2023/01/18
Committee: IMCO
Amendment 109 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point b
(b) the geographical address at which the trader is established as well as the trader’s telephone number and, email address; in addition, where the trader provides and other means of online communication which guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the trader on a durable medium, the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficiently; where applicable, the trader shall also provide the geographical address and, identity, telephone number and email address of the trader on whose behalf he is acting;
2023/01/18
Committee: IMCO
Amendment 110 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 1 – point c
(c) if different from the addressinformation provided in accordance with point (b), the geographical address of the place of business of the trader, telephone number and email address, and, where applicable, thatose of the trader on whose behalf he is acting, where the consumer can address any complaints;
2023/01/18
Committee: IMCO
Amendment 118 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 1 – point va (new)
(v a) where applicable, the existence of guarantee funds or other compensation arrangements;
2023/01/18
Committee: IMCO
Amendment 123 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 2 – subparagraph 1
Member States shall prohibit any offer or sale of financial services to consumers without their prior request and explicit agreement. In the case of telephone communications, the identity of the trader and the commercial purpose of the call initiated by the trader shall be made explicitly clear at the beginning of any conversation with the consumer.
2023/01/18
Committee: IMCO
Amendment 136 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 2a (new)
2 a. With respect to off-premises contracts, the trader shall give the information referred to in paragraph 1 to the consumer on paper or, if the consumer agrees, on another durable medium. That information shall be legible and in plain, intelligible language.
2023/01/18
Committee: IMCO
Amendment 138 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 3 – subparagraph 1
The trader shall provide the information referred to in paragraph 1 at least onetwo days before the consumer is bound by any distance contract.
2023/01/18
Committee: IMCO
Amendment 143 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 3 – subparagraph 2
When the information referred to in paragraph 1 is provided less than two days, and in all cases, no later than one day before the consumer is bound by the distance contract, Member States shall require that the trader sends a reminder, on a durable medium, to the consumer of the possibility to withdraw from the distance contract and of the procedure to follow for withdrawing, in accordance with Article 16b. That reminder shall be provided to the consumer, at the latest, one day after the conclusion of the distance contract.
2023/01/18
Committee: IMCO
Amendment 145 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 3a (new)
3 a. Further to the provision of pre- contractual information in line with the requirements under this Article, the trader shall maintain the terms and conditions offered for a minimum period of 14 days starting from the date of receipt by the consumer.
2023/01/18
Committee: IMCO
Amendment 146 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 4 – subparagraph 1
The information referred to in paragraph 1 shall be made availableprovided to the consumer on a durable medium and laid out in a way that is easy to read, using characters of readable size.
2023/01/18
Committee: IMCO
Amendment 149 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 4 – subparagraph 5
The information referred to in paragraph 1 shall be made availableprovided upon request in an appropriatccessible format to persons with disabilities, including for consumers with a visual impairment.
2023/01/18
Committee: IMCO
Amendment 151 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16a – paragraph 4a (new)
4 a. At any time during the contractual relationship, the consumer, upon request, is entitled to receive the contractual terms and conditions on paper or any other durable medium. In addition, the consumer is entitled to change the means of distance communication used, unless this is incompatible with the contract concluded or with the nature of the financial service provided.
2023/01/18
Committee: IMCO
Amendment 154 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16b – paragraph 1 – subparagraph 1
The Member States shall ensure that the consumer shall have a period of 14 calendar days to withdraw from a contract without penalty and without giving any reason. This period shall be extended to 30 calendar days in distance contracts relating to personal pension operations and life insurances.
2023/01/18
Committee: IMCO
Amendment 172 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16b – paragraph 3
3. The consumer shall have exercised his right of withdrawal within the withdrawal period referred to in paragraph 1 if the communication concerning the exercise of the right of withdrawal is sent or the withdrawal button referred to in paragraph 5Article 11(a) is activated by the consumer before that period has expired.
2023/01/18
Committee: IMCO
Amendment 173 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16b – paragraph 3a (new)
3 a. In case the trader has not provided the consumer with the information on the right of withdrawal as required by point (p) of Article 16a or about the existence of a withdrawal button in accordance with Article 11a, the right of withdrawal shall not lapse. For cases where the trader has not provided the consumer with the required information on contractual terms and conditions, the withdrawal period shall expire 12 months and 14 calendar days from the day of conclusion of the contract.
2023/01/18
Committee: IMCO
Amendment 176 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16b – paragraph 5
5. Member States shall ensure that, for distance contracts concluded by electronic means, the trader provides a possibility to use a withdrawal button in order to facilitate the consumer’s exercise of the right of withdrawal. Such button shall be clearly labelled with the words ‘Withdraw from Contract’ or a corresponding unambiguous formulation. The withdrawal button shall be placed in a prominent manner and permanently available during the entire withdrawal period on the same electronic interface as the one used to conclude the distance contract. In addition, the trader may also provide the withdrawal button through another channel. The trader shall ensure that the activation of the withdrawal button results in an instant confirmation notice to the consumer that the right of withdrawal has been exercised, which shall include the date and time of the exercise of the right of withdrawal. Confirmation of the exercise of the right of withdrawal shall be provided by the trader to the consumer on a durable medium.deleted
2023/01/18
Committee: IMCO
Amendment 182 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16d – paragraph 1 – introductory part
1. Member States shall ensure that traders are required to provide adequate explanations to the consumer on the proposed financial services contracts that make it possible for the consumer to assess whether the proposed contract and ancillary services are adapted to his or her needs and financial situation. The provision of information shall be free of charge for consumers and take place not later than two days before the conclusion of the contract. The explanations shall, as a minimum, include the following elements:
2023/01/18
Committee: IMCO
Amendment 184 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
(b a) environmental and social objectives of the proposed contract, including monitoring measures to ensure their achievements;
2023/01/18
Committee: IMCO
Amendment 188 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83 EU
Article 16d – paragraph 3 a (new)
3 a. As regards compliance with this Article, the burden on proof shall be on the trader.
2023/01/18
Committee: IMCO
Amendment 189 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d a (new)
The following Article is inserted: Article 16d a Rules on advertising of financial services 1. Member States shall take appropriate measures to ensure that advertising of financial services for contracts to be concluded at distance or off-premises comply with a minimum set of requirements on the information to be provided. 2. Minimum information requirements shall include: (a) essential characteristics of the financial service offered, including ancillary services when they are part of the contract offered; (b) a representative example of the total price to be paid by the consumers, including related fees and taxes; (c) a clear warning indicating that the financial service offered involves special risks linked to their specific features, especially when whose are subject to price fluctuations in financial markets; (d) a clear warning that past reward performances are no indicator for future performances; (e) a general warning about possible consequences for consumers of non- compliance with commitments, such as additional fees. 3. The information to be included in advertising shall be accessible, easily legible, clearly audible and adapted to the technical constraints of the medium on which it is displayed, including audio or visual posts and messages, banners or videos.
2023/01/18
Committee: IMCO
Amendment 190 #

2022/0147(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d b (new)
The following Article is inserted: Article 16d b Certification of comparison tools 1. Member States shall ensure that comparison tools that enable consumers to assess and compare free of charge different offers of financial services comply with a minimum set of requirements. 2. Minimum requirements to be respected by providers of comparison tool shall include: (a) be operationally independent from financial service providers, thereby ensuring that service providers are given equal treatment in search results; (b) clearly disclose the owners and operators of the comparison tool; (c) set out clear, objective criteria on which the comparison is based; (d) use plain and unambiguous language; (e) provide accurate and up-to-date information and state the time of the last update; include a broad range of offers covering a significant part of the market and, where the information presented is not a complete overview of the market, a clear statement to that effect, before displaying results; (f) provide an effective procedure to report incorrect information; (g) include a statement that prices are based on the information provided. 3. Comparison tools fulfilling the minimum requirements as laid down in paragraph 2 of this Article shall request its certification before the national competent authority. Competent national authorities shall publish the list of certified comparison tools on a regular basis.
2023/01/18
Committee: IMCO
Amendment 296 #

2022/0094(COD)

Proposal for a regulation
Recital 7
(7) Pursuing the environmental goals, including the fight against climate change and the transition towards a carbon- neutral, environmentally sustainable, toxic-free and fully circular economy within planetary boundaries by 2050 at the latest, makes it necessary to establish new environmental obligations and to lay the ground for the development and the application ofapply an assessment method for the calculation of the environmental sustainability of construction products. In order to achieve harmonised and accurate assessments, the Commission should build on the continuing efforts to develop and improve science-based assessment tools, such as the update Product Environmental Footprint method set out in Commission Recommendation (EU) 2021/2279. For the same reason, it is necessary to extend the range of regulated economic operators, since distributors, suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. That range should therefore be extended into two directions, downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. Moreover, certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products.
2022/12/20
Committee: IMCO
Amendment 299 #

2022/0094(COD)

(8) To ensure safety and functionality of construction products and, by extension, of construction works as well as workers and consumers, it is necessary to avoid that items that are not intended by their manufacturers to be construction products are placed on the market as construction products. Importers, distributors and other downstream economic operators should therefore ensure that those pseudo construction products are not sold as construction products. Moreover, certain service providers such as fulfilment service providers or 3D-printing service providers should not contribute to the non- compliances of other economic operators. It is therefore necessary to render relevant provisions applicable also to these services and their providers.
2022/12/20
Committee: IMCO
Amendment 300 #

2022/0094(COD)

Proposal for a regulation
Recital 10
(10) In order to ensure safety and protection of the environment, workers and consumers and to close a regulatory loophole that would otherwise exist, it is necessary to clarify that construction products manufactured on the construction site for immediate incorporation into the construction works are subject to the same rules as other construction products. Micro-enterprises, however, often individually manufacture and install products on site. Subjecting those micro- enterprises under all circumstances to the same rules as other enterprises would disproportionally affect those micro- enterprises. It is therefore necessary to enable Member States to exempt micro- enterprises from drawing up a declaration of performance in specific situations, where the interests of other Member States are not affected. Local authorities should be provided with the necessary financing mechanisms to help microenterprises access and be part of the sustainable product market.
2022/12/20
Committee: IMCO
Amendment 305 #

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 and to address the most impactful products first, the Commission should carry out a prioritisation of product families with the highest impact on climate or energy and resource use to be regulated under this Regulation and requirements that will apply to them. 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, laying down a list of product groups for which it plans to adopt requirements.
2022/12/20
Committee: IMCO
Amendment 310 #

2022/0094(COD)

Proposal for a regulation
Recital 20
(20) In order to contribute to the objectives of the European Green Deal and, the Circular Economy Action Plan and the Zero Pollution Action Plan, and to ensure safe and sustainable construction products, safety being one of thehealth, safety, environmental protection and workers and consumer protection being goals to be pursued in the legislation based on Article 114 of the Treaty on the Functioning of the European Union (TFEU), inherent product requirements related to safety, functionality and protection of environment, including climate, are necessary. When setting these requirements, the Commission should take into account their potential contribution to achieving Union climate, environmental and energy efficiency objectives. These requirements do not merely relate to the performance of construction products. Contrary to its predecessor Directive 89/106/EC, Regulation (EU) No. 305/2011 does not provide for the possibility to establish such inherent product requirements. However, certain harmonised standards for construction products contain such inherent product requirements which can relate to environment, to safety or simply to the good functioning of the product. These standards demonstrate that there is a practical need for such requirements on safety, the environment or simply the functioning of products. Article 114 TFEU as the legal base of this Regulation also imposes the pursuit of a high level of protection of the environment, health and human safety. Thus, this Regulation should (re-)introduce or validate inherent product requirements. Whilst these requirements need to be laid down by the legislator, there is a need for specifying them for the more than 30 product families, each with several categories. Hence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to specify the requirements for the respective construction product family or category.
2022/12/20
Committee: IMCO
Amendment 312 #

2022/0094(COD)

Proposal for a regulation
Recital 26
(26) In order to enhance legal clarity and reduce the administrative burden for the economic operators, it is necessary to avoid that construction products are subject to multiple assessments regarding the same aspect of health, safety or protection of the environment, including climate, under different Union legislation. This was confirmed by the REFIT platform recommending that the Commission gives priority to addressing the problems of overlapping and repetitive requirements. The Commission should thus be able to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations of this Regulation, where otherwise the same aspect of health, safety or protection of the environment, including climate, would be assessed in parallel under this Regulation and other Union law.
2022/12/20
Committee: IMCO
Amendment 315 #

2022/0094(COD)

Proposal for a regulation
Recital 28
(28) In particular, in the case of energy- related products included in ecodesign working plans which are also construction products and for intermediary products, with the exception of cement, priority for the setting of sustainability requirements will be given to the [ESPR]. This should be the case for instance for heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding building-integrated photovoltaic panels. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.
2022/12/20
Committee: IMCO
Amendment 316 #

2022/0094(COD)

Proposal for a regulation
Recital 32 a (new)
(32 a) Highlights, that the CE marking shall be adapted to specific requirements for the reuse of material ; applying the same certification criteria of new products to reused ones has proven to be one of the main barriers for the reuse of secondary products in the construction sector.
2022/12/20
Committee: IMCO
Amendment 318 #

2022/0094(COD)

Proposal for a regulation
Recital 36
(36) To ensure safety, functionality and sustainability of construction products, and by extension of construction works, all economic operators intervening in the supply and distributionvalue chain should take appropriate measures to ensure that they place or make available on the market only construction products which are in compliance with the binding Union requirements. In order to improve the legal clarity, it is necessary to set explicitly the obligations of economic operators.
2022/12/20
Committee: IMCO
Amendment 320 #

2022/0094(COD)

Proposal for a regulation
Recital 42
(42) To optimise the pursuit of the goals of the European Green Deal and of the Circular Economy Action Plan, the manufacturers should be obliged to reach a fair level ofensure both their products and manufacturing contribute significantly towards the Union's climate and environmental objectives by substainability, both for their products and their manufactuntially improving their products' environmental footpringt. This obligation requires trade-off-decisions between different environmental aspects and between environmental and safety aspects, whilst both environmental and safety aspects can relate to the product as such or to the construction works. To give manufacturers certainty about how to make these trade-off decisions, this Regulation should set out clear trade-off rules.
2022/12/20
Committee: IMCO
Amendment 321 #

2022/0094(COD)

Proposal for a regulation
Recital 44
(44) In view of enhancing the circularity of construction products, in line with the goals of the Circular Economy Action Plan, manufacturers should favour and the waste hierarchy, manufacturers should prevent waste generation by facilitating and prioritizing repair, re-use, and remanufacturing and, when products come to the end of their life, ensure recycling of their products. The (preparation for) re-use, remanufacturing and recycling require certain designspecific design choices, namely by facilitating the separation of products, components and materials during de-installation, deconstruction and demolition and at the later stage of recycling and avoiding mixed, blended or intricate materials. The use of substances of concern should be avoided to facilitate the safe and sustainable re-use and recycling of construction products. As the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use, remanufacturing and recycling, the necessary information in this regard should be made available in product databases or systems and on the manufacturer’s websites, in addition to the instructions for use.
2022/12/20
Committee: IMCO
Amendment 322 #

2022/0094(COD)

Proposal for a regulation
Recital 44 a (new)
(44 a) Considering the fact that climate and environmental impacts of certain construction products are more significant than others, prioritisation of sustainability measures, both in terms of product requirements and harmonised specifications, should be clearly highlighted.
2022/12/20
Committee: IMCO
Amendment 323 #

2022/0094(COD)

Proposal for a regulation
Recital 44 b (new)
(44 b) The use of bio-based construction products can improve the embodied carbon performance of buildings when substituting more carbon-intensive materials such as conventional cement and steel, provided that the overall climate impacts of biomass production are included in a whole lifecycle assessment and demonstrate lower global warming potential. Similarly, a lower relative impact is also to be demonstrated on other key environmental impact indicators. Construction material sourcing should not contribute to land use change, such as deforestation and forest degradation.
2022/12/20
Committee: IMCO
Amendment 324 #

2022/0094(COD)

Proposal for a regulation
Recital 46 a (new)
(46 a) Since significant impacts on our carbon budget and environment are due to construction products, they shall be subject to the same level of stringency as other products covered by Ecodesign for Sustainable Products Regulation (XXX/XXX). Therefore, this Regulation shall mirror all obligations and requirements set for other products under Ecodesign Regulation (XXX/XXX).
2022/12/20
Committee: IMCO
Amendment 327 #

2022/0094(COD)

Proposal for a regulation
Recital 58 a (new)
(58 a) To enable the implementation of the objectives of the Renovation Wave this Regulation must support harmonised declarations of performance for low emission construction products fit for energy efficient buildings. Therefore, this Regulation foresees the establishment and use of harmonised lowest concentrations of interest (EU LCI) for the assessment of emissions of volatile organic compounds and their publication in the internet, the determination and assessment of the release of volatile organic compounds by means of a horizontal harmonised test standard for the emissions of construction products and the assessment of mixture effects of the emitted substances with the hazard index calculated using EU LCI. This Regulation ensures that all volatile organic compound emissions are assessed according to the same health criteria and independent of the specific construction product source.
2022/12/20
Committee: IMCO
Amendment 331 #

2022/0094(COD)

Proposal for a regulation
Recital 91
(91) Public procurement amounts to 14% of the Union’s GDP. To contribute to the objective of reaching climate neutrality, improving energy and resource efficiency and transitioning to a circular economy that protects public health and biodiversity, contracting authorities and entities should, where appropriate, be required to align their procurement with specific green public procurement criteria or targets, to be set out in the delegated acts adopted pursuant to this Regulation. The criteria or targets set by delegated acts for specific product groups, should be complied with not only when directly procuring those products in public supply contracts but also in public works or public services contracts where those products will be used for activities constituting the subject matter of those contracts. Compared to a voluntary approach, mandatory criteria or targets will ensure that the leverage of public spending to boost demand for better performingreyclable, recycled, bio based, locally-sourced, and sustainable products is maximised. The criteria should be transparent, objective and non- discriminatory.
2022/12/20
Committee: IMCO
Amendment 332 #

2022/0094(COD)

Proposal for a regulation
Recital 106
(106) The objectives of this Regulation, namely the free circulation of construction products on the internal market, the protection of human health and safety, and the protection of the environment including climate change adaptation and mitigation, cannot be sufficiently achieved by the Member States, as Member States tend to establish very diverging requirements for construction products, with an uneven level of protection of human health and safety and of the environment. These objectives can rather be better achieved at Union level by establishing a harmonised assessment framework for the performance of construction products and certain product requirements for the protection of human health and safety and of the environment. Accordingly, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
2022/12/20
Committee: IMCO
Amendment 337 #

2022/0094(COD)

Proposal for a regulation
Article 1 – paragraph 1 – introductory part
This Regulation establishes harmonised rules for the making available on the market and direct installation and deinstallation of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:
2022/12/20
Committee: IMCO
Amendment 341 #

2022/0094(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b
(b) Ecodesign requirements, environmental, including climate, functional and safety product requirements for construction products.
2022/12/20
Committee: IMCO
Amendment 346 #

2022/0094(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
This Regulation shall contribute to the efficient functioning of the internal market and ensuring the safety of construction products as well as workers and consumers, while preventing and reducing the adverse impacts of construction products on the environment and the health and safety of workers, towards a carbon-neutral, environmentally sustainable, toxic-free and fully circular economy within planetary boundaries by 2050 at the latest.
2022/12/20
Committee: IMCO
Amendment 371 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a
(a) those used construction products or items are imported from third countries without having been placed on the Union market before;
2022/12/20
Committee: IMCO
Amendment 373 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b
(b) the economic operator has changed the intended use of those used construction products or items from the intended use assigned to those construction products or items by the initial manufacturer in another way than by a reduction in terms of performance or intended uses or to mere decoration” purposes, those purposes being defior reclamation dealer claims compliance with characteristics listed in Annex I and related performance, through best available techniques and assessment methods, against the intended use assigned byto the absence of any structural function for the construction works;used construction products
2022/12/20
Committee: IMCO
Amendment 376 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point e
(e) the economic operator making the used construction products or item available on the market opts for the application of this Regulation.deleted
2022/12/20
Committee: IMCO
Amendment 391 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 3 – point e a (new)
(e a) solid fuel heaters which are already regulated in Ecodesign for Sustainable Product Regulation
2022/12/20
Committee: IMCO
Amendment 402 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘construction product’ means any formed or formless physical itemproduct, including its packaging and instructions for use, or a kit or assembly combining such items, that is, which is produced as an end product and placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the Union, with the exception of items tconstruction works and the performance of which hats are necessarily first integrated into an assembly, kit or on effect on ther construction product prior to being incorporated in a permanent manner inworks with respect to the basic requirements for construction works;
2022/12/20
Committee: IMCO
Amendment 404 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
(1 a) ‘intermediate product’ means a product that requires further manufacturing or transformation such as mixing, coating or assembling to make it suitable for end users;
2022/12/20
Committee: IMCO
Amendment 407 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) ‘permanent’ means for a duration of two years or longerinstallation during a lifetime of a construction work;
2022/12/20
Committee: IMCO
Amendment 411 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
(4 a) 'decorative purposes' means aesthetic goals not related to the basic requirements on construction works as listed in Annex I
2022/12/20
Committee: IMCO
Amendment 419 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 8
(8) product requirements' means a threshold lequantitativel or another characteristic with which a product has to comply before it can be placed on the market or installed directly, including those requirements relating to labelling and instructions for use or other information to be providedn-quantitative requirement for on in relation to a product to achieve a certain performance level before it can be placed on the market or installed directly, in relation to a product parameter referred to in article 5 or article 22, and laid down in Annex I part B to D and specified in accordance with article 5(2);
2022/12/20
Committee: IMCO
Amendment 423 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 9 a (new)
(9 a) 'recycled content' means the proportion, by mass, of recycled material in a construction product or packaging. Only such pre-consumer and post- consumer materials are considered as recycled content for which zero pollution criteria are defined in a European standard for the recyclates concerned.
2022/12/20
Committee: IMCO
Amendment 438 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 19 a (new)
(19 a) ‘product passport’ means a set of data specific to a product that includes the information specified in the applicable delegated act adopted pursuant to Article 4 and that is accessible via electronic means through a data carrier in accordance with Chapter III;
2022/12/20
Committee: IMCO
Amendment 447 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 32
(32) ‘state of the art’ means a way to achieve a certain goal which is either the most effective and advanced or close to it and thus above the average of ways which can be chosen;deleted
2022/12/20
Committee: IMCO
Amendment 470 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 63 a (new)
(63 a) 'life-cycle assessment' means approach to assess the carbon footprint of construction products and make the information available to allow customers to compare and choose sustainable materials.
2022/12/20
Committee: IMCO
Amendment 471 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 64 a (new)
(64 a) 'reuse or reclamation dealer’ is an economic actor who acquires and sells reclaimed construction elements. Most salvage or reclamation dealers are equipped to under take specific operations to prepare reclaimed construction elements for reuse. This involves, for example, sorting, cleaning, dimensioning, documenting, advertising and shipping. Some salvage or reclamation dealers combine the sale of reclaimed products with an activity as deconstructors or demolition contractors.
2022/12/20
Committee: IMCO
Amendment 472 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 71 a (new)
(71 a) substance of concern’ means a substance that: (a) meets the criteria laid down in Article 57and is identified in accordance with Article59(1) of Regulation (EC) No 1907/2006;or (b) is classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in one of the following hazard classes or hazard categories: – carcinogenicity categories 1 and 2, – germ cell mutagenicity categories 1 and 2, – reproductive toxicity categories 1 and 2, [to be added in the course of the legislative procedure once Regulation (EC) No1272/2008 contains these hazard classes:Persistent, Bioacumulative, Toxic (PBTs),very Persistent very Bioaccumulative (vPvBs);Persistent, Mobile and Toxic (PMT), very Persistent very Mobile (vPvM);Endocrine disruption], – respiratory sensitisation category 1, – skin sensitisation category 1, – chronic hazard to the aquatic environment categories 1 to 4, – hazardous to the ozone layer,– specific target organ toxicity – repeated exposure categories 1 and 2, – specific target organ toxicity – single exposure categories 1 and 2;or (c) negatively affects the re-use and recycling of materials in the product in which it is present;
2022/12/20
Committee: IMCO
Amendment 481 #

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 2with the exclusion of paragraph 1(8) 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, as well as climate and social objectives as set out in the European Green Deal, the European Pillar of Social rights and circularity objectives pursued by Regulation (EUXXXXXX) [ecodesign for sustainable products Regulation].
2022/12/20
Committee: IMCO
Amendment 486 #

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 listed in Annex I Part A point 1 (1) to 1 (7) and their assessment methods.
2022/12/20
Committee: IMCO
Amendment 491 #

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 covered . 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 493 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 4 a (new)
Within 12 months of the adoption of this Regulation, the Commission shall produce a report detailing where standards adopted are not in line with EU climate and environmental legislation, and detail steps to adopt Delegated Acts to rectify this shortcoming.
2022/12/20
Committee: IMCO
Amendment 523 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 3 a (new)
3 a. The essential characteristics covering sustainable use of natural resources and environmental aspects listed in Annex I Part A Point 1 paragraph 1(8) and Point 2, including the methods for their assessment under art. 22(1), shall be covered by delegated acts in accordance with article 87. The respective delegated act shall also determine mandatory threshold levels and classes of performance in relation to the essential characteristics covered.
2022/12/20
Committee: IMCO
Amendment 531 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 4 – introductory part
4. In order to cover the regulatory needs of Member States and, to pursue the environmental, safety and harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union, and in order to contribute to the objectives of the European Green Deal and the Circular Economy Action Plan, and to ensure safe construction products, safety being one of the goals to be pursued in the legislation based on Article 114 of the Treaty on the Functioning of the European Union (TFEU), inherent product requirements related to safety, functionality and protection of environment, including climate, are necessary. the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by determining, for particular product families and categories, the following:
2022/12/20
Committee: IMCO
Amendment 535 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 4 – point a
(a) threshold levels and classes of performance in relation to the essential characteristics, taking into account Union climate goals, and which of the essential characteristics may or shall be declared by manufacturers in a transparent manner through the use of digital product passports;
2022/12/20
Committee: IMCO
Amendment 543 #

2022/0094(COD)

Proposal for a regulation
Article 5 – title
Product performance and information requirements
2022/12/20
Committee: IMCO
Amendment 549 #

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 performance requirements laid down in Annex I Part B and C 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 558 #

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 toshall 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 may 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 560 #

2022/0094(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. The Commission is empowered to amend Annex I Part B, C and D by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and in particular to cover new risks and environmental aspects.
2022/12/20
Committee: IMCO
Amendment 563 #

2022/0094(COD)

Proposal for a regulation
Article 5 – paragraph 3 a (new)
3 a. For performance requirements set in Annex I part B and C, the respective delegated acts shall, as appropriate, include: (a) minimum or maximum levels in relation to a specific product parameter referred to in Annex I part B and C or a combination thereof. (b) non-quantitative requirements that aim to improve performance in relation to one or more parameters referred to in Annex I part B and C or a combination thereof.
2022/12/20
Committee: IMCO
Amendment 564 #

2022/0094(COD)

Proposal for a regulation
Article 5 – paragraph 3 b (new)
3 b. For Information requirements set out in Annex I part D, manufacturers are required to disclose information in the Declaration of Conformity.
2022/12/20
Committee: IMCO
Amendment 565 #

2022/0094(COD)

Proposal for a regulation
Article 5 – paragraph 3 c (new)
3 c. The Commission is empowered to amend Annex I Part B, C and D by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and in particular to cover new risks and environmental aspects.
2022/12/20
Committee: IMCO
Amendment 567 #

2022/0094(COD)

Proposal for a regulation
Article 5 a (new)
Article 5 a Alignement with the Ecodesign for Sustainable Products Regulation 48 months after the entry into force of this Regulation, the Commission shall perform a study to assess the alignment of the revised Construction Products Regulation with the [Ecodesign for Sustainable Products Regulation..]. The assessment shall include the following criteria: (a) A first working plan has been established as of art. [5a] (b) the timeline pursued is comparable. (c) Relevant performance requirements have been developed for the top three products identified by the working plan established by art.[5a] In case the assessment is negative, the Ecodesign for Sustainable Products RegulationXXX/XXXX shall apply directly.
2022/12/20
Committee: IMCO
Amendment 577 #

2022/0094(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The harmonised zone shall be presumed to be comprehensive, covering all potentialcover the requirements for products other than those covered by other Union lawmandatory harmonised standards.
2022/12/20
Committee: IMCO
Amendment 579 #

2022/0094(COD)

(c) unless otherwise specified in accordance with Article 5(3), national law, other rules or administrative action shall not duplicate or go beyond product requirements specified in accordance with Article 5 or the threshold levels established in accordance with Article 4(4);deleted
2022/12/20
Committee: IMCO
Amendment 580 #

2022/0094(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
This paragraph shall also apply to public tenders or direct attributions of contracts where those public tenders or direct attributions are executed under direct or indirect control of public entities or are executed with reference to public provisions on public tenders or direct attribution of contracts. This paragraph shall also apply to grants or other positive incentives with the exception of fiscal incentives. However, hHarmonised technical specifications may permit or recommendrequire the Member States to link the decisions on the attribution of public tenders, of contracts or of grants or other positive incentives to sub-classes or additional classes other than those established in accordance with Article 4(4) where these still relate to environmental performances assessed in accordance with these harmonised technical specifications.
2022/12/20
Committee: IMCO
Amendment 585 #

2022/0094(COD)

Proposal for a regulation
Article 7 – paragraph 7 – point a
(a) the owner of the product, whilst having a choice amongst the manufacturer, the importer or the distributor as addressee, is in charge of the transport back to the distributor, importer or manufacturer;deleted
2022/12/20
Committee: IMCO
Amendment 588 #

2022/0094(COD)

Proposal for a regulation
Article 7 – paragraph 8
8. Member States may ban the destruction of surplus and unsold products or products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non- commercial use of products.
2022/12/20
Committee: IMCO
Amendment 590 #

2022/0094(COD)

Proposal for a regulation
Article 7 – paragraph 8 a (new)
8 a. Taking into account national destruction bans in accordance with paragraph (8) and the information provided in accordance with Article 22a, the Commission shall be empowered to adopt delegated acts according to Article 87 to supplement this Regulation by prohibiting economic operators to destroy surplus and unsold products in the Union, where the destruction of such products falling within a certain product family or category has significant environmental impact
2022/12/20
Committee: IMCO
Amendment 602 #

2022/0094(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The declaration of performance shall express the performance of products in relation to the essential characteristics of those products in accordance with the relevant harmonised technical specifications, delegated act as of art. 4(3) or European aAssessment documents.
2022/12/20
Committee: IMCO
Amendment 604 #

2022/0094(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The declaration of performance shall be drawn up using the model set out in Annex II without the section relating to conformity. The declaration of performance shall at least cover the performance with regard to the mandatory essential characteristics listed in Annex I Ppart A Ppoint 1.3, point 1.8 and point 2, the essential characteristics mandatory by virtue of harmonised technical specifications or delegated acts adopted in accordance with Aarticle 4(3), and the assessment of environmental sustainability referred to in Article 22(1). Information disclosed under point 2 must be product specific.
2022/12/20
Committee: IMCO
Amendment 607 #

2022/0094(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. The following information referred to in Article 31 or, as the case may be, in Article 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council45 shall be provided together with the declaration of performance. _________________ 45 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1.)on substances of concern added to the product shall be provided together with the declaration of performance.
2022/12/20
Committee: IMCO
Amendment 608 #

2022/0094(COD)

Proposal for a regulation
Article 11 – paragraph 4 – point a (new)
(a) information on included substances meeting the criteria laid down in Article 57 and is identified in accordance with Article 59(1) of Regulation (EC) No 1907/2006;
2022/12/20
Committee: IMCO
Amendment 609 #

2022/0094(COD)

Proposal for a regulation
Article 11 – paragraph 4 – point b (new)
(b) information on included substances classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in one of the following hazard classes or hazard categories: – carcinogenicity categories 1 and 2,– germ cell mutagenicity categories 1 and 2, - reproductive toxicity categories 1 and 2, [to be added in the course of the legislative procedure once Regulation (EC) No 1272/2008 contains these hazard classes: Persistent, Bioacumulative, Toxic (PBTs), very Persistent very Bioaccumulative (vPvBs); Persistent, Mobile and Toxic (PMT), very Persistent very Mobile (vPvM); Endocrine disruption], – respiratory sensitisation category 1,– skin sensitisation category 1, – chronic hazard to the aquatic environment categories 1 to 4, – hazardous to the ozone layer,– specific target organ toxicity – repeated exposure categories 1 and 2, – specific target organ toxicity – single exposure categories 1 and 2.
2022/12/20
Committee: IMCO
Amendment 610 #

2022/0094(COD)

Proposal for a regulation
Article 11 – paragraph 4 a (new)
4 a. The substances of concern shall be declared using the model set out in Annex II. In addition, a digital link to the safety data sheet referred to in Regulation (EC) No 1907/2006 of the European Parliament and of the Council shall be provided.
2022/12/20
Committee: IMCO
Amendment 611 #

2022/0094(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Where there is no declaration of performance available for a used product issued by the initial manufacturer or another economic operator pursuant to this Regulation or Regulation (EU) 305/2011, an economic operator, may issue a new declaration of performance without undergoing a full procedure in accordance with this Regulation where it limits the intended use to “decoration”claims compliance with characteristics listed in Annex I and related performance, through best available techniques and assessment methods, against the intended use assigned to the used construction products. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for used product”.
2022/12/20
Committee: IMCO
Amendment 614 #

2022/0094(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. BeforeIn order to placinge a product on the market, the manufacturer who is not exempted from the obligation to produce a declaration of performance shall:
2022/12/20
Committee: IMCO
Amendment 615 #

2022/0094(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point a
(a) verify the product's compliance with the directly applicable information requirements contained in Annex I Part D, and with the product requirements of Annex I Ppart B and C 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; Article 22, and
2022/12/20
Committee: IMCO
Amendment 618 #

2022/0094(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) draw up a declaration of conformity stating that the fulfilment of product and information requirements specified in the applicable delegated acts adopted pursuant to art. 5 and art. 22 have been demonstrated. It shall be continuously updated.
2022/12/20
Committee: IMCO
Amendment 628 #

2022/0094(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. Declarations mayshall contain permalinks to unamendable environmental product declarations or other unamendable documents containing the requestedmandatory information ifon those documents follow the order and structure of the declarations or if a correlation table linking the order of the declarations to the order of these documents is provided together with the permalinke environmental performance of construction products.
2022/12/20
Committee: IMCO
Amendment 644 #

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 conformity in accordance with Articles 9 and 11 to 14. The CE marking shall be affixed to key parts. The CE marking may not be affixed to parts which are not key parts.
2022/12/20
Committee: IMCO
Amendment 658 #

2022/0094(COD)

Proposal for a regulation
Article 18 – paragraph 1
Markings other than the CE marking, including private ones and excluding Type I (ISO 14024) ecolabels, may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone.
2022/12/20
Committee: IMCO
Amendment 680 #

2022/0094(COD)

Proposal for a regulation
Article 21 – paragraph 2 – introductory part
2. The manufacturer shall refrain from any claim about the characteristics and performance of a product that is not based on:
2022/12/20
Committee: IMCO
Amendment 690 #

2022/0094(COD)

Proposal for a regulation
Article 21 – paragraph 7
7. The manufacturer shall upload the datashare the information of the declaration of performance, including mandatory information on the environmental performance of construction products and of the declaration of conformity, the information referred to in paragraph 6 and the technical documentation in the EU product database or systemthrough the Digital Product Passport established in accordance with Article 78.
2022/12/20
Committee: IMCO
Amendment 724 #

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 social and environmental sustainability of their supplied component or service; all along their lifecycle, in compliance with article 4, article 5 and article 22 and including relevant information over raw material extraction and biodiversity impacts.
2022/12/20
Committee: IMCO
Amendment 729 #

2022/0094(COD)

Proposal for a regulation
Article 32 – paragraph 1 – point b
(b) the economic operator uses the currency of the Member States or a crypto- currency covered by Regulation (EU) […]47 unless, in the latter case, selling to the Union is explicitly excluded by effective means; _________________ 47 Future Regulation of the European Parliament and of the Council on Markets in Crypto-assets, and amending Directive (EU) 2019/1937, see COM/2020/593 final.
2022/12/20
Committee: IMCO
Amendment 730 #

2022/0094(COD)

Proposal for a regulation
Article 32 – paragraph 2
2. Member States shall designate a single centralised market surveillance authority responsible for detecting products offered from economic operators outside the Union to clients on their territory online and via other distance sales methods, and that may not respect the Union rules and norms.
2022/12/20
Committee: IMCO
Amendment 751 #

2022/0094(COD)

Proposal for a regulation
Article 46 – paragraph 6
6. The Commission may make the financing of the organisation of TABs, regardless of via grants or public tenders, subject to the fulfilment tof certain organisational and performance requirements, including with regard to a fair geographic distribution of TABs.
2022/12/20
Committee: IMCO
Amendment 765 #

2022/0094(COD)

Proposal for a regulation
Article 70 a (new)
Article 70 a Launch of market surveillance procedure 1. Where market surveillance authorities have sufficient reason to believe that: (a) a product presents a risk as defined in Article 3(70), including an indirect risk for the environment due to an erroneous calculation of the environmental sustainability; (b) a product is not compliant with requirements set out in or by means of this Regulation, including the case of erroneous calculation of the environmental sustainability; or (c) an economic operator does not comply with its obligations set out in or by means of this Regulation;they shall carry out an evaluation in relation to the compliance with the rules set out in or by means of this Regulation and, where appropriate, an assessment of the level of the risk involved.The evaluation and, where appropriate, assessment shall be based on available evidence and technical data, and shall take into consideration available relevant test results or other assessments carried out or issued in relation to the product by an economic operator or any other person or authority including the authorities of other Member States. Such information shall however not prevent market surveillance authorities from performing additional checks or assessments. 2. Where, based on such evaluation and assessment, a product is considered to present a serious risk as defined by Article 3(71), the market surveillance authorities shall apply Article 19(1) of Regulation (EU) 2019/1020.
2022/12/20
Committee: IMCO
Amendment 766 #

2022/0094(COD)

Proposal for a regulation
Article 70 b (new)
Article 70 b Market surveillance authorities:access to documents Market surveillance authorities shall have the powers listed in Article 14(4) of Regulation (EU) 2019/1020. These powers are, by virtue of this Regulation and only for the scope of application of this Regulation, extended and complemented so as to include the following powers: (a) the power to require any public authority, body or agency within the same Member State and any economic operator and natural or legal person supporting them to provide the documents, technical specifications, data, and information listed in point (a) and (b) of Article 14(4) of Regulation (EU) 2019/1020 and relevant for compliance with this Regulation or the documents and information referred to in Chapters II to VIII of this Regulation; (b) the power to, before submitting a reasoned request under Article 22(2) of Regulation (EU) 2019/1020, directly request information from economic operators and natural or legal persons supporting them in another Member State; (c) the power to request information from authorities, economic operators and natural or legal persons supporting the latter, where all these are located in third countries;
2022/12/20
Committee: IMCO
Amendment 777 #

2022/0094(COD)

1. The Commission is empowered toBy 31 December 2026, the Commission shall 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 onDigital Product Passport that builds on and is interoperable with the Digital Product Passport established by Regulation (EU) ... [Regulation on ecodesign for sustainable products]., such database should ensure the provision of a list of sustainable products deemed appropriate for construction practices ;
2022/12/20
Committee: IMCO
Amendment 780 #

2022/0094(COD)

Proposal for a regulation
Article 78 – paragraph 2
2. Economic operators may access all information stored in that database or system which regards them specifically. They may request that incorrect information is correcdeleted.
2022/12/20
Committee: IMCO
Amendment 783 #

2022/0094(COD)

Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – introductory part
The Commission may, by implementing acts give access to this databasdefine specific conditions applicable for system to certain authorities of third countries that apply voluntarily this Regulation or that have regulatory systems for construction products similar to this Regulation provided that these countries:construction products specifically. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88(1).
2022/12/20
Committee: IMCO
Amendment 784 #

2022/0094(COD)

Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point a
(a) ensure confidentiality,deleted
2022/12/20
Committee: IMCO
Amendment 786 #

2022/0094(COD)

Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point b
(b) are partners of a mechanism for lawful transfers of personal data compliant with the Regulation (EU) 2016/67948 , _________________ 48 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. 1–88.deleted
2022/12/20
Committee: IMCO
Amendment 788 #

2022/0094(COD)

Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point c
(c) commit to engage actively by notifying facts that might trigger the need for action of market surveillance authorities, andeleted
2022/12/20
Committee: IMCO
Amendment 791 #

2022/0094(COD)

Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point d
(d) commit to engage against economic operators infringing this Regulation from their territory.deleted
2022/12/20
Committee: IMCO
Amendment 795 #

2022/0094(COD)

Proposal for a regulation
Article 82 – paragraph 1 – point e
(e) scientific, technical, and regulatory matters, aiming to improve product safety or, the protection of the environment, environment and protection of workers and consumers ;
2022/12/20
Committee: IMCO
Amendment 799 #

2022/0094(COD)

Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1
Where Member States provide incentives for a product category covered by a delegated act establishing performance classes in accordance with Article 4(4), point (a) or a “traffic-light-labelling”scoring system in accordance with Article 22(5), those incentives shall aim at the highest two populated classes / colour codesclasses/score , or at higher classes / better colour codes.
2022/12/20
Committee: IMCO
Amendment 801 #

2022/0094(COD)

Proposal for a regulation
Article 83 – paragraph 2 – subparagraph 2 – point a a (new)
(a a) the environmental benefits derived from the uptake of products in the highest two classes/scores
2022/12/20
Committee: IMCO
Amendment 808 #

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 all public contracts, including implementation, monitoring and reporting of those requirements by Member States, through the support of local authorities. Member states will provide technical and financial assistance to local authorities to upskill and reskill the staff in charge of public contracts and public procurement.
2022/12/20
Committee: IMCO
Amendment 812 #

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, labels as defined in Article 43 of Directive 2014/24/EU, or targets, as appropriate.
2022/12/20
Committee: IMCO
Amendment 817 #

2022/0094(COD)

Proposal for a regulation
Article 84 – paragraph 3 – point b
(b) the need to ensure sufficient demand for more environmentally sustainable products;environmental benefits entailed by the uptake of products in the highest two classes/scores.
2022/12/20
Committee: IMCO
Amendment 823 #

2022/0094(COD)

Proposal for a regulation
Article 84 – paragraph 3 – point c
(c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costas determined on a total lifetime and operating cost basis.
2022/12/20
Committee: IMCO
Amendment 825 #

2022/0094(COD)

Proposal for a regulation
Article 84 – paragraph 3 – point c a (new)
(c a) the relevant Union green public procurement criteria.
2022/12/20
Committee: IMCO
Amendment 826 #

2022/0094(COD)

Proposal for a regulation
Article 84 – paragraph 3 a (new)
3 a. Where a product is covered by the Union green public procurement criteria but not yet by harmonised technical specifications, contracting authorities and contracting entities shall make best efforts to purchase only products and services that respect at least the technical specifications set at ‘core’ level in the relevant Union green public procurement criteria including among others for Office Building Design, Construction and Management and Union green public procurement criteria for Road Design, Construction and Maintenance.
2022/12/20
Committee: IMCO
Amendment 840 #

2022/0094(COD)

Proposal for a regulation
Article 91 – title
EPrioritisation, planning and evaluation
2022/12/20
Committee: IMCO
Amendment 842 #

2022/0094(COD)

Proposal for a regulation
Article 91 – paragraph 1
No sooner than 85 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 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 844 #

2022/0094(COD)

Proposal for a regulation
Article 91 – paragraph 2 a (new)
6 months after the date of application of this Regulation the Commission shall adopt a working plan, covering a period of at least 7 years, setting out for each year a list of product groups for which it intends to issue or update standardisation requests or delegated acts with product requirements in accordance with this Regulation. This list shall be set up and updated yearly after consultation of the Member States. In the seven-year time plan all products that have been covered by standardisation mandates under Council Directive 89/106/EEC and Regulation (EU) No. 305/2011 must be foreseen to receive updated standardisation requests responding to the regulatory needs of the members states. Additionally, impact assessments that may lead to ecodesign requirements must be foreseen for at least 15 product groups. As a minimum three delegated acts setting ecodesign requirements shall be foreseen. After six years after the date of application of this Regulation a new seven-year plan shall me made including the update of all standardisation requests and impact assessments that may lead to ecodesign requirements for all remaining product groups covered by standardisation requests. As a minimum seven further delegated acts setting ecodesign requirements shall be foreseen in this second seven-year plan. Also, this plan shall be updated yearly. After twelve years after the date of application of this Regulation a new seven-year plan shall me adopted for updating existing and drafting new standardisation requests and delegated acts. The procedure of adoption of a seven-year working plan and its yearly updates shall be continued as long as this Regulation remains applicable.
2022/12/20
Committee: IMCO
Amendment 866 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – introductory part
The construction works and any part of them shall be designed, constructed, used, maintained and demolished in such a way that they, throughout their life cycle, do not present acute or chronic threat tohave significant adverse effects on the health and safety of workers, occupants or neighbors as a result of any of the following:
2022/12/20
Committee: IMCO
Amendment 868 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point a
(a) the emissions of hazardous substances of concern, volatile organic compounds or hazardous particles into indoor air;
2022/12/20
Committee: IMCO
Amendment 869 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part A – point 1 – point 1.3 – paragraph 2 – point c
(c) the release of hazardous substances of concern into drinking water or substances which have an otherwise negative impact on drinking water;
2022/12/20
Committee: IMCO
Amendment 870 #

2022/0094(COD)

(e a) the release of microplastics into water or soil
2022/12/20
Committee: IMCO
Amendment 879 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point b
(b) minimizing the overall amount of raw materials used;
2022/12/20
Committee: IMCO
Amendment 880 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e
(e) Ease of deconstruction, reuse or recyclability of the construction works, parts of them and their materials after demolition.
2022/12/20
Committee: IMCO
Amendment 882 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e a (new)
(e a) Preference is given to the use of low-carbon materials, with equal performance
2022/12/20
Committee: IMCO
Amendment 883 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e b (new)
(e b) Use of sustainably sourced materials
2022/12/20
Committee: IMCO
Amendment 884 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e c (new)
(e c) use of raw materials is minimized to the extent possible and use of secondary materials is maximized
2022/12/20
Committee: IMCO
Amendment 885 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e d (new)
(e d) minimizing the overall amount of materials used;
2022/12/20
Committee: IMCO
Amendment 886 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part A – point 1 – point 1.8 – paragraph 2 – point e e (new)
(e e) Minimizing the overall volumes of waste generated.
2022/12/20
Committee: IMCO
Amendment 906 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part D – point 1 – point 1.2 – point f
(f) mainfull bill of materials used;
2022/12/20
Committee: IMCO
Amendment 911 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – point a – introductory part
(a) Safety during transport, installation, deinstallation, maintenance, deconstruction and demolition:
2022/12/20
Committee: IMCO
Amendment 915 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – point c – introductory part
(c) Maintenance needs with a view to maintaining the performance of the product during its service life span and to maximise its durability during several lifecycles:
2022/12/20
Committee: IMCO
Amendment 916 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – point c – point i
(i) description of the adjustment and maintenance operations that shouldall be carried out by the users and the preventive maintenance measures that shouldall be observed;
2022/12/20
Committee: IMCO
Amendment 918 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part D – point 1 – point 1.3 – point c – point ii
(ii) the type and frequency of inspections and maintenance required for safety reasonsand durability and, where appropriate, the parts subject to wear and the criteria for replacement;
2022/12/20
Committee: IMCO
Amendment 919 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part D – point 1 – point 1.6 – paragraph 1
Rules or recommendations forn information provision on repair, deconstruction, reuse, remanufacturing, recycling or safe deposit.:
2022/12/20
Committee: IMCO
Amendment 920 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part D – point 1 – point 1.6 – paragraph 2
Product information on these items shall, both in terms of quantity and quality, suffice to fully support make knowledgeable decisions on purchase, including the respective needed quantity, installation, use, maintenance, dismantling, reuse and recycling of the product. It shall include all the drawings, diagrams, descriptions and explanations necessary to understand it. Manufacturers shall disclose at least one best practice and a blacklist of practices hindering these objectives.
2022/12/20
Committee: IMCO
Amendment 922 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part D – point 1 – point 1.6 a (new)
1.6 a. Environmental product performance information. The manufacturer shall provide information on: (a) recycled content (b) recyclability and capability to be remanufactured (c) reparability during the expected life span (d) selection of safe, environmentally benign substances (e) upgradability (f) release of microplastics (g) capability of different materials or substance to be separated and recovered during dismantling or recycling procedures. (h) environmental and social impacts of raw materials' extraction or sourcing and indication of measure to tackle those.
2022/12/20
Committee: IMCO
Amendment 923 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part D – point 3 – paragraph 1
Harmonised technical specificationsDelegated acts according to Art. 5 shall, as appropriate, specify the product information requirements set out in point 1 that may relate both to the product itself and to its installation into construction works. Thereby, they shall take into account the needs of designers, building authorities, construction professionals, building control authorities, reuse businesses and brokers, consumers and other users, occupants, use managers, and of maintenance professionals.
2022/12/20
Committee: IMCO
Amendment 924 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part D – point 3 – paragraph 2 – introductory part
When specifying the product information requirements, harmonised technical specificationdelegated acts shall at least cover the following elements:
2022/12/20
Committee: IMCO
Amendment 925 #

2022/0094(COD)

Proposal for a regulation
Annex I – Part D – point 4 – introductory part
4. Harmonised technical specificationDelegated acts may permit manufacturers to provide certain information itemsadditional to that required in par 1, relevant for Member States, users or occupants, under the condition that:
2022/12/20
Committee: IMCO
Amendment 929 #

2022/0094(COD)

Proposal for a regulation
Annex II a (new)
Addition to Annex II: Model for declaring information on substances of concern required in Article 11 (4) Data to be filled in by the manufacturer for each relevant substance: Substance of concern under article 11 (4a) (SVHC) for each point: Yes/No If yes, date to be given Date of inclusion on the candidate list (https://echa.europa.eu/de/candidate-list- table) Substance of concern under Article 11 (4b) - Priority substance in the field of water policy - Existing active substance under Regulation (EU) No 528/2012 Substance name: - CAS Number - SVHC property or properties - Classification in accordance with Regulation (EC) No 1272/2008 - Concentration in product or its part - Amount in product - Function of the substance - Instructions for safe use - Instructions for safe disposal - Processes available on the market for the recovery of the substance
2022/12/20
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 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 125 #

2022/0089(COD)

Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on European Union quality schemes including geographical indications for wine, spirit drinks and agricultural products, and quality schemes for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2017/1001 and (EU) 2019/787 and repealing Regulation (EU) No 1151/2012
2022/11/28
Committee: AGRI
Amendment 135 #

2022/0089(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) Given the high rate of use of pesticides in the wine sector, sustainability standards in the wine sector should contribute to address biodiversity loss in particular, in line with the Biodiversity strategy and the Farm to Fork goals of a 50% reduction in the use and risk of chemical pesticides and a 50% reduction in the use of more hazardous pesticides. This legislative framework on geographical indications should encourage producers’ collective action to reduce their pesticide use and broader environmental impact, as well as to increase quality of their wines.
2022/11/28
Committee: AGRI
Amendment 138 #

2022/0089(COD)

Proposal for a regulation
Recital 9
(9) Ensuring uniform recognition and protection throughout the Union for the intellectual property rights related to names protected in the Union is a priority that can be effectively achieved only at Union level. Geographical indications protecting the names of wines, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production are an exclusive Union’s competence. A unitary and exclusive system of geographical indications therefore needs to be provided. Geographical indications are a collective right held by all eligible producers in a designated area willing to adhere to a product specification. Producers acting collectively have more powers than individual producers and take collective responsibilities to manage their geographical indications, including responding to societal demands for products resulting from sustainable production. Similarly, the collective organisation of the producers of a geographical indication can better ensure a fair distribution of the value added amongst the actors in the supply chain, to provide a fair income to producers which covers their costs and permits them to invest further in the quality and sustainability of their products. Operating geographical indications reward producers fairly for their efforts to produce a diverse range of quality products. At the same time, this can benefit the rural economy, which is particularly the case in areas with natural or other specific constraints, such as mountain areas and the most remote regions, where the farming sector accounts for a significant part of the economy and production costs are high. In this way, quality schemes are able to contribute to and complement rural development policy as well as market and income support policies of the CAP. In particular, they may contribute to the developments in the farming sector and, especially, disadvantaged areas. A Union framework that protects geographical indications by providing for their inclusion in a register at Union level facilitates the development of the agricultural sector, since the resulting, more uniform approach ensures fair competition between the producers of products bearing such indications and enhances the credibility of the products in the consumers’ eyes. The system of geographical indications aims at enabling consumers to make more informed purchasing choices and, through labelling and advertising, helping them to correctly identify their products on the market. Geographical indications, being a type of intellectual property right, help operators and companies valorise their intangible assets. To avoid creating unfair conditions of competition and to sustain the internal market, any producer, including a third country producer, should be able to use a registered name and market products designated as geographical indications throughout the Union and in electronic commerce, provided that the product concerned complies with the requirements of the relevant specification and that the producer is covered by a system of controls. In light of the experience gained from the implementation of Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) No 1151/2012 of the European Parliament and of the Council27 , there is a need to address certain legal issues, to clarify and simplify some rules and to streamline the procedures. _________________ 27 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
2022/11/28
Committee: AGRI
Amendment 196 #

2022/0089(COD)

Proposal for a regulation
Recital 56
(56) In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of defining sustainability standards and laying down criteria for the recognition of existing sustainability standards; clarifying or adding items to be supplied as part of accompanying information; entrusting the EUIPO with the tasks related to scrutiny for opposition and the opposition procedure, operation of the register, publication of standard amendments to a product specification, consultation in the context of cancellation procedure, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name, scrutiny of third country geographical indications other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications34 , proposed for protection pursuant to international negotiations or international agreementsoperation of the register, establishment and management of an alert system informing applicants about the availability of their geographical indication as a domain name; establishing appropriate criteria for monitoring performance of the EUIPO in the execution of the tasks entrusted to it; laying down additional rules on the use of geographical indications to identify ingredients in processed products; laying down additional rules for determining the generic status of terms; establishing the restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin; establishing restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials; laying down rules for determining the use of the denomination of a plant variety or of an animal breed; laying down rules which limit the information contained in the product specification for geographical indications and traditional specialities guaranteed; laying down further details of the eligibility criteria for traditional specialities guaranteed; laying down additional rules to provide for appropriate certification and accreditation procedures to apply in respect of product certification bodies; laying down additional rules to further detail protection of traditional specialities guaranteed; laying down for traditional specialities guaranteed additional rules for determining the generic status of terms, conditions for use of plant variety and animal breed denominations, and relation to intellectual property rights; defining additional rules for joint applications concerning more than one national territory and complementing the rules of the application process for traditional specialities guaranteed guaranteed; complementing the rules for the opposition procedure for traditional specialities guaranteed to establish detailed procedures and deadlines; supplementing the rules regarding the amendment application process for traditional specialities guaranteed; supplementing the rules regarding the cancellation process for traditional specialities guaranteed; laying down detailed rules relating to the criteria for optional quality terms; reserving an additional optional quality term, laying down its conditions of use; laying down derogations to the use of the term ‘mountain product’ and establishing the methods of production, and other criteria relevant for the application of that optional quality term, in particular, laying down the conditions under which raw materials or feedstuffs are permitted to come from outside the mountain areas. 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-Making35 . 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. _________________ 34 https://www.wipo.int/publications/en/detai ls.jsp?id=3983 35 OJ L 123, 12.5.2016, p. 1.
2022/11/28
Committee: AGRI
Amendment 206 #

2022/0089(COD)

Proposal for a regulation
Article 1 – paragraph 1 – introductory part
This Regulation on quality schemes lays down the rules on:
2022/11/28
Committee: AGRI
Amendment 211 #

2022/0089(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) geographical indications for wine, spirit drinks and agricultural products.
2022/11/28
Committee: AGRI
Amendment 224 #

2022/0089(COD)

(a) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors of the same product, and which shall include consumer representatives or consumer groups;
2022/11/28
Committee: AGRI
Amendment 233 #

2022/0089(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) ‘traditional’ and ‘tradition’, in the Scope of Title III Chapter I, associated with a product originating in a geographical area, means proven historical usage by producers in a community for a period that allows transmission between generations; this period is to be at least 30 years and the said usage may embrace modifications necessitated by changing hygiene and safety practices;
2022/11/28
Committee: AGRI
Amendment 255 #

2022/0089(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. This Title provides for a unitary and exclusive system of geographical indications, protecting the names of wine, spirit drinks and agricultural products having characteristics, attributes or reputation linked to their place of production, thereby ensuring the following:
2022/11/28
Committee: AGRI
Amendment 256 #

2022/0089(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a
(a) producers acting collectively have the necessary powers and responsibilities to manage their geographical indication, including to respond to societal demands for products resulting from sustainable production in its three dimensions of economic, environmental, animal health and welfare, and social value, and to operate in the market;
2022/11/28
Committee: AGRI
Amendment 261 #

2022/0089(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
(ba) fair repartition of the added value of products benefitting from a geographical indication along the supply chain, in order to guarantee a fair income to producers and ensure their capacity to invest in the quality and the sustainability of their products
2022/11/28
Committee: AGRI
Amendment 278 #

2022/0089(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. This Title covers wine, spirit drinks and agricultural products, including foodstuffs and fishery and aquaculture products, listed under Chapters 1 to 23 of the combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/8743 , and the additional agricultural products under the combined nomenclature headings and codes set out in Annex I to this Regulation. _________________ 43 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
2022/11/28
Committee: AGRI
Amendment 287 #

2022/0089(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) ‘geographical indication’, unless otherwise stated, means designations of origin and geographical indications of wine, as defined in Article 93 of Regulation (EU) No 1308/2013, designations of origin and geographical indications of agricultural products, as defined in Article 48 of this Regulation and geographical indications of spirit drinks, as defined in Article 3(4) of Regulation (EU) 2019/787, that are applied for or entered in the Union register of geographical indications referred to in Article 23;
2022/11/28
Committee: AGRI
Amendment 288 #

2022/0089(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) ‘wine’ means the products referred to in Part II, points 1, 3 to 6, 8, 9, 11, 15 and 16 of Annex VII to Regulation (EU) No 1308/2013;deleted
2022/11/28
Committee: AGRI
Amendment 295 #

2022/0089(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point f
(f) ‘recognised producer group’ means a formal association having legal personality and recognised by the competent national authorities as the sole group to act on behalf of all producers, and fulfilling the requirements of Article 33 paragraphs 1 and 2;
2022/11/28
Committee: AGRI
Amendment 301 #

2022/0089(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Applications for the registration of geographical indications may only be submitted by a producer group of a product ('applicant producer group'), the name of which is proposed for registration. Regional or local public bodies and non- governmental organisations such as consumer groups may help in the preparation of the application and in the related procedure.
2022/11/28
Committee: AGRI
Amendment 313 #

2022/0089(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. The Member State shall scrutinise the application for registration in order to check that it meets the conditions for registration of the respective provisions for wine, spirit drinks or agricultural products as appropriate.
2022/11/28
Committee: AGRI
Amendment 324 #

2022/0089(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point a
(a) Article 94 of Regulation (EU) No 1308/2013 for wine;deleted
2022/11/28
Committee: AGRI
Amendment 333 #

2022/0089(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. A producer group may agree on 1. sustainability undertakings to be adhered to in the production of the product designated by a geographical indication. Such undertakings shall aim to apply a sustainability standard higher than mandated by Union or national law and go beyond good practice in significant respects in terms of social, environmental, animal health and welfare, or economic undertakings. Such undertakings shall be specific, and shall complement and contribute to producers' broader agroecological strategies to combat climate change. Such undertakings shall take account of existing sustainable practices employed for products designated by geographical indications, including those listed in the framework of the audit undertaken as per paragraph 1a, and may refer to existing sustainability schemes.
2022/11/28
Committee: AGRI
Amendment 337 #

2022/0089(COD)

Proposal for a regulation
Article 12 – paragraph 1 a (new)
1a. Sustainability standards shall be based on existing sustainable practices employed in the production of products designated by a geographical indication, or on sustainable practices supported by scientific evidence. Producers shall undertake an audit within each geographical indication in order to identify sustainable practices which may be shared and replicated, through advisory services and through the development of a network for the exchange of best practices in sustainability, financed under the CAP strategic plans.
2022/11/28
Committee: AGRI
Amendment 349 #

2022/0089(COD)

Proposal for a regulation
Article 12 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 defining sustainability standards in different sectors and laying down criteria for the recognition of existing sustainability standards to which producers of products designated by geographical indications may adhere. The Commission shall adopt definitions of sustainability standards and recognition criteria for existing sustainability standards relating to animal-based products by June 2024.
2022/11/28
Committee: AGRI
Amendment 360 #

2022/0089(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point a
(a) the document summarising the product specification referred to in Article 94 of Regulation (EU) No 1308/2013 for wine;deleted
2022/11/28
Committee: AGRI
Amendment 365 #

2022/0089(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point c – point i
(i) Article 116a of Regulation (EU) No 1308/2013 as regards wine;deleted
2022/11/28
Committee: AGRI
Amendment 390 #

2022/0089(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. Where, based on the scrutiny carried out pursuant to paragraph 1, the Commission considers that the conditions laid down in this Regulation and in Regulations (EU) No 1308/2013 and (EU) 2019/787, as appropriate, are fulfilled, it shall publish in the Official Journal of the European Union the single document and the reference to the publication of the product specification.
2022/11/28
Committee: AGRI
Amendment 395 #

2022/0089(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the tasks set out in this Article.
2022/11/28
Committee: AGRI
Amendment 412 #

2022/0089(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. An opposition shall claim that the application could infringe the conditions laid down in this Regulation, Regulations (EU) No 1308/2013 or (EU) 2019/787, as appropriate, and give reasons. An opposition that does not contain the said claim shall be void.
2022/11/28
Committee: AGRI
Amendment 429 #

2022/0089(COD)

Proposal for a regulation
Article 19 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts, in accordance with Article 84 supplementing this Regulation by detailed procedures and deadlines for the opposition procedure, for the official submission of comments by national authorities and persons with a legitimate interest, which will not trigger the opposition procedure and by rules on entrusting its tasks set out in this Article to EUIPO.
2022/11/28
Committee: AGRI
Amendment 437 #

2022/0089(COD)

Proposal for a regulation
Article 20 – paragraph 1 – point a
(a) the proposed geographical indication does not comply with the definition of the geographical indication or with the requirements referred to in this Regulation, Regulation (EU) No 1308/2013 or Regulation (EU) 2019/787 as the case may be;
2022/11/28
Committee: AGRI
Amendment 443 #

2022/0089(COD)

Proposal for a regulation
Article 23 – paragraph -1 (new)
-1. The EUIPO shall be responsible for the operation of the electronic register of geographical indications protected under this Regulation, in full respect of the provisions of this Regulation.
2022/11/28
Committee: AGRI
Amendment 451 #

2022/0089(COD)

Proposal for a regulation
Article 23 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO tothe implementation and operateion of the Union register of geographical indications by the EUIPO.
2022/11/28
Committee: AGRI
Amendment 467 #

2022/0089(COD)

Proposal for a regulation
Article 25 – paragraph 3 – point a
(a) includes a change in the name, or in the use of the name, or, for wine and spirit drinks, in the category of product or products designated by the geographical indication, or, for spirit drinks, in the legal name; or
2022/11/28
Committee: AGRI
Amendment 479 #

2022/0089(COD)

Proposal for a regulation
Article 25 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions entrusting EUIPO with the publication of standard amendments referred to in paragraph (9).
2022/11/28
Committee: AGRI
Amendment 497 #

2022/0089(COD)

Proposal for a regulation
Article 26 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules entrusting EUIPO with the tasks set out in paragraph (5).
2022/11/28
Committee: AGRI
Amendment 548 #

2022/0089(COD)

Proposal for a regulation
Article 32 – paragraph 1
1. A producer group shall be set up on the initiative of interested stakeholders, including farmers, farm suppliers, intermediate processors and final processors, and consumer groups, as specified by the national authorities and according to the nature of the product concerned. Member States shall verify that the producer group operates in a transparent and democratic manner, in particular via rules enabling the producer members to scrutinise democratically their organisation and its decisions as well as its accounts and budgets, and that all producers of the product designated by the geographical indication enjoy right of membership in the group. Member States mayshall provide that public officialconsumer groups, and other stakeholders such as consumer grouppublic officials, retailers and suppliers, also participate in the works of the producer group.
2022/11/28
Committee: AGRI
Amendment 558 #

2022/0089(COD)

Proposal for a regulation
Article 32 – paragraph 2 – point c
(c) agree sustainability undertakings, complementary and contributing to producers' agroecological strategies to combat climate change, whether or not included in the product specification or as a separate initiative, including arrangements for verification of compliance with those undertakings and assuring adequate publicity for them notably in an information system provided by the Commission;
2022/11/28
Committee: AGRI
Amendment 568 #

2022/0089(COD)

Proposal for a regulation
Article 33 – paragraph 1
1. Upon a request of producer groups fulfilling the conditions of paragraph 32 of this Article, Member States shall designate, in accordance with their national law, one producer group as recognised producer group for each geographical indication originating in their territory that is registered or is subject to an application for registration or for product names that are a potential subject for application for registration.
2022/11/28
Committee: AGRI
Amendment 578 #

2022/0089(COD)

Proposal for a regulation
Article 33 – paragraph 4
4. The powers and responsibilities referred to in paragraph 2 shall be subject to a prior agreement concluded between at least two-thirds of the producers of the product designated by a geographical indication, accounting for at least two- thirds of the production of that product in the geographical area referred to in the product specification.deleted
2022/11/28
Committee: AGRI
Amendment 592 #

2022/0089(COD)

Proposal for a regulation
Article 34 – paragraph 2 a (new)
2a. The EUIPO shall be responsible for the establishment and management of a domain name information and alert system, that would provide the applicant, upon the submission of an application for a geographical indication, with information about the availability of the geographical indication as a domain name and, on optional basis, the registration of a domain name identical to their geographical indication
2022/11/28
Committee: AGRI
Amendment 594 #

2022/0089(COD)

Proposal for a regulation
Article 34 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by provisions entrusting EUIPO toon the establishment and management by EUIPO of a domain name information and alert system that would provide the applicant, upon the submission of an application for a geographical indication, with information about the availability of the geographical indication as a domain name and, on optional basis, the registration of a domain name identical to their geographical indication. That delegated act shall also include the obligation for registries of country-code top-level domain names, established in the Union, to provide EUIPO with the relevant information and data.
2022/11/28
Committee: AGRI
Amendment 598 #

2022/0089(COD)

Proposal for a regulation
Article 36 – paragraph 1
A registered geographical indication may be used by any operator marketing a product conforming to the corresponding product specification or single document or an equivalent to the latter.
2022/11/28
Committee: AGRI
Amendment 663 #

2022/0089(COD)

Proposal for a regulation
Article 46
Scrutiny of third country geographical The Commission shall be empowered to adopt delegated acts in accordance with Article 84 supplementing this Regulation by rules on entrusting EUIPO with the scrutiny of third country geographical indications, other than geographical indications under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, proposed for protection pursuant to international negotiations or international agreements.Article 46 deleted indications
2022/11/28
Committee: AGRI
Amendment 675 #

2022/0089(COD)

Proposal for a regulation
Article 47 – paragraph 1 – point a
(a) the extent of integration of agricultural factors in the scrutiny process;
2022/11/28
Committee: AGRI
Amendment 689 #

2022/0089(COD)

Proposal for a regulation
Article 48 – paragraph 4
4. Notwithstanding paragraph 1, certain names shall be registered as designations of origin even though the raw materials for the products concerned come from a geographical area larger than, or different from, the defined geographical area, provided that: (a) the production area of the raw materials is defined; (b) special conditions for the production of the raw materials exist; (c) there are control arrangements to ensure that the conditions referred to in point (b) are adhered to; and (d) the designations of origin in question were recognised as designations of origin in the country of origin before 1 May 2004. Only live animals, meat and milk may be considered as raw materials for the purposes of this paragraph.deleted
2022/11/28
Committee: AGRI
Amendment 696 #

2022/0089(COD)

Proposal for a regulation
Article 48 – paragraph 7 a (new)
7a. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 concerning guidelines, per product category, for minimum standards in the use of chemical additives, including nitrites and nitrates, in order to inform the development of quality product specifications and their coherent interpretation and implementation. These guidelines shall, based on objective criteria, take into account the impact of the use of additives on food quality and preservation of characteristics inherent in the agricultural product, as well as the impact of the use of additives on health.
2022/11/28
Committee: AGRI
Amendment 697 #

2022/0089(COD)

Proposal for a regulation
Article 50 – paragraph 2 a (new)
2a. Specific rules on the sourcing and composition of feed, pursuant to paragraph 1 and 2 of this Article, shall be included within the product specification and shall be justified with respect to the link referred to in Article 51(1), point (f).
2022/11/28
Committee: AGRI
Amendment 698 #

2022/0089(COD)

Proposal for a regulation
Article 50 – paragraph 3
3. Any restrictspecific provisions ton the origin of raw materials provided in the product specification of a product the name of which is registered as a geographical indication shall be justified with respect to the link referred to in Article 51(1), point (f) .
2022/11/28
Committee: AGRI
Amendment 704 #

2022/0089(COD)

Proposal for a regulation
Article 51 – paragraph 1 – point f a (new)
(fa) as regards meat products the name of which is registered as a designation of origin, the breed(s), place of birth, rearing and slaughter of the animal, origin and composition of feed and grazing, and method of farming/farming practices
2022/11/28
Committee: AGRI
Amendment 705 #

2022/0089(COD)

2. The product specification may also include sustainability undertakings, relating to environmental, social and/or laboral dimensions of sustainability, and undertakings related to animal welfare at all stages of life.
2022/11/28
Committee: AGRI
Amendment 716 #

2022/0089(COD)

Proposal for a regulation
Article 57 – paragraph 1
1. Applications for the registration of a traditional speciality guaranteed may only be submitted by groups of producers of products with the name to be protected. Several groups from different Member States or third countries may lodge a joint application for registration. Other interested parties, including regional or local public bodies and regional or local consumer groups, may help in the preparation of the application and in the related procedure.
2022/11/28
Committee: AGRI
Amendment 736 #

2022/0089(COD)

Proposal for a regulation
Article 81 – paragraph 1 – point 1
Regulation (EU) 1308/2013
Article 93 – paragraph 1 – point b
(1) in Article 93(1), point (b) is replaced by the following (b) name, including a traditionally used name, which identifies a product referred to in Article 92(1): (i) or other characteristics are attributable to its geographical origin; (ii) as originating in a specific place, region or country; (iii) as having at least 85 % of the grapes used for its production originating exclusively from that geographical area; (iv) place in that geographical area; and (v) varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis.;deleted “geographical indication” means a whose specific quality, reputation the production of which takes which is obtained from vine
2022/11/28
Committee: AGRI
Amendment 747 #

2022/0089(COD)

Proposal for a regulation
Article 81 – paragraph 1 – point 2
Regulation (EU) 1308/2013
Article 94
(2) [...]deleted
2022/11/28
Committee: AGRI
Amendment 754 #

2022/0089(COD)

Proposal for a regulation
Article 81 – paragraph 1 – point 2 a (new)
Regulation (EU) 1308/2013
Article 94 a (new)
(2a) Article 94a Sustainability undertakings 1. A producer group may agree on sustainability undertakings to be adhered to in the production of the wine protected with a geographical indication. Such undertakings shall aim to apply a sustainability standard higher than mandated by Union or national law and go beyond good practice in significant respects in terms of social, environmental, animal health and welfare, or economic undertakings. Such undertakings shall be specific, and shall complement and contribute to producers' broader agroecological strategies to combat climate change. Such undertakings shall take account of existing sustainable practices employed for products designated by geographical indications, including those listed in the framework of the audit undertaken as per paragraph 1a, and may refer to existing sustainability schemes. 1a. Sustainability standards shall be based on existing sustainable practices employed in the production of wine, or on sustainable practices supported by scientific evidence. Producers shall undertake an audit within each geographical indication in order to identify sustainable practices which may be shared and replicated, through advisory services and through the development of a network for the exchange of best practices in sustainability, financed under the national CAP strategic plans via the support programs in the wine sector under Chapter II, Section IV of Regulation 1308/2013 and via the rural development interventions under Articles 77 and 78 of the Regulation 2021/2115, which concern Cooperation and Knowledge exchange and dissemination of information. 2. The sustainability undertakings referred to in paragraph 1 shall be included in the product specification. 3. The sustainability undertakings referred to in paragraph 1 shall be without prejudice to requirements for compliance with hygiene, safety standards and competition rules. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 84 defining sustainability standards in for the wine sector and laying down criteria for the recognition of existing sustainability standards to which producers of products designated by geographical indications may adhere. The Commission shall adopt definitions of sustainability standards and recognition criteria for existing sustainability standards relating to wine by June 2024. 5. The Commission may adopt implementing acts defining a harmonised presentation of sustainability undertakings. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 53(2).
2022/11/28
Committee: AGRI
Amendment 760 #

2022/0089(COD)

Proposal for a regulation
Article 81 – paragraph 1 – point 3
(3) Articles 95 to 99, Articles 101 to 106 and Article 107 are deleted.
2022/11/28
Committee: AGRI
Amendment 801 #

2022/0089(COD)

Proposal for a regulation
Article 84 – paragraph 2
2. The power to adopt delegated acts referred to in Article 12(4), Article 14(2), Article 15(6), Article 17(5), Article 19(10), Article 23(7), Article 25(10), Article 26(6), Article 28(3), Article 29(3), Article 34(3), Article 46(1), Article 46, Article 47(1), Article 48(6), Article 48(7), Article 49(4), Article 51(3), Article 55(5), Article 56(2), Article 73(10), Article 69(4), Article 70(2), Article 58(3), Article 62(10), Article 67(3), Article 68(6), Article 76(4), Article 77(1), Article 78(3), Article 78(4), shall be conferred on the Commission for a period of 7 years from [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.
2022/11/28
Committee: AGRI
Amendment 113 #

2022/0051(COD)

Proposal for a directive
Recital 7 a (new)
(7 a) Companies should be responsible for using their influence to contribute to a fair wage in value chains. Fair wage for smallholders is understood as the income they earn from their production, which must meet the needs of their household and their farm, including those of their relatives.
2022/10/27
Committee: ECON
Amendment 132 #

2022/0051(COD)

Proposal for a directive
Recital 17 a (new)
(17 a) Global value chains, in particular critical raw materials value chains, are impacted by detrimental effects of natural or man-made hazards. The risks in critical value chains have been made apparent by the COVID-19 crisis while the frequency and impact of those shocks are likely to increase in the future, constituting a driver for inflation and leading to a subsequent increase of macroeconomic volatility as well as market and trade uncertainty. To address this, the EU should establish resilience stress tests for companies, akin to the stress tests for financial institutions, that would map, assess and provide potential responses to their value chain risks, including externalities as well as social, environmental and political risks.
2022/10/27
Committee: ECON
Amendment 140 #

2022/0051(COD)

Proposal for a directive
Recital 19
(19) As regards regulated financial undertakings providing loan, credit, or other financial services, “value chain” with respect to the provision of such services should be limited to the activities of the clients receiving such services, and the subsidiaries thereof whose activities are linked to the contract in question. Clients that are hHouseholds and natural persons not acting in a professional or business capacity, as well as small and medium sized undertakings,micro-undertakings as defined in Directive 2013/34/EU should not be considered to be part of the value chain. The activities of the companies or other legal entities that are included in the value chain of that client should not be covered of financial institutions.
2022/10/27
Committee: ECON
Amendment 146 #

2022/0051(COD)

Proposal for a directive
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the value chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.deleted
2022/10/27
Committee: ECON
Amendment 154 #

2022/0051(COD)

Proposal for a directive
Recital 21
(21) Under this Directive, all EU companies with more than 500 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, cthe exception of micro- enterprises as defined by Article 3(1) of Directive 2013/34/EU should be required to comply with due diligence. Companies operating in such high-impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. __________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
2022/10/27
Committee: ECON
Amendment 158 #

2022/0051(COD)

Proposal for a directive
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and environmental issues, the selection of high-impact sectors for the purposes of this Directive should be based on existing sectoral OECD due diligence guidance as well as EBRD high risk sectors list. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; the extraction of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non- metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value cha, financial services provided by regulated fin and the services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader coverage of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even if they do not have a legal form with limited liabilitycial undertakings, according to Article 3(a)(iv), such as the provision of loan, credit, financing, investment, pensions, securitisation, insurance and reinsurance, market funding, risk management, payment services and other financial services.
2022/10/27
Committee: ECON
Amendment 163 #

2022/0051(COD)

Proposal for a directive
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse environmental and climate impacts with respect to companies’ operations, produced goods and services throughout their life cycle, those of their subsidiaries and value chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 1508 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 40 million but less than EUR 150 million in the financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive.
2022/10/27
Committee: ECON
Amendment 175 #

2022/0051(COD)

Proposal for a directive
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and environmental impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in value chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstances.
2022/10/27
Committee: ECON
Amendment 182 #

2022/0051(COD)

Proposal for a directive
Recital 31
(31) In order to avoid undue burden on the smaller companies operating in high- impact sectors which are covered by this Directive, those companies should only be obliged to identify those actual or potential severe adverse impacts that are relevSMEs covered by this Directive, those companies should be supported with adequate and targeted measures antd to the respective sectorols.
2022/10/27
Committee: ECON
Amendment 224 #

2022/0051(COD)

Proposal for a directive
Recital 44 a (new)
(44 a) Companies should provide stakeholders adequate, comprehensive meaningful information about actual and potential adverse human rights, environmental and climate impacts and the actions taken to respect their due diligence. Stakeholders should also be able to request additional information from a company regarding the actions taken to comply with the obligations set in this Directive. The confidentiality of commercial and industrial information shall not serve as a bar for access to information that relates to the implementation, by a company, of the provisions of national law transposing this Directive.
2022/10/27
Committee: ECON
Amendment 228 #

2022/0051(COD)

Proposal for a directive
Recital 46 a (new)
(46 a) Stakeholders, including workers as well as human rights and environmental rights defenders should be engaged effectively, meaningfully and in a structural manner by companies throughout the entire due diligence process. Companies should pay special attention to overlapping vulnerabilities and intersecting factors in stakeholder engagement, including by adopting a gender and culturally responsive approach at all times. Companies should provide meaningful information to stakeholders about actual and potential adverse human rights, environmental and climate impacts of particular operations, projects and investments, in a timely and accessible manner taking into account specificities of different stakeholders. Companies must respect the rights of Indigenous Peoples, as laid out in the United Nations Declaration on the Rights of Indigenous Peoples, including free, prior and informed consent and indigenous peoples’ right to self- determination
2022/10/27
Committee: ECON
Amendment 281 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the value chain operations carried out by entities with whom the company has an established business relationship and
2022/10/27
Committee: ECON
Amendment 300 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to companies which are formed in accordance with the legislation of a Member State and which fulfil , with the exceptione of the following conditions:micro-enterprises as defined in Article 3(1) of Directive 2013/34/EU.
2022/10/27
Committee: ECON
Amendment 301 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point a
(a) the company had more than 500 employees on average and had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepardeleted;
2022/10/27
Committee: ECON
Amendment 311 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 40 million in the last financial year for which annual financial statements have been preparedargeted obligations shall apply to companies, provided that at least 50% of thiseir net turnover was generated in one or more of the following sectors:
2022/10/27
Committee: ECON
Amendment 314 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point iii a (new)
(iii a) the services provided by regulated financial undertakings defined in Art. 3(a)(iv) such as loans, credit, financing, investment, pensions, securitisation, insurance and reinsurance, market funding, risk management, payment services and other financial services.
2022/10/27
Committee: ECON
Amendment 315 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point iii b (new)
(iii b) activities ranked with a risk level “high” in either the environmental or social category of the EBRD list of Environmental and Social Risk Categorisation or are excluded from being financed with EBRD funds.
2022/10/27
Committee: ECON
Amendment 319 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to companies whichreferred to under paragraph 1 if they are formed in accordance with the legislation of a third country, and fulfil one of the following conditions:have generated a net turnover of more than EUR 8 million in the Union in the financial year preceding the last financial year.
2022/10/27
Committee: ECON
Amendment 321 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – point a
(a) generated a net turnover of more than EUR 150 million in the Union in the financial year preceding the last financial year;deleted
2022/10/27
Committee: ECON
Amendment 325 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – point b
(b) generated a net turnover of more than EUR 40 million but not more than EUR 150 million in the Union in the financial year preceding the last financial year, provided that at least 50% of its net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).deleted
2022/10/27
Committee: ECON
Amendment 350 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 19 a (new)
- Market operators as defined in Article 4(1), point (18) of Directive 2014/65/EU (MiFID II – Markets in Financial Instruments)
2022/10/27
Committee: ECON
Amendment 359 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental and climate impact’ means an adverse impact on the environment or resulting from theany violation of one of the prohibiinternationsal and obligations pursuantEuropean environmental standards enshrined, including but not limited to, the international environmental conventions and Union legislation listed in the Annex, Part II;
2022/10/27
Committee: ECON
Amendment 365 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c
(c) ‘adverse human rights impact’ means any adverse impact on the enjoyment of human rights as enshrined in the international conventions, in particular the impact on protected persons resulting from thea violation of one of the rights or prohibitions listed in the Annex, Part I Section 1, as enshrined in the international conventionnd the violation of the rights listed in the Annex, Part I Section 2;
2022/10/27
Committee: ECON
Amendment 376 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the value chain;deleted
2022/10/27
Committee: ECON
Amendment 400 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) ‘value chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, financing, investment, pensions, securitisation, insurance and reinsurance, market funding, risk management, payment services and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurancehouseholds and natural persons not acting in a professional and business capacity, as well as micro-undertakings as defined in Article 3(1) of Directive 2013/34/EU receiving loan, credit, financing, insurance or reinsurance, pensions, securitisation, market funding, risk management, payment service and other financial services of such entities;
2022/10/27
Committee: ECON
Amendment 418 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means: (i) the company’s employees, the employeeworkers, the workers of its subsidiaries, and other individuals, groups, communities or entities or civil society organisations whose rights or interests are or could be affected by the products, services and operations of that company, its subsidiaries and its business relationships;r by the potential or actual adverse impacts on human rights, climate and environment of that company, its subsidiaries and its business relationships across the entire value chain; (ii) organisations who have a statutory purpose the defence of human rights, climate, the environment and good governance; and (iii) other legal or natural persons engaged in the defence of human rights, climate, the environment, land or good governance.
2022/10/27
Committee: ECON
Amendment 438 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point q
(q) ‘appropriate measures’ means a set of measures that is capable of achieving the objectives of due diligence and effectively addressing the adverse impact, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action.
2022/10/27
Committee: ECON
Amendment 444 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that companies conduct human rights and, environmental and climate due diligence as laid down in Articles 5 to 11 (‘due diligence’) by carrying out the following actions:
2022/10/27
Committee: ECON
Amendment 464 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 1 – point a
(a) a description of the company’s approach, including in the short, medium and long term, to due diligence;
2022/10/27
Committee: ECON
Amendment 471 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 1 – point c
(c) a description of the processes and concrete measures put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships.
2022/10/27
Committee: ECON
Amendment 493 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts ands well as actual and potential adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
2022/10/27
Committee: ECON
Amendment 511 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 2
2. By way of derogation from paragraph 1, companies referred to in Article 2(1), point (b), and Article 2(2), point (b), shall only be required to identify actual and potential severe adverse impacts relevant to the respective sector mentioned in Article 2(1), point (b).deleted
2022/10/27
Committee: ECON
Amendment 517 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 3
3. When companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, identification of actual and potential adverse human rights impacts and adverse environmental impacts shall be carried out only before providing that service..deleted
2022/10/27
Committee: ECON
Amendment 528 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, including disaggregated data, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
2022/10/27
Committee: ECON
Amendment 536 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and potential adverse environmental and climate impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
2022/10/27
Committee: ECON
Amendment 539 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – introductory part
2. Companies shall be required to take appropriate measures, including but not limited to the following actions, where relevant:
2022/10/27
Committee: ECON
Amendment 542 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders;
2022/10/27
Committee: ECON
Amendment 553 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b
(b) seek and obtain contractual assurances from a business partner with whom it has a directnd other assurances regarding its business relationship that it will ensures of compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall appl. With regards to contractual assurances the terms shall be reasonable and non-discriminatory;
2022/10/27
Committee: ECON
Amendment 563 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point c a (new)
(c a) adapt business models and strategies, including trading, procurement and pricing practices, in order to prevent potential adverse impacts;
2022/10/27
Committee: ECON
Amendment 583 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, because mitigation is not possible or acceptable, or there is no reasonable prospect of change, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take the following actions. In such cases, the company shall, in consultation with stakeholders, identify and remedy the risks and impacts of their actions, and shall:
2022/10/27
Committee: ECON
Amendment 588 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – point b
(b) terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe as well as if the conditions for temporary suspension under point (a) are not met.
2022/10/27
Committee: ECON
Amendment 595 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 6
6. By way of derogation from paragraph 5, point (b), when companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, they shall not be required to terminate the credit, loan or other financial service contract when this can be reasonably expected to cause substantial prejudice to the entity to whom that service is being provided.deleted
2022/10/27
Committee: ECON
Amendment 610 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 2
2. Where the adverse impact cannot be immediately brought to an end, Member States shall ensure that companies minimise the extent of such an impact while continuing to pursue all efforts to bring the adverse impact to an end.
2022/10/27
Committee: ECON
Amendment 612 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – introductory part
3. Companies shall be required to take the following actions, where relevantincluding but not limited to:
2022/10/27
Committee: ECON
Amendment 614 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact;
2022/10/27
Committee: ECON
Amendment 626 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point c
(c) seek and obtain contractual and other assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply. With regards to contractual assurances the terms shall be reasonable and non- discriminatory. In case the business relationship is active in one of the sectors referred to in Article 3(2), the assurances shall also include details on ensuring compliance with regards to the risks that are specific to that sector.
2022/10/27
Committee: ECON
Amendment 637 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point d a (new)
(d a) adapt business models and strategies, including trading, procurement and pricing practices, in order to bring to an end or minimize actual adverse impacts;
2022/10/27
Committee: ECON
Amendment 641 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point e
(e) provide targeted and proportionate support for an SME with which the company has an established business relationshiphe necessary support such as loans or financing for business partners, in particular for SMEs, where compliance with the code of conduct or the corrective action plan would jeopardise the viability of the SMEbusiness partner;
2022/10/27
Committee: ECON
Amendment 652 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 4 a (new)
These measures and actions should apply, where applicable, to a company’s own operations, subsidiaries as well as direct and indirect business relationships.
2022/10/27
Committee: ECON
Amendment 657 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
When contractual assurances are obtained from, or a contract is entered into, with an SME, the terms used shall be fair, reasonable and non-discriminatory. Where measures to verify compliance are carried out in relation to SMEs, the company shall bear the cost of the independent third- party verificationassociated costs.
2022/10/27
Committee: ECON
Amendment 675 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 7
7. By way of derogation from paragraph 6, point (b), when companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, they shall not be required to terminate the credit, loan or other financial service contract, when this can be reasonably expected to cause substantial prejudice to the entity to whom that service is being provided.deleted
2022/10/27
Committee: ECON
Amendment 681 #

2022/0051(COD)

Proposal for a directive
Article 8 a (new)
Article 8 a Union-wide resilience assessments 1. The Commission shall initiate and coordinate on a bi-annual basis Union- wide assessments of the resilience of undertakings to adverse scenarios related to their value chains. To that end, it shall develop: (a) common methodologies for identifying scenarios, including potential disruptions, and for assessing their impact on value chains and thereby on a undertaking’s financial position, also taking into account risks stemming from adverse developments linked to environmental, social and political factors; (b) common methodologies for assessing the sustainability of undertakings value chains; (c) common methodologies for assessing the sustainability impacts of disruptions of undertakings’ value chains; (d) common methodologies for identifying categories of undertakings to be subject to Union-wide assessments; (e) common approaches to communication on the outcomes of those assessments of the resilience of undertakings; (f) common methodologies for identifying preventative and remedial responses to address risks and vulnerabilities identified under points (b) to (d), including value diversification, reshoring and stockpiling. 2. The Commission shall, once a year, and more frequently where necessary, provide a summary of the assessments under paragraph to the European Parliament and the Council, including the main identified risks and vulnerabilities. The Commission shall include classification of the main risks and vulnerabilities in these assessments and recommend preventative or remedial actions. 3. For the purpose of running the Union- wide assessments on the resilience of undertakings the Commission shall rely on information under Articles 19a and 29a under Directive 2013/34/EU and Article 11 of this Directive as well as request competent authorities to carry out on-site inspections, and may participate in such on-site inspections in order to ensure comparability and reliability of methods, practices and results. 4. The Commission shall be empowered to adopt a delegated act in accordance with Article 28 to specify information required from companies for the purpose of paragraph 1, points (a) to (f), by October 2024.
2022/10/27
Committee: ECON
Amendment 685 #

2022/0051(COD)

Proposal for a directive
Article 8 b (new)
Article 8 b Responsible Disengagement 1. Member States shall ensure that companies disengage responsibly, and only as a last resort, when responding to situations where potential and adverse impacts within the meaning of Article 7(1) and Article 8(1) cannot be prevented, brought to an end, or otherwise effectively mitigated or meaningfully minimised according to the views of affected stakeholders, in particular workers, or other stakeholders with a legitimate interest. To this end, companies shall meaningfully engage with stakeholders in accordance with Article 9a, before taking a decision. 2. Companies shall disclose as part of their reporting obligation as referred to in Article 11 the number of instances where they have decided to disengage, the reason for this disengagement and the location of the concerned business relationships without disclosing their identity.
2022/10/27
Committee: ECON
Amendment 725 #

2022/0051(COD)

Proposal for a directive
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
2022/10/27
Committee: ECON
Amendment 734 #

2022/0051(COD)

Proposal for a directive
Article 11 – paragraph 1
Member States shall ensure that companies that are not subject to reporting requirements under Articles 19a and 29a of Directive 2013/34/EU report on the matters covered by this Directive by publishing on their website an annual statement in a language customary in the sphere of international business. This reporting should be accessible, comparable and sufficiently detailed to demonstrate the adequacy of a company’s due diligence process as per this Directive. The statement shall be published by 30 April each year, covering the previous calendar year.
2022/10/27
Committee: ECON
Amendment 736 #

2022/0051(COD)

Proposal for a directive
Article 11 – paragraph 1 a (new)
Member States shall ensure that companies provide, adequate, comprehensive and meaningful information to stakeholders about actual and potential adverse human rights, environmental and climate impacts and about the actions taken in accordance with this Directive with regards to particular operations, projects and investments. This information shall be provided in written and in a timely, accessible and gender and culturally responsive manner, taking into account specifics of the stakeholder group. In cases of significant changes in operations, activities or operating context, Member States shall ensure that companies proactively communicate to stakeholders and provide complementary and intermediary information. Member States shall ensure that the confidentiality of commercial and industrial information, as established under national legislation, shall not serve as a barrier for access to information that relates to the application of this Directive. Grounds for refusal of disclosure shall be interpreted in a restrictive way, taking into account the public interest served by disclosure and the objectives of this Directive.
2022/10/27
Committee: ECON
Amendment 747 #

2022/0051(COD)

Proposal for a directive
Article 11 a (new)
Article 11 a European Single Access Point 1. Member States shall ensure that annual statements prepared by undertakings pursuant to Article 11 are submitted to the collection body referred to in Regulation [insert ESAP Regulation] in order to make that information accessible on the European Single Access Point (ESAP) . That information shall comply with all of the following requirements: (a) the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) [insert ESAP Regulation] or, where required under Union law, in a machine- readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**; (b) the information shall be accompanied by all the following metadata: (i) all the names of the undertaking to which the information relates; (ii) the legal entity identifier of the undertaking, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; (iii) the size of the undertaking by category, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];(iv) the type of information, as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];(v) the specific period for which the information is to be made publicly available on ESAP, where relevant.
2022/10/27
Committee: ECON
Amendment 760 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 1
1. Member States shall, in order to provide information and support to companies and the partners with whom they have established business relationships in their value chains in their efforts to fulfil the obligations resulting from this Directive, set up and operate individually or jointly dedicated websites, platforms or portals. Specific consideration shall be given, in that respect, to the SMEs that are present in the value chains of companies.
2022/10/27
Committee: ECON
Amendment 778 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States shall ensure that companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adop shall in consultation with stakeholders, adopt, develop and implement a plan to ensure that the business model and strategy of the company are compatiblealigned with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. This plan shall, in particular, identify, on the basis of information reasonably available to the company, the extent to which climate change is a risk for, or an impact of, the company’s operations and with the objective of achieving climate neutrality by 2050 at the latest, as established in Regulation EU 2021/1119 (European Climate Law), pursuant to the latest recommendations of the IPCC and the European Scientific Advisory Board on climate change.
2022/10/27
Committee: ECON
Amendment 786 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 1 a (new)
1a. This plan shall take into account the entire value chain and include: (a) a description of the time-bound, short- , medium-, and long-term targets related to their climate objectives for at least 2030 and 2050, including interim targets, including absolute greenhouse gas emission reduction targets for scope 1, 2 and 3 and avoiding any misleading neutrality or other misleading claims. These targets should be science-based and regularly updated in line with the best available science and take into account the entire value chain, reviewed every five years up to 2050 in line with the limiting of global warming to 1.5°C and the Paris Agreement; (b) an identification and explanation of decarbonisation levers identified within the company’s operations and value chain, and related financial and investment plans; (c) implementing actions and a description of the progress made to achieve these short-, medium-, and long- term climate targets covering each of their scope 1, 2 and 3 emissions globally, with a of prioritisation of decarbonisation, GHG reduction and the closure of carbon intensive asset over their sale to third parties, including in developing countries.
2022/10/27
Committee: ECON
Amendment 790 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 2
2. Member States shall ensure that, in case climate change is or should have been identified as a principal risk for, or a principal companies referred to in Article 2 shall develop a clear, transparent, accurate, total, comparable and consistent plan, following the best practices. This plan shall in particular take into account, and seek to prevent and mitigate, adverse impacts of, the company’s operations, the company includes emission reduction objec implementing actions on potentially affected groups including workers, local communitives in its planand other stakeholders.
2022/10/27
Committee: ECON
Amendment 798 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 3
3. Member States shall ensure that companies duly take into account the fulfilment of the obligations referred to in paragraphs 1 and 2 when setting variable remuneration, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainabilitunder Article 2 shall integrate these targets and implementing actions into the business strategy and backed up by clear governance processes, including the involvement of stakeholders. Member States shall ensure that boards have an obligation to ensure that environmental and climate risks and impacts are addressed in the company’s strategy.
2022/10/27
Committee: ECON
Amendment 799 #

2022/0051(COD)

Proposal for a directive
Article 15 – paragraph 3 a (new)
3a. Member States shall ensure that companies align a significant part of director’s variable remuneration with the achievement of their climate targets and plans, in particular absolute greenhouse gas emission reduction targets for scope 1, 2 and 3. Directors shall be liable for achieving climate objectives and thus for overseeing the obligations set out in paragraphs 1 and 1a of this Article.
2022/10/27
Committee: ECON
Amendment 811 #

2022/0051(COD)

Proposal for a directive
Article 18 – paragraph 1
1. Member States shall ensure that the supervisory authorities have adequate powers and resources to carry out the tasks assigned to them under this Directive, including the power to request information and carry out investigaire undertakings to provide all necessary information and carry out investigations, which can include where appropriate on site inspections related to compliance with the obligations set out in this Directive.
2022/10/27
Committee: ECON
Amendment 831 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 2 a (new)
2a. Sanctions shall include pecuniary sanctions, the temporary or indefinite exclusion from ongoing or future procurement procedures or from the receipt of State aid, and the seizure of commodities, public support schemes including schemes relying on export credit agencies and loans, and permits under export control schemes. Any sanction adopted shall be made public.
2022/10/27
Committee: ECON
Amendment 837 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 3
3. When pecuniary sanctions are 3. imposed, they shall be based on the company’s turnover. Member States shall provide for administrative fines comparable in size to fines currently provided for in competition law and data protection law.
2022/10/27
Committee: ECON
Amendment 851 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 1 – point a
(a) they failed to comply with the obligations laid down in Articles 7 and 8 andthis Directive;
2022/10/27
Committee: ECON
Amendment 855 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8this Directive occurred and led to damage.
2022/10/27
Committee: ECON
Amendment 859 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 1 a (new)
1a. Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts or in the receipt of state aid companies comply with the obligations laid down in national provisions adopted pursuant to Article 4 to Article 11 of this Directive.
2022/10/27
Committee: ECON
Amendment 866 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall notshall be liable for damages caused bythat result from an adverse impact arising as a result of the activities of an indirect partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including they can prove they took appropriate meas uregards verifying compliance, would be adequate tos capable of preventing, mitigate, bring or bringing to an end or minimiseing the extent of the adverse impact.
2022/10/27
Committee: ECON
Amendment 905 #

2022/0051(COD)

Proposal for a directive
Article 24 – paragraph 1 a (new)
Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts or in the receipt of state aid companies comply with the obligations laid down in national provisions adopted pursuant to Article 4 to Article 11 of this Directive.
2022/10/27
Committee: ECON
Amendment 926 #

2022/0051(COD)

Proposal for a directive
Article 28 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 8a and 11 shall be conferred on the Commission for an indeterminate period of time.
2022/10/27
Committee: ECON
Amendment 932 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point d
(d) whether Articles 4 to 14 should be extended to adverse climatditional adverse impacts.
2022/10/27
Committee: ECON
Amendment 937 #

2022/0051(COD)

Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – introductory part
They shall apply those provisions as follows:from… [OJ to insert: 2 years from the entry into force of this Directive].
2022/10/27
Committee: ECON
Amendment 940 #

2022/0051(COD)

Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point a
(a) from… [OJ to insert: 2 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (a), and Article 2(2), point (a);deleted
2022/10/27
Committee: ECON
Amendment 942 #

2022/0051(COD)

Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point b
(b) from … [OJ to insert: 4 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (b), and Article 2(2), point (b).deleted
2022/10/27
Committee: ECON
Amendment 4 #

2021/2239(INI)

Motion for a resolution
Recital A
A. whereas the Commission communication on an action plan for the development of organic production (organic action plan, OAP) emphasises that the Green Deal is, and the Farm to Fork strategy and biodiversity strategy under its umbrella, are the key to managing the transition towards a more sustainable food system;
2022/01/26
Committee: AGRI
Amendment 9 #

2021/2239(INI)

Motion for a resolution
Recital B
B. whereas Europe’s food system should deliver, which is one of the main drivers of climate change and environmental degradation, should deliver healthy and sustainably produced food and ensure food security in a way that contributes to social well-being, maintainsprotects human and ecosystem health and ensures a fair living for farmers;
2022/01/26
Committee: AGRI
Amendment 13 #

2021/2239(INI)

Motion for a resolution
Recital C
C. whereas organic agriculture offers many environmental benefits and has the potential to help the agricultural sector play its part in the fight against climate change and in addressing key challenges such as soil fertility and biodiversity loss; whereas organic farming notably prevents the emission of large volumes of greenhouse gas thanks to its banning of synthetic nitrogen fertilizer, which is agriculture’s largest contribution to climate change 1a, as well as the obligation for organic farmers to introduce legumes in long crop rotations; _________________ 1a 1 Tian, H. et al (2020): A comprehensive quantification of global nitrous oxide sources and sinks. Nature 586 Sutton, M., Howard, C. et al. (Eds.) (2011): The European Nitrogen Assessment: Sources, Effects and Policy Perspectives. Cambridge University Press.
2022/01/26
Committee: AGRI
Amendment 20 #

2021/2239(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas organic farming is an opportunity for farmers and young people wishing to enter the farming profession, as it is the form of farming that offers both the best economic and environmental performance, while having positive effects on employment and reducing the health and environmental costs of farming;
2022/01/26
Committee: AGRI
Amendment 24 #

2021/2239(INI)

Motion for a resolution
Recital D
D. whereas it is essential to ensure that consumers, who place an increasing importance on the quality of what they eat, are in a position to make informed choices when purchasing food;
2022/01/26
Committee: AGRI
Amendment 29 #

2021/2239(INI)

Motion for a resolution
Recital E
E. whereas in 2019, the EU’s total agricultural area under organic farming grew to 13.8 million hectares; whereas it currently accounts for 8.5 % of the EU’s total utilised agricultural area; whereas between 2010 and 2019 the value of the EU’s organic market has more than doubled; whereas the increase of organic production outpaces the development of the organic market in parts of the EU, while production of organic products is very low or inexistent in other parts;
2022/01/26
Committee: AGRI
Amendment 32 #

2021/2239(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas unhealthy diets cause 20% of food waste in the EU and 950,000 deaths per year, mostly due to cardiovascular diseases and cancers;
2022/01/26
Committee: AGRI
Amendment 36 #

2021/2239(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007, which will apply from 1st January 2022, is aiming notably for an increased consumers’ trust in organic products through more stringent controls and rules for imports;
2022/01/26
Committee: AGRI
Amendment 51 #

2021/2239(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the communication from the Commission on an action plan for the development of organic production, and the Commission’s recognition of organic farming as one of the important components on the EU’s path towards more sustainable food systems and the ambition of increasing the EU’s agricultural area under organic farming by 2030; while organic farming is the most developed form of environmentally- friendly agriculture, recognises, at the same time, the potential for other sustainable farming methods to contribute to the Green Deal’s objectives;
2022/01/26
Committee: AGRI
Amendment 71 #

2021/2239(INI)

Motion for a resolution
Paragraph 2
2. Underlines that the development and growth of the organic sector and organic surfaces, as foreseen in the Farm to Fork strategy, must be accompanied by market-driven and holistic supply chain developments, including processing, as well as measures to stimulate further demand for organic food and ensure consumer trust, in order to safeguard the future profitability of the organic market and organic farming in the EU;
2022/01/26
Committee: AGRI
Amendment 80 #

2021/2239(INI)

Motion for a resolution
Paragraph 3
3. Points out that for an EU action plan to succeed, it must stimulate and mobilise the Member States, as well as regional and local authorities; expresses the view, therefore, that Member States should be encouraged to develop their own national OAPs with concrete, time-bound actions and targets, with regional implementation when appropriate; highlights the need to exchange know- hows and best practices, as some member States have more experience in designing and implementing ambitious national plans; calls on the Commission to include such exchanges in the framework of the planned public follow-up meetings;
2022/01/26
Committee: AGRI
Amendment 102 #

2021/2239(INI)

Motion for a resolution
Paragraph 4
4. Stresses that Member States should engage all stakeholders, especially organic farmers and associations, local and regional authorities, consumer and private sector representatives and, the hospitality industry and food education associations, in a consultative process when adopting their national OAPs to achieve the best possible synergies;
2022/01/26
Committee: AGRI
Amendment 108 #

2021/2239(INI)

Motion for a resolution
Paragraph 5
5. Acknowledges that organic production often involves higher production costs and, therefore, needs higher market prices to recover those costs; points out that higher prices may represent a barrier to expansion but that they are necessary to ensure the continuation of organic farming and its further uptakeoffers a better valorisation of products thanks to higher market prices, which allows, with lower input costs, the recovering of higher production costs; points out that higher prices may represent a barrier to expansion but that they cover positive externalities that are not included in conventional products’ prices and that they are necessary to ensure the continuation of organic farming and its further uptake; notes that, as for conventional products, a better repartition of the value in the value chain would profit both farmers and consumers; therefore calls on the Commission to investigate solutions allowing exchanges on costs and value within the organic sector while avoiding price fixing, within the framework of Article 172b of Regulation (EU) No 1308/2013;
2022/01/26
Committee: AGRI
Amendment 122 #

2021/2239(INI)

Motion for a resolution
Paragraph 6
6. Recognises the importance of speeding up the development of organic aquaculture in the EU, as well as strengthening consumers' demand and trust in these products;
2022/01/26
Committee: AGRI
Amendment 134 #

2021/2239(INI)

Motion for a resolution
Paragraph 7
7. Supports the Commission in further promoting and sharing information about the EU organic logo among consumers, including through organic school schemes; welcomes the earmarking of an increased budget towards the promotion of the organic logo, but notes that it is still not sufficient to support the target of 25% of the EU agricultural surfaces in organic by 2030, and should thus be increased in the coming years, with a clear priority towards promotion of the EU organic logo towards EU consumers; notes that school schemes should be the basis for a pedagogic discussion around nutrition and sustainable food and be accompanied by measures aimed at informing and educating children about better diets, rather than be a simple food distribution; calls on the Member States, to organise regular information and promotion campaigns for consumers, notably in canteens, on what organic farming is and its advantages, in particular regarding health and the environment, and on its benefits for farmers; emphasises that it is of paramount importance that consumer surveys on organics are followed by actions to further raise awareness of organic farming;
2022/01/26
Committee: AGRI
Amendment 143 #

2021/2239(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Welcomes the Commission's future initiatives aimed at better guiding consumers in their choice of food and helping them to change their consumption habits through the introduction of nutritional and environmental labelling, based on sound, independent and operational scientific foundations and complete and coherent methodologies, if they complement the European organic logo in a useful way;
2022/01/26
Committee: AGRI
Amendment 147 #

2021/2239(INI)

Motion for a resolution
Paragraph 8
8. Believes that increasing green public procurement (GPP) in the Member States can serve as a strong stimulus for action towards the organic target and support a healthier, more environmentally-friendly diet in schools, hospitals, retirement homes and jails; believes that the EU institutions should lead by example; calls on the Commission to research current structural and logistical barriers and to promote the use of GPP criteria in the Member States; to the use of local organic products in public procurement and to integrate these findings in future revision of the EU’s public procurement legislation; highlights that, in order to avoid organic public procurement benefits primarily imports, and in order to reach the EU climate targets, organic production and processing must be developed in an appropriate way at the regional and local levels, involving local organic farmers, and in coherence with the targeted objectives for public procurement; supports the establishment of regional sustainable food systems based on cooperation involving all food stakeholders in the territories; welcomes the Commission’s specific announcements regarding the promotion of organic products in canteens; regrets the lack of verified data about the uptake of organic products in public canteens and restaurants and calls on the Commission to create an observatory of organic public procurement, as well as a network of public actors involved in the introduction of organic products in their public canteens; highlights the need for dedicated support and advice on the ground for local or regional authorities wishing to increase the rate of organic products in canteens;
2022/01/26
Committee: AGRI
Amendment 155 #

2021/2239(INI)

Motion for a resolution
Paragraph 9
9. Points out that local and regional authorities play an important role in supporting territorialised food strategy, as well as the structuring of the organic sector in terms of production, collective processing, logistics and trade, facilitating the creation of organised cooperation between producers and consumers, raising awareness at local level and developing educational programmes for preschools and schools; highlights that these initiatives require strong support, advice and training, that should be backed up by funds from the CAP and the various structural funds;
2022/01/26
Committee: AGRI
Amendment 174 #

2021/2239(INI)

Motion for a resolution
Paragraph 11
11. Underlines that it is essential for the Commission, the Member States and stakeholders to engage actively in identifying ways in which the existing certification and control mechanisms can be made more robust to prevent fraud in organic production and trade, both in the EU and in non-EU countries, as well as to prevent additional administrative burdens and costs for farmers, including by using IT solutions; welcomes the switch to a compliance-based system for imported organic products;
2022/01/26
Committee: AGRI
Amendment 176 #

2021/2239(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Notes that the EU organic logo is often in competition with national logos offering similar promises but whose production standards and controls are less serious; highlights that it is imperative to avoid the, sometimes deliberate, confusion between these initiatives and organic farming that could lead to a decrease in confidence in organic products; notes that the EU organic regulation and frequent independent third party controls organic stakeholders are subjected to constitute the base for consumers’ trust in organic products; calls on Member States to deliver a clear communication on the EU organic logo and to support environmentally-friendly farming and food initiatives proportionally to their actual impact;
2022/01/26
Committee: AGRI
Amendment 180 #

2021/2239(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Regrets the absence in the organic action plan of any references to the difficulties and heavy costs created for the sector by the necessity of putting in place suitable measures during cultivation, harvest, transport, storage and processing to keep non-authorised products e.g. GMOs out of the organic production chain;
2022/01/26
Committee: AGRI
Amendment 181 #

2021/2239(INI)

Motion for a resolution
Paragraph 11 c (new)
11c. Highlights the additional difficulties that would be created for the organic sector if the traceability and labelling requirement were to be weakened for organisms issued from gene editing techniques compared to transgenic organisms;
2022/01/26
Committee: AGRI
Amendment 182 #

2021/2239(INI)

Motion for a resolution
Paragraph 11 d (new)
11d. Calls on the Commission to seriously explore the difficult coexistence of organic production with conventional farmers using non-authorised products, e.g. pesticides or GMOs, and to integrate its findings in the building of its future draft proposal regarding new genetic engineering techniques; calls for contamination by pesticides and GMOs to be considered as covered by the polluter pays principle;
2022/01/26
Committee: AGRI
Amendment 190 #

2021/2239(INI)

Motion for a resolution
Paragraph 12
12. Considers that concrete action to promote exports of EU organic products is needed; rRequests that the Commission report regularly on forthcoming negotiations with the EU’s trading partners to inform Parliament about the potential forof the organic market; calls on the Commission to give priority to the fulfilment and expansion of the EU organic market;
2022/01/26
Committee: AGRI
Amendment 196 #

2021/2239(INI)

Motion for a resolution
Paragraph 13
13. Considers that an adequate common agricultural policy (CAP) budget should be provided to create incentives for farmers to convert to and maintain organic farming practices at national level, through rural development measures or newly introduced eco-schemes, or a combination of the two; calls on the Member States to support generational renewal in organic farmingwelcomes the Commission’s recommendation to the Member States to define national target percentages for increasing the organic surfaces and to design their CAP national strategic plans in order to respond to said targets; recalls the importance for keeping farmers in organic of support beyond the conversion phase; calls on the Commission to only approve CAP national strategic plans that are compatible with said national targets and with the Union 25% target, including by ensuring that environmentally-friendly farming and food initiatives are supported proportionally to their actual impact; calls on the Member states to make the best use of the tools at their disposal in order to support organic farming, including national aids under the de minimis rule; calls on the Member States to support generational renewal in organic farming, including by supporting the development of viable, self-sustaining small and medium-sized farms that are more easily transferable;
2022/01/26
Committee: AGRI
Amendment 208 #

2021/2239(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Considers that organic farming is the cornerstone of the transition to a sustainable food system and that it should therefore be one of the priorities of the CAP, receiving a level of support more adequate to its real impact, as it meets society's expectations and offers future prospects for the agricultural world;
2022/01/26
Committee: AGRI
Amendment 213 #

2021/2239(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Notes that there cannot be any development of organic farming without a strong support on the ground, notably through specialised organisations, cooperation and collective actions, exchange of knowledge and good practice, as well as farm advisory services; calls on the member states to support these initiatives, notably through their CAP national strategic plans; calls on member states to better communicate on the organic sector’s economic results;
2022/01/26
Committee: AGRI
Amendment 220 #

2021/2239(INI)

Motion for a resolution
Paragraph 14
14. Notes the potential of short, local and seasonal food supply chains and direct marketing opportunities for organic producers and rural economies to deliver economic and environmental benefits by securing incomes and creating employment, while contributing to animal welfare, as well as environmental, biodiversity and climate protection; highlights that short, local and seasonal food supply chains constitute an important lever for sustainable development within the territories and for the re-location of food systems, while at the same time strengthening the resilience of our agricultural model and our food sovereignty;
2022/01/26
Committee: AGRI
Amendment 233 #

2021/2239(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the Commission’s support for the development of bio-districts within Member States, as they are multifunctional in nature and create synergies between farmers, consumers, the hospitality industry and cultural enterprises; notes that their success is dependent from a strong regional and territorial integration and the involvement of local authorities, and that they should be managed at local level;
2022/01/26
Committee: AGRI
Amendment 246 #

2021/2239(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Notes that one of the main obstacle to the increase of organic surfaces is the difficulty for new farmers wishing to start producing in organic to access land; calls on the member states to give priority access to land to new organic farmers; moreover, calls on Member States to ensure that surfaces already converted to organic production are passed to organic farmers when the farmer retires, and to create or develop systems to accompany the transmission of organic farms;
2022/01/26
Committee: AGRI
Amendment 249 #

2021/2239(INI)

Motion for a resolution
Paragraph 17
17. Considers that the use of digital technologies, including precision farming and blockchain, can play a role in the development of organic farming; emphasizes that agricultural digitalization is not an end in itself and that public support to it should aim at tackling global challenges such as climate change and biodiversity loss, in particular in the case of organic farming; is concerned that organic farmers may need to buy data that concerns their own farms from the few big data platforms in the agricultural sector if they want access to it, which poses risks to the privacy, profitability and independence of farmers;
2022/01/26
Committee: AGRI
Amendment 263 #

2021/2239(INI)

Motion for a resolution
Paragraph 18
18. Stresses the need for research and innovation to overcome restrictions in organic agriculture, such as the availability of organic protein feed, vitamins, alternative plant protection products, notably biocontrol solutions, fertilisers and genetic resources, the need to replace some problematic inputs both in farming and processing, and to encourage meeting societal expectations on animal welfare and efficient resource use; welcomes the Commission’s intention to earmark Horizon Europe funding in this respect; calls on the Commission to stimulate and foster cooperation between research communities working on organic and conventional food and farming, and participative research, notably through EIP AGRI;
2022/01/26
Committee: AGRI
Amendment 271 #

2021/2239(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Welcomes in particular that the organic action plan aims at finding concrete and operational ways to further improve animal welfare in organic production; calls on the Commission to come up with dedicated sub-actions and objectives on this issue; in particular, highlights the need for improvements regarding: the lay-out of buildings and exterior spaces receiving animals, feed composition and balance, optimal densities and group sizes, alternative to mutilations, and fulfilment of animals’ behavioural needs; calls on the Commission to increase its support for research, notably participative research, capacity building and exchanges of best practices in these domains;
2022/01/26
Committee: AGRI
Amendment 280 #

2021/2239(INI)

Motion for a resolution
Paragraph 18 b (new)
18b. Highlights the urgent need for the development of the production of organic plant proteins and to stimulate the production of organic legumes, including in forage systems, in the European Union, in order to decrease the dependency of the organic sector to imports; urges the Commission to draw up a dedicated strategic plan in this regard;
2022/01/26
Committee: AGRI
Amendment 286 #

2021/2239(INI)

Motion for a resolution
Paragraph 19
19. Highlights the importance of sufficiently available, high-quality organic seeds, heterogeneous material and high- yielding plant varieties; points out their potential in strengthening resilience against plant diseases and the impact of climate change; encourages the Commission and the Member States to step up efforts to improve the functioning of the organic seed market and believes that transitional periods would be helpful in achieving this; calls on the Commission to increase the budgets allocated to the research for organic seed and animal breeding; highlights the importance of supporting programmes for the preservation and selection of local breeds, which, given their robustness, are particularly suited to organic farming;
2022/01/26
Committee: AGRI
Amendment 291 #

2021/2239(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. In order to facilitate the application of the Water Framework Directive and its objective of ensuring sufficient supply of drinking water and to preserve human health and the environment, considers that agricultural areas located in catchment areas of the river basin management plans of the Member States should be eligible, for support from the ecoregime of the new CAP, in order to develop organic farming and to protect these sensitive areas, from pollution by pesticides and their metabolites and synthetic fertilisers and in particular nitrogen fertilisers;
2022/01/26
Committee: AGRI
Amendment 297 #

2021/2239(INI)

Motion for a resolution
Paragraph 19 b (new)
19b. Highlights that the social dimension should not be forgotten when it comes to organic farming and food production; emphasises the importance of protecting the individual and collective labour and social rights of farm labourers and workers, including seasonal and mobile workers employed along the EU organic food supply chain; calls on the Commission to also address the issue of gender inequality in policies aiming at developing organic food and farming in the European Union;
2022/01/26
Committee: AGRI
Amendment 298 #

2021/2239(INI)

Motion for a resolution
Paragraph 19 c (new)
19c. Emphasises that a key driver to stimulate demand for organic products is to ensure they are as attractive to consumers as conventional products notably in terms of taste, nutrition and convenience; highlights that organic ingredients with natural nutritional properties are nature-based solutions, essential to organic food production and should be promoted as alternatives to additive substances; calls therefore for legal certainty over the use of such organic ingredients, in line with the objective of the Farm to Fork Strategy to “make sure that everyone has access to sufficient, nutritious, sustainable food (…) while meeting dietary needs and food preferences”;
2022/01/26
Committee: AGRI
Amendment 299 #

2021/2239(INI)

Motion for a resolution
Paragraph 20
20. Supports the Commission’s intention to extend the EU Market Observatories’ analysis to organic products, also in order to allow the mobilisation of the regulatory tools available in the event of market imbalances and crises; stresses the importance of intensifying collection and improving availability of accurate and timely data on the organic sector, particularly on production, consumptionprocessing, consumption, hospitality, trade within the EU and with non-EU countries and delivery on sustainability, including farm gate and retail prices, consumer preferences, supply chain structures, added value and farmers’ share in supply chains, in order to shape and monitor EU policy on organic production, evaluate consumption and production trends and increase transparency and confidence in the organic sector through determining environmental, economic and social effects;
2022/01/26
Committee: AGRI
Amendment 1 #

2021/2208(INI)

Draft opinion
Paragraph 1
1. Stresses that a policy on ensuring food security in developing countriesConsiders that it is important to help developing countries to put in place public policies on agriculture and food that can meet the needs of their rapidly growing populations; notes that this food security must mirror the founding principles of the common agricultural policy, in that its primary goal must be to provide affordable, sustainable and safe food for its citizens while affording a fair income and standard of living for itnumerous farmers;
2021/12/08
Committee: AGRI
Amendment 12 #

2021/2208(INI)

Draft opinion
Paragraph 1 a (new)
1a. Notes that, even today, almost 820 million people living primarily in developing countries do not have enough to eat and 2 billion people suffer from malnutrition; points out that most of these people are farmers who struggle to access the resources they need to produce (land, water, seeds, etc.) because of their poverty; stresses that this drastic situation is forcing them to leave the countryside, expanding the urban slums and fuelling migratory flows;
2021/12/08
Committee: AGRI
Amendment 16 #

2021/2208(INI)

Draft opinion
Paragraph 2
2. Emphasises that agriculture and food security are a priority and form the foundation blocks for broader economic and social development, and i; Insists that agricultural development must support self-sufficient agricultural production systems andfarmers by giving them responsibility in the creation of sustainable agricultural production systems, based on agro- ecology, allowing for self-sufficiency and resilience in order to tap into the food sovereignty inof the developing countries;
2021/12/08
Committee: AGRI
Amendment 23 #

2021/2208(INI)

Draft opinion
Paragraph 2 a (new)
2a. Points out that each nation in the world has the right to feed itself with its own resources, and that it would be unrealistic to believe that the European Union could and should meet the needs of the developing countries with rapidly growing populations; notes that this is not its role and that it does not have the capacity for it; stresses that the Union can of course show solidarity by providing food aid here and there on a temporary basis in the case of climate disasters or armed conflicts, but that it should focus on contributing to the global food balance by mobilising the international community to develop governance and democratic organisation to ensure food security based on tackling waste, putting an end to the plundering by certain powers of the resources of developing countries (including land grabbing) and, above all, ensuring adequate management of food security stocks; points out that this would also contribute to the fight against the risk of shameless financial speculation on the international agricultural and food markets;
2021/12/08
Committee: AGRI
Amendment 27 #

2021/2208(INI)

Draft opinion
Paragraph 3
3. Points out the need for clear 3. guidelines on how to achieve policy coherence for development at EU level while also addressing potentially conflicting policy objectives; notes that the EU’s policies are often ill-adapted and inconsistent; stresses that its cooperation and development policies must not abandon support for agriculture and be restricted to simple free trade agreements; points out that the EU’s presence is actually diminishing as it has not managed or wanted to undertake ambitious and fair cooperation projects;
2021/12/08
Committee: AGRI
Amendment 33 #

2021/2208(INI)

Draft opinion
Paragraph 3 a (new)
3a. Considers that EU support via its cooperation and development policy must not mean imposing our models or our technologies, which are often ill-adapted to other countries’ agriculture models, economies and crops, but must instead be based on collaboration, notably through training and exchanges of knowledge, giving farmers ownership and independence in the definition of projects that they themselves prepare in conjunction with the other actors in their regions;
2021/12/08
Committee: AGRI
Amendment 40 #

2021/2208(INI)

Draft opinion
Paragraph 4 a (new)
4a. Notes the negative impacts of ILUC (indirect land-use change) especially on developing world food security. This displacement effect of the EU using its arable land to produce fuel not food, shifts production to developing countries, where people struggle to feed themselves; Notes that such displacement effects as ILUC can also occur within those 3rd countries who export agrofuels to us. Direct land use change also occurs with e.g. palm oil plantations replacing tropical forest and savannah. A huge impact on global hunger is also the 14% target of agrofuels within transport fuel, within the RED renewable energy directive, which therefore drives global deforestation and hunger;
2021/12/08
Committee: AGRI
Amendment 49 #

2021/2208(INI)

Draft opinion
Paragraph 5
5. Underlines that the farm to fork strategy is the EU’s most ambitious policy framework to promote a more sustainable and resilient EU food system and support a global transition to sustainable food systems; notes that this is a major step forward on the road to a crucial global transition in line with the United Nations Sustainable Development Goals, but that the transition must be based on agro- ecological approaches, food models with more balanced consumption patterns, measures to tackle waste at all levels, and a fairer distribution of income and foodstuffs;
2021/12/08
Committee: AGRI
Amendment 52 #

2021/2208(INI)

Draft opinion
Paragraph 5 a (new)
5a. Notes that the developing world has already shown that food security can be ensured by following agroecological (AE) methods pushed by the UN FAO and their soil preservation drive, as well as other SDGs. Agricultural productivity has risen many times over (offset by the concurrently high population rate increase in some regions). Tambourini et al 2020 1a is a meta-study of meta-studies, comparing 15k farms globally, showing that in 2/3 of cases, AE produces as much if not more than conventional chemically dependent farming systems. AE also costs much less for developing world farmers; _________________ 1a https://www.researchgate.net/publication/ 345323439_Agricultural_diversification_ promotes_multiple_ecosystem_services_wi thout_compromising_yield
2021/12/08
Committee: AGRI
Amendment 63 #

2021/2208(INI)

Draft opinion
Paragraph 6 a (new)
6a. Notes that although there are many differences in agriculture, and some places are still suffering effects of colonialist adaptations of agriculture and landscape, most importantly separating trees from arable crops or imposing monocultures, there are still many agronomic and agroecological approaches that can benefit other climates and situations, such as: – mixing crops, "polycultures" – agro-forestry, including using leguminous trees, especially good for providing shade and protection for other crops and animals and attracting/increasing water cycling – permaculture gardens, especially useful for increasing nutritional value for communities – composting – minimal or shallow ploughing where needed – cover crops, green manures – crop rotation or multi-cropping with legumes Other structural approaches such as CSA (community supported agriculture), permaculture, etc., all are already promoted by UN FAO and proven to boost food security;
2021/12/08
Committee: AGRI
Amendment 68 #

2021/2208(INI)

Draft opinion
Paragraph 7
7. ENotes the EU Treaty obligation in article 208 TFEU that should encourages increased consistency between EU development and trade policies, in order to support the global transition to sustainable agrifood systems and food sovereignty and security;
2021/12/08
Committee: AGRI
Amendment 76 #

2021/2208(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls for an independent stand- alone complaints mechanism that is open to civil society actors such as small farmers' cooperatives for example signalling breaches of rules such as dumping with milk powder or meat products that can sporadically collapse local markets;
2021/12/08
Committee: AGRI
Amendment 78 #

2021/2208(INI)

Draft opinion
Paragraph 7 b (new)
7b. Calls also for PCD (policy coherence for development) obligations to be evaluated by the EU Ombudsman, including the work of the Commission's DG Trade e.g. chief trade enforcement office;
2021/12/08
Committee: AGRI
Amendment 87 #

2021/2208(INI)

Draft opinion
Paragraph 8
8. Notes that while lifting export subsidies and decoupling direct payments has significantly reduced the risk of dumping practices, some areas of concern persist and should be closely monitored, in particular agricultural sect, such as internal support that allows EU agro-industrial businesses to buy cheap agricultural products on the EU market and then exporst still tied to coupled income support in many EU Member Stateome of them to developing countries at very low cost, thereby competing with local, subsistence products.
2021/12/08
Committee: AGRI
Amendment 89 #

2021/2208(INI)

Draft opinion
Paragraph 8 a (new)
8a. Notes a particular area of concern is meat and dairy production, as the export orientation of EU farming, and even if only taking advantage of basic and coupled payments, can place EU farmers at a significant advantage compared to some of their developing world peers, and can collapse local markets in agricultural products when undercutting with EU products occurs;
2021/12/08
Committee: AGRI
Amendment 91 #

2021/2208(INI)

Draft opinion
Paragraph 8 b (new)
8b. Notes that although this disparity been challenged for many decades, it has never been qualified or quantified; Calls therefore for an independent and impartial review of barriers to unfair trade, that evaluates the competitive positions between farmers in the EU and Least Developed Countries and so assesses the Policy Coherence for Development (PCD) of the EU1a. Notes that such a study should compare like for like and control for scale of undertaking, so that the effects on smaller farms can be isolated, as for example those exporting into/out of the EU can tend to be the biggest enterprises; _________________ 1a Article 208 TFEU
2021/12/08
Committee: AGRI
Amendment 1 #

2021/2185(INI)

Motion for a resolution
Citation 1 a (new)
- having regard Regulation (EU) 2021/1119 of the European Parliament and of the Council1 which sets the target of economy-wide climate neutrality by 2050 and establishes a binding Union reduction commitment of GHG emissions of at least 55 per cent below 1990 levels by 2030,
2022/01/27
Committee: ECON
Amendment 2 #

2021/2185(INI)

Motion for a resolution
Citation 1 b (new)
- having regard the Commission communication on the Guidelines on State aid for climate, environmental protection and energy 2022 published on 21st December 20212,
2022/01/27
Committee: ECON
Amendment 3 #

2021/2185(INI)

- having regard the Commission Guidelines on State aid to promote risk finance investments published on 6th December 20213,
2022/01/27
Committee: ECON
Amendment 4 #

2021/2185(INI)

Motion for a resolution
Citation 2
- having regard to the relevant Commission rules, guidelines, resolutions, public consultations, communications and papers on the subject of competition,deleted
2022/01/27
Committee: ECON
Amendment 5 #

2021/2185(INI)

Motion for a resolution
Citation 2 a (new)
3Communication from the Commission — Guidelines on State aid to promote risk finance investments, OJ C 19, 22.1.2014, p.1. - having regard to the Commission Communication and roadmap of 11 December 2019 on the European Green Deal4,
2022/01/27
Committee: ECON
Amendment 18 #

2021/2185(INI)

Motion for a resolution
Citation 13 a (new)
- having regard to the Commission’s follow up to the European Parliament non-legislative resolution on the Annual Report on Competition policy 2019,
2022/01/27
Committee: ECON
Amendment 22 #

2021/2185(INI)

Motion for a resolution
Recital A
A. whereas EU competition policy has an important role – especially at times of uncertainty and digital transformation – in ensuring effective competition to encourage innovation, set fair economic conditions, as well as driving innovation that develops new technologies which can help us to do more, with less harm to the environment and giving the industry a powerful incentive to use our planet’s scarce resources efficiently and provide greater choice for consumers;
2022/01/27
Committee: ECON
Amendment 52 #

2021/2185(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas full coherence between the Union’s policy goals in the framework of the Green Deal, the Paris Agreement and the UN Sustainable Development Goals on the one hand and competition rules on the other is necessary; whereas the application of EU competition law should address all market distortions, including those created by negative social and environmental externalities;
2022/01/27
Committee: ECON
Amendment 58 #

2021/2185(INI)

Motion for a resolution
Paragraph 1
1. Emphasises that the challenges arising from the COVID-19 pandemic need to be adequately taken into account and that the guiding principle should be the reasonablphasing out of specific support measures should be progressive and aligned with the withdrawal of contingent measures adopted to fight against the pandemic; stresses that the phasing -out of specific support measuresthe pandemic specific measures should take into account its social impact including on employment; highlights that a broad reflection on an intelligent industrial policy that can help reallocate resources to certain key sectors (e.g. health) in a way that does not distort competition between firms can also help to lay the ground for a resilient and sustainable economy in the long term;
2022/01/27
Committee: ECON
Amendment 75 #

2021/2185(INI)

Motion for a resolution
Paragraph 2
2. Calls for the development of an effective system of well-adjusted and complementing regulatory and enforcement instruments to facilitate the digital and green transition; states that such changes are an opportunity for European businesses to take the lead in implementing the green transition and operate in a competitive market for sustainable development;
2022/01/27
Committee: ECON
Amendment 82 #

2021/2185(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Highlights that small and medium- sized enterprises (SMEs) are the backbone of the European economy, representing 99.8% of all businesses in the EU; notes that the strong contribution to job creation and value added make SMEs crucial to ensuring economic growth and social integration in the EU; regrets that despite their growth opportunities, SMEs may face difficulties in obtaining access to finance; welcomes in this regard of the revised Guidelines on State aid to promote risk finance investments, which clarify and simplify the rules under which Member States can support SMEs access to finance;
2022/01/27
Committee: ECON
Amendment 88 #

2021/2185(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Notes that mobilising investments at the scale needed to meet the 2030 emission targets will require in certain appropriate cases the provision of State aid as recognised by the Commission; calls therefore on the Commission to align State aid rules with EU’s efforts towards decarbonisation in particular for the energy transition;
2022/01/27
Committee: ECON
Amendment 90 #

2021/2185(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Stresses that EU competition rules shall contribute to the Union’s objective as defined in Article 3 TEU; Considers that competition rules have a key role in ensuring full employment, social progress and the protection of the environment and biodiversity; stresses that the ‘fair price’ of products is not the lowest price possible for the consumer, but a price that allows for the fair remuneration of all parties along the supply chain, while not resulting in negative externalities;
2022/01/27
Committee: ECON
Amendment 94 #

2021/2185(INI)

Motion for a resolution
Paragraph 3 c (new)
3c. Calls on the Commission to conduct an in-depth analysis of the extent and effect of buying alliances, thereby devoting special attention to guaranteeing fair competition and greater transparency in supermarket and hypermarket chains’ commercial practices, particularly where such practices affect brand value and product choice or limit innovation or price comparability;
2022/01/27
Committee: ECON
Amendment 95 #

2021/2185(INI)

Motion for a resolution
Paragraph 3 d (new)
3d. Reiterates that the Commission’s Directorate General for Competition (DG COMP) should be provided with sufficient and adequate staff and resources; stresses the Commission should ensure that its staff has sufficient knowledge and expertise, in particular as regards the functioning of the digital economy;
2022/01/27
Committee: ECON
Amendment 107 #

2021/2185(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Takes note that 80,1% of State aid approved was notified by only 3 Member States, with 51.5% only for Germany; calls the Commission to assess the impact of this high concentration of State aid on the internal market;
2022/01/27
Committee: ECON
Amendment 109 #

2021/2185(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. Deplores that no green conditioning was attached to the 670 decisions approving €3 trillion of State aid under the Temporary Framework; Regrets in particular that more than 40 decisions allowed State aid to airlines, airports and ground handling companies without requiring these companies to adopt transition plans toward a more sustainable business models;
2022/01/27
Committee: ECON
Amendment 111 #

2021/2185(INI)

Motion for a resolution
Paragraph 5
5. Welcomes the planned evaluation of the rules on health and social services of general economic interest (SGEI) to ensure that those rules meet their objectives and are fit for purpose; Recalls the need for better targeted State aid especially for SGEI, including energy, transport, telecommunication, health and housing;
2022/01/27
Committee: ECON
Amendment 123 #

2021/2185(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Calls for reflection on possible distortions of competition arising from the European Central Bank’s (ECB) pandemic emergency purchase programme (PEPP) and corporate sector purchase programme (CSPP); asks the Commission to examine whether possible distortions of competition arise from the CSPP especially between SMEs and multinational corporations; welcomes that the ECB is preparing to align its corporate asset purchases with the Paris Agreement but warns against delay;
2022/01/27
Committee: ECON
Amendment 135 #

2021/2185(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Regrets that the Commission continue to negotiate free trade agreements (FTA) without ensuring that these agreements are in line with the Green Deal objectives; calls on the Commission to pay greater attention of the impact of FTA on SMEs and to ensure a level playing field between EU and companies and third country companies; urges the Commission to ensure that FTAs do not undermine such level playing field by guaranteeing that equivalent environmental, social and governance standards applied to goods and services imported into the EU; demands to implement an EU-wide import ban on goods made with forced labour;
2022/01/27
Committee: ECON
Amendment 136 #

2021/2185(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Expresses its strong concerns regarding the EU-Mercosur trade agreement as negotiated by the Commission; stresses that the EU- Mercosur trade agreement could lead to massive deforestation, jeopardise the enforcement of EU health and food safety standards and create an unfair playing field for European producers; calls for the reopening of the negotiation mandate to fully align the deal with the Green Deal Objectives including by introducing mirror clauses requiring all European standards to apply to products imported from the Mercosur countries;
2022/01/27
Committee: ECON
Amendment 137 #

2021/2185(INI)

Motion for a resolution
Paragraph 7 c (new)
7c. Highlights the potential of the ongoing review of the Guidelines on Horizontal Cooperation Agreements to facilitate cooperation agreements for sustainability which may result in the achievement of legitimate environmental or social policy objectives in the EU and abroad (such as enhanced environmental standards or the achievement of living incomes or living wages in third countries); invites the Commission in particular to consider societal benefits and delayed benefits when evaluating the fulfilment of Article 101(3);
2022/01/27
Committee: ECON
Amendment 144 #

2021/2185(INI)

Motion for a resolution
Paragraph 8
8. Welcomes the Commission’s proposal for a new regulation on foreign subsidies in order to curtail potentially distortive effects on the single market, close the enforcement gap, and level the playing field for European companies by using EU competition law instruments and their key building blockand foster positive social and environmental externalities;
2022/01/27
Committee: ECON
Amendment 147 #

2021/2185(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Is of the opinion that the Union and the Member States need targeted policies and investments in order to re- industrialise certain strategic industries and re-shore jobs and value chain activities;
2022/01/27
Committee: ECON
Amendment 163 #

2021/2185(INI)

Motion for a resolution
Paragraph 11
11. Stresses that Parliament’s negotiating mandate on the Digital Markets Act will be voted on in plenary andas voted at the December 2021 plenary reinforces the Commission’s initial proposal as regards consumer protection; highlights that the European Parliament’s position contains strong interoperability requirements for messaging and social networking services to the great benefit of end-users; states that Parliament is prepared to work towards the accelerated completion of negotiations and the entry into force of the new rules;
2022/01/27
Committee: ECON
Amendment 180 #

2021/2185(INI)

Motion for a resolution
Paragraph 14
14. Welcomes the recent judgment by the General Court of the EU3 , which confirms the Commission’s assessment as regards an abuse of dominant market position and its proof and an example of the effective application of traditional EU competition rules in the context of a digital economy; __________________ 3Judgment of the General Court of 10 November 2021, Google and Alphabet v Commission, T-612/17, ECLI:EU:T:2021:763.
2022/01/27
Committee: ECON
Amendment 192 #

2021/2185(INI)

Motion for a resolution
Paragraph 15
15. SupportsRegrets the lack of ambition of the review of EU competition law instruments as outlined in the Commission communication of 18 November 2021; recalls, however, that this should not exclude the development of new tools where necessary;
2022/01/27
Committee: ECON
Amendment 200 #

2021/2185(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Highlights that the transparency of the State aid case evaluation process should be enhanced; stresses that the motivation for approving cases as well as the conditions imposed are often only vaguely described; asks for a better and more systemic reporting on which Member States and which economic activities are entitled to which kind of public support; calls the European Court of Auditors to audit the Commission’s decision-making process regarding State aid and assess its effectiveness and transparency;
2022/01/27
Committee: ECON
Amendment 202 #

2021/2185(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Stresses that the European Commission evaluates State aid cases on a case-by-case basis; Highlights that there is a risk of interconnectedness between cases that can be neglected; Asks the Commission to evaluate the cases while taking into account previous cases submitted by the same Member State as well as similar cases submitted by other Member States;
2022/01/27
Committee: ECON
Amendment 205 #

2021/2185(INI)

Motion for a resolution
Paragraph 16 c (new)
16c. Stresses that companies registered in tax heavens should be banned from receiving State aid; Stresses that companies which received State aid should not pay dividends or make share buy-backs in 2022; Stresses that companies that have received State aid should not carry out large-scale social plans;
2022/01/27
Committee: ECON
Amendment 206 #

2021/2185(INI)

Motion for a resolution
Paragraph 16 d (new)
16d. Reiterates that taxation is sometimes used to grant indirect State aid, creating an uneven playing field in the internal market; calls in the Commission to review its tax State aid rules to assess whether tax advantages, such as tax exemptions or tax credits, do distort competition; calls on the Commission to look into the possibility to fine countries found in breach of EU State aid rules; encourages the Commission to pursue its investigations into Member States’ tax ruling practices;
2022/01/27
Committee: ECON
Amendment 207 #

2021/2185(INI)

Motion for a resolution
Paragraph 16 e (new)
16e. Calls on the Commission to check whether the kerosene tax exemption amounts to a distortion of competition benefiting the aviation sector, based on an incorrect interpretation of the Chicago Convention on International Civil Aviation;
2022/01/27
Committee: ECON
Amendment 208 #

2021/2185(INI)

Motion for a resolution
Paragraph 16 f (new)
16 f. Regrets that some multinationals still adopt aggressive and harmful tax practices, recalls that tax advantages targeted at large companies may stifle innovation and jeopardise the contestability of markets, especially for SMEs;
2022/01/27
Committee: ECON
Amendment 209 #

2021/2185(INI)

Motion for a resolution
Paragraph 16 g (new)
16g. Underlines the need to coherently revisit the State aid rules and the Commission’s 2013 Banking Communication to reflect progress in the implementation and improvement of the crisis management framework and to achieve consistency with respect to Bank recovery and resolution directive (BRRD) requirements, taking due account of recent rulings of the Court of Justice of the European Union;
2022/01/27
Committee: ECON
Amendment 210 #

2021/2185(INI)

Motion for a resolution
Paragraph 17
17. Takes note of the planned revision of the related sections of the General Block Exemption Regulation (GBER)4 ; welcomes that the draft revised GBER further recognises renewable energies and biodiversity protection measures; stresses however that clear, stringent and enforceable criteria and targets should be set for allowing State aid to low-carbon hydrogen; considers that State aid to gas projects should be allowed only to renewable natural gas projects; __________________ 4 OJ L 187, 26.6.2014, p. 1.
2022/01/27
Committee: ECON
Amendment 214 #

2021/2185(INI)

Motion for a resolution
Paragraph 18
18. Takes note of the Commission’s initiative to revise the State aid rules in the field of climate, environmental protection and energy (CEEAG) to align them with the European Green Deal and supports the adoption of new guidelines in that regard; welcomes that the guidelines acknowledges that measures that directly or indirectly involve support to fossil fuels, in particular the most polluting ones, often have negative environmental externalities on the market; stresses that therefore those measures should never receive a positive assessment; welcomes that the guidelines include a dedicated section to renewable energy and energy efficiency;
2022/01/27
Committee: ECON
Amendment 237 #

2021/2185(INI)

Motion for a resolution
Paragraph 20
20. Urges the Commission to accelerate its commitment to reviewing its notice on the definition of relevant market; notes that the Commission launched a call for evidence on the revision and updating of its market definition notice; stresses that this review should be adapted to the new digital environment, the increased global competition and the climate crisis;
2022/01/27
Committee: ECON
Amendment 242 #

2021/2185(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Commends the Commission for having kept its position on mergers and resisted the pressure from some Member States to foster mergers in order to create so-called “EU Champions”;
2022/01/27
Committee: ECON
Amendment 246 #

2021/2185(INI)

Motion for a resolution
Paragraph 21
21. Acknowledges the Commission guidance on certain aspects of Article 22 of the Merger Regulation6 ; expresses concern, however, that this initiative may not be sufficient to adapt the regulation to the needs of modern business models, such as on killer acquisitions; regrets that the Commission did not review the Merger Regulation which is not fit for the digital economy as the jurisdictional thresholds setting the starting point for an EU merger review are based on the turnover of the target and acquiring entities; deplores that unlike national authorities the Commission does not have the ability to block mergers and acquisitions based on public interest concerns; __________________ 6 OJ L 24, 29.1.2004, p. 1.
2022/01/27
Committee: ECON
Amendment 262 #

2021/2185(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Calls on the Commission to clarify how and under which conditions sustainability initiatives can allow certain types of arrangements;
2022/01/27
Committee: ECON
Amendment 6 #

2021/2074(INI)

Motion for a resolution
Citation 5 f (new)
— having regard to the Commission Communication on Business Taxation for the 21st century of 18 May 2021,
2021/10/28
Committee: ECON
Amendment 16 #

2021/2074(INI)

Motion for a resolution
Citation 5 a (new)
— having regard to the OECD Inclusive Framework agreementvon pillar 1 and pillar 2 as endorsed by the G20 Ministers of Finance on the 8thof October 2021,
2021/10/28
Committee: ECON
Amendment 18 #

2021/2074(INI)

Motion for a resolution
Citation 5 b (new)
— having regard to the OECD report of 19 May 2020 entitled ‘Tax and Fiscal Policy in Response to the Coronavirus Crisis: Strengthening Confidence and Resilience’,
2021/10/28
Committee: ECON
Amendment 20 #

2021/2074(INI)

Motion for a resolution
Citation 5 c (new)
— having regard to the IMF policy paper of 25 May2021 entitled ‘Taxing Multinationals in Europe’,
2021/10/28
Committee: ECON
Amendment 21 #

2021/2074(INI)

Motion for a resolution
Citation 5 d (new)
— having regard to its resolution of 15 January 2019 on gender equality and taxation policies in the EU,
2021/10/28
Committee: ECON
Amendment 22 #

2021/2074(INI)

Motion for a resolution
Citation 5 e (new)
— having regard to the Commission survey of 2020 entitled ‘Tax policies in the European Union’,
2021/10/28
Committee: ECON
Amendment 23 #

2021/2074(INI)

Motion for a resolution
Citation 5 g (new)
— having regard to the European Parliament resolution of 21 October 2021 entitled ‘Pandora Papers: implications for the efforts to combat money laundering, tax evasion and tax avoidance’,
2021/10/28
Committee: ECON
Amendment 28 #

2021/2074(INI)

B. whereas although tax policy largely remains a Member State responsibility, the single market requires a minimuman Economic and Monetary Union requires a more appropriate framework to ensure cooperation and coordination in the field of taxation, particularly to achieve optimal results in preventing base erosion, dumping and tax competition and therefore require a degree of coordination or harmonisation in setting tax policy1 ; _________________ 1 As laid down in Articles 110-118 TFEU.
2021/10/28
Committee: ECON
Amendment 37 #

2021/2074(INI)

Motion for a resolution
Recital C
C. whereas tax policy fragmentation creates various obstacles for companies and citizenitizens and companies in the single market, including legal uncertainty, red tape, the risk of double taxation and difficulties claiming tax refunds; whereas these obstacles discourage cross-border economic activity in the single market ; whereas policy fragmentation alsoequally creates risks for tax authorities such as double non-taxation and arbitrage possibilities (such as tax planning) and aggressive tax avoidance practices); whereas policy fragmentations increases tax authorities’ cost of enforcement ;
2021/10/28
Committee: ECON
Amendment 41 #

2021/2074(INI)

Motion for a resolution
Recital C a (new)
C a. whereas ordinary citizens and entrepreneurs are particularly affected by the complexities of the tax system, taking into account their limited resources compared to those of multinational enterprises (MNEs);
2021/10/28
Committee: ECON
Amendment 44 #

2021/2074(INI)

Motion for a resolution
Recital D
D. whereas within the EU’s social market economy, adequate tax levels and simple and clear tax laws should not distort economic actors’ decision-making; whereas sound tax policies should support the creation of jobs and economic growth and improve the competitiveness of the EU and its Member Statesaim at being least distortive as possible; whereas holistic tax systems should fulfil four objectives including revenue raising, redistribution, repricing and representation leading to fair societies and sustainable and carbon-neutral economy;
2021/10/28
Committee: ECON
Amendment 46 #

2021/2074(INI)

Motion for a resolution
Recital D a (new)
D a. whereas the economic recovery and the challenges regarding climate crisis, the ecological transition, the digitization of the economy involve very profound changes and increase the need to mobilise more resources and re- evaluate the current taxation policies, in particular the many loopholes embedded in complex national taxation polices, so that this transition is fair;
2021/10/28
Committee: ECON
Amendment 52 #

2021/2074(INI)

Motion for a resolution
Recital E
E. whereas the overall level of taxation differs considerably between Member States, as demonstrated by the fact that the tax-to-GDP ratio varied between 22.1 % in Ireland and 46.1 % in Denmark in 20192 ; ;whereas on aggregate, the tax burdento GDP in the EU (40.1 %) is high even whener compared to other advanced economies (the Organisation for Economic Co-operation and Development (OECD) average wasof 34.3 % in 2018); whereas strong tax competition in the EU appears to have been a major driving force behind the steep decline in corporate income tax rates that has brought the average European corporate income tax rate below the average rate in OECD countries; _________________ 2Commission Annual Report on Taxation 2021, p. 24.
2021/10/28
Committee: ECON
Amendment 55 #

2021/2074(INI)

Motion for a resolution
Recital E a (new)
E a. whereas international tax competition leads to suboptimal global welfare outcomes because of inefficiently low tax rates as each country attempts to make its tax system more attractive than those of others2a;whereas competition for foreign direct investment and real economic activities should therefore focus less on taxation and more on true value drivers such as good infrastructure, high levels of education, available workforce, legal certainty, independent judiciary, innovation, research and development, development of SMEs, and quality healthcare for which tax revenues are needed; _________________ 2a IMFreport, Taxing Multinationals in Europe, 2021 ;
2021/10/28
Committee: ECON
Amendment 69 #

2021/2074(INI)

Motion for a resolution
Paragraph 1
1. Recalls that Member States are free to decide on their own economic policies and in particular their own tax policies; recalls, however, that Member States must exercise this competence consistently with Union law within the boundaries of the EU treaties and insofar EU law is transposed and properly enforced; highlights, however, that tax differentials and excessive tax competition distort the international allocation of capital and production and the cross-border spillovers of other countries’ tax policies may limit de facto tax sovereignty;
2021/10/28
Committee: ECON
Amendment 84 #

2021/2074(INI)

Motion for a resolution
Paragraph 2
2. Notes that the estimated tax compliance costs for large companies (MNEs) amount to about 2 % of taxes paid, while for small and medium-sized enterprises (SMEs) the estimate is about 30 % of taxes paid4 ; notes further that empirical evidence suggests that MNEs’ profits tend to be taxed less than profits of domestic peers, reflecting profit shifting from high- to low-tax affiliates ; _________________ 4 Commission Communication of 15 July 2020 on an action plan for fair and simple taxation supporting the recovery strategy, p. 6 (COM(2020)0312).
2021/10/28
Committee: ECON
Amendment 91 #

2021/2074(INI)

Motion for a resolution
Paragraph 4
4. Notes that tax base harmonisation such as the common corporate tax base or the ‘Business in Europe: Framework for Income Taxation’ (BEFIT) could reduce the cost of tax compliance for SMEs that operate in more than one Member State; reiterates that taxing profits where the economic activities take place will allow governments to offer a level playing field for their SMEs, that struggle to cope with unfair competition from MNEs; highlights the need to tax corporations on the basis of a fair and effective formula for the allocation of taxing rights between countries;
2021/10/28
Committee: ECON
Amendment 96 #

2021/2074(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Notes the idea of a step wise implementation of unitary taxation in the EU, as a first step the formula apportionment could be applied to above- normal profits only ; highlights that pillar 1 of the recent OECD/G20 agreement leads to a re-allocation of such excess profits to market jurisdictions; invites the Commission to reflect on the expansion of the OECD pillar 1 principles in the EU with lower thresholds, higher allocation and a more comprehensive formula including tangible assets and employment;
2021/10/28
Committee: ECON
Amendment 98 #

2021/2074(INI)

Motion for a resolution
Paragraph 4 b (new)
4 b. Commits that the FISC subcommittee in the European Parliament will develop, in dialogue with experts, national parliaments and citizens, guiding principles ahead of the BEFIT proposal by the European Commission in 2023;
2021/10/28
Committee: ECON
Amendment 99 #

2021/2074(INI)

Motion for a resolution
Paragraph 5
5. Notes that many Member States as well as the EU have introduced dedicated regimes favouring SMEs such as special VAT rules in order to offset the higher effective tax rates and higher tax compliance costs for SMEs; stresses that such special treatment, while generally positive, could risk introducing further distortions and further increasing the overall complexity of the system; highlights also that special regimes such as lower corporate income tax rates push high-income earners to incorporate avoiding progressive personal income taxation; notes that the corporate sector now accounts for a greater proportion of the overall economy due to a race to the bottom in corporate tax rates and the shift from personal income taxation to corporate income taxation;
2021/10/28
Committee: ECON
Amendment 109 #

2021/2074(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Observes that the common market in the EU, with the free movement of factors of production, and close economic relations with non-EU neighbours (including Norway, Switzerland, and the United Kingdom) has generated large trade, investment, and financial flows among European countries ; notes that this deep inter connectedness, without coordinated tax rules such as minimum rates or commonly defined tax bases, however, has raised the sensitivity of each country’s tax bases and rate to that of other countries, magnifying in particular corporate income tax spillovers;
2021/10/28
Committee: ECON
Amendment 111 #

2021/2074(INI)

Motion for a resolution
Paragraph 6
6. Notes that the EU has developed coordination mechanisms such as peer review procedures within the Code of Conduct Group and country-specific recommendations in the context of the European Semester; points out that the Commission has recommended to six Member States that they curb aggressive tax planning as part of the 2020 country- specific recommendations; ; welcomes the Commission’s integration of the country- specific recommendations to the assessment of the national recovery and resilience plans; calls on the Commission to make the country-specific recommendation regarding aggressive tax planning a regular feature of the European Semester and to further expand beyond corporate income taxation;
2021/10/28
Committee: ECON
Amendment 122 #

2021/2074(INI)

Motion for a resolution
Paragraph 7
7. Highlights that the ideal level for tax policy coordination is on the international stage through, amongst others, the G20/OECD; notes that EU tax proposals based on international agreements have historically been more likely to be adopted by the Council; due to the unanimity rule; highlights, however, that proposals by the European Commission and unilateral measures at Member State level constitute a crucial step towards finding a global solution in the absence of such global solution;
2021/10/28
Committee: ECON
Amendment 128 #

2021/2074(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Recalls that all existing directives in tax matters had to go through unanimity procedure in Council leading to weaker rules; also recalls that many of these instruments have undergone revisions such as the Parent Subsidiary directive; recalls as well that the revision of the Interest and Royalty directive or the definitive VAT regime is still blocked in Council; observes that as a result these EU instruments have not prevented a large tax gap and an aggressive tax competition between Member States; therefore concludes that the difficulties encountered in Council to deal with taxation challenges demonstrates the need to move to qualified majority in tax matters;
2021/10/28
Committee: ECON
Amendment 132 #

2021/2074(INI)

Motion for a resolution
Paragraph 7 b (new)
7 b. Deplores that the procedure laid down in Article 116 of the Treaty on the Functioning of the European Union, under which Parliament and the Council act in accordance with the ordinary legislative procedure, inorder to act when harmful tax practices lead to market distortion within the Union, has never been used so far; believes that Article 116 TFEU can be used to set minimum standards and harmonize tax rules in the EU;
2021/10/28
Committee: ECON
Amendment 138 #

2021/2074(INI)

Motion for a resolution
Paragraph 9
9. Notes that digitalisation and a heavy reliance on intangible assets that pose challenges to the current tax system warrant a high degree of policy coordination; deplores the fact that some Member States have pressed ahead with the introduction of national digital taxes despite ongoing negotiations at EU and OECD levels; stresses that these national measures should be phased out following the implementation of an effective international solution;
2021/10/28
Committee: ECON
Amendment 145 #

2021/2074(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Observes the current distortions of the single market due to an increasing and unregulated tax competition in the field of personal income, capital and wealthtaxation; notes the ongoing competition in the EU for high net-worth individuals through preferential regimes such as expatriate and investment regimes; also notes the competition for pensioners and so-called ‘digital nomads’; furthermore notes the large differences among Member States in the tax treatment of capital gains, inheritances and gifts leading to easily exploitable loopholes for companies and individuals; calls on the Commission to fully integrate these observations in the broader reflection taking place in 2022 and concluding in a Tax Symposium on the ‘EU tax mix on the road to 2050’; calls for greater alignment and administrative cooperation of capital gains taxation in the EU;
2021/10/28
Committee: ECON
Amendment 153 #

2021/2074(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Notes that to help this access to credit to small and medium companies, funds to guarantee the loans of these companies should be created to facilitate investments in the ecological transition. These funds can be provided by the EIB or by national public banks;
2021/10/28
Committee: ECON
Amendment 156 #

2021/2074(INI)

Motion for a resolution
Paragraph 11
11. Notes that debt equity bias varies considerably between the Member States; welcomes the fact that some Member States have introduced allowances for corporate equity to address this issue; stresses that a common European approach would be preferable in order to avoid distortions in the single marketambitiously transposed the interest-limitation rules as included in the first anti-tax avoidance directive; stresses that limiting further or abolishing the deductibility of interest costs would be preferable to avoid aggressive tax planning by companies and reducing corporate debt rates;
2021/10/28
Committee: ECON
Amendment 159 #

2021/2074(INI)

Motion for a resolution
Paragraph 12
12. Looks forward to the Commission’s proposal forNotes the Commission’s proposal for a debt equity bias reduction allowance5 ; urges the Commission to equally propose rules to further limit the deductibility of interest costs; is concerned by the possible losses of tax revenues in times of budget deficits and need for large-scale public investments with a debt equity bias reduction allowance5 ; _________________ 5Commission communication of 18 May 2021 on business taxation for the 21st century (COM(2021)0251).
2021/10/28
Committee: ECON
Amendment 167 #

2021/2074(INI)

Motion for a resolution
Paragraph 13
13. Notes that the effective marginal tax rate (EMTR) is often a decisive factor for corporations making investment decisions; notes that there is considerable variation in the EMTR across Member States; invites the Commission to look into whether some Member States are distorting competition by artificially lowering their EMTR, e.g. through accelerated depreciation schedules or adjusting the tax deductibility of certain items; notes that the EMTR do not reflect the impact of aggressive tax planning or of tax rulings and special tax regimes;
2021/10/28
Committee: ECON
Amendment 175 #

2021/2074(INI)

Motion for a resolution
Paragraph 14
14. Highlights that tax incentives for private research and development (e.g. via tax credits, enhanced allowances or adjusted depreciation schedules) can help to lift an economy’s overall spending towards research and development, which often comes with positive externalities; is concerned, however, that certain types of tax incentives such as patent box / intellectual property box regimes do little to increase research and development spending and may actually distort the single marketincited profit shifting and aggressive tax planning;
2021/10/28
Committee: ECON
Amendment 179 #

2021/2074(INI)

Motion for a resolution
Paragraph 15
15. Stresses that further harmonisation regarding tax incentives for research and development spending may be warranted; notes that that this was part of the Commission’s initial common corporate tax base proposal; deplores the fact that the topic was not addressed in the recent communication on business taxation for the 21st century; notes that tax incentives should aim at attracting investments in the real economy and therefore be expenditure based instead of profit based;
2021/10/28
Committee: ECON
Amendment 181 #

2021/2074(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Notes that an important part of budgetary capacity is channeled through tax incentives in the form of exemptions, deductions, credits, deferrals and reduced tax rates3a; calls on the Commission to provide an assessment of all ineffective tax incentives and subsidies in particular those harmful to the environment and leading to negative economic distortions; calls on the Commission to establish a screening framework for tax incentives in the EU and oblige member states to publish the fiscal costs of tax incentives; calls on Member States to perform annual, detailed and public cost-benefit analyses of each tax provision; _________________ 3aThe tax-expenditure-to-GDP ratio is on average 4.5 percentagepoints in the EU; https://www.cepweb.org/reforming-tax- expenditures/;IMF, ‘Tax Policy for InclusiveGrowth after the Pandemic’, 16 December 2020, https://www.imf.org/en/Publications/SPR OLLs/covid19-special-notes#fiscal
2021/10/28
Committee: ECON
Amendment 191 #

2021/2074(INI)

Motion for a resolution
Paragraph 15 b (new)
15 b. Recalls on the Commission and the Member States to carry out regular impact assessments of fiscal policies from a gender equality, geographic, and socio- economic perspective;
2021/10/28
Committee: ECON
Amendment 207 #

2021/2074(INI)

Motion for a resolution
Paragraph 16 – point a (new)
(a) Suggests that the EU Taxation scoreboard should assess Member States’ tax practices according to a common set of objective criteria, such criteria should at least include : (a) the existing criteria used by the code of conduct group on business taxation;
2021/10/28
Committee: ECON
Amendment 208 #

2021/2074(INI)

Motion for a resolution
Paragraph 16 – point b (new)
(b) the criteria used to list third country jurisdictions as part of the EU list of non-cooperative jurisdictions;
2021/10/28
Committee: ECON
Amendment 209 #

2021/2074(INI)

Motion for a resolution
Paragraph 16 – point c (new)
(c) the past and ongoing infringement procedures launched against Member States for lack of conformity or lack of implementation of European legislation on tax and money laundering matters;
2021/10/28
Committee: ECON
Amendment 210 #

2021/2074(INI)

Motion for a resolution
Paragraph 16 – point d (new)
(d) some criteria from the Commission’s 2016 scoreboard prepared for third countries (in the context of the establishment of the EU list of non- cooperative jurisdictions), including for examples criteria on financial activity (levels of financial services exports, total FDIs, statistics on foreign affiliates and specific financial income flows) or on stability factors (governance indicators, corruption levels);
2021/10/28
Committee: ECON
Amendment 211 #

2021/2074(INI)

Motion for a resolution
Paragraph 16 – point e (new)
(e) economic indicators used by the Commission in its study on aggressive tax planning in2017 including tax treaties, interests and royalties payments etc;
2021/10/28
Committee: ECON
Amendment 212 #

2021/2074(INI)

Motion for a resolution
Paragraph 16 – point f (new)
(f) an analysis of the tax mix per Member States;
2021/10/28
Committee: ECON
Amendment 213 #

2021/2074(INI)

Motion for a resolution
Paragraph 16 – point g (new)
(g) spillover analysis of Member States tax policies and tax mix;
2021/10/28
Committee: ECON
Amendment 2 #

2021/2043(INI)

Motion for a resolution
Citation 5 a (new)
— having regard to its resolution of 20 January 2021 on strengthening the single market: the future of free movement of services (2020/2020(INI))1 a, _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0007_EN.html
2021/09/08
Committee: IMCO
Amendment 10 #

2021/2043(INI)

Motion for a resolution
Recital A a (new)
A a. whereas sustainable development and high levels of social and environmental standards are prerequisites for a form of productivity compatible with the Sustainable Development Gaols and the target of achieving zero carbon emissions by 2050;
2021/09/08
Committee: IMCO
Amendment 13 #

2021/2043(INI)

Motion for a resolution
Recital B
B. whereas any assessment of the barriers to the single market should be based, among other things, on the experiences and perceptions of businesses, workers and consumers who engage to some degree with the single market every day; whereas single market barriers disproportionately affectalso penalise SMEs and microenterprises, and hinder their cross- border activities;
2021/09/08
Committee: IMCO
Amendment 15 #

2021/2043(INI)

Motion for a resolution
Recital B a (new)
B a. whereas protecting and promoting social, labour and trade union rights, including collective bargaining, fair wages and good working conditions, are an integral part of building a well- functioning, fair, inclusive and sustainable single market that delivers quality goods and services; whereas economic freedoms to provide goods and services should not prevail over or undermine fundamental rights, including social, labour and trade union rights;
2021/09/08
Committee: IMCO
Amendment 21 #

2021/2043(INI)

Motion for a resolution
Recital C
C. whereas manycertain barriers affecting the single market derive from incorrect or incomplete application of EU legislation and poor access to the necessary information;
2021/09/08
Committee: IMCO
Amendment 25 #

2021/2043(INI)

Motion for a resolution
Recital D
D. whereas insufficient or incorrectdisparities in implementation and lack ofinadequate enforcement of legislation may have damaging consequences both at EU and national level for citizens and businesses;
2021/09/08
Committee: IMCO
Amendment 30 #

2021/2043(INI)

Motion for a resolution
Recital E
E. whereas the current Commission has not yet come forward with a compis legitimately affording priority to implementing and enforcing rehcensive legislative packagetly adopted existing legislation addressing failures in the exercise of the core freedoms of the single market beyond enforcement, other than digital initiatives; whereas Parliament and Council failed to adopt the core, while also announcing initiatives ofin the 2016 Services Packagedigital sector;
2021/09/08
Committee: IMCO
Amendment 31 #

2021/2043(INI)

Motion for a resolution
Recital F
F. whereas 71 % of SMEs that tried the current mutual recognition system for non-harmonised goods received a market access denial decision, and whereas the recent review of the regulation governing this system aimed to make it easier for companies to apply it by providing a better framework for national decision-making;
2021/09/08
Committee: IMCO
Amendment 32 #

2021/2043(INI)

Motion for a resolution
Recital G
G. whereas the COVID-19 crisis has been a shock both to production and consumption, and has reshaped domestic and cross-border activities, impacting workers, companies and consumers alike; whereas some of these effects may be temporary, but others will have lasting consequences on the shape and needs of the single market; whereas the pandemic has demonstrated the advanced level of European integration and the importance of regulation, strong institutions, public services and high social standards; whereas the path to recovery must be paved by sustainable development, fair transitions, social inclusion and the creation of quality jobs
2021/09/08
Committee: IMCO
Amendment 48 #

2021/2043(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Single Market Governance Package of March 2020, which aims to improve the implementation and enforcement of European legislation; considers that it is only a paran initial answer to the deficiencies hampering the proper functioning of the common market, in particular the achievement of the EU's fundamental objectives in respect of sustainable development and a social market economy, striving for full employment and social progress, as well as a high level of protection and improvement of the quality of the environment, as Article 3 of the Treaty on European Union stipulates;
2021/09/08
Committee: IMCO
Amendment 55 #

2021/2043(INI)

Motion for a resolution
Paragraph 2
2. Underlines that the single market remains the European Union’s greatest achievement; urges the Commission, therefore, to refocus resources at issues plaguing the single marketuse the dedicated single market resources at its disposal under the Multiannual Financial Framework to strengthen its governance and improve its functioning, in particular with regard to non-tariff barriers, in particular in respect of non-tariff barriers (NTBs), which continue to limit opportunities for consumers and businesses;
2021/09/08
Committee: IMCO
Amendment 63 #

2021/2043(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Takes the view that that a high level of consumer protection is a fundamental objective which must guide the EU's action in respect of the single market; stresses that abolishing non-tariff barriers does not necessarily lead to better consumer protection;
2021/09/08
Committee: IMCO
Amendment 66 #

2021/2043(INI)

Motion for a resolution
Paragraph 3
3. Underlines that the achievement of the objectives in the Green Deal and European digital agendas is based on the effective functioning of the single market, which is a key enabler of market efficiency and innovation and tool for modernising European economies; believes, therefore, that the single market’s shortcomings deserve at least the same level of attention as the Green Deal and the European digital agenda; reaffirms its own commitment to developing and safeguarding a robust, consumdurable consumer-, worker- and business-friendly internal market;
2021/09/08
Committee: IMCO
Amendment 68 #

2021/2043(INI)

Motion for a resolution
Paragraph 4
4. Regrets that overlooked NTBs undermineStresses that a strong and integrated single market, in which unjustified and discriminatory barriers have been eliminated, is a prerequisite for achieving the EU’s industrial strategy goals, especially reshoring of production and strengthening the resilience of the European economy;
2021/09/08
Committee: IMCO
Amendment 72 #

2021/2043(INI)

Motion for a resolution
Paragraph 5
5. Acknowledges that certain NTBs can be justified and originate from multi- level governancRecalls that regulations which are useful for achieving a legitimate public policy objective should not be considered as NTBs but as a justified and legitimate means of legislating in the general interest; adds that the objective of abolishing NTBs must not challenge the Member States' right to regulate; urges the Member States, where such NTBregulations are absolutely essential, to ensure their proportionality and strict alignment with legitimate public policy objectives; non-discriminatory nature;
2021/09/08
Committee: IMCO
Amendment 80 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – introductory part
6. Points out that the Commission and stakeholders have identified a group of key barriers to cross-border activities, among them:
2021/09/08
Committee: IMCO
Amendment 81 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point a
(a) unjustified regulatory disparities and inconsistentadequate implementation of EU law, which force companies to commit resources to the laborious process of analysing provisions that are harmonised at EU level, diverting investments away from activities that create jobs or support growth;
2021/09/08
Committee: IMCO
Amendment 85 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point b
(b) occasionally burdensome and complex administrative requirements, and inaccessible information and limited lines of communication with public administration, including through points of single contact, which also limit the possibilities for new or competing services in new locations that would improve consumer choice;
2021/09/08
Committee: IMCO
Amendment 90 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point c
c) additional technical requirements adopted at the national level and implemented beyond the requirements set by European law (gold-plating);deleted
2021/09/08
Committee: IMCO
Amendment 93 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point d
(d) a lack of harmonised standards increasing the compliance cost for companies operating cross-border, and where these exist, insufficient knowledge on the part of companies of the obligations incumbent upon them;
2021/09/08
Committee: IMCO
Amendment 95 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point d a (new)
(d a) restrictions based on geographic location in both digital and non-digital transactions, including business-to- business relationships, which impact consumers and businesses;
2021/09/08
Committee: IMCO
Amendment 99 #

2021/2043(INI)

Motion for a resolution
Paragraph 6 – point d b (new)
(d b) disparities in taxation systems which constitute major barriers to exporting owing to the cost of understanding and complying with them, especially for SMEs;
2021/09/08
Committee: IMCO
Amendment 103 #

2021/2043(INI)

Motion for a resolution
Paragraph 7
7. Emphasises that the NTBs severelmay impact, inter alia, the services sector and thereby other segments of the economy underpinned by the services sector, while recognising the need to enhance monitoring, transparency and accountability all along the supply and value chains; highlights that in its report, the Commission was able to identify 24 specific restrictions across 13 sectors , including some which bareach rules established by the Services Directive, including some which are discriminatory or are requirements on establishment or nationality4; discriminatory or are requirements on establishment or nationality4; acknowledges that the report shows an overall decrease in the level of barriers in almost all the sectors assessed; stresses that 'the objective of the exercise was to document the presence or absence of restrictions. The assessment of proportionality of restrictions was outside of the scope of the exercise and the exercise did not assess whether the relevant restriction was justified or proportionate.'4 a _________________ 4 Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, Mapping and assessment of legal and administrative barriers in the services sector, summary report, Brussels, April 2021. 4a https://op.europa.eu/en/publication- detail/-/publication/6d8d8858-a756-11eb- 9585-01aa75ed71a1/language-en
2021/09/08
Committee: IMCO
Amendment 106 #

2021/2043(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Points out that public services enjoy special protection in respect of the internal market rules because of the general interest role they fulfil and that, therefore, the rules set by the public authorities for their proper operation do not constitute non-tariff barriers; points out, in this regard, that social services and health services fall outside the scope of the Services Directive;
2021/09/08
Committee: IMCO
Amendment 110 #

2021/2043(INI)

Motion for a resolution
Paragraph 8
8. Recalls that a considerable number of problems with the cross-border provision of services stem from administrative practices introduced by the country of destination, and not from incompatibility with EU law;deleted
2021/09/08
Committee: IMCO
Amendment 118 #

2021/2043(INI)

Motion for a resolution
Paragraph 9
9. Recognises the insufficient use of the notification procedure under the Services Directive; calls onnotes the Commission to reflect on improving this framework, possibly by means of a new initiative which would increase clarity and transparency on the measures that need to be notified, whil's intention to update the Handbook on implementation of the Services Directive to incorporate aspects arising from the most recent case-law and to provide gremaining cautious in order to not undermine the Services Directive and avoiding the situation which led to the withdrawal of the previous proposalater clarity to the relevant national authorities on how to apply this legislation;
2021/09/08
Committee: IMCO
Amendment 124 #

2021/2043(INI)

Motion for a resolution
Paragraph 10
10. Stresses that barriers may also derive from limited national administration capabilities to provide services in other languages, and from shortages of skills and infrastructurein addition to the language required by the Member State of destination;
2021/09/08
Committee: IMCO
Amendment 127 #

2021/2043(INI)

Motion for a resolution
Paragraph 11
11. Welcomes the significant improvements to the free movement of goods in recent years thanks to regulations such as Regulation (EU) 2018/302 (‘Geo- blocking Regulation), Regulation (EU) 2019/1020 (‘Regulation on market surveillance and compliance of products’), and most importantly thanks to Regulation (EU) 2019/515 (‘Regulation on mutual recognition of goods’);; believes that thorough application of the principle of mutual recognition would efficiently advance the agenda of the single market, especially in the areas where difficulties remain recalls that the principle of mutual recognition applies only to non-harmonised goods and stresses the importance of top-down harmonisation in order to ensure a high level of product safety and consumer protection; believes that thorough application of the principle of mutual recognition and the instruments recently defined by Regulation (EU) 2019/2015 would benefit the economic operators concerned while preserving the ability of national authorities to act in the public interest; stresses in this connection that the Commission published guidelines on application thereof in March 2021 in order to raise awareness of the tools available to businesses and competent authorities;
2021/09/08
Committee: IMCO
Amendment 129 #

2021/2043(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Takes the view that the adoption and implementation of Regulation (EU) 2018/302 on geo-blocking has been beneficial for consumers in facilitating cross-border purchases; recalls, however, that certain obstacles persist, particularly in the provision of audiovisual services and content, and that this manifests itself in reduced consumer confidence in cross- border online shopping; calls on the Commission, as part of the evaluation report scheduled for 2022, to remove unjustified and ineffective geo-blocking and to strive to build a harmonised digital single market;
2021/09/08
Committee: IMCO
Amendment 130 #

2021/2043(INI)

Motion for a resolution
Paragraph 11 b (new)
11 b. Highlights the existence of discriminatory and anti-competitive practices such as territorial supply constraints, which constitute non-price barriers for companies and have a negative impact on consumers in terms of price and quality; calls on the Commission to take the appropriate measures to remedy this;
2021/09/08
Committee: IMCO
Amendment 131 #

2021/2043(INI)

Motion for a resolution
Paragraph 12
12. Considers that mutual recognition of professional qualification is seriously affected by administrative barriers imposed by Member States;deleted
2021/09/08
Committee: IMCO
Amendment 140 #

2021/2043(INI)

Motion for a resolution
Paragraph 13
13. Is concerned byDeplores the insufficient access to information on mobility of services, as well as by the burdensomthe conditions for providing services in a country and the applicable obligations and rules; calls for the procedures tofor obtaining essential documents such as the A1 form to be simplified as much as possible, particularly as part of a strategy for the digitisation of administrative procedures; underlines that access to information, such as on domestic collective agreements where applicable and relevant,and other conventions applicable in the country of origin should be improved to facilitate compliance for businesses;
2021/09/08
Committee: IMCO
Amendment 145 #

2021/2043(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Recalls that access to information is essential and must be made as easy as possible for users; takes the view that the measures taken to improve access to information on applicable rules and obligations for businesses as part of the 'Goods Package' are a welcome development in facilitating cross-border trade while maintaining a high level of consumer protection; calls for sufficient resources to be allocated for the establishment of 'one-stop shops';
2021/09/08
Committee: IMCO
Amendment 153 #

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; believes that digitalisation of public services and fully-fledged eGovernment capabilities remain essential to eradicate some of the onerous NTBbelieves that digitisation of public services and fully-fledged eGovernment capabilities remain essential to eradicate certain onerous NTBs; stresses the importance of developing and using interoperable and open- source eGovernment tools with a view to fostering the development of internationally compatible eGovernment procedures; 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 ‘once only’ principle, 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 161 #

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; takes the view that this requires greater awareness-raising of the existence of these dispute-resolution instruments;
2021/09/08
Committee: IMCO
Amendment 163 #

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 unnecessary restrictions on cabotage, and calls for the opening of the freight and passenger transport services sector within the EU;deleted
2021/09/08
Committee: IMCO
Amendment 176 #

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, which met for the first time in April 2020, has only delivered limited results; calls on the Commission to enhance SMET's transparency and 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 actions; stresses that SMET's work cannot have a purely businesses-based perspective, but must be supplemented by approaches grounded in social and environmental sustainability so as to ensure a holistic understanding of the proper functioning of the internal market;
2021/09/08
Committee: IMCO
Amendment 181 #

2021/2043(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to present an annual report regular report at least every two years on NTBs and establish an open and transparent database compiling specific national NTBs together with ongoing infringement procedures;
2021/09/08
Committee: IMCO
Amendment 187 #

2021/2043(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission and the Member States to consistently, speedily and rigorously assess whether national rules hinder the internal market, and where they do, to assess if they are necessary, proportional and justifiedare necessary, proportionate and justified, as stipulated by Directive (EU) 2015/1535 on the provision of information on technical regulations and Directive (EU) 2018/958 on access to regulated professions;
2021/09/08
Committee: IMCO
Amendment 192 #

2021/2043(INI)

Motion for a resolution
Paragraph 22
22. Recalls that throughout the regulatory lifecycle, Member States and the Commission must share the responsibility of ensuring that single market rules are complied with and that citizens’ rights are enforced, workers' and consumers' rights are enforced; stresses the need for harmonised rules EU-wide on the frequency and quality of checks and other market surveillance activities, particularly in respect of product safety, and for the promotion of tools for the exchange of information between national authorities with a view to strengthening cooperation in this area;
2021/09/08
Committee: IMCO
Amendment 196 #

2021/2043(INI)

Motion for a resolution
Paragraph 23
23. Points to the importance of surveillance, inspection and sanctioning by relevant authorities of economic operators who do not comply with legislation; stresses that not only is it essential to make use of instruments for market surveillance cooperation between national authorities and the Commission, but also to develop new ones to give advance warning of non-compliance problems that jeopardise consumer safety, in particular by providing increased supervision at European level;
2021/09/08
Committee: IMCO
Amendment 201 #

2021/2043(INI)

Motion for a resolution
Paragraph 24
24. Stresses the importance of monitoring, and therefore welcomes the Single Market Scoreboard as a performance monitoring tool; emphasises the need for a recurring debate on the outcomes of the Scoreboard at the highest political levels, ensuring political commitment to tackling the obstacles identifiedtakes the view that this monitoring tool should include qualitative components in addition to quantitative criteria, in other words it should take environmental and social indicators into account; emphasises the need for a recurring debate on the outcomes of the Scoreboard at the highest political levels, ensuring political commitment to tackling the obstacles identified not only from a business perspective, but also with regard to the challenges faced by workers, consumers and citizens, with due account for social and environmental policy considerations;
2021/09/08
Committee: IMCO
Amendment 208 #

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 since unilateral national measures were taken that restricted the free movement of essential goods, services and people, in particular cross-border workers; recalls the serious impact this has had on the free cross-border movement of goods and services as well as of workers;
2021/09/08
Committee: IMCO
Amendment 213 #

2021/2043(INI)

Motion for a resolution
Paragraph 26
26. Welcomes the NextGenerationEU recovery package, the EU guidelines for border management and free movement, 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; takes the view that the recovery must be paved by sustainable development, fair transition, social inclusion and the creation of quality jobs
2021/09/08
Committee: IMCO
Amendment 215 #

2021/2043(INI)

Motion for a resolution
Paragraph 27
27. Calls on the Commission and Member States to proactively use the lessons learned and to develop a response plan for emergencies and ensure a common response, which should aim to safeguard as far as possible the free movement of services and good, goods and persons, particularly cross-border workers;
2021/09/08
Committee: IMCO
Amendment 13 #

2021/2007(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Notes that consumers generally link GIs and TSGs to localised and extensive production, respectful of animal welfare; calls on the Commission to propose binding rules on the origin of ingredients and on environmental, social and animal welfare conditions in the framework of the revision of the corresponding legislation, in order to match the consumers’ perception of GIs and TSGs and to contribute to the goals of the European Green Deal;
2021/06/25
Committee: AGRI
Amendment 19 #

2021/2007(INI)

Draft opinion
Paragraph 3
3. Points out that promotion campaigns raise consumer awareness about these products, making it easy to identify their authenticity and, indirectly, to protect them against usurpation and imitations; calls on the Commission to strengthen GI and TSG promotional campaigns in the next revision of the corresponding legislation, including with the aim to increase local consumption, support short supply chains and a healthy, resilient and sustainable territorialised food systems ;
2021/06/25
Committee: AGRI
Amendment 36 #

2021/2007(INI)

Draft opinion
Paragraph 5
5. Considers it essential to protectdesign intellectual property rights to promotin a way that promotes sustainable innovation, in particular with the aim of introducing more resilient agricultural varieties to cope with climate change and achieve the objectives of the European Green Deal;, achieve a sustainable and agro-ecological farming model protective of natural resources, and achieve the objectives of the European Green Deal; highlights also the potential of non- protected reproductive material, like heterogeneous material and non- registered varieties, for better adapting crops to local soil and climatic conditions and to meet the growing needs of varieties adapted to organic farming, and calls on the Commission to give them a more solid legal status in the framework of the upcoming revision of the seed legislation:
2021/06/25
Committee: AGRI
Amendment 45 #

2021/2007(INI)

Draft opinion
Paragraph 6
6. Insists, however, that intellectual property rights should not lead to a reduction in the diversity of species and varieties and a loss of independence for farmers; also insists that farmers must remain the owners of their seeds and breeding material. highlights in that regard the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, and notably its article 19 on the right to seed; notes that patents have been linked to overconcentration of markets, notably in the seed sector in countries where they are predominantly used, leading to quasi-monopoles and higher prices for some crop species; also insists that farmers must remain the owners of their seeds and breeding material; in consequence, calls on the Commission to propose a change to Regulation (EC) No2100/94 in order to extend to all crops the so called farmers’ privilege in its article 14 (1); recalls that Directive 98/44/EC explicitly excludes from patentability animals and plant varieties obtained through essentially biological processes and remains vigilant concerning the strict implementation of this principle by the European Patent Office; points out that this ban includes conventional techniques for the breeding of plants and animals and the products obtained by these conventional techniques, as well as all plants and animals of the public domain, which constitute a common heritage for all;
2021/06/25
Committee: AGRI
Amendment 53 #

2021/2007(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Opposes any patenting of live animals;
2021/06/25
Committee: AGRI
Amendment 55 #

2021/2007(INI)

Draft opinion
Paragraph 6 b (new)
6 b. Highlights the importance of respecting the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization while designing intellectual property legislation for plants and animals, including for their genetic description and for gene banks, so that natural and collectively bred genetic resources are not appropriated by private actors;
2021/06/25
Committee: AGRI
Amendment 57 #

2021/2007(INI)

Draft opinion
Paragraph 6 c (new)
6 c. Points out that data on agriculture and farmland is of public interest but that farmers’ ownership, access to and control of their own farm data must be protected; notes that big data platforms in the agricultural sector are owned by a few large corporations, which enables them to have control over the market and a competitive advantage; highlights that small farmers are having to buy from these large corporations data that concerns their own farms if they want access to it, which poses risks to the privacy, profitability and independence of farmers, and to food security and sovereignty;
2021/06/25
Committee: AGRI
Amendment 59 #

2021/2007(INI)

Draft opinion
Paragraph 6 d (new)
6 d. Calls on the Commission to ensure that data collected or created with help of public funds stay public and are not appropriated by private companies;
2021/06/25
Committee: AGRI
Amendment 50 #

2021/0433(CNS)

Proposal for a directive
Recital 2
(2) In a continued effort to put an end to tax practices of MNEs which allow them to shift profits to jurisdictions where they are subject to no or very low taxation, the OECD has further developed a set of international tax rules to ensure that MNEs pay a fair share of tax wherever they operate. This major reform aims to put a floor on competition over corporate income tax rates through the establishment of a global minimum level of taxation. By removing a substantial part of the advantages of shifting profits to jurisdictions with no or very low taxation, the global minimum tax reform will level the playing field for businesses worldwide, enabling businesses to be taxed where they have real economic activities and allow jurisdictions to better protect their tax bases.
2022/03/30
Committee: ECON
Amendment 54 #

2021/0433(CNS)

Proposal for a directive
Recital 3
(3) This political objective has been translated into the Global Anti-Base Erosion Model Rules (GloBE Model Rules) approved on 14 December 2021 by the OECD/G20 Inclusive Framework on BEPS to which Member States have committed. In the Council Conclusions of 7 December 20218 , 1a,the Council reiterated its firm support of the global minimum tax reform and committed to a swift implementation of the agreement by means of Union legislation under article 20 TEU, articles 115 or 116 TFEU. In this context, it is essential that Member States effectively implement their commitment to achieve a global minimum level of taxation. _________________ 81a Council Conclusions 14767/21 of 7 December 2021
2022/03/30
Committee: ECON
Amendment 55 #

2021/0433(CNS)

Proposal for a directive
Recital 3 a (new)
(3 a) It is neither possible, nor indeed desirable, to enforce uniformity in the interpretation and application of the GloBE worldwide. Divergences are inevitable, and can and should be tolerated, as long as they do not detract from the effectiveness of the GloBE in achieving its intended outcomes. This applies in particular to the agreed minimum rate of15%. The average global statutory corporate tax rate is now 25%, and it remains higher in regions such as Africa and South America. The global average has declined steadily from a rate of 46% in 1980. The proposed minimum ETR of 15%,even if effectively implemented, will continue to provide a strong incentive for businesses to shift profits. The 15% rate now agreed should be regarded as the absolute floor, and not a ceiling. It is therefore that the Union is setting a higher rate.
2022/03/30
Committee: ECON
Amendment 56 #

2021/0433(CNS)

Proposal for a directive
Recital 4
(4) In a Union of closely integrated economies, it is crucial that the global minimum tax reform is implemented in a sufficiently coherent and coordinated fashion. Considering the scale, detail and technicalities of those new international tax rules, only a common Union framework would prevent a fragmentation of the internal market in the implementation of them. Moreover, a common framework, designed to be compatible with the fundamental freedoms guaranteed by the Treaty, would provide taxpayers with legal certainty when implementing the rules and provides the opportunity to apply the rules differently and more ambitiously within the EU.
2022/03/30
Committee: ECON
Amendment 58 #

2021/0433(CNS)

Proposal for a directive
Recital 5
(5) It is necessary to lay down rules in order to establish an efficient and coherent framework for the global minimum level of taxation at Union level. The framework creates a system of two interlocked rules, together referred to as the GloBE rules, through which an additional amount of tax called a top-up tax should be collected each time that the effective tax rate (ETR) of an MNE in a given jurisdiction is below the 1521 %. In such case, the jurisdiction is considered to be low-taxed. Those two rules are called the Income Inclusion Rule (IIR) and the Undertaxed Payment Rule (UTPR). Under this system, the parent entity of an MNE located in a Member State has the obligation to apply the IIR to its share of top-up tax relating to any entity of the group that is low-taxed, whether this is located within or outside the Union. The UTPR should act as a backstop to the IIR through a reallocation of any residual amount of top-up tax in cases where not the entire amount of top-up tax relating to low-taxed entities could be collected by parent entities through the application of the IIR.
2022/03/30
Committee: ECON
Amendment 63 #

2021/0433(CNS)

Proposal for a directive
Recital 6
(6) It is necessary to implement the GloBE Model Rules agreed by the Member States in a way that it remains as close as possiblecoherent to the global agreement. This Directive closegenerally follows the content and structure of the GloBE Model Rules but diverges in certain aspects, amongst others for the application of certain rules in the Union. To ensure compatibility with primary Union law, and more precisely with the freedom of establishment, the rules of this Directive should apply to entities resident in a Member State as well as non-resident entities of a parent entity located in that Member State. This Directive should also apply to very large-scale, purely domestic groups. In this way, the legal framework would be designed to avoid any risk of discrimination between cross-border and domestic situations. All entities, including the parent entity that applies the IIR, which are located in a Member State that is low- taxed, would be subject to the top-up tax. Equally, constituent entities of the same parent entity that are located in another Member State, which is low-taxed, would be subject to the top-up tax.
2022/03/30
Committee: ECON
Amendment 66 #

2021/0433(CNS)

Proposal for a directive
Recital 7
(7) While it is necessary tTo ensure that tax avoidance practices are discouraged, adverse impacts on smaller MNEs in the internal market should be avoided. For this purpose, this Directive should only applythis Directive allows Member States to apply the IIR to entities located in the Union that are members of MNE groups or large-scale domestic groups that meet the annual threshold of at least EUR 750 000 000 or lower of consolidated revenue. This threshold wMember States could be consistent withder to lower the threshold of existing international tax rules such as the country-by-country reporting rules9 to EUR 40 000 000 in view of the Directive 2013/34/EU. Entities within the scope of this Directive are referred to as constituent entities. Certain entities should be excluded from the scope based on their particular purpose and status. Excluded entities would be those that are not profit-driven and perform activities in the general interest and which are, for these reasons, not likely to be subject to tax in the Member State in which they are located. In order to protect those specific interests, it is necessary to exclude from the scope of the Directive governmental entities, international organisations, non-profit organisations and pension funds from the scope of this Directive. Investment funds and real estate investment vehicles should also be excluded from the scope when they are at the top of the ownership chain, since, for those so-called flow-through entities, the income earned is taxed at the level of the owners. _________________ 9 Council Directive (EU) 2016/881 of 25 May 2016 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation, OJ L 146/8 (3 Jun. 2016) [DAC 4].
2022/03/30
Committee: ECON
Amendment 70 #

2021/0433(CNS)

(12) The ETR of an MNE group in each jurisdiction where it carries out activities or of a large-scale domestic group should be compared to the agreed minimum tax rate of at least 215 % in order to determine whether the MNE group or large-scale domestic group is liable to pay a top-up tax and consequently should apply the IIR or the UTPR. The minimum tax rate of 15 % agreed by the OECD/G20 Inclusive Framework on BEPS reflects a balance amongst corporate tax rates worldwideis a minimum standard. Opting for a higher rate does not undermine the coherence of the Union’s legislation with the international agreement. In cases where the ETR of an MNE group falls below the minimum tax rate in a given jurisdiction, the top-up tax should be allocated to the entities in the MNE group that are liable to pay the tax in accordance with the application of the IIR and the UTPR, in order to comply with the globally agreed minimum effective rate of 15 at least 21%. In cases where the ETR of a large- scale domestic group falls below the minimum tax rate, the UPE at the top of the large- scale domestic group should apply the IIR in respect of its low-taxed constituent entities, in order to ensure that such group is liable to pay tax at an effective minimum rate of 15 %as defined by the relevant jurisdiction.
2022/03/30
Committee: ECON
Amendment 75 #

2021/0433(CNS)

Proposal for a directive
Recital 13
(13) In order to allow Member States to benefit from the top-up tax revenues collected on their low-taxed constituent entities located in their territory, Member States should be able to electhave the option to apply a domestic top-up tax system. Constituent entities of an MNE group that are located in a Member State which has elected to implement rules equivalcoherent to the IIR and the UTPR as designed in this directive in their own domestic tax system should pay the top-up tax to this Member State. While leaving Member States some flexibility in the technical implementation of the domestic top-up tax system, such system should ensure the minimum effective taxation of the qualifying income or loss of the constituent entities in the same, or in an equivalent manner, to the IIR and UTPR of this DirectiveGiven the risks of circumvention related to the effective collection of the domestic top-up tax, the Code of Conduct Group on Business Taxation should monitor its application carefully. The Commission should provide assistance in that regard.
2022/03/30
Committee: ECON
Amendment 78 #

2021/0433(CNS)

Proposal for a directive
Recital 14
(14) To ensure a proportionate approach, this exercise should take into consideration certain specific situations in which BEPS risks are reduced. Therefore, the Directive should includes a substance carve-out based on the costs associated with employees and the value of tangible assets in a givenfor jurisdiction. This would allow to address, to a certain extent, situations where an MNE group or a large-scale domestic group carries out economic activities which require material presence in a low-taxed jurisdiction as in such case BEPS practices would be unlikely to flourish. The specific case of MNE groups that are at the first stages of their international activity should also be considered in order not to discourage the development of cross-border activities for MNE groups that benefit from low taxation in their domestic jurisdiction where they are predominantly operating. Thus, the low- taxed domestic activities of such groups should be excluded from the application of the rules for a transitional period of five years, and provided that the MNE group does not have constituent entities in more than six other jurisdictions. In order to ensure equal treatment for large-scale domestic groups, the income from the activities of such groups should also be excluded for a transitional period of five yearstside of the Union. This to remain in coherence and respect the OECD/G20 Inclusive Framework agreement.
2022/03/30
Committee: ECON
Amendment 81 #

2021/0433(CNS)

Proposal for a directive
Recital 15
(15) Due to its highly volatile nature and the long economic cycle of this industry, the shipping sector is traditionally subject to alternative or supplementary taxation regimes in Member States. To avoid undermining that policy rationale and allow Member States to continue applying a specific tax treatment to the shipping sector in line with international practice and State aid rules, shipping income should be excluded from the system.deleted
2022/03/30
Committee: ECON
Amendment 84 #

2021/0433(CNS)

Proposal for a directive
Recital 16
(16) In order to achieve a balance between the objectives of the global minimum tax reform and the administrative burden for tax administrations and taxpayers,To respect and in coherence with the OECD/G20 Inclusive Framework agreement this Directive should provides for a de minimis exclusion for MNE groups or large-scale domestic groups that have an average revenue of less than EUR 10 000 000 and an average qualifying income or loss of less than EUR 1 000 000 in a jurisdiction outside of the Union. Such MNE groups or large-scale domestic groups should not pay a top-up tax even if their ETR is below the minimum tax rate in that jurisdiction outside of the Union.
2022/03/30
Committee: ECON
Amendment 86 #

2021/0433(CNS)

Proposal for a directive
Recital 17
(17) The application of the rules of this Directive to MNE groups and large-scale domestic groups that fall within its scope for the first time could give rise to distortions resulting from the existence of tax attributes, including losses from prior fiscal years, or from timing differences, and require transitional rules to eliminate such distortions. A gradual decrease of the rates for the payroll and the tangible assets carve-outs over ten years should also apply to allow a smooth transition to the new tax system.deleted
2022/03/30
Committee: ECON
Amendment 88 #

2021/0433(CNS)

Proposal for a directive
Recital 18
(18) For an efficient application of the system, it is crucial that procedures are coordinated at a group level. It will be necessary to operate a system ensuring the unobstructed flow of information within the MNE group and towards tax administrations where constituent entities are located. The primary responsibility of filing the information return should lie on the constituent entity itself. A waiver of such responsibility should however apply where the MNE group has designated another entity to file and share the information return. It could be either a local entity or an entity from another jurisdiction that has a competent authority agreement in place with the Member State of the constituent entity. In the first twelve- months after its entry into force, the Commission should review this Directive, via relevant delegated acts, in line with the agreement reached by the Inclusive Framework on filing requirements under the GloBE implementation framework. Considering the compliance adjustments that this system requires, groups that fall within the scope of this Directive for the first time should be granted a period of 18 months to comply with the information requirements.
2022/03/30
Committee: ECON
Amendment 90 #

2021/0433(CNS)

(19) Considering the benefits of transparency in the field of tax, it is encouraging that a significant amount of information will be filed with the tax authorities in all the participating jurisdictions. MNE groups within the scope of this Directive should be obliged to provide comprehensive and detailed information on their profits and effective tax rate in every jurisdiction where they have constituent entities. Such extensive reporting could be expected to increase transparency. More transparency in financial disclosure results in benefits for tax administration and more tax certainty for taxpayers. In that context, Council Directive 2011/16/EU2a will play a role in facilitating the implementation of this Directive and the future revision of Directive 2011/16/EU will be subject to an impact assessment to be carried out before 31 December 2022. _________________ 2a Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64, 11.3.2011, p.1).
2022/03/30
Committee: ECON
Amendment 91 #

2021/0433(CNS)

Proposal for a directive
Recital 19 a (new)
(19 a) The monitoring of potentially harmful and distortive measures that aim to compensate for the potential increase in corporate income tax should be ensured via an update of the state aid rules.
2022/03/30
Committee: ECON
Amendment 92 #

2021/0433(CNS)

Proposal for a directive
Recital 19 b (new)
(19 b) The Code of Conduct Group should continuously monitor the development of the accounting standards and their application for minimum tax purposes. If necessary, it shall make proposals to adjust the profit determination rules.
2022/03/30
Committee: ECON
Amendment 96 #

2021/0433(CNS)

Proposal for a directive
Recital 20
(20) The effectiveness and fairness of the global minimum tax reform heavily relies on its worldwide implementation. It will thus be vital that all major trading partners of the Union apply either a qualified IIR or an equivalent set of rules on minimum taxation. In this context, and in support of legal certainty and efficiency of the global minimum tax rules, it is important to further delineate the conditions under which the rules implemented in a third country jurisdiction which will not transpose the minimum rules of the global agreement can be granted equivalence to a qualified IIR. To this end, this Directive should provide for an assessment, by the Commission, of the equivalence criteria based on certain parameters together with a listing of third country jurisdictions that meet the equivalence criteria. This list would be modified, through a delegated act, following any subsequent assessment of the legal framework implemented by a third country jurisdiction in its domestic law.
2022/03/30
Committee: ECON
Amendment 97 #

2021/0433(CNS)

Proposal for a directive
Recital 21 a (new)
(21 a) The GloBE Model Rules are likely to be modified, , in particular the rules relating to safe harbours that aim to simplify filing requirements for constituent entities, for which this Directive should ensure the adequate safeguard for control. Therefore, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to ensure this Directive remains aligned with the international commitments of Member States.
2022/03/30
Committee: ECON
Amendment 100 #

2021/0433(CNS)

Proposal for a directive
Recital 23
(23) The objective of this Directive, to create a common framework for a global minimum level of taxation within the Union on the basis of the common approach contained in the GloBE Model Rules, cannot sufficiently be achieved by each Member State acting alone. Independent action by Member States would further risk creating ao avoid fragmentation of the internal market. As it is critical to adopt solutions that function for the internal market as a whole, this objective can, by reason of the scale of the global minimum tax reform, be better achieved at Union level. The Union may therefore adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union.
2022/03/30
Committee: ECON
Amendment 102 #

2021/0433(CNS)

Proposal for a directive
Recital 23 a (new)
(23 a) A review clause is introduced in this Directive in order to assess and reconsider certain exemptions and derogations, in particular regarding distribution tax systems and substance- based income exclusion, the relevance of the threshold for MNE Group and large- scale domestic firms in scope and the impact on tax revenues on developing countries. A review clause would be an opportunity to integrate further modification of the GloBE Model rules into EU law if necessary.
2022/03/30
Committee: ECON
Amendment 108 #

2021/0433(CNS)

Proposal for a directive
Article 2 – paragraph 1
1. This Directive shall apply to constituent entities located in the Union that are members of an MNE group or a large-scale domestic group which has an annual revenue of EUR 750 000 000 or more in its consolidated financial statements in at least of the last fiscal year. Each Member State may apply an income inclusion rule in accordance with this Directive also two of the last four consecutive fiscal yearsMNE groups which have annual revenues above a nationally defined lower threshold if the ultimate parent entity is tax resident in this Member State. The same threshold shall then apply to large-scale domestic groups of this Member State.
2022/03/30
Committee: ECON
Amendment 112 #

2021/0433(CNS)

Proposal for a directive
Article 2 – paragraph 2
2. Where one or more of the fourthe fiscal years referred to in paragraph 1 is longer or shorter than 12 months, the annual revenue referred to in that paragraph shall be adjusted proportionally for each of those fiscal years.
2022/03/30
Committee: ECON
Amendment 113 #

2021/0433(CNS)

Proposal for a directive
Article 2 – paragraph 3 – point a
(a) a governmental entity, an international organisation, a non-profit organisation, a pension fund, an investment entity that is an ultimate parent entity and a real estate investment vehicle that is an ultimate parent entity; or;
2022/03/30
Committee: ECON
Amendment 117 #

2021/0433(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 12
(12) ‘minimum tax rate’ means fifteen at least twenty-one percent (215 %);
2022/03/30
Committee: ECON
Amendment 123 #

2021/0433(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 23 – point a
(a) provides for the determination of the excess profits of the constituent entities located in that jurisdiction in accordance with the rules laid down in this Directive and the application of the minimum tax rate to those excess profits for the jurisdiction and the constituent entities in accordance with the rules laid down in this Directive; and.
2022/03/30
Committee: ECON
Amendment 124 #

2021/0433(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 23 – point b
(b) is implemented and administered in a way that is consistent with the rules laid down in this Directive and does not allow the jurisdiction to provide any benefits that are related to those rules;deleted
2022/03/30
Committee: ECON
Amendment 127 #

2021/0433(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 32
(32) ‘qualified refundable tax credit’ means: (a) a refundable tax credit designed in such a way that it is payable as a cash payment or a cash equivalent to a constituent entity within four years from the date when the constituent entity is entitled to receive the refundable tax credit under the laws of the jurisdiction granting the credit; or (b) if the tax credit is refundable in part, the portion of the refundable tax credit that is payable as a cash payment or a cash equivalent to a constituent entity within four years from the date when the constituent entity is entitled to receive the partial refundable tax credit;deleted
2022/03/30
Committee: ECON
Amendment 133 #

2021/0433(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 38 a (new)
(38 a) The Commission may adopt implementing acts in accordance with Article 52 in order to laydown definitions of more concepts, or to modify any of the above definitions other than the one for the ‘minimum tax rate’, especially in the light of future refinements or clarification of the GloBE Model Rules.
2022/03/30
Committee: ECON
Amendment 135 #

2021/0433(CNS)

Proposal for a directive
Article 4 – paragraph 1 – introductory part
1. A constituent entity other than a flow-through entity shall be deemed to be located in the jurisdiction where it is considered as resident for tax purposes based on its place of effective management, place of creation or similar criterianamely the place where key management and commercial decisions that are necessary for the conduct of business in that jurisdiction are taken, or similar criteria reflecting real economic activities.
2022/03/30
Committee: ECON
Amendment 138 #

2021/0433(CNS)

Proposal for a directive
Article 4 a (new)
Article 4 a Anti Avoidance Rules 1. For the purposes of calculating the top- up tax to be levied under the rules of this Directive, a Member State shall disregard an arrangement or a series of arrangements which, having been put in place for the essential purpose of obtaining a tax advantage that defeats the object or purpose of this Directive, are not genuine, having regard to all relevant facts and circumstances. An arrangement may comprise more than one step or part. 2. For the purposes of paragraph 1, an arrangement or a series thereof shall be regarded as non-genuine to the extent that they are not put in place for valid commercial reasons that reflect economic reality. 3. Arrangements or a series thereof that are disregarded in accordance with paragraph 1 shall be treated, for the purpose of calculating the tax base, by reference to their economic substance. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 52 in order to lay down more detailed rules against tax avoidance, especially in the light of future refinements of the GloBE Model Rules.
2022/03/30
Committee: ECON
Amendment 141 #

2021/0433(CNS)

Proposal for a directive
Article 10 – paragraph 2
2. Where a parent entity of an MNE Group is located in a Member State, and its directly or indirectly held low-taxed constituent entities located in another Member State or in a third country jurisdiction are subject to a qualified domestic top-up tax for the fiscal year in that jurisdiction, the amount of any top- up tax computed in accordance with Article 26 due by the parent entity pursuant to Articles 5, 6 and 7 shall be reduced, up to zero, by the amount of top- up tax due by those constituent entities.deleted
2022/03/30
Committee: ECON
Amendment 142 #

2021/0433(CNS)

Proposal for a directive
Article 10 – paragraph 3
3. Where the amount of qualified domestic top-up tax taken into consideration in the computation of the jurisdictional top-up tax in accordance with Article 26 for a fiscal year has not been fully paid within the three following fiscal years, the amount of domestic top- up tax that was not paid shall be added to the jurisdictional top-up tax computed in accordance with Article 26(3).deleted
2022/03/30
Committee: ECON
Amendment 144 #

2021/0433(CNS)

Proposal for a directive
Article 10 – paragraph 4
4. Member States that elect to apply a domestic top-up tax shall notify the Commission of this election within four months following the adoption of their national laws, regulations and administrative provisions necessary to comply with this Directive.
2022/03/30
Committee: ECON
Amendment 147 #

2021/0433(CNS)

Proposal for a directive
Article 13 – paragraph 8 a (new)
8 a. The Commission may, by means of implementing acts, further specify the meaning of the terms used in paragraphs 5 and 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 52a ;
2022/03/30
Committee: ECON
Amendment 148 #

2021/0433(CNS)

Proposal for a directive
Article 13 – paragraph 8 b (new)
8 b. The Commission is empowered to adopt delegated acts in accordance with Article 52 in order to modify the formula of paragraph 5, so as to accommodate for a corresponding change of the GloBE model rules.
2022/03/30
Committee: ECON
Amendment 152 #

2021/0433(CNS)

Proposal for a directive
Article 15 – paragraph 3
3. At the election of the filing constituent entity, the amount of stock- based compensation expense that has been allowed as a deduction for tax purposes by a constituent entity for a fiscal year may be deducted from the financial accounting net income or loss of that constituent entity for the computation of its qualifying income or loss for the same fiscal year. Where the option to use the stock-options has not been exercised, the amount of stock-based compensation expense that has been deducted from the financial accounting net income or loss of the constituent entity for the computation of its qualifying income or loss for a fiscal year shall be added back in the fiscal year in which the option has expired. Where part of the amount of stock-based compensation expense has been accrued in the financial accounts of the constituent entity in fiscal years prior to the fiscal year in which the election is made, an amount equal to the difference between the total amount of stock-based compensation expense that has been deducted for the computation of its qualifying income or loss in those previous fiscal years and the total amount of stock-based compensation expense that would have been deducted for the computation of its qualifying income or loss in those previous fiscal years if the election had been made in such fiscal years, shall be included in the computation of the qualifying income or loss of the constituent entity for that fiscal year. The election shall be made in accordance with Article 43(1) and shall apply consistently to all constituent entities located in the same jurisdiction for the year in which the election is made and all subsequent fiscal years. In the fiscal year in which the election is revoked, the amount of unpaid stock- based compensation expense that exceeds the financial accounting expense accrued shall be included for the computation of the qualifying income or loss of the constituent entity.deleted
2022/03/30
Committee: ECON
Amendment 153 #

2021/0433(CNS)

Proposal for a directive
Article 15 – paragraph 5
5. Qualified refundable tax credits shall be treated as income for the computation of the qualifying income or loss of a constituent entity. Refundable tax credits that do not meet the definition of a qualified refundable tax credit as set out in Article 3, point (32)Refundable tax credits shall not be treated as income for the computation of the qualifying income or loss of a constituent entity.
2022/03/30
Committee: ECON
Amendment 155 #

2021/0433(CNS)

Proposal for a directive
Article 15 – paragraph 11 a (new)
11 a. The Commission may adopt delegated acts in accordance with Article 52 in order to modify any of the definitions of paragraph 1, or to amend any of the items for which adjustments are provided for under paragraphs 2, 3, 6, 7, 10 and 11, especially in the light of future refinements of the GloBE Model Rules.
2022/03/30
Committee: ECON
Amendment 157 #

2021/0433(CNS)

Proposal for a directive
Article 16
[...]deleted
2022/03/30
Committee: ECON
Amendment 159 #

2021/0433(CNS)

Proposal for a directive
Article 19 – paragraph 1 – point c
(c) taxes imposed in lieu of a generally applicable corporate income tax, understood as alternatives to corporate income tax such as alternative minimum taxes; and
2022/03/30
Committee: ECON
Amendment 160 #

2021/0433(CNS)

Proposal for a directive
Article 19 – paragraph 1 – point d a (new)
(d a) the top-up tax accrued by a constituent entity under a qualified domestic top-up tax.
2022/03/30
Committee: ECON
Amendment 161 #

2021/0433(CNS)

Proposal for a directive
Article 19 – paragraph 2 – point b
(b) the top-up tax accrued by a constituent entity under a qualified domestic top-up tax;deleted
2022/03/30
Committee: ECON
Amendment 163 #

2021/0433(CNS)

Proposal for a directive
Article 19 – paragraph 3 a (new)
3 a. The Commission may, by means of implementing acts, further specify the meaning of the terms used in paragraph 1. The implementing acts referred to in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 52a.
2022/03/30
Committee: ECON
Amendment 164 #

2021/0433(CNS)

Proposal for a directive
Article 20 – paragraph 2 – point d
(d) the amount of credit or refund in respect of a qualified refundable tax credit that was accrued as a reduction to the tax expense.deleted
2022/03/30
Committee: ECON
Amendment 165 #

2021/0433(CNS)

Proposal for a directive
Article 20 – paragraph 3 – point b
(b) the amount of credit or refund in respect of a refundable tax credit that is not a qualified refundable tax credit that was not accrued as a reduction to the tax expense;
2022/03/30
Committee: ECON
Amendment 166 #

2021/0433(CNS)

Proposal for a directive
Article 20 – paragraph 3 – point c
(c) the amount of covered taxes refunded or credited to a constituent entity that was not treated as an adjustment to tax expense, unless it relates to a qualified refundable tax credit ;
2022/03/30
Committee: ECON
Amendment 171 #

2021/0433(CNS)

Proposal for a directive
Article 21 – paragraph 8 – point c
(c) research and development expenses;deleted
2022/03/30
Committee: ECON
Amendment 173 #

2021/0433(CNS)

Proposal for a directive
Article 21 – paragraph 8 – point e
(e) fair value accounting on unrealized net gains;deleted
2022/03/30
Committee: ECON
Amendment 174 #

2021/0433(CNS)

Proposal for a directive
Article 21 – paragraph 8 a (new)
8 a. The Commission is empowered to adopt delegated acts in accordance with Article 52 to amend any of the items to which an exception accrual applies under paragraph 8, especially in the light of future refinements of the GloBE Model Rules.
2022/03/30
Committee: ECON
Amendment 176 #

2021/0433(CNS)

Proposal for a directive
Article 25 – paragraph 2 – subparagraph 2 – point a
(a) the qualifying income of the constituent entities is the sum of the qualifying income of all constituent entities located in the jurisdiction determined in accordance with Chapter III, taking into account, where applicable, the international shipping income exclusion in accordance with Article 16;
2022/03/30
Committee: ECON
Amendment 178 #

2021/0433(CNS)

Proposal for a directive
Article 26 – paragraph 3 – introductory part
3. The jurisdictional top-up tax for a fiscal year shall be computed in accordance with the following formula: Jurisdictional top – up tax = (top up tax percentage x excess profit) + additional top – up tax
2022/03/30
Committee: ECON
Amendment 179 #

2021/0433(CNS)

Proposal for a directive
Article 26 – paragraph 3 – subparagraph 2 – point b
(b) the domestic top-up tax is the amount of tax as determined in accordance with Article 10.deleted
2022/03/30
Committee: ECON
Amendment 181 #

2021/0433(CNS)

Proposal for a directive
Article 27 – paragraph 1 – point a
(a) ‘eligible employees’ means full- time or part-time employees of a constituent entity and independent contractors participating in the ordinary operating activities of the MNE group under the direction and control of the MNE Group;
2022/03/30
Committee: ECON
Amendment 182 #

2021/0433(CNS)

Proposal for a directive
Article 27 – paragraph 2
2. Unless a non-European filing entity of an MNE group elects not to apply the substance- based income exclusion, the net qualifying income for a jurisdiction shall be reduced, for the purpose of calculating the top-up tax, by an amount equal to the sum of the payroll carve-out and the tangible asset carve-out for each constituent entity located in the jurisdiction.
2022/03/30
Committee: ECON
Amendment 183 #

2021/0433(CNS)

Proposal for a directive
Article 27 – paragraph 2 a (new)
2 a. The substance-based income exclusion does not apply for constituent entites in the European Union.
2022/03/30
Committee: ECON
Amendment 185 #

2021/0433(CNS)

Proposal for a directive
Article 27 – paragraph 3 – introductory part
3. The payroll carve-out of a constituent entity located in a jurisdiction outside of the European Union shall be equal to 5 % of its eligible payroll costs of eligible employees who perform activities for the MNE group in such jurisdiction, with the exception of eligible payroll costs that are:
2022/03/30
Committee: ECON
Amendment 186 #

2021/0433(CNS)

Proposal for a directive
Article 27 – paragraph 3 – point a
(a) capitalised and included in the eligible tangible asset carve-out base; and
2022/03/30
Committee: ECON
Amendment 187 #

2021/0433(CNS)

Proposal for a directive
Article 27 – paragraph 3 – point b
(b) attributable to income that is excluded in accordance with Article 16.deleted
2022/03/30
Committee: ECON
Amendment 188 #

2021/0433(CNS)

Proposal for a directive
Article 27 – paragraph 4 – point b
(b) the carrying value of tangible assets used to derive income that is excluded in accordance with Article 16.deleted
2022/03/30
Committee: ECON
Amendment 189 #

2021/0433(CNS)

Proposal for a directive
Article 27 – paragraph 9 a (new)
9 a. The Commission may, by means of implementing acts, further specify the meaning of the terms used in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 52a.
2022/03/30
Committee: ECON
Amendment 191 #

2021/0433(CNS)

Proposal for a directive
Article 29 – paragraph 1 – introductory part
1. By way of derogation from Articles 25 to 28, at the election of the filing constituent entity, the top-up tax due for the constituent entities located in a jurisdiction outside of the European Union shall be equal to zero for a fiscal year if, for such fiscal year:
2022/03/30
Committee: ECON
Amendment 193 #

2021/0433(CNS)

Proposal for a directive
Article 31 – paragraph 4 – introductory part
4. Where a single MNE group demerges into two or more groups (each a “demerged group”), the consolidated revenue threshold shall be deemed to be met by each demerged group under all circumstances for at least six years following the demerger and if it reports:
2022/03/30
Committee: ECON
Amendment 194 #

2021/0433(CNS)

Proposal for a directive
Article 35 – paragraph 1 – point c – introductory part
(c) 'dual-listed arrangement’ means an arrangement entered into by two or more ultimate parent entities of separate groups undefor which any one or more of the following apply :
2022/03/30
Committee: ECON
Amendment 197 #

2021/0433(CNS)

Proposal for a directive
Article 38 – paragraph 5
5. The outstanding balance, if any, of the deemed distribution tax recapture account at the end of the fourththird fiscal year after such account was established, shall be treated as a reduction to the adjusted covered taxes in accordance with Article 28(1) for the fiscal year in which such account was established.
2022/03/30
Committee: ECON
Amendment 199 #

2021/0433(CNS)

Proposal for a directive
Article 42 – paragraph 7 a (new)
7 a. When no constituent entity has been appointed by other constituent entities of the MNE group, the designated local entity in charge of filing the top-up tax information shall be the largest entity of the MNE group located in the same Member State in terms of annual revenues for the last two consecutive years.
2022/03/30
Committee: ECON
Amendment 201 #

2021/0433(CNS)

Proposal for a directive
Article 42 – paragraph 7 b (new)
7 b. The Commissions hall by means of a delegated act, and if necessary a legislative proposal, propose the measures necessary to implement the filing obligations under this Directive and ensure the necessary exchange of information.
2022/03/30
Committee: ECON
Amendment 202 #

2021/0433(CNS)

1. The election referred to in Articles 2(3), 15(3), 15(6), 15(9), 40(4) and 41(5) shall be valid for a period of five years, starting from the year in which the election is made. The election shall be renewed automatically unless the filing constituent entity revokes the election at the end of the five-year period. A revocation of the election shall be valid for a period of five yearspermanent, starting from the year in which the revocaelection is made.
2022/03/30
Committee: ECON
Amendment 203 #

2021/0433(CNS)

Proposal for a directive
Article 44 – paragraph 1
1. Member States shall lay down rules on penalties applicable to breaches of national rules adopted pursuant to this Directive, and shall take all necessary measures to ensure that they are effectively applied. The penalties provided for shall be effective, proportionate and dissuasive.
2022/03/30
Committee: ECON
Amendment 207 #

2021/0433(CNS)

Proposal for a directive
Article 44 – paragraph 2
2. A constituent entity that does not comply with the requirement to file a top- up tax information return pursuant to Article 42 for a tax year within the prescribed deadline or makes a false declaration shall be charged an administrative pecuniary penalty amounting to 510 % of its turnover in the relevant fiscal year. This penalty shall only apply after the constituent entity has not provided the top-up tax information return pursuant to Article 42, following any reminder issued, within a period of 6 months.
2022/03/30
Committee: ECON
Amendment 212 #

2021/0433(CNS)

Proposal for a directive
Article 46
1. For the purpose of Article 27(3), the value of 5 % shall be replaced with the values set out in the following table: [...] 2. For the purpose of applying Article 27(4), the value of 5 % shall be replaced the values set out in the following table: [...]Article 46 deleted Transitional relief for the substance- based income exclusion
2022/03/30
Committee: ECON
Amendment 214 #

2021/0433(CNS)

Proposal for a directive
Article 47
Exclusion from the IIR and UTPR of MNE groups in the initial phase of their 1. The top-up tax due by an ultimate parent entity located in a Member State in accordance with Article 5(2) shall be reduced to zero in the first five years of the initial phase of the international activity of the MNE group notwithstanding the requirements laid down in Chapter V. 2. Where the ultimate parent entity of an MNE group is located in a third country jurisdiction, the top-up tax due by a constituent entity located in a Member State in accordance with Article 13(2) shall be reduced to zero in the first five years of the initial phase of the international activity of that MNE group notwithstanding the requirements laid down in Chapter V. 3. An MNE group shall be considered to be in the initial phase of its international activity if: (a) it has constituent entities in no more than six jurisdictions; and (b) the sum of the net book value of the tangible assets of all the constituent entities of the MNE group other than the constituent entities located in the reference jurisdiction does not exceed EUR 50 000 000. For the purpose of point (b), reference jurisdiction means the jurisdiction in which the constituent entities of the MNE group have the highest sum of the net book value of tangible assets in the fiscal year in which the MNE group falls within the scope of this Directive for the first time. 4. The period of five fiscal years referred to in paragraphs 1 and 2 shall start from the beginning of the fiscal year in which the MNE group falls within the scope of this Directive for the first time. For MNE groups that are within the scope of this Directive when it enters into force, the five-year period referred to in paragraph 1 shall start on 1 January 2023. For MNE groups that are within the scope of this Directive when it enters into force, the five-year period referred to in paragraph 2 shall start on 1 January 2024. 5. The ultimate parent entity shall inform the tax administration of the Member State in which it is located of the start of the initial phase of itsArticle 47 deleted international activity.
2022/03/30
Committee: ECON
Amendment 229 #

2021/0433(CNS)

Proposal for a directive
Article 50
1. The top-up tax due by an ultimate parent entity located in a Member State in accordance with Article 49 shall be reduced to zero in the first five fiscal years, starting from the first day of the fiscal year in which the large-scale domestic group falls within the scope of this Directive for the first time. 2. For large-scale domestic groups that are in scope of this Directive when it enters into force, the five-year period abovementioned shall start on 1 January 2023.Article 50 deleted Transitional rules
2022/03/30
Committee: ECON
Amendment 234 #

2021/0433(CNS)

Proposal for a directive
Article 51 – paragraph 1 – point b
(b) it establishes a minimum effective tax rate of at least 215 % below which a constituent entity is considered as low- taxed;
2022/03/30
Committee: ECON
Amendment 237 #

2021/0433(CNS)

Proposal for a directive
Article 52 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 51(3), 4a(4), 13(8b),15(11a), 21(8a), and 42(7b) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Directive.
2022/03/30
Committee: ECON
Amendment 238 #

2021/0433(CNS)

Proposal for a directive
Article 52 – paragraph 5
5. A delegated act adopted pursuant to Article 51(3)paragraph 2 shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council.
2022/03/30
Committee: ECON
Amendment 239 #

2021/0433(CNS)

Proposal for a directive
Article 52 a (new)
Article 52 a Commitee Procedure 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No182/2011. 2. Where reference is made to this paragraph, Article5 of Regulation (EU) No 182/2011 shall apply.
2022/03/30
Committee: ECON
Amendment 249 #

2021/0433(CNS)

Proposal for a directive
Article 54 a (new)
Article 54 a Delimitation clause 1. This Directive shall not affect the application of domestic or agreement- based provisions on controlled foreign company rules within the meaning of Article 7 of Council Directive (EU)2016/1164, including the right of Member States under Article 3 of said Directive to adopt provisions aimed at safeguarding a higher level of protection for domestic corporate tax bases, especially where stricter controlled foreign company rules follow the recommendations of the 2015 Final Report on Action 3 of the OECD/G20 Base Erosion and Profit Shifting Project. 2. This Directive shall not affect the application of domestic provisions on alternative forms of minimum taxation of domestic groups or companies.
2022/03/30
Committee: ECON
Amendment 250 #

2021/0433(CNS)

Proposal for a directive
Article 54 b (new)
Article 54 b Review 1. By [three years after the entry into force of this Directive], the Commission shall review the application of this Directive and report to the Council on its operation. The report shall address whether there is a need to amend this Directive in light of changes and developments in the international tax context, in particular regarding the implementation of the GloBE Model Rules outside the Union and the development of other, unilateral approaches towards minimum effective taxation of MNE groups. 2. The report shall assess the impact of the substance-based income exclusion provision, the implementation of the optional qualified domestic top-up tax and the treatment of distribution tax systems on the effectiveness of ensuring a minimum effective level of taxation. The report shall consider the impact of the Directive on the revenues of member states and low income countries and shall evaluate the impact of a threshold reduction for MNE Groups and large- scale domestic firms. Where appropriate, the report shall be accompanied by a legislative proposal.
2022/03/30
Committee: ECON
Amendment 263 #

2021/0433(CNS)

Proposal for a directive
Annex I
The following third country jurisdictions have been assessed to accommodate a legal framework which can be considered as equivalent to a qualified income inclusion rule: 1. [The United States of America]deleted
2022/03/30
Committee: ECON
Amendment 79 #

2021/0377(COD)

Proposal for a regulation
Recital 5
(5) The rules for ELTIFs are almost identical for both professional and retail investors, including rules on the use of leverage, on the diversification of assets and composition of the portfolios, on concentration limits and on limits on the eligible assets and investments. Both types of investors, however, have different time horizons, risk tolerances and investment needs. Because of those almost identical rules and the consequential high administrative burden and associated costs for ELTIFs destined for professional investors, asset managers have been reluctant to offer tailored products to suchprofessional investors. Professional investors have a higher risk tolerance than retail investors and may have, due to their nature and activities, different time horizon and return objectives. It is therefore appropriate to provide for specific rules for ELTIFs that are destined to be marketed to professional investors, in particular with regard to the diversification and composition of the portfolio concerned, the minimum threshold for eligible assets, the concentration limits,fund structure and the borrowing of cash.
2022/04/26
Committee: ECON
Amendment 81 #

2021/0377(COD)

Proposal for a regulation
Recital 6
(6) It is necessary to enhance the flexibility of asset managers in investing in a broad categories of real assets. Direct or indirect holdings of real assets should therefore be deemed to form a category of eligible assets, provided that those real assets have value due to their nature or substance. Such real assets comprise immovable property, communication, environment, energy or transport infrastructure, social infrastructure, including retirement homes or hospitals, as well as infrastructure for education, health and welfare support or industrial facilities, installations, and other assets, including intellectual property, vessels, equipment, machinery, aircraft or rolling stock, and immovable property.
2022/04/26
Committee: ECON
Amendment 86 #

2021/0377(COD)

Proposal for a regulation
Recital 9
(9) It is necessary to increase the attractiveness of ELTIFs for asset managers and broaden the range of investment strategies available to ELTIF managers and thus to avoid the undue limitation of the scope of the eligibility of assets and investment activities of ELTIFs. The eligibility of real assets should not depend on their nature and objective or upon environmental, sustainability or social and governanctake into account the investments needed to finance the Green transition and therefore, eligible assets should include assets that comply with the sustainability criteria defined in the rdelegated disclosures and conditions, which are already covered byacts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) Regulation (EU) 2019/208820/852 of the European Parliament and of the Council12 and by Regulation (EU) 2020/852 of the European Parliament and of the Council13 . Additionally, ELTIFs should not invest in assets the underlying economic activities of which do significantly harm any of the environmental objectives set out in Article 9 of Regulation (EU) 2020/852 in accordance with Article 17 and the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of that Regulation. _________________ 12 Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability‐related disclosures in the financial services sector (OJ L 317, 9.12.2019, p. 1). 13 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
2022/04/26
Committee: ECON
Amendment 87 #

2021/0377(COD)

Proposal for a regulation
Recital 9 a (new)
(9 a) The Commission estimates that additional investments of EUR 260 billion will be needed in the Union to reach the 2030 energy and climate target. At the same time, investors, and in particular retail investors, are showing a growing interest in sustainable investment. The long-term horizon of ELTIFs makes them a suitable instrument to match investors’ demand for sustainable products with the need to increase capital flows towards green investments. Therefore, a new “environmentally-sustainable ELTIF” category should be created to collect capital from investors looking for sustainable investment. This environmentally-sustainable ELTIF should be subject to stricter requirements with regard to the list of eligible assets. Such an ELTIF should invest exclusively in assets that comply with the requirements laid down in the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852.
2022/04/26
Committee: ECON
Amendment 92 #

2021/0377(COD)

Proposal for a regulation
Recital 9 b (new)
(9 b) Green washing practices should be avoided and investors should be able to assess the investment practices of ELTIF managers. Thus, ELTIFs should be subject to additional disclosure requirements. In particular, ELTIFs should disclose the share of their assets that comply with the taxonomy requirements.
2022/04/26
Committee: ECON
Amendment 93 #

2021/0377(COD)

Proposal for a regulation
Recital 10
(10) It is necessary to extend the scope of eligible assets and promote the investments of ELTIFs in securitised assets. It should therefore be clarified that, where the underlying assets consist of long-term exposures, eligible investment assets should also include simple, transparent and standardised (STS) securitisations as referred to in Article 18 of Regulation (EU) 2017/2402 of the European Parliament and of the Council14 . Those long-term exposures comprise securitisations of residential loans that are secured by one or more mortgages on residential immovable property (residential mortgage backed securities (RMBS)), commercial loans that are secured by one or more mortgages on commercial immovable property, corporate loans, including loans which are granted to small and medium enterprises (SMEs), and trade receivables or other underlying exposures that the originator considers to form a distinct asset type, provided that the proceeds from securitising those trade receivables or other underlying exposures are used for financing or refinancing long-term investments. _________________ 14 Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012 (OJ L 347, 28.12.2017, p. 35).deleted
2022/04/26
Committee: ECON
Amendment 99 #

2021/0377(COD)

Proposal for a regulation
Recital 11
(11) In order to improve access of investors to more up-to-date and complete information on the ELTIF market, it is necessary to increase the granularity and the timeliness of the central public register referred to in Article 3(3), second subparagraph, of Regulation (EU) 2015/760 (‘ELTIF register’). The ELTIF register should therefore contain additional information to the information that that register contains already, including, where available, the Legal Entity Identifier (‘LEI’) and the national code identifier of the ELTIF, the name, address and the LEI of the ELTIF manager, the International Securities Identification Numbers (‘ISIN’) codes of the ELTIF and of each separate share or unit class, the competent authority of the ELTIF and the home Member State of that ELTIF, the Member States where the ELTIF is marketed, whether the ELTIF can be marketed to retail investors or can solely be marketed to professional investors, the date of the authorisation of the ELTIF, and the date on which the marketing of the ELTIF has commenced. In addition, to enable ELTIF investors to analyse and compare existing ELTIFs, the ELTIF register should contain up-to-date links to the ELTIF documentation, including to the rules or instruments of incorporation of the ELTIF concerned, the annual reports, the prospectus and, where available, the Key Information Document drawn up in accordance with Regulation (EU) No 1286/2014 of the European Parliament and of the Council15 . To ensure an up-to-date status of the ELTIF register, it is appropriate to require competent authorities to communicate to ESMA any changes to the information on an ELTIF, including authorisations and withdrawals and refusals of such authorisations, on a monthly basis. _________________ 15 Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) (OJ L 352, 9.12.2014, p. 1).
2022/04/26
Committee: ECON
Amendment 107 #

2021/0377(COD)

Proposal for a regulation
Recital 14
(14) In order to better use the expertise of the ELTIF managers and because of diversification benefits, in certain cases it can be beneficial for ELTIFs to invest all or almost all of their assets into the diversified portfolio of the master ELTIF. ELTIFs should therefore be allowed to pool their assets and make use of master- feeder structures by investing in master ELTIFs. However, as master-feeder structures are more complex, retail investors might not have sufficient knowledge and expertise to assess the risks associated with their investment. This type of strategy may also increase the fees for retail investors. Therefore, the use of master-feeder structure should be allowed only for ELTIFs marketed to professional investors.
2022/04/26
Committee: ECON
Amendment 110 #

2021/0377(COD)

Proposal for a regulation
Recital 15
(15) The diversification requirements laid down in the current version of Regulation (EU) 2015/760 were introduced to ensure that ELTIFs can withstand adverse market circumstances. Those diversification thresholds imply, however, that ELTIFs are, on average, required to make ten distinct investments. In relation to investment in projects or infrastructures of large scale, the requirement to make ten investments per ELTIF may be difficult to achieve, and costly in terms of transactional costs and capital allocation. To reduce transaction and administrative costs for ELTIFs and ultimately their investors, ELTIFs should therefore be able to pursue more concentrated investment strategies and thus to be exposed to fewer eligible assets. It is therefore necessary to adjust the diversification requirements for ELTIFs’ exposures to single qualifying portfolio undertakings, single real assets, collective investment undertakings and certain other eligible investment assets, contracts and financial instruments. That additional flexibility in the portfolio composition of ELTIFs and the reduction in the diversification requirements should not materially affect the capacity of ELTIFs to withstand market volatility, since ELTIFs typically invest in assets that often do not have a readily available market quotation, may be highly illiquid, and frequently have long-term maturity or time horizon.
2022/04/26
Committee: ECON
Amendment 111 #

2021/0377(COD)

Proposal for a regulation
Recital 16
(16) Unlike retail investors, professional investors may, in certain circumstances, have a longer time horizon, distinct financial returns objectives, more expertise, possess higher risk tolerance to adverse market conditions and higher capacity to absorb losses. Such professional thus require less investor protection measure than retail investors. It is therefore appropriate to remove the diversification requirements for ELTIFs that are solely marketed to professional investors.deleted
2022/04/26
Committee: ECON
Amendment 119 #

2021/0377(COD)

Proposal for a regulation
Recital 19
(19) Article 30(3) of Regulation (EU) 2015/760 currently requires, for potential retail investors whose financial instrument portfolio does not exceed EUR 500 000, an initial minimum investment in one or more ELTIFs of EUR 10 000, and requires that such investors do not invest an aggregate amount exceeding 10 % of that their financial instrument portfolio in ELTIFs. When applied together, the EUR 10 000 minimum initial investment participation and the 10 % limitation on aggregate investment create a significant obstacle for the retail investor to invest in ELTIFs, which conflicts with the goal of an ELTIF to establish a retail alternative investment fund product. It is therefore necessary to remove that EUR 10 000 initial minimum investment requirement and the 10 %raise it to 30 % the limitation on aggregate investment.
2022/04/26
Committee: ECON
Amendment 125 #

2021/0377(COD)

Proposal for a regulation
Recital 24
(24) Article 13(1) of Regulation (EU) 2015/760 currently requires that ELTIFs invest at least 70 % of their capital in eligible investment assets. This high threshold for the composition of eligible investment assets in ELTIFs’ portfolios was initially established in view of the focus of ELTIFs on long-term investments and the contribution such investments would make to the financing of a sustainable growth of the Union’s economy. Given the illiquid and idiosyncratic nature of certain eligible investment assets within ELTIFs’ portfolios, however, it may prove difficult and costly for ELTIF managers to manage the liquidity of ELTIFs, honour redemption requests, enter into borrowing arrangements, and execute other elements of ELTIFs’ investment strategies pertaining to the transfer, valuation and pledging of such eligible investment assets. Lowering the eligible investment assets threshold would enable ELTIF managers to better manage the liquidity of ELTIFs.deleted
2022/04/26
Committee: ECON
Amendment 131 #

2021/0377(COD)

Proposal for a regulation
Recital 25
(25) Leverage is frequently used to enable the day-to-day operation of an ELTIF and to carry out a specific investment strategy. Moderate amounts of leverage can amplify returns, and, where controlled adequately, without incurring or exacerbating excessive risks. In addition, leverage can frequently be used by a variety of collective investment undertakings to gain additional efficiencies or operational results. Since the borrowing of cash threshold is currently limited to 30% of the capital of the ELTIF, ELTIF managers may be unable to successfullyare limited in pursueing certain investment strategies, including in the case of investments in real assets, where using higher levels of leverage is an industry norm or is otherwise required to achieve attractive risk-adjusted returns. It is therefore appropriate to increase the flexibility of managers of ELTIFs toHowever, higher leverage entails higher raise further capital during the life of the ELTIF. In view of the possible risks that leverage can entail, ELTIFs marketed to retail investors should be permitted to borrow cash amounting to up to 50 ks. Therefore the borrowing cash threshold for ELTIFs marketed to retail investors should be kept at 30% of the value of the capital of the ELTIF. The 530 % threshold is appropriate given the overall borrowing of cash limits common for funds investing in real assets with a similar liquidity and redemption profile. As for ELTIFs marketed to professional investors, however, a higher leverage threshold should be permitted, because professional investors have a higher risk-tolerance than retail investors. The borrowing of cash threshold for ELTIFs that are marketed to professional investors only should therefore be extended to 100 % of the ELTIF capital.
2022/04/26
Committee: ECON
Amendment 134 #

2021/0377(COD)

Proposal for a regulation
Recital 26
(26) To provide ELTIFs with wider investment opportunities, ELTIFs should be able to borrow in the currency in which the manager of the ELTIF expects to acquire the asset. It is, however, necessary to mitigate the risk of currency mismatches and thus to limit the currency risk for the investment portfolio. ELTIFs should therefore either put in place adequate hedges of the currency exposure, or should borrow in another currency where foreign currency exposures do not bring about significant currency risks.
2022/04/26
Committee: ECON
Amendment 140 #

2021/0377(COD)

Proposal for a regulation
Recital 28
(28) Given the increase of the maximum thresholds for borrowing cash by ELTIFs marketed to professional investors and the removal of certain limitations on the borrowing of cash in foreign currencies, investors should have more comprehensive information on the borrowing strategy and limits employed by the ELTIF. It is therefore appropriate to require ELTIF managers to explicitly disclose in the prospectus of the ELTIF concerned the borrowing strategy and the borrowing limits and to provide information on how leverage will contribute to the ELTIF strategy and how currency and duration risks will be mitigated.
2022/04/26
Committee: ECON
Amendment 142 #

2021/0377(COD)

Proposal for a regulation
Recital 29
(29) Article 18(4) of Regulation (EU) 2015/760 currently requires that investors in an ELTIF may request the winding down of that ELTIF where their redemption requests, made in accordance with the ELTIF’s redemption policy, have not been satisfied within one year from the date on which those requests were made. Given the long-term orientation of ELTIFs and the often idiosyncratic and illiquid asset profile of ELTIFs’ portfolios, the entitlement of any investor or a group of investors to request the winding down of an ELTIF can be disproportionate and detrimental to both the successful execution of the ELTIF investment strategy and the interests of other investors or groups of investors. It is therefore appropriate to delete the possibility for investors to require the winding down of an ELTIF where that ELTIF is unable to satisfy redemption requestsentitle competent authorities to decide whether the winding down of the ELTIF is justified.
2022/04/26
Committee: ECON
Amendment 145 #

2021/0377(COD)

Proposal for a regulation
Recital 31
(31) Article 19(1) of the current version of Regulation (EU) 2015/760 requires that the rules or instruments of incorporation of an ELTIF do not prevent units or shares of the ELTIF from being admitted to trading on a regulated market or on a multilateral trading facility. Despite that possibility, ELTIF managers, investors and market participants have hardly used the secondary trading mechanism by for the trading of shares or units of ELTIFs. To promote the secondary trading of ELTIF units or shares, it is appropriate to allow ELTIF managers to put in place a possibility for an early exit of ELTIF investors, before the end of the ELTIF’s life. In order to ensure an effective functioning of such a secondary trading mechanism, such an early exit should be possible only where the manager of the ELTIF has put in place a policy for matching potential investors and exit requests. That policy should, among others, specify the transfer process, the role of the ELTIF manager and the ELTIF administrator, the duration of the liquidity window during which the units or shares of the ELTIF could be exchanged, the execution price, pro-ration conditions, disclosure requirements, fees, costs and charges and other conditions pertaining to such a liquidity window mechanism. As the secondary market for ELTIFs is still rather limited, the ELTIF manager should clearly indicate that this liquidity window mechanism might not be swiftly actionable at all times.
2022/04/26
Committee: ECON
Amendment 146 #

2021/0377(COD)

Proposal for a regulation
Recital 34
(34) Adequate disclosure of fees and charges is critically important for the evaluation of the ELTIFs as a potential investment target by investors. Such disclosure is also important where the ELTIF is marketed to retail investors in the case of master-feeder structures. It is therefore appropriate to require the ELTIF manager to include in the annual report of the feeder ELTIF a statement on the aggregate charges of the feeder ELTIF and the master ELTIF.
2022/04/26
Committee: ECON
Amendment 149 #

2021/0377(COD)

Proposal for a regulation
Recital 40
(40) In order to give ELTIF managers of existing ELTIF sufficient time to adapt to the new requirements, including the requirements pertaining to the portfolio composition and marketing of ELTIFs to investors, this Regulation should start to apply sixtwelve months after its entry into force,
2022/04/26
Committee: ECON
Amendment 153 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2015/760
Article 1 – paragraph 2
2. The objective of this Regulation is to facilitate the raising and channelling of capital towards long-term investments in the real economy, in line with the Union objective of smart, sustainable and inclusive growth. and of the European Green Deal.’;
2022/04/26
Committee: ECON
Amendment 154 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Regulation (EU) 2015/760
Article 2 – point 6
(6) ‘real asset’ means an asset that has an intrinsic value due to its substance and properties;, including infrastructure and other assets that give rise to economic or social benefit, such as education, counselling, research and development, and including commercial property or housing;’;
2022/04/26
Committee: ECON
Amendment 156 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a a (new)
Regulation (EU) 2015/760
Article 2 – point 7 – point (ca) new
(a a) the following point (ca) is inserted in point (7): (ca) a reinsurance undertaking as defined in Article 13, point (4), of Directive 2009/138/EC;
2022/04/26
Committee: ECON
Amendment 157 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) 2015/760
Article 2 – point 14a
(b) the following point (14a) is inserted: ‘‘(14a) ‘simple, transparent and standardised securitisation’ means a securitisation that complies with the conditions set out in Article 18 of Regulation (EU) 2017/2402 of the European Parliament and of the Council*1’; __________________________________ __ *1 Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012 (OJ L 347, 28.12.2017, p. 35).’;’deleted
2022/04/26
Committee: ECON
Amendment 161 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point d a (new)
Regulation (EU) 2015/760
Article 2 – point 22 (new)
(d a) the following point (22) is added: (22) ‘ELTIF marketed as environmentally sustainable’ means an ELTIF where the fund manager provides investors with a commitment or any form of pre- contractual claim that the fund will invest in economic activities that contribute to an environmental objective as defined in Regulation (EU) 2020/852’.
2022/04/26
Committee: ECON
Amendment 164 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 Regulation (EU) 2015/760
3. The competent authorities of the ELTIFs shall, on a monthly basis, inform ESMA of authorisations granted, denied or withdrawn pursuant to this Regulation and of any changes to the information about an ELTIF that is set out in the central public register referred to in the second subparagraph.
2022/04/26
Committee: ECON
Amendment 166 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2015/760
Article 3 – paragraph 3 – subparagraph 3
The central public register shall be made publicly available in electronic format.;
2022/04/26
Committee: ECON
Amendment 167 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Regulation (EU) 2015/760
Article 5 – paragraph 1 – subparagraph 2 – point b
(b) the name of the proposed manager of the ELTIF and information on its current and previous fund management history and any other experience relevant for the management of the ELTIF ;
2022/04/26
Committee: ECON
Amendment 168 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) 2015/760
Article 6 – paragraph 5
(4 a) In Article 6, paragraph 5 is replaced by the following: ""The competent authority of the ELTIF shall communicate to the EU AIF the reason for its refusal to grant authorisation as an ELTIF. The competent authority of the ELTIF shall also communicate its decision to the ESMA which shall keep record of rejected applications. ESMA shall provide information regarding fund managers whose authorisation has been denied to competent authorities upon request."" Or. en (Regulation (EU) 2015/760)
2022/04/26
Committee: ECON
Amendment 170 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 b (new)
Regulation (EU) 2015/760
Article 9 – paragraphs 1a and 1b (new)
(4 b) In Article 9, paragraphs 1a and 1b are inserted: "1a.An ELTIF shall only invest in assets the underlying economic activities of which do not significantly harm any of the environmental objectives set out in Article 9 of Regulation (EU) 2020/852 in accordance with Article 17 and the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of that Regulation. 1b. An ELTIF marketed as environmentally sustainable shall only invest in assets that meet the taxonomy requirements as laid down in the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852 .";
2022/04/26
Committee: ECON
Amendment 171 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2015/760
Article 10 – paragraph 1
1. An asset as referred to in Article 9(1), point (a), and in Article 9(1a) shall only be eligible for investment by an ELTIF where it falls into one of the following categories:
2022/04/26
Committee: ECON
Amendment 172 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2015/760
Article 10 – paragraph 1 – point b
(b) debt instruments issued by a qualifying portfolio undertaking as referred to in Article 11(1) with a maturity aligned to the life of the ELTIF;
2022/04/26
Committee: ECON
Amendment 173 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2015/760
Article 10 – paragraph 1 – point c
(c) loans granted by the ELTIF to a qualifying portfolio undertaking as referred to in Article 11(1) with a maturity that does not exceedaligned with the life of the ELTIF;
2022/04/26
Committee: ECON
Amendment 181 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2015/760
Article 10 – paragraph 1 – point f
(f) simple, transparent and standardised securitisations where the underlying exposures correspond to one of the following categories: (i) assets listed in Article 1, points (a)(i), (ii) or (iv), of Commission Delegated Regulation 2019/1851\*3; (ii) assets listed in Article 1, points (a),(vii) and (viii), of Delegated Regulation 2019/1851, provided that the proceeds from the securitisation bonds are used for financing or refinancing long-term investments. ___________ *3 Commission Delegated Regulation (EU) 2019/1851 of 28 May 2019 supplementing Regulation (EU) 2017/2402 of the European Parliament and of the Council with regard to regulatory technical standards on the homogeneity of the underlying exposures in securitisation (OJ L 285, 6.11.2019, p. 1).’;deleted
2022/04/26
Committee: ECON
Amendment 197 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b a (new)
Regulation (EU) 2015/760
Article 11 – paragraph 1 – point c – points iii and iv
(b a) in point c, points (iii) and iv) are added: iii) is not on the EU list of third-countries with strategic deficiencies or compliance weaknesses in their AML/CFT regime; iv) is not a country subject to EU restrictive measures.
2022/04/26
Committee: ECON
Amendment 200 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a – introductory part
Regulation (EU) 2015/760
Article 13
(a) paragraphs 1, 2 and 32 are replaced by the following:
2022/04/26
Committee: ECON
Amendment 201 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a
Regulation (EU) 2015/760
Article 13 – paragraph 1
1. An ELTIF shall invest at least 670 % of its capital in eligible investment assets amongst which at least 50% shall meet the taxonomy requirements as laid down in the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852.
2022/04/26
Committee: ECON
Amendment 215 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a
Regulation (EU) 2015/760
Article 13 – paragraph 2 –point c
(c) 210 % of its capital in units or shares of any single ELTIF, EuVECA, EuSEF, UCITS or EU AIF managed by an EU AIFM;
2022/04/26
Committee: ECON
Amendment 220 #

2021/0377(COD)

(d) 10 5% of its capital in assets as referred to in Article 9(1), point (b), where those assets have been issued by any single body.
2022/04/26
Committee: ECON
Amendment 222 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a
Regulation (EU) 2015/760
Article 13 – paragraph 3
3. The aggregate value of units or shares of ELTIFs, EuvECAs, EuSEFs, UCITS and of EU AIFs managed by EU AIFM in an ELTIF portfolio shall not exceed 40 % of the value of the capital of the ELTIF.;deleted
2022/04/26
Committee: ECON
Amendment 227 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Regulation (EU) 2015/760
Article 13 – paragraph 3a
(b) the following paragraph 3a is inserted: ‘3a. The aggregate value of simple, transparent and standardised securitisations in an ELTIF portfolio shall not exceed 20% of the value of the capital of the ELTIF.;’deleted
2022/04/26
Committee: ECON
Amendment 236 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point e
Regulation (EU) 2015/760
Article 13 – paragraph 6
(e) in paragraph 6, the first sentence is replaced by the following: ‘By way of derogation from paragraph 2, point (d), an ELTIF may raise the 10 % limit referred to in that point to 25 % where bonds are issued by a credit institution which has its registered office in a Member State and is subject by law to special public supervision designed to protect bond-holders.;’deleted
2022/04/26
Committee: ECON
Amendment 237 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point f
Regulation (EU) 2015/760
Article 13 – paragraph 8
(f) the following paragraph 8 is added: ‘8. The investment thresholds set out in paragraphs 2 to 4 shall not apply where ELTIFs are marketed solely to professional investors.;’deleted
2022/04/26
Committee: ECON
Amendment 240 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a
Regulation (EU) 2015/760
Article 15 – paragraph 1
1. An ELTIF may acquire no more than 30 % of the units or shares of a single ELTIF, EuVECA, EuSEF, UCITS or of an EU AIF managed by an EU AIFM. That limit shall not apply where ELTIFs are marketed solely to professional investors.;
2022/04/26
Committee: ECON
Amendment 241 #

2021/0377(COD)

(b) in paragraph 2, the following subparagraph is added: ‘Those concentration limits shall not apply where ELTIFs are marketed solely to professional investors.;’deleted
2022/04/26
Committee: ECON
Amendment 243 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a – point i
Regulation (EU) 2015/760
Article 16 – paragraph 1 – point a
(a) it represents no more than 530 % of the value of the capital of the ELTIF, and no more than 100 % of the value of the capital of the ELTIF for ELTIFs marketed solely to professional investors;
2022/04/26
Committee: ECON
Amendment 250 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a – point i
Regulation (EU) 2015/760
Article 16 – paragraph 1 – point c
(c) it is contracted in the same currency as the assets to be acquired with the borrowed cash or in another currency where currency exposure has been hedged or where it can be otherwise demonstrated that the borrowing in another currency does not expose the ELTIF to material currency risks.;
2022/04/26
Committee: ECON
Amendment 251 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b
Regulation (EU) 2015/760
Article 16 – paragraph 1a
(b) the following paragraph 1a is inserted: ‘1a. Borrowing arrangements which are fully covered by investors’ capital commitments shall not be considered to constitute borrowing for the purposes of paragraph 1.;’deleted
2022/04/26
Committee: ECON
Amendment 254 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10 a (new)
Regulation (EU) 2015/760
Article 18 – paragraph 2 – point c
(10 a) In Article 18(2), point c is replaced by the following: ""(c) the manager of the ELTIF sets out a defined redemption policy, which clearly indicates the periods of time during which investors may request redemptions. The periods of time shall be defined in accordance with the underlying assets portfolio and shall not be shorter than semi-annual.";"
2022/04/26
Committee: ECON
Amendment 255 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) 2015/760
Article 18 – paragraph 4
(11) in Article 18, paragraph 4 is deletedreplaced by the following: "Where the ELTIF does not satisfy within one year the investors’ redemption request made in accordance with the ELTIF redemption policy, the investors shall inform the competent authority. The competent authority may request the winding down of the ELTIF, after taking into account its possible detrimental impact on the other ELTIF investors.";
2022/04/26
Committee: ECON
Amendment 258 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point i
Regulation (EU) 2015/760
Article 19 – paragraph 2a – point ca
(c a) investors are duly informed ex ante that their exiting request might not match with potential investors interest at all times .’;
2022/04/26
Committee: ECON
Amendment 259 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EU) 2015/760
Article 22 – paragraph 4
(14 a) Article 22 paragraph 4 is replaced by the following: "4. The rules of an ELTIF shall specify the distribution policy that the ELTIF will apply during its life. Where marketed to retail investors, the distribution policy shall be designed to minimise the volatility of returns to investors." Or. en (Regulation 2015/760)
2022/04/26
Committee: ECON
Amendment 260 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point a a (new)
(a a) (aa) In Article 23, the following point (g) is inserted under paragraph 3: (g) the share of assets complying with the criteria laid down in the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation 2020/852 in which the ELTIF intends to invest in
2022/04/26
Committee: ECON
Amendment 263 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point b a (new)
Regulation (EU) 2015/760
Article 23 – paragraph 4 – point j (new)
(b a) in paragraph 4, the following point is added: '(j) set out the procedures by which the fund assesses the long-term economic, social and environmental impact of eligible portfolio undertakings, as well as its corporate governance.';
2022/04/26
Committee: ECON
Amendment 264 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point b
Regulation (EU) 2015/760
Article 23 – paragraph 5
(b) in paragraph 5, the following subparagraph is added: ‘Where the ELTIF is marketed to retail investors, the manager of the ELTIF shall include in the annual report of the feeder ELTIF a statement on the aggregate charges of the feeder ELTIF and the master ELTIF. The annual report of the feeder ELTIF shall indicate how the annual report or reports of the master ELTIF can be obtained.’deleted
2022/04/26
Committee: ECON
Amendment 265 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point b b (new)
Regulation (EU) 2015/760
Article 23 – paragraph 5 – point e (new)
(b b) in paragraph 5, the following point is added: '(e) information on the alignment of the ELTIF investment decisions with the Green Deal objectives, including the share of its investments effectively allocated to assets that meet the taxonomy requirements as laid down in the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) or 15(2) of Regulation (EU) 2020/852.';
2022/04/26
Committee: ECON
Amendment 271 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) 2015/760
Article 30 – paragraph 3
3. Paragraphs 1 and 2 shall not apply where the retail investor is a member of senior staff, portfolio manager, director, officer, agent or employee or director of the manager or of an affiliate of the manager and has sufficient knowledge about the ELTIF concerned.
2022/04/26
Committee: ECON
Amendment 272 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) 2015/760
Article 30 – paragraph 4
4. In case of a master-feeder structure, the prospectus of the feeder ELTIF shall contain all of the following information: (a) a declaration that the feeder ELTIF is a feeder of the master ELTIF; (b) the investment objective and policy, including the risk profile and whether the performance of the feeder and of the master ELTIF are identical, or to what extent and for which reasons they differ; (c) a brief description of the master ELTIF, its organisation, its investment objective and policy, including the risk profile, and information on how the prospectus of the master ELTIF can be obtained; (d) a description of all remuneration or reimbursement of costs payable by the feeder ELTIF by virtue of its investment in units of the master ELTIF, as well as of the aggregate charges of the feeder ELTIF and the master ELTIF; (e) a description of the tax implications for the feeder ELTIF of the investment into the master ELTIF .deleted
2022/04/26
Committee: ECON
Amendment 273 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) 2015/760
Article 30 – paragraph 5
5. A feeder ELTIF shall disclose in any marketing communications that it permanently invests 85 % or more of its assets in units of the master ELTIF.deleted
2022/04/26
Committee: ECON
Amendment 274 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 20
Regulation (EU) 2015/760
Article 30 – paragraph 5a (new)
5 a. Where the financial instrument portfolio of a potential retail investor does not exceed EUR 500 000, the manager of the ELTIF or any distributor, after having performed the suitability test referred to in paragraph 1 of this Article and having provided appropriate investment advice, shall ensure, on the basis of the information submitted by the potential retail investor, that the potential retail investor does not invest an aggregate amount exceeding 30 % of that investor's financial instrument portfolio in ELTIFs. The potential retail investor shall be responsible for providing the manager of the ELTIF or the distributor with accurate information on the potential retail investor's financial instrument portfolio and investments in ELTIFs as referred to in the first subparagraph. For the purpose of this paragraph, a financial instrument portfolio shall be understood to include cash deposits and financial instruments, but shall exclude any financial instruments that have been given as collateral.
2022/04/26
Committee: ECON
Amendment 279 #

2021/0377(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 21
Regulation (EU) 2015/760
Article 37 – paragraph 1 – point i a (new)
(i a) whether ELTIFs have made a significant contribution to the financing of the digital and green transition and whether this Regulation should be updated to enable ELTIFs to contribute effectively to the achievement of the Green Deal objectives.’.
2022/04/26
Committee: ECON
Amendment 285 #

2021/0377(COD)

Proposal for a regulation
Article 2 – paragraph 2
Regulation (EU) 2015/760
Article 38 – paragraph 1 – subparagraph 2
It shall apply from [entry into force + 612 months].
2022/04/26
Committee: ECON
Amendment 12 #

2021/0213(CNS)

Proposal for a directive
Recital 3
(3) It is necessary to ensure that clear taxation rules for energy products and electricity continue to contribute to the smooth functioning of the internal market while at the same time tackling the climate and environmental-related challenges in the context of the Communication from the Commission ‘The European Green Deal’28 . Energy taxation canshould contribute to the ambition of the Climate Law, including at least 55 % reduction in net greenhouse gas emissions by 2030 compared to 1990, the achievement of the renewable and energy efficiency targets, as well as to the objective of zero pollution through the implementation of the polluter-pays principle, by ensuring that the taxation of motor fuels, heating fuels and electricity better reflects the impact they have on the environment and, on health, and on biodiversity. The contribution of energy taxation to those objectives has been endorsed by the Council Conclusions on the EU energy taxation framework29 . _________________ 28 COM(2019) 640 final of 11 December 2019. 29 14861/19 of 5 December 2019.
2022/03/29
Committee: AGRI
Amendment 16 #

2021/0213(CNS)

Proposal for a directive
Recital 6
(6) Appreciable differences in the national levels of energy taxation applied by Member States could prove detrimental to the proper functioning of the internal market., as well as to the achievement of the climate and energy goals. The European Court of Auditors also identified that the level of taxation of energy sources does not reflect their greenhouse gas emissions in the Union. In addition, the price of energy products did not reflect the environmental cost of emissions
2022/03/29
Committee: AGRI
Amendment 29 #

2021/0213(CNS)

Proposal for a directive
Recital 27
(27) Temporary targeted reductions in the tax level may prove necessary to incentivise the achievement of environmental protection objectives and improvements in energy efficiency of the Union productive sector. Such reductions should be conditional to the implementation of specific measures by beneficiaries towards achieving circular, zero pollution, highly energy efficient and renewable based operations.
2022/03/29
Committee: AGRI
Amendment 32 #

2021/0213(CNS)

Proposal for a directive
Recital 36
(36) Every five years and for the first time five years after the entry into force of this Directive, the Commission should report to the Council and to the European Parliament on the application of this Directive, examining in particular whether the minimum levels of taxation should be increased or expanded to reflect further the carbon content and air pollution component of energy products, taking into account the impact of the Emission Trading System on carbon pricing and whether the revised Energy Taxation Directive sufficiently contributes to meaningful carbon pricing inducing behavioural change, the impact on reduction of greenhouse gases taking into account the advice of the European Scientific Advisory Board on Climate Change, the impact of innovation and technological developments, especially as regards energy efficiency, the use of electricity in transport and the justification for the exemptions, reductions and differentiations laid down in this Directive. The report should take into account the proper functioning of the internal market, environmental, biodiversity, and social considerations, the real value of the minimum levels of taxation and the wider relevant objectives of the Treaties.
2022/03/29
Committee: AGRI
Amendment 38 #

2021/0213(CNS)

Proposal for a directive
Article 2 – paragraph 4 – introductory part
4. Taxable products, referred to in paragraphs 1 and 3, produced or derived from biomass are subject under fiscal control to the specific levels of taxation set out for those products in accordance with this Directive, provided that they fulfil either of following criteria:
2022/03/29
Committee: AGRI
Amendment 41 #

2021/0213(CNS)

Proposal for a directive
Article 2 – paragraph 4 – point a a (new)
a a) are not high indirect land-use change-risk products set out in Article 26(2) of that Directive;
2022/03/29
Committee: AGRI
Amendment 48 #

2021/0213(CNS)

Proposal for a directive
Article 2 – paragraph 4 – subparagraph 2
For the purposes of this Directive, ‘advanced’ biogas, bioliquids and products falling within CN codes 4401 and 4402 shall mean products produced from the feedstock listed in part A of Annex IX to Directive (EU) 2018/2001. Biofuels, biogas and bioliquids produced from the feedstock listed in part B of Annex IX to that Directive shall be considered equivalent to advanced products up to national consumption levels consistent with the cap set out in Article 27 (1)(b) of the Directive (EC) 2018/2001.
2022/03/29
Committee: AGRI
Amendment 63 #

2021/0213(CNS)

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table B of Annex I, the increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low- carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033.deleted
2022/03/29
Committee: AGRI
Amendment 65 #

2021/0213(CNS)

Proposal for a directive
Article 8 – paragraph 2 – point a
(a) agricultural, horticultural or aquaculture works, and in forestry;deleted
2022/03/29
Committee: AGRI
Amendment 74 #

2021/0213(CNS)

Proposal for a directive
Article 16 – paragraph 1 – point b – indent 3
— generated from sustainable biomass or from products produced from sustainable biomass;deleted
2022/03/29
Committee: AGRI
Amendment 77 #

2021/0213(CNS)

Proposal for a directive
Article 16 – paragraph 1 – point d
(d) renewable fuels of non-biological origin, and advanced sustainable biofuels, bioliquids, biogas and advanced sustainable products falling within CN codes 4401 and 4402;
2022/03/29
Committee: AGRI
Amendment 87 #

2021/0213(CNS)

Proposal for a directive
Article 31 – paragraph 1
Every five years and for the first time fivthree years after 1 January 2023, the Commission shall submit to the Council and the European Parliament a report on the application of this Directive.
2022/03/29
Committee: AGRI
Amendment 92 #

2021/0213(CNS)

Proposal for a directive
Recital 2 a (new)
(2 a) The primary objective of energy taxation is environmental, the shift of consumption and investment patterns. A secondary but important objective is revenue-raising. Seeking other policy objectives through energy taxation might have an adverse impact on its primary and secondary objectives. Although it can have such effect, energy taxation is not a redistributive policy instrument.
2022/04/08
Committee: ECON
Amendment 94 #

2021/0213(CNS)

Proposal for a directive
Annex I – table A
Table A. — Minimum levels of taxation applicable to motor fuels for the purposes of Article 7 (in EUR/Gigajoule Energy Energy component rate component rate (EUR/GJ) (EUR/GJ) Start of transitional Final rate after completion of period transitional period (01.01.2033) (01.01.2023) before indexation Petrol 10,75 10,75 Gasoil 10,75 10,75 Kerosene 10,75 10,75 Non-sustainable biofuels 10,75 10,75 Liquefied Petroleum Gas 7,17 10,75 10,75 (LPG) (LPG) Natural gas 7,1710,75 10,75 Non-sustainable biogas 7,1710,75 10,75 Non renewable fuels of 7,17 10,75 10,75 non-biological origin Sustainable food and feed Food and feed crop biofuels 5,3810,75 10,75 crop biofuels Sustainable food and feed Food and feed crop biogas 5,3810,75 10,75 crop biogas Sustainable biofuels 5,38 5,38 7,17 Sustainable biogas 5,38 5,38 7,17 Low-carbon fuels 10,175 5,38 10,75 Renewable fuels of non- 0,15 0,15 biological origin Advanced sustainable 0,15 0,15 biofuels and biogas
2022/03/25
Committee: AGRI
Amendment 96 #

2021/0213(CNS)

Proposal for a directive
Recital 3
(3) It is necessary to ensure that clear taxation rules for energy products and electricity continue to contribute to the smooth functioning of the internal market while at the same time tackling the climate and environmental-related challenges in the context of the Communication from the Commission ‘The European Green Deal’28 and legislative proposals stemming therein. Energy taxation canshould contribute to the ambition of at least 55 % reduction in net greenhouse gas emissions by 2030 compared to 1990,reducing greenhouse gas emissions in line with the European Climate Law, the achievement of the renewable and energy efficiency targets as well as to the objective of zero pollution through the implementation of the polluter-pays principle, by ensuring that the taxation of motor fuels, heating fuels and electricity betterthoroughly reflects the impact they have on the environment and on health, health and biodiversity. The contribution of energy taxation to those objectives has been endorsed by the Council Conclusions on the EU energy taxation framework29 . _________________ 28 COM(2019) 640 final of 11 December 2019. 29 14861/19 of 5 December 2019.
2022/04/08
Committee: ECON
Amendment 97 #

2021/0213(CNS)

Proposal for a directive
Annex I – table B
Table B. — Minimum levels of taxation applicable to motor fuels used for the purpose set out in Article 8(2) (in EUR/Gigajoule) Energy Energy component rate component rate (EUR/GJ) (EUR/GJ) Start of transitional Final rate after completion of period transitional period (01.01.2033) (01.01.2023) before indexation Gas oil 0,9 0,9 Heavy fuel oil 0,9 0,9 Kerosene 0,9 0,9 Non-sustainable biofuels 0,9 0,9 Liquefied Petroleum Gas 0,6 9 0,9 (LPG) Natural gas 0,6 0,9 0,9 Non-sustainable biogas 0,6 0,9 0,9 Non renewable fuels of 0,6 9 0,9 non-biological origin Sustainable food and feed 0,45 0,9 crop biofuels Sustainable food and feed Food and feed crop biofuels 0,9 0,9 Food and feed crop biogas 0,45 9 0,9 crop biogas Sustainable biofuels 0,45 0,456 Sustainable biogas 0,45 0,456 Low-carbon fuels 0,15 0,9 0,45 9 Renewable fuels of non- 0,15 0,15 biological origin Advanced sustainable 0,15 0,15 biofuels and biogas
2022/03/25
Committee: AGRI
Amendment 99 #

2021/0213(CNS)

Proposal for a directive
Recital 3 a (new)
(3 a) It is essential that the Directive implements the principles stemming from the Union strategy on energy system integration, hence reflecting in its provisions the cascading priority to first promote energy efficiency and savings throughout the economy, subsequently direct renewable electrification and for those applications that cannot be abated by other means, the use of fuels based on sustainable renewables, as well as enhance the use of heat and storage to foster further integration across sectors, thus supporting the energy transition and boosting citizen participation while keeping costs for the Union authorities and the Union citizens affordable.
2022/04/08
Committee: ECON
Amendment 103 #

2021/0213(CNS)

Proposal for a directive
Annex I – table C
Table C. — Minimum levels of taxation applicable to heating fuels (in EUR/Gigajoule Energy Energy component rate component rate (EUR/GJ) (EUR/GJ) Start of transitional Final rate after completion of period period transitional period (01.01.2033) (01.01.2023) before indexation Gas oil 0,9 0,9 Heavy fuel oil 0,9 0,9 Kerosene 0,9 0,9 Coal and coke 0,9 0,9 Non-sustainable bioliquids 0,9 0,9 Non-sustainable solid products falling within CN 0,9 0,9 0,9 codes 4401 and 4402 Liquefied Petroleum Gas 0,6 9 0,9 (LPG) Natural gas 0,9 0,6 0,9 0,9 Non-sustainable biogas 0,6 0,9 0,9 Non renewable fuels of 0,6 9 0,9 non-biological origin Sustainable food and feed crop 0,45 9 0,9 crop bioliquids Sustainable food and feed crop biogas 0,459 0,9 crop biogas Sustainable bioliquids 0,45 0,456 Sustainable biogas 0,45 0,456 Sustainable solid products falling within CN codes 0,45 0,456 falling within CN codes 4401 and 4402 Low-carbon fuels 0,15 0,9 0,45 9 Renewable fuels of non- 0,15 0,15 biological origin Advanced sustainable bioliquids, biogas and 0,15 0,15 products falling within CN codes 4401 and 4402
2022/03/25
Committee: AGRI
Amendment 106 #

2021/0213(CNS)

Proposal for a directive
Recital 4
(4) Environmental taxation can beis a cost- effective mean for the Union and Member States to become energy independent and achieve the targeted reductions of greenhouse gasses, improve energy savings and energy efficiency, while spurring the uptake of renewable energy source. The proper functioning of the internal market requires common rules on that taxation.
2022/04/08
Committee: ECON
Amendment 107 #

2021/0213(CNS)

Proposal for a directive
Recital 4 a (new)
(4 a) This Directive and the revision of Directive 2003/87/EC have to be better aligned to guarantee effective carbon pricing throughout the Union and across sectors. A minimum carbon price, introduced through this Directive, would complement the reform of the EU Emission Trading System and would help to achieve the Union 2030 climate targets in a cost-efficient way.
2022/04/08
Committee: ECON
Amendment 108 #

2021/0213(CNS)

Proposal for a directive
Recital 4 b (new)
(4 b) The introduction of a minimum carbon price in this Directive would allow the deduction of the carbon price established in the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC to avoid double taxation.
2022/04/08
Committee: ECON
Amendment 111 #

2021/0213(CNS)

Proposal for a directive
Recital 6
(6) Appreciable differences in the national levels of energy taxation applied by Member States could prove detrimental to the proper functioning of the internal market as well as to the achievement of the climate and energy goals. The European Court of Auditors also identified that the level of taxation of energy sources does not reflect their greenhouse gas emissions in the Union. In addition, the price of energy products does not reflect the environmental cost of emissions.
2022/04/08
Committee: ECON
Amendment 117 #

2021/0213(CNS)

Proposal for a directive
Recital 12
(12) In order to ensure a smooth implementation of certain provisions relating to some products or uses, a transitional period of application ismay be needed.
2022/04/08
Committee: ECON
Amendment 121 #

2021/0213(CNS)

Proposal for a directive
Recital 14
(14) Fiscal arrangements made in connection with the implementation of this Union framework for the taxation of energy products and electricity are a matter for each Member State to decide. In this regard, Member States might decide not to increase the overall tax burden if they consider that the implementation of such a principle of tax neutrality could contribute to the restructuring and the modernisation of their tax systems by encouraging behaviour conducive to greater protection of the environment and increased labour use, including by spurring energy efficiency renewable energy uptake, and increased labour use. It is strongly encouraged to design the tax system in such way that the potential regressive nature of the energy taxation directive is minimised and where necessary compensated through a strong progressivity of the tax system, along with redistributive policies.
2022/04/08
Committee: ECON
Amendment 122 #

2021/0213(CNS)

Proposal for a directive
Recital 14 a (new)
(14 a) The average impact of the current proposal on welfare is estimated to be very limited across all Member States. As electricity constitutes a large share of expenditure of lower-income households, the proposed electricity tax rate reductions have substantially progressive impact across the Union-wide distribution and the distribution within all Member States that would need to apply them.
2022/04/08
Committee: ECON
Amendment 123 #

2021/0213(CNS)

Proposal for a directive
Recital 15
(15) Energy prices are key elements of energy, transport and environment policies in the Union . In the context of high energy prices due to volatility in international fossil fuels markets, recalls that Member States could mitigate the increase in retail prices for vulnerable households and microenterprises by, among other things, reducing taxes and levies in consumers’ energy bills, as foreseen in the Directive (EU) 2019/944 (Electricity Market Directive) and also recalled in the Communication of the Commission of 13 October 2021 on Tackling rising energy prices: a toolbox for action and support.
2022/04/08
Committee: ECON
Amendment 128 #

2021/0213(CNS)

Proposal for a directive
Recital 18
(18) Energy products used as a motor fuel for certain purposes and those used as heating fuel are normally taxed at lower levels than those applicable to energy products used as a propellant. Electricity should always be among the least taxed energy sources in view of fostering its use, notablyincluding in the transport sector and heating and cooling. To that purpose, Member States should endeavour to apply the same level of taxation to electricity used to charge electric vehicles as for heating and cooling purposes during the necessary time following the entry into force of this Directive.
2022/04/08
Committee: ECON
Amendment 136 #

2021/0213(CNS)

Proposal for a directive
Recital 20 a (new)
(20 a) The climate impact of aviation has been long established by the scientific community, and in particular by the Intergovernmental Panel for Climate Change at least since its 1999 Special report on Aviation and the Global Atmosphere1a. Unlike other greenhouse- emitting sectors, aviation has moreover experienced a major increase in its volume and therefore its aggregated emissions have doubled in the last three decades, with a nearly 28% increase since 2013 only in Europe. Recent data suggest that at least half of all those emissions are generated by 1% of the world’s population only, and mainly by the part with the highest income. A recent EASA study1b moreover points out that the non-CO2 emissions might have a clime impact at least twice as big as the CO2 emissions alone. The composition of the fossil fuel widely used nowadays in the sector is mainly responsible for these climate impacts, and there is therefore an urgent need for their internalisation through adequate taxation. Establishing a jet fuel tax on intra-EU flights should be an additional disincentive to the operation of the so-called “ghost flights”, complementing necessary measures to be taken further in the airport slots regulation revision that effectively prevent the operation of such empty or quasi- empty flights. _________________ 1a IPCC Special report: Aviation and the Global Atmosphere (1999) https://www.unep.org/resources/report/ipc c-special-report-aviation-and-global- atmosphere 1b Report from the Commission to the European Parliament and the Council: Updated analysis of the non-CO2 climate impacts of aviation and potential policy measures pursuant to EU Emissions Trading System Directive Article 30(4) https://www.easa.europa.eu/document- library/research-reports/report- commission-european-parliament-and- council
2022/04/08
Committee: ECON
Amendment 143 #

2021/0213(CNS)

Proposal for a directive
Recital 21
(21) The Union and the Member States have concluded multilateral agreements regarding air services and air transport, or bilateral agreements with third countries. Those agreements include provisions related to the taxation of aviation fuel based on an interpretation of the original provisions of the Chicago Convention on Civil Aviation, which in 1944 laid foundation for the International Civil Aviation Organisation. The only explicit restriction to fuel taxation is set out in Article 24 of that Convention and it refers to fuel already present in the tank when landing, in order to avoid double taxation, but it does not refer explicitly to additionally refuelled content. Aviation fuel has traditionally had a privileged tax regime. The need to pursue the objectives of the Directive requires that, without prejudice to those international agreements, energy products and electricity supplied for intra-EU air navigation, except cargo-only flights should be taxed. The exemption for the fuel used by cargo-only flights is still needed in the absence of more efficient alternatives should be taxed. In future revisions of such international aviation agreements, the current loopholes allowing for jet fuel tax exemptions for flights departing from or arriving at Union airports should be eliminated.
2022/04/08
Committee: ECON
Amendment 149 #

2021/0213(CNS)

Proposal for a directive
Recital 22
(22) In order to ensure a smooth implementation of this Directiveproper internalisation of the real costs of aviation sector, enabling a level-playing field with other transport modes, the minimum levels of taxation for motor fuels used for intra-EU non-business and non- pleasure flights wshould be reached over a transitional period of ten years, whereas sustainable alternative fuels and electricity would be subject to a zero minimum rate for ten yearsimplemented immediately, whereas advanced biofuels, RFNBOs and electricity would be subject to a zero minimum rate for ten years , including electricity supplied for stationary functioning and electric taxiing operations on the ground. Energy products and electricity used for intra-EU business aviation and pleasure flights should be subject to the standard levels of taxation applicable to motor fuels and electricity in the Member States. Cargo flights should be subject to the same obligations as other flights, in order not to generate a further distortion of the level- playing field, which would ultimately hinder the objective of a modal shift to rail, also for freight, as introduced by the communication of the Commission of 9 December 2020 on Sustainable and Smart Mobility Strategy.
2022/04/08
Committee: ECON
Amendment 151 #

2021/0213(CNS)

Proposal for a directive
Recital 22 a (new)
(22 a) According to the IPCC Special Report on the Ocean and Cryosphere in a Changing Climate, the global ocean has warmed unabated since 1970 and has taken up more than 90% of the excess heat in the climate system and by absorbing more CO2, the ocean has undergone increasing surface acidification and a loss of oxygen has occurred from the surface to 1000 m. According to data from IMO and FAO, globally, fishing vessels (including inland vessels) consumed 53.9 million tonnes of fuel in 2012, emitting 172.3 million tonnes of CO2, (equivalent to 0.5% of total global CO2 emissions that year), while aquaculture accounted for approximately 0.45% of global greenhouse gas emissions in 2013.
2022/04/08
Committee: ECON
Amendment 156 #

2021/0213(CNS)

Proposal for a directive
Recital 23
(23) Fuel used for waterborne navigation, including fishing, should also be taxed, and the Member States party to international agreements providing for the exemption of that fuel, have to, by the date of the application of this Directive, ensure they eliminate the incompatibilities. It is necessary to allow for a different level of taxation to be applied to the use of energy products and electricity for intra-EU waterborne regular service navigation, fishing and freight transport and their respective at berth activities. Considering the specificity of those uses, the minimum levels of taxation should be lower than the ones applicable to general motor fuel use. Particularly for cargo ships, the taxation levels should provide incentives for the uptake of technological innovation enabling the assistance of wind power in order to significantly improve the energy performance of vessels. In order to provide an incentive to the use of sustainable alternative fuels and electricity, including full electrification at berth, such fuels and electricity should be exempted from taxation for ten years. Energy products and electricity used for the remaining intra-EU waterborne navigation should be subject to the standard levels of taxation applicable to motor fuels and electricity in the Member States.
2022/04/08
Committee: ECON
Amendment 158 #

2021/0213(CNS)

Proposal for a directive
Recital 23 a (new)
(23 a) Fuel subsidies perform poorly in terms of increasing incomes for fishers, and "fossil fuel subsidies represent an obstacle in reaching climate goals because they hinder the green energy transition", according to the conclusions in the ECA review 01/2022 on Energy taxation, carbon pricing and energy subsidies.
2022/04/08
Committee: ECON
Amendment 164 #

2021/0213(CNS)

Proposal for a directive
Recital 24
(24) For extra-EU air navigation, without prejudice to current international obligations which should be consequently reviewed, and for extra-EU waterborne navigation, including fishing, Member States may exempt or apply the same levels of intra- EU taxation, according to the type of activity.
2022/04/08
Committee: ECON
Amendment 165 #

2021/0213(CNS)

Proposal for a directive
Recital 24 a (new)
(24 a) Ending fuel tax exemptions in the fisheries sector should not result in a burden for small-scale fisheries. Member States should invest the revenues generated by fuel taxes in the fisheries sector to fund projects aimed at strengthening small-scale fisheries' resilience and position in the value chain and at facilitating the transition of small- scale fisheries to energy-efficient vessels using sustainable renewable energy.
2022/04/08
Committee: ECON
Amendment 168 #

2021/0213(CNS)

Proposal for a directive
Recital 25
(25) Member States should be permitted to apply certain other exemptions or reduced levels of taxation, where that will not be detrimental to the environmental, energy, climate and just transition objectives, to the proper functioning of the internal market and will not result in distortions of competition.
2022/04/08
Committee: ECON
Amendment 170 #

2021/0213(CNS)

Proposal for a directive
Recital 26
(26) In particular, highly efficient combined heat and power generation and, in order to promote the use of alternative energy sources,sustainable renewable forms of energy they may qualify for preferential treatment.
2022/04/08
Committee: ECON
Amendment 172 #

2021/0213(CNS)

Proposal for a directive
Recital 27
(27) Temporary targeted reductions in the tax level may prove necessary to could provide an incentive to energy-inctentsivise the achievement of environmental protection objectives ande industries, SMEs and start-ups to achieve a green transition in the Union productive sector. Such reductions should be conditional on the improvlements in energy efficiency of the Union productive sectoration by the beneficiaries of specific measures to achieve circular, pollution-free, highly energy-efficient and renewable based operations.
2022/04/08
Committee: ECON
Amendment 177 #

2021/0213(CNS)

Proposal for a directive
Recital 28
(28) Targeted reductions in the tax level may prove necessary to tackle the social impact of energy taxes. An exemption from taxation may temporarily prove necessary to protect vulnerable households. Tax exemptions could be a temporary alleviation, as structural responses are required to eradicate energy poverty in the first place. For example, renovating buildings is a key solution to reducing energy consumption and alleviating energy poverty and vulnerability. The benefits of lower overall energy bills, not only on its tax portion, are even more relevant in a context of high energy prices. People living in worst performing buildings and people facing energy poverty would benefit from renovated and better buildings and lower energy costs, and would be buffered from further increases and fluctuations in market prices.
2022/04/08
Committee: ECON
Amendment 185 #

2021/0213(CNS)

Proposal for a directive
Recital 28 a (new)
(28 a) To empower citizens and consumers in the energy transition, and facilitate investment in energy efficiency and renewable energy sources, taxation should incentivise both individual and joint local self-production, storage, sharing, and consumption of renewable energy. That should also promote renewable energy communities, as an organisational concept aimed at allowing households, including vulnerable and poor ones, SMEs, start- ups and local authorities to collaborate to take ownership in the energy transition.
2022/04/08
Committee: ECON
Amendment 189 #

2021/0213(CNS)

Proposal for a directive
Recital 29
(29) In view of the financial, economic and, environmental and protection of human health effects on each Member State, such as the need of electrification of the transport and heating and cooling sectors, it is necessary to provide for a procedure authorising the introduction by Member States, for a set period, of other exemptions or reduced levels of taxation. For reasons of protection of environment and human health, including the reduction of air pollution, it is necessary to provide for a procedure authorising the introduction by Member States, for a set period, of specific increased rates. Such authorisation, following a justified request by Member States and on a proposal from the Commission, should be adopted by means of a Council implementing decision in accordance with Article 291 of the TFEU. Such measures should be under regular review.
2022/04/08
Committee: ECON
Amendment 194 #

2021/0213(CNS)

Proposal for a directive
Recital 36
(36) Every five years and for the first time fivthree years after the entry into force of this Directive, the Commission should report to the Council and to the European Parliament on the application of this Directive, examining in particular whether the minimum levels of taxation should be increased or expanded to reflect further the carbon content and air pollution component of energy products taking into account the impact of the EU Emission Trading System on carbon pricing and whether the revised Energy Taxation Directive sufficiently contributes to meaningful carbon pricing inducing behavioural change, the impact on reduction of greenhouse gases taking into account the advice of the European Scientific Advisory Board on Climate Change, the impact of innovation and technological developments, especially as regards energy efficiency, the use of electricity in transport and the justification for the exemptions, reductions and differentiations laid down in this Directive. The report should take into account the proper functioning of the internal market, environmental, biodiversity and social considerations, the real value of the minimum levels of taxation and the wider relevant objectives of the Treaties.
2022/04/08
Committee: ECON
Amendment 200 #

2021/0213(CNS)

Proposal for a directive
Article 1 – paragraph 2 – introductory part
2. For the purposes of this Directive,Member States shall distinguish between CO2-related taxation and general energy consumption taxation. CO2- related taxation shall be calculated in EUR/t of CO2 emissions, on the basis of the reference CO2 emission factors set out in point 11 of Annex I to Commission Decision 2007/589/EC of 18 July 2007 establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council. In the case of products derived from biomass the reference values shall be those set out in Annex V to Directive (EU) 2018/2001. Where Commission Decision 2007/589/EC of 18 July 2007 or Directive (EU) 2018/2001, as the case may be, do not contain the carbon content for the product concerned, Member States shall refer to relevant available information on the carbon content. General energy consumption taxation shall be calculated in EUR/Gigajoules on the basis of net calorific value of the energy products and electricity as set out in Annex IV to Directive 2012/27/EU, converted in Gigajoules. In the case of products derived from biomass the reference values shall be those set out in Annex III to Directive (EU) 2018/2001, converted in Gigajoules.
2022/04/08
Committee: ECON
Amendment 202 #

2021/0213(CNS)

(1) Unless otherwise specified, the provisions of this Directive shall apply both to CO2-related taxation and to general energy consumption taxation.
2022/04/08
Committee: ECON
Amendment 204 #

2021/0213(CNS)

Proposal for a directive
Article 2 – paragraph 4 – introductory part
4. Taxable products, referred to in paragraphs 1 and 3, produced or derived from biomass are subject under fiscal control to the specific levels of taxation set out for those products in accordance with this Directive, provided that they fulfil either of following criteria:
2022/04/08
Committee: ECON
Amendment 205 #

2021/0213(CNS)

Proposal for a directive
Article 2 – paragraph 4 – point a
a) the sustainability and greenhouse gas saving criteria set out in Article 29 of Directive (EU) 2018/2001, excluding high indirect land-use change-risk products set out in Article 26(2) of that Directiveenergy products and electricity produced from woody biomass;
2022/04/08
Committee: ECON
Amendment 206 #

2021/0213(CNS)

Proposal for a directive
Article 2 – paragraph 4 – point a a (new)
a a) are not high indirect land-use change-risk products set out in Article 26(2) of that Directive
2022/04/08
Committee: ECON
Amendment 207 #

2021/0213(CNS)

Proposal for a directive
Article 2 – paragraph 4 – point b
b) are produced from the feedstock listed in Annex IX of Directive (EU) 2018/2001, excluding biogas and biofuels produced from the feedstock listed in points (g) to (q) of Part A of Annex IX.
2022/04/08
Committee: ECON
Amendment 208 #

2021/0213(CNS)

Proposal for a directive
Article 2 – paragraph 4 – subparagraph 2
For the purposes of this Directive, ‘advanced’Biofuels, biogas, and bioliquids and products falling within CN codes 4401 and 4402 shall mean products produced from the feedstock listed in part AB of Annex IX to the Directive (EU) 2018/2001. Biofuels, biogas and bioliquids produ shall be considered equivalent to advanced fprom the feedstock listed in part B of Annex IX to that Directive shall be considered equivalent to advanced productsducts up to national consumption levels consistent with the cap set out in article 27 (1) b of that Directive.
2022/04/08
Committee: ECON
Amendment 210 #

2021/0213(CNS)

Proposal for a directive
Article 2 – paragraph 5 – point b
b) low-carbon fuels’ shall mean low- carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen, as well as any fossil-based fuels, which meet the technical screening criteria for determining the conditions under which a specific economic activity qualifies as contributing substantially to climate change mitigation according to Article 10 of Regulation (EU) 2020/852 of the European Parliament and of the Council36 and Annex I to Delegated Regulation (EU) […]/[…]37 . ‘Recycled Carbon Fuels’, as defined by Article 2(35) of Directive (EU) 2018/2001, shall be included in this category. _________________ 36 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13) 37 Commission Delegated Regulation (EU) […]/[...] supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives, C'low-carbon fuels’ as defined in [ Directive on common rules for the internal markets in renewable and natural gases and in hydrogen COM/2021/2800 final (OJ […], p.[…])3].
2022/04/08
Committee: ECON
Amendment 217 #

2021/0213(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point b – indent 2 – paragraph 1
An energy product has a dual use when it is used both as heating fuel and for purposes other than as motor fuel and heating fuel. The use of renewable energy products for chemical reduction and in electrolytic and metallurgical processes, when energy products are used directly in or to provide a direct energy input to the process, or their consumption is connected to the process, shall be regarded as dual use,
2022/04/08
Committee: ECON
Amendment 218 #

2021/0213(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point b – indent 3
renewable electricity used principally for the purposes of chemical reduction and in electrolytic and metallurgical processes, when renewable electricity is used directly in or to provide a direct energy input to the process, or its consumption is connected to the process,
2022/04/08
Committee: ECON
Amendment 223 #

2021/0213(CNS)

Proposal for a directive
Article 4 – paragraph 1
1. The levels of taxation which Member States shall apply to the energy products and electricity listed in Article 2 may not be less than the minimum levels of taxation prescribed by this Directive being the sum of the energy component rate and the carbon component rate which is derived from the minimum carbon price indicated in Annex I of this directive.
2022/04/08
Committee: ECON
Amendment 224 #

2021/0213(CNS)

Proposal for a directive
Article 4 – paragraph 2
2. For the purpose of this Directive ‘level of taxation’ is the total charge levied in respect of all indirect taxes (except VAT) including the carbon price established in the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, calculated directly or indirectly on the quantity of energy products and electricity at the time of release for consumption.
2022/04/08
Committee: ECON
Amendment 240 #

2021/0213(CNS)

Proposal for a directive
Article 7 – paragraph 2
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table A of Annex I, the increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033.
2022/04/08
Committee: ECON
Amendment 243 #

2021/0213(CNS)

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table B of Annex I, the increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low- carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033.deleted
2022/04/08
Committee: ECON
Amendment 246 #

2021/0213(CNS)

Proposal for a directive
Article 8 – paragraph 2 – point a
(a) agricultural, horticultural or aquaculture works, and in forestry;deleted
2022/04/08
Committee: ECON
Amendment 249 #

2021/0213(CNS)

Proposal for a directive
Article 9 – paragraph 2
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table C of Annex I, the increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033.
2022/04/08
Committee: ECON
Amendment 252 #

2021/0213(CNS)

Proposal for a directive
Article 13 – paragraph 1
1. Member States shall exempt from taxation under fiscal control renewable energy products and renewable electricity used to produce electricity and electricity used to maintain the ability to produce electricity.
2022/04/08
Committee: ECON
Amendment 255 #

2021/0213(CNS)

Proposal for a directive
Article 13 – paragraph 2
2. By derogation from paragraph 1, Member States may, for reasons of environmental, climate and energy policy, subject the products referred to in paragraph 1 to taxation without having to respect the minimum levels of taxation laid down in this Directive. In such case, the taxation of those products shall replicate the ranking between the minimum levels of taxation as laid down in Annex I and shall not be taken into account for the purposes of satisfying the minimum level of taxation on electricity laid down in Article 10.
2022/04/08
Committee: ECON
Amendment 260 #

2021/0213(CNS)

1. Without prejudice to international obligations and to Article 5 of this Directive, as applicable as a single use to intra-EU air navigation of flights other than business and pleasure flights, Member states shall apply under fiscal control not less than the minimum levels of taxation prescribed in this Directive to energy products supplied for use as fuel to aircrafts, and to electricity used directly for charging electric aircrafts, for the purposes of intra-EU air navigation of those flights including business and pleasure flights. For the purposes of this Article, ‘pleasure flights” shall mean the use of an aircraft for personal or recreational purposes not associated with a business or professional use. For these flights the rates indicated in Table A of Annex I shall be doubled.
2022/04/08
Committee: ECON
Amendment 267 #

2021/0213(CNS)

Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2
The minimum levels of taxation referred to in the first subparagraph shall start from zero and increase each year by one tenth of the final minimum rates, set out in Tables A and D of Annex I, over a transitional period of ten years. A minimum rate of zero shall apply to sustainable biofuels and biogas, low- carbon fuels,A minimum rate of zero shall apply to renewable fuels of non- biological origin, advanced sustainable biofuels and biogas, and electricity over that transitional period of ten years set out in Tables A and D of Annex I.
2022/04/08
Committee: ECON
Amendment 269 #

2021/0213(CNS)

Proposal for a directive
Article 14 – paragraph 1 – subparagraph 4
For the purposes of this Article, ‘business aviation’ shall mean the operation or use of aircraft by companies or individuals for any purposes, including the carriage of passengers, cargo or goods as an aid to the conduct of their business, flown for purposes generally considered not for public hire and piloted by individuals having, at the minimum, a valid commercial pilot license with an instrument rating.
2022/04/08
Committee: ECON
Amendment 273 #

2021/0213(CNS)

Proposal for a directive
Article 14 – paragraph 2
2. Energy products supplied for use as fuel to aircrafts and electricity used directly for charging electric aircrafts, for the purposes of intra-EU air navigation of cargo-only flights shall be exempted. By derogation from the first subparagraph of this paragraph, Member states may apply the same level of taxation laid down in paragraph 1 to cargo-only domestic flights referred to in the first subparagraph of this paragraph. Where a Member State has entered into an agreement with one or several Member States, it may also apply the same level of taxation laid down in paragraph 1 to intra-EU air navigation of cargo-only flights mentioned in the first subparagraph. For the purposes of this paragraph, ‘cargo-only flight’ shall mean a scheduled or non-scheduled air service performed by aircraft carrying revenue loads other than revenue passengers, excluding flights carrying one or more revenue passengers and flights listed in published timetables as open to passengers.deleted
2022/04/08
Committee: ECON
Amendment 279 #

2021/0213(CNS)

Proposal for a directive
Article 14 – paragraph 3
3. Without prejudice to international obligations, Member States may exempt or apply the same levels of taxation applied for intra- EU air navigation to extra-EU air navigation according to the type of flight.
2022/04/08
Committee: ECON
Amendment 281 #

2021/0213(CNS)

Proposal for a directive
Article 14 – paragraph 5 – introductory part
5. Member States may apply under fiscal control total or partial exemptions to electricity supplied to stationary aircrafts, as well as for the purpose of autonomous electric taxiing by aircrafts, or to electric ground vehicles assisting in pushback and towing operations.
2022/04/08
Committee: ECON
Amendment 282 #

2021/0213(CNS)

Proposal for a directive
Article 14 – paragraph 5 – subparagraph 1
For the purposes of the first subparagraph, ‘electricity supply to stationary aircraft’ shall mean the supply of electricity through a standardised fixed or mobile interface to aircraft when stationed at the gate or at an airport outfield position.
2022/04/08
Committee: ECON
Amendment 284 #

2021/0213(CNS)

Proposal for a directive
Article 15 – paragraph 1 – introductory part
1. Without prejudice to Article 5, Member states shall apply, as a single use, under fiscal control not less than minimum levels of taxation as set out in Tables BA and D of Annex I to energy products supplied for use as fuel to vessels, and to electricity used directly for charging electric vessels, for the purposes of intra-EU waterborne regular service navigation, fishing and freight transport.
2022/04/08
Committee: ECON
Amendment 287 #

2021/0213(CNS)

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
For the purposes of the first subparagraph, electricity shall be ranked among motor fuels indicated in Table BA of Annex I.
2022/04/08
Committee: ECON
Amendment 290 #

2021/0213(CNS)

Over a transitional period of ten years, minimum rates of zero shall apply to sustainable biofuels and biogas, low- carbon-fuels, renewable fuels of non- biological origin, advanced sustainable biofuels and biogas and electricity set out in Tables A and D of Annex I.
2022/04/08
Committee: ECON
Amendment 291 #

2021/0213(CNS)

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 3
For the purposes of this Article, ‘intra-EU waterborne navigation’ shall mean navigation between twoarriving to or departing from a ports located in the Union, including domestic navigation.
2022/04/08
Committee: ECON
Amendment 293 #

2021/0213(CNS)

Proposal for a directive
Article 15 – paragraph 2
2. Member states may exempt or apply the same levels of taxation applied for intra-EU waterborne navigation to extra-EU waterborne navigation according to the type of activity.
2022/04/08
Committee: ECON
Amendment 295 #

2021/0213(CNS)

Proposal for a directive
Article 15 – paragraph 5
5. Member States mayshall apply under fiscal control total or partial exemptions to electricity directly supplied to vessels berthed in ports or vessels’ mobile batteries recharged at berth.
2022/04/08
Committee: ECON
Amendment 303 #

2021/0213(CNS)

Proposal for a directive
Article 16 – paragraph 1 – introductory part
Without prejudice to other Union provisions, Member States mayshall apply under fiscal control exemptions or reductions in the level of taxation to:
2022/04/08
Committee: ECON
Amendment 304 #

2021/0213(CNS)

Proposal for a directive
Article 16 – paragraph 1 – point a
(a) taxable products used under fiscal control in the field of pilot projects for the technological development of more environmentally-friendly products or in relation to fuels from renewable resources;sustainable renewable energy-based products
2022/04/08
Committee: ECON
Amendment 307 #

2021/0213(CNS)

Proposal for a directive
Article 16 – paragraph 1 – point b – introductory part
(b) renewable electricity:
2022/04/08
Committee: ECON
Amendment 309 #

2021/0213(CNS)

Proposal for a directive
Article 16 – paragraph 1 – point b – indent 3
— generated from sustainable biomass or from products produced from sustainable biomass;deleted
2022/04/08
Committee: ECON
Amendment 310 #

2021/0213(CNS)

Proposal for a directive
Article 16 – paragraph 1 – point b – indent 4
— generated from methane emitted by abandoned coalmines;deleted
2022/04/08
Committee: ECON
Amendment 311 #

2021/0213(CNS)

Proposal for a directive
Article 16 – paragraph 1 – point b – indent 5
— generated from fuel cells powered by renewable fuels of non-biological origin;
2022/04/08
Committee: ECON
Amendment 312 #

2021/0213(CNS)

Proposal for a directive
Article 16 – paragraph 1 – point b – indent 5 a (new)
- energy from renewable sources that are produced, consumed, stored, or shared by renewables self-consumers, jointly acting renewables self-consumers and final household and SMEs customers that participate as a member or shareholder in a renewable energy community, as defined in Directive 2018/2001
2022/04/08
Committee: ECON
Amendment 315 #

2021/0213(CNS)

Proposal for a directive
Article 16 – paragraph 1 – point b – paragraph 1
Member States may also refund to the producerrenewable energy producer, including renewable self-consumers, jointly-acting renewables self-consumers, and final household customers that participate as a member or shareholder in a renewable energy community, some or all of the amount of tax paid by the consumer on electricity produced from products specified in this paragraph.
2022/04/08
Committee: ECON
Amendment 317 #

2021/0213(CNS)

Proposal for a directive
Article 16 – paragraph 1 – point c
(c) electricity produced from combined heat and power generation, provided that cogeneration by the combined generators is high-efficiency cogeneration as defined in Article 2, point (34), of Directive 2012/27/EU. ;deleted
2022/04/08
Committee: ECON
Amendment 320 #

2021/0213(CNS)

Proposal for a directive
Article 16 – paragraph 1 – point d
(d) renewable fuels of non-biological origin, and advanced sustainable biofuels, bioliquids, biogas and advanced sustainable products falling within CN codes 4401 and 4402; and biogas
2022/04/08
Committee: ECON
Amendment 323 #

2021/0213(CNS)

Proposal for a directive
Article 16 – paragraph 1 – point e
(e) products falling within CN code 2705 used for heating purposes.deleted
2022/04/08
Committee: ECON
Amendment 329 #

2021/0213(CNS)

Proposal for a directive
Article 17 – paragraph 1 – point a
(a) reductions in the level of taxation, which shall not go below the minima as set out in Table C and D of Annex I, to energy products and electricity used for combined heat and power generation, without prejudice to Article 13;deleted
2022/04/08
Committee: ECON
Amendment 333 #

2021/0213(CNS)

Proposal for a directive
Article 17 – paragraph 1 – point b – introductory part
(b) reductions in the level of taxation, which shall not go below the minima as set out in Table B and D of Annex I, to energy products and electricity used for the carriage of goods and passengers by electrified rail, metro, tram and trolley bus, and for local public passenger transport, electric vehicles for waste collection, armed forces and public administration, for disabled people transport and ambulances;
2022/04/08
Committee: ECON
Amendment 337 #

2021/0213(CNS)

Proposal for a directive
Article 17 – paragraph 1 – point c – introductory part
(c) reductions in the level of taxation, which shall not go below the minima as set out in Table C and D of Annex I, to energy products used as heating fuel and electricity if used by households who are below the 150% of the national median equivalised disposable income and/or by organisations recognised as charitable by the Member State concerned. In the case of such charitable organisations, Member States shall confine the reduction to use for the purpose of non-business activities. Where mixed use takes place, taxation shall apply in proportion to each type of use. If a use is insignificant, it may be treated as nil.
2022/04/08
Committee: ECON
Amendment 344 #

2021/0213(CNS)

Proposal for a directive
Article 17 – paragraph 1 – point c – paragraph 2
For the purposes of point (c), energy products and electricity used by households recognised as vulnerable may be exempt for a maximum period of ten years after the entry into force of this Directive. For the purposes of this paragraph, ‘vulnerable households’ shalliving in a condition of energy poverty as defined in the [Recast of the Energy Efficiency Directive (recast) (COM(2021)558)] who are also below the 60% of the national median households significantly affected by the impacts of this Directive which, for the purpose of this Directive, mequivalised disposable income, may be exempt for a maximum period of ten yeanrs that they are below the ‘at risk of poverty’” threshold, defined as 60% of the national median equivalised disposable incomeafter the entry into force of this Directive..
2022/04/08
Committee: ECON
Amendment 349 #

2021/0213(CNS)

Proposal for a directive
Article 18 – paragraph 1 – introductory part
Without prejudice to Article 5, as applicable as a single use, Member States may apply tax reductions , which shall not go below the relevant minima as set out in Tables B, C and D of Annex I for a maximum period of ten years after the entry into force of this Directive, on the consumption of energy products used for heating purposes or for the purposes of Article 8(2) , points (b) and (c), and on electricity in the following cases:
2022/04/08
Committee: ECON
Amendment 351 #

2021/0213(CNS)

Proposal for a directive
Article 18 – paragraph 1 – point a – introductory part
(a) in favour of energy-intensive business conditional on the conclusion of agreements between them (beneficiaries), or associations of beneficiaries, and the Member State whereby the beneficiaries or associations of beneficiaries commit themselves to achieve highly energy efficient, circular, zero-pollution and renewable based business operation through actions which may relate, among other things, to a reduction in energy consumption, the uptake of sustainable renewable energy sources a reduction in emissions and other pollutants, or any other environmental protection measure.
2022/04/08
Committee: ECON
Amendment 357 #

2021/0213(CNS)

Proposal for a directive
Article 18 – paragraph 1 – point b – introductory part
(b) wherein favour of other businesses, especially SMEs and start-ups, conditional on the conclusion of agreements are concluded withbetween Member States and business entities as referred to in Article 19 or associations of such business entities , or where tradable perwhereby the beneficiaries or associations of beneficiaries commit scthemes or equivalent measures are implemented, as far as they lead to the achievement of environmental protection objectives or to improvements in energy efficiencyselves to achieve highly energy efficient, circular, zero-pollution and renewable based business operation through actions which may relate, among other things, to a reduction in energy consumption, the uptake of sustainable renewable energy sources a reduction in emissions and other pollutants, or any other environmental protection measure.
2022/04/08
Committee: ECON
Amendment 358 #

2021/0213(CNS)

Proposal for a directive
Article 18 – paragraph 1 – point b – paragraph 1 a (new)
The Member State verifies the necessity of a tax reduction to indirectly contribute to a higher level of environmental protection by means of an ex ante open public consultation where the sectors eligible for the reductions are properly described and a list of the largest beneficiaries for each sector is provided.
2022/04/08
Committee: ECON
Amendment 359 #

2021/0213(CNS)

Proposal for a directive
Article 18 – paragraph 1 – point b – paragraph 1 b (new)
The agreements referred to in Paragraph 1 letter a) and b) must fulfil the following cumulative conditions: (i) the substance of the agreements is negotiated by the Member State, specifies the targets and fixes a time schedule for reaching the targets; (ii) the Member State ensures independent and regular monitoring of the commitments in the agreements; (iii) the agreements are revised periodically in the light of technological and other developments and provide for effective penalties in the event that the commitments are not met.
2022/04/08
Committee: ECON
Amendment 360 #

2021/0213(CNS)

Proposal for a directive
Article 18 – paragraph 1 – point b – paragraph 1 c (new)
The Member State must also commit to monitoring that beneficiaries defined in letter a) and b) do one or more of the following: (a) when beneficiaries are required to conduct and energy audit under Article 8(4) of Directive 2012/27/EU, implement recommendations of the audit report, to the extent that the pay-back time for the relevant investments does not exceed 3 years and that the costs of their investments is proportionate; (b) reduce the GHG footprint of their electricity consumption, so as to cover as much energy consumption as possible, and at least 50 % from additional renewable energy sources; (c) invest at least 80% of the tax reduction amount in projects that lead to substantial reductions of the installation’s greenhouse gas emissions; where applicable, the investment should lead to reductions to a level well below the relevant benchmark used for free allocation in the Union ETS.
2022/04/08
Committee: ECON
Amendment 363 #

2021/0213(CNS)

Proposal for a directive
Article 20 – paragraph 1 – introductory part
1. In addition to the provisions set out in the previous Articles, in particular in Articles 14 , 15 , 16, 17 and 18, the Council, acting unanimously on a proposal from the Commission, may adopt implementing acts, authorising any Member State to introduce further exemptions or reductions for specific policy considerations. Where it is necessary, for reasons of just transition, protection of environment and human health, including the reduction of air pollution, the Council, acting unanimously on a proposal from the Commission, may adopt implementing acts, authorising any Member State to introduce specific increased rates derogating from the ranking between the minimum levels of taxation as laid down in Annex I.
2022/04/08
Committee: ECON
Amendment 364 #

2021/0213(CNS)

Proposal for a directive
Article 22 – paragraph 4 – subparagraph 1
For the purposes of the first subparagraph, electricity storage facilities, including electric vehicles, batteries owned by active consumers or renewable energy communities and transformers of electricity mayshall be considered as redistributors when they supply electricity and shall not be subject to any double taxation.
2022/04/08
Committee: ECON
Amendment 365 #

2021/0213(CNS)

Proposal for a directive
Article 25 – paragraph 1
1. Energy products released for consumption in a Member State, contained in the standard tanks of commercial motor vehicles and intended to be used as fuel by those same vehicles, as well as in special containers, and intended to be used for the operation, during the course of transport, of the systems equipping those same containers shall be taxed once at origin and not be subject to taxation in any other Member State.
2022/04/08
Committee: ECON
Amendment 380 #

2021/0213(CNS)

Proposal for a directive
Article 31 – paragraph 1
Every five years and for the first time fivthree years after 1 January 2023, the Commission shall submit to the Council and the European Parliament a report on the application of this Directive.
2022/04/08
Committee: ECON
Amendment 382 #

2021/0213(CNS)

Proposal for a directive
Article 31 – paragraph 2
The report by the Commission shall, inter alia, examine the minimum levels of taxationwhether Article 16 should be revised and whether the minimum levels of taxation should be increased or expanded to reflect further the carbon content and air pollution of energy products taking into account the impact of the Emission Trading System on carbon pricing, distributional impacts in light of the objectives of the European Green Deal with regard to achieving a just transition, and whether the revised energy taxation directive sufficiently contributes to meaningful carbon pricing inducing behavioural change, the impact on reduction of greenhouse gases taking into account the advice of the European Scientific Advisory Board on Climate Change, the impact of innovation and technological developments, in particular as regards energy efficiency, the use of electricity in transport, buildings and industry and the justification for the exemptions, reductions and differentiations laid down in this Directive. The report shall take into account the proper functioning of the internal market, environmental and social considerations, the real value of the minimum levels of taxation and the relevant wider objectives of the Treaties.
2022/04/08
Committee: ECON
Amendment 389 #

2021/0213(CNS)

Proposal for a directive
Annex I – table A – rows 1, 6, 7, 8, 9, 10, 11, 14 and column 3 a (new)
Table A. — Minimum levels of taxation applicable to motor fuels for the purposes of Article 7 (in EUR/Gigajoule)Energy Energy CO2 tax rate Start of Final component component (EUR/t CO2) transitional rate (EUR/GJ) rate (EUR/GJ) periodStart of Final rate after (01.01.2023) comple tion of transitional completion of period transiti onal (01.01.2023) period (01.01. 2033) (01.01.2033) before indexat ionindexation Petrol 10,75 10,75 10,75 45 Gasoil 10,75 10,75 10,75 45 10,75 Kerosene 10,75 10,75 45 10,75 Non-sustainable biofuels 10,75 10,75 10,75 45 Liquefied Petroleum Gas (LPG) 10,75 10,75 7,17 45 (LPG) 10,75 Natural gas 10,75 7,1710,75 10,75 45 Non-sustainable biogas 10,75 10,75 7,17 10,745 Non renewable fuels of non-biological origin 10,75 7,17 10,75 10,75 45 non-biological origin Sustainable food and feed crop biofuels 10,75 5,3810,75 10,745 feed crop biofuels Sustainable food and feed crop biogas 10,75 5,3810,75 10,745 feed crop biogas Sustainable biofuels 5,38 7,17 5,38 5,38 45 Sustainable biogas 5,38 7,17 5,38 5,38 45 Low-carbon fuels 10,75 10,175 5,38 45 Renewable fuels of non-biological origin 0,15 0,15 0,15 45 biological origin Advanced sustainable biofuels and biogas 0,15 0,15 0,15 45 biofuels and biogas
2022/04/08
Committee: ECON
Amendment 397 #

2021/0213(CNS)

Proposal for a directive
Annex I – table B – columns 2 and 3
Table B. — Minimum levels of taxation applicable to motor fuels used for the purpose set out in Article 8(2) (in EUR/Gigajoule) Start of Final transitional rate period after (01.01.2023) comple tion of transiti onal period (01.01. 2033) before indexat ion Energy component CO2 tax rate (EUR/t rate (EUR/GJ) CO2) Gas oil 0,9 45 0,9 0,9 Heavy fuel oil Heavy fuel oil 0,9 0,9 45 Kerosene 0,9 0,9 45 Non-sustainable biofuels 0,9 0,9 45 biofuels 0,9 Liquefied Petroleum Gas (LPG) 0,9 0,6 45 0,9 Gas (LPG) Natural gas 0,9 0,6 0,945 Non-sustainable biogas 0,9 0,6 0,945 Non renewable fuels of non-biological origin 0,69 0,945 non-biological origin Sustainable food and feed crop biofuels 0,9 0, 45 0,9feed crop biofuels Sustainable food and feed crop biogas 0,9 0, 45 0,9feed crop biogas Sustainable biofuels 0,45 0,45 0,45 Sustainable biogas 0,45 0,45 0,45 Low-carbon fuels 0.45 0,15 0,45 Renewable fuels of non-biological origin 0,15 0,15 45 non-biological origin Advanced sustainable biofuels and biogas 0,15 0,15 45 biofuels and biogas
2022/04/08
Committee: ECON
Amendment 404 #

2021/0213(CNS)

Table C. — Minimum levels of taxation applicable to heating fuels (in EUR/Gigajoule) Start of Energy Energy CO2 tax rate Final component component (EUR/t CO2) transitional rate (EUR/GJ) rate (EUR/GJ) Start of period after (01.01.2023) comple tion of Final rate after transitional completion of period transiti onal period (01.01. 2033) onal (01.01.2023) period (01.01.2033) before indexat ion Gas oil 0,9 0,9 ion. Gas oil 45 Heavy fuel oil 0,9 0,9 0,9 Heavy fuel oil 45 Kerosene 0,9 0,9 0,9 Kerosen45 Coal and coke 0,9 0,9 0,945 Coal and coke Non- 0,9 0,9 0,9 Non-45 sustainable bioliquids Non- 0,9 0,9 Non- 0,9 45 sustainable solid products falling within CN codes 4401 and 4402 Liquefied 0,9 0,9 0,9 CN codes 4401 and 4402 Liquefied45 Petroleum Gas (LPG) Natural gas 0,69 0,9 Natural gas 45 Non- 0,9 0,6 0,9 Non- 45 sustainable biogas Non renewable 0,9 0,6 9 0,9 45 Non renewable fuels of non- biological origin Sustainable 0,69 0,9 45 Sustainable food and feed crop bioliquids 0,45Sustainable 0,9 0,9 45 Sustainable food and feed crop biogas Sustainable 0,456 0,9 45 Sustainable bioliquids Sustainable 0,6 0,45 9 45 0,45biogas Sustainable biogas 0,6 0,45 0,45 Sustainable0,9 45 solid products falling within CN CN codes 4401 and 4402 Low-carbon 0,9 0,45 9 0,45 codes 4401 and 4402 Low-carbon fuels fuels Renewable 0,15 0,15 0,45 Renewable fuels of non- biological origin origin Advanced 0,15 0,15 45 Advanced sustainable bioliquids, biogas and 0,15 0,15 products falling within CN codes 4401 and 4402 Low-carbon fuels 4402 Renewable 0,15 0,15 45 0,45 Renewable fuels of non-biological origin 0,15 0,15 Advanced sustainable bioliquids, biogas and 0,15 0,15 products falling within CN codes 4401 and 4402 fuels of non- biological origin
2022/04/08
Committee: ECON
Amendment 36 #

2021/0114(COD)

Proposal for a regulation
Recital 9 a (new)
(9a) With the view to ensuring a fair level-playing field in the internal market, this Regulation should focus not only on financial contributions to the benefit of undertakings but also on receiving advantages that can be economically equivalent to a financial contribution. A wide-definition of foreign subsidy should therefore encompass cases where a third country fails to comply with minimum environmental, social and labour standards that are ratified under international conventions, thereby giving a competitive advantage to some undertakings;
2022/02/02
Committee: IMCO
Amendment 39 #

2021/0114(COD)

Proposal for a regulation
Recital 12
(12) Once the existence of a foreign subsidy is established, the Commission should assess whether the foreign subsidy distorts the internal market. This assessment should balance the short and long- term negative effects of a foreign subsidy in terms of distortion on the internal market with positive effects on the development of the relevant economic activity including any positive environmental or social externalities in the third country providing the subsidy. Unlike State aid granted by a Member State, foreign subsidies are not generally prohibited. Subsidies in the form of export financing may be a cause of particular concern because of their distortive effects. This is not the case if such financing is provided in line with the OECD Arrangement on officially supported export credits. The Commission should assess on a case-by- case basis whether a foreign subsidy distorts the internal market.
2022/02/02
Committee: IMCO
Amendment 43 #

2021/0114(COD)

Proposal for a regulation
Recital 14
(14) When applying these indicators, the Commission could take into account different elements such as the size of the subsidy in absolute terms or in relation to the size of the market or to the value of the investment. For instance, a concentration, in the context of which a foreign subsidy covers a substantial part of the purchase price of the target, is likely to be distortive. Similarly, foreign subsidies covering a substantial part of the estimated value of a contract to be awarded in a public procurement procedure are likely to cause distortions. If a foreign subsidy is granted for operating costs, it seems more likely to cause distortions than if it is granted for investment costs. Foreign subsidies to small and medium-sized undertakings may be considered less likely to cause distortions than foreign subsidies to large undertakings. Furthermore, the characteristics of the market, and in particular the competitive conditions on the market, such as barriers to entry, should be taken into account. Foreign subsidies leading to overcapacity by sustaining uneconomic assets or by encouraging investment in capacity expansions that would otherwise not have been built are likely to cause distortions. A foreign subsidy to a beneficiary that shows a low degree of activity in the internal market, measured for instance in terms of turnover achieved in the Union, is less likely to cause distortions than a foreign subsidy to a beneficiary that has a more significant level of activity in the internal market. Finally, foreign subsidies not exceeding EUR 5 million should be deemed, as a general rule, unlikely to distort the internal market within the meaning of this Regulation.
2022/02/02
Committee: IMCO
Amendment 56 #

2021/0114(COD)

Proposal for a regulation
Recital 7
(7) To ensure a level playing field throughout the internal market and consistency in the application of this Regulation, the Commission should be the sole authority competent to apply this Regulation. The Commission should have the power to examine any foreign subsidy to the extent it is in the scope of this Regulation in any sector of the economy on its own initiative relying on information from all available sources. To ensure effective control, in the specific case of large concentrations (mergers and acquisitions) and public procurement procedures above certain thresholds, the Commission should have the power to review foreign subsidies based on a prior notification by the undertaking to the Commission.
2022/02/03
Committee: ECON
Amendment 59 #

2021/0114(COD)

Proposal for a regulation
Recital 34
(34) When a foreign financial contribution is notified in the context of a public procurement procedure, the assessment should be limited to that procedure.deleted
2022/02/02
Committee: IMCO
Amendment 60 #

2021/0114(COD)

Proposal for a regulation
Recital 9
(9) There should be a financial contribution or an economically equivalent support provided, directly or indirectly, by the public authorities of a third country. The financial contribution or the economically equivalent support may be granted through public or private entities. Whether a public entity provides a financial contribution should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the country in which the entity operates including the government’s role in the economy. Financial contributions or economically equivalent support may also be granted through a private entity if its actions can be attributed to the third country.
2022/02/03
Committee: ECON
Amendment 61 #

2021/0114(COD)

Proposal for a regulation
Recital 36
(36) Foreign subsidies that enable an undertaking to submit a tender which is unduly advantageous, i.e. abnormally low tenders pursuant to Directive 2014/24/EU, in relation to the works, supplies or services concerned should be deemed to actually or potentially create a distortion in a public procurement procedure. Those distortions should therefore be assessed on the basis of the non-exhaustive set of indicators described in recitals 13 and 14 as well as the notion of unduly advantageous tender. The indicators should allow to determine how the foreign subsidy distorts competition by improving the competitive position of an undertaking and enabling it to submit an unduly advantageous tender. The opportunity should be given to undertakings to justify that the tender is not unduly advantageous, including by adducing the elements referred to in Article 69(2) of Directive 2014/24/EU. The prohibition of the award should only apply where the advantageous nature of the tender benefiting from foreign subsidies cannot be justified, the tender would be awarded the contract and the undertaking submitting the tender did not offer commitments considered appropriate and sufficient to fully and effectively remove the distortion.In this regard, non-compliance with international environmental, social and labour conventions by an undertaking should constitute an advantage economically equivalent to a financial contribution that has a distortive effect on competition resulting in an uneven level- playing field. The prohibition of the award should only apply where the advantageous nature of the tender benefiting from foreign subsidies cannot be justified
2022/02/02
Committee: IMCO
Amendment 64 #

2021/0114(COD)

Proposal for a regulation
Recital 10
(10) Such a financial contribution or economically equivalent support should confer a benefit to an undertaking engaging in an economic activity in the internal market. A financial contribution or economically equivalent support that benefits an entity engaging in non- economic activities does not constitute a foreign subsidy. The existence of a benefit should be determined on the basis of comparative benchmarks, such as the investment practice of private investors, rates for financing obtainable on the market, a comparable tax treatment, or the adequate remuneration for a given good or service. This assessment should also give due regard to any environmentally or socially harmful effects of such a benefit. If no directly comparable benchmarks are available, existing benchmarks could be adjusted or alternative benchmarks could be established based on generally accepted assessment methods.
2022/02/03
Committee: ECON
Amendment 67 #

2021/0114(COD)

Proposal for a regulation
Article 1 – paragraph 1
(1) This Regulation lays down rules and procedures for investigating foreign subsidies that distort the internal market and for redressing such distortions with a view to ensuring a fair level-playing field in the internal market. Such distortions may arise with respect to any economic activity, and in particular in concentrations and public procurement procedures.
2022/02/02
Committee: IMCO
Amendment 73 #

2021/0114(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point b
(b) the nature of the subsidy, including an advantage that is economically equivalent to a financial contribution;
2022/02/02
Committee: IMCO
Amendment 75 #

2021/0114(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
(ea) with reference to point (b), an advantage that is economically equivalent to financial contribution shall include policy measures enacted in a third country such as inadequately remunerated special or exclusive rights or a failure to comply with relevant minimum binding international environmental, social and labour requirements that are ratified in the legal international order.
2022/02/02
Committee: IMCO
Amendment 80 #

2021/0114(COD)

Proposal for a regulation
Article 3 – paragraph 2
(2) A foreign subsidy is unlikely to distort the internal market if its total amount is below EUR 5 millionthe de minimis threshold rule laid down in Commission Regulation N°1407/2013 over any consecutive period of three fiscal years.
2022/02/02
Committee: IMCO
Amendment 85 #

2021/0114(COD)

Proposal for a regulation
Article 3 – paragraph 2 a (new)
(2a) The Commission is empowered to adopt a delegated act to update the indicators referred to in paragraph 1.
2022/02/02
Committee: IMCO
Amendment 89 #

2021/0114(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 4
(4) a foreign subsidy or an advantage economically equivalent to a financial contribution enabling an undertaking to submit an unduly advantageous tender or abnormally low tender pursuant to Directive2014/24/EU, on the basis of which the undertaking would be awarded the public contract.
2022/02/02
Committee: IMCO
Amendment 94 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 1
(1) To remedy the distortion on the internal market actually or potentially caused by a foreign subsidy, the Commission mayshall impose redressive measures unless the balancing test pursuant to Article 5 has demonstrated that positive effects outweighs negative ones, including any positive environmental or social externalities in the third country granting the subsidy. The undertaking concerned may also offer commitments.
2022/02/02
Committee: IMCO
Amendment 101 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point h a (new)
(ha) excluding the undertaking from procurement procedures for a certain period of time when it is demonstrated that the undertaking has received distortive foreign subsidies or an advantage that is economically equivalent to a financial contribution that results in submission of abnormally low tenders.
2022/02/02
Committee: IMCO
Amendment 104 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 4
(4) The Commission mayshall impose reporting and transparency requirements.
2022/02/02
Committee: IMCO
Amendment 114 #

2021/0114(COD)

Proposal for a regulation
Article 1 – paragraph 1
(1) This Regulation lays down rules and procedures for investigating foreign subsidies that distort the internal market and for redressing such distortions with a view to ensuring a fair level-playing field. Such distortions may arise with respect to any economic activity, and in particular in concentrations and public procurement procedures.
2022/02/03
Committee: ECON
Amendment 116 #

2021/0114(COD)

Proposal for a regulation
Article 12 – paragraph 1
(1) The Commission mayshall conduct the necessary inspections of undertakings.
2022/02/02
Committee: IMCO
Amendment 124 #

2021/0114(COD)

Proposal for a regulation
Article 2 – paragraph 1
(1) For the purpose of this Regulation, a foreign subsidy shall be deemed to exist where a third country provides a financial contribution or an economically equivalent support which confers a benefit to an undertaking engaging in an economic activity in the internal market and which is limited, in law or in fact, to an individual undertaking or industry or to several undertakings or industries.
2022/02/03
Committee: ECON
Amendment 124 #

2021/0114(COD)

Proposal for a regulation
Article 12 – paragraph 7
(7) Upon requestnotification of the Commission, a Member State shall in its own territory carry out any inspection or other fact- finding measure under its national law in order to establish whether there is a foreign subsidy distorting the internal market.
2022/02/02
Committee: IMCO
Amendment 125 #

2021/0114(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a – introductory part
(a) a financial contribution shall include inter alia:
2022/02/03
Committee: ECON
Amendment 126 #

2021/0114(COD)

Proposal for a regulation
Article 26 – paragraph 1
Foreign subsidies or an advantage that is economically equivalent to a financial contribution that cause or risk causing a distortion in a public procurement procedure shall be understood as foreign subsidies that enable an undertaking to submit a tender that is unduly advantageous or abnormally low in relation to the works, supplies or services concerned. The assessment of whether there is a distortion on the internal market pursuant to Article 3 and whether a tender is unduly advantageous in relatForeign subsidies granted during the three years prionr to the works, supplies or services concerned shall be limited to the public procurement procedure at stake. Only foreign subsidies granted during the three years prior to the notificationnotification and known future subsidies to be effective during the performance of the contract shall be taken into account in the assessment.
2022/02/02
Committee: IMCO
Amendment 128 #

2021/0114(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b – introductory part
(b) the financial contribution or any other economically equivalent support provided by the third country shall include the financial contribution or any other economically equivalent support provided by:
2022/02/03
Committee: ECON
Amendment 130 #

2021/0114(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b a (new)
(b a) support that is economically equivalent to financial contribution shall : i) refer to a policy action or non-action in a third country including inadequately remunerated special or exclusive rights as well as any selective exemption from or failure to ensure compliance with applicable rules, such as obligations relating to applicable environmental, social and labour law and standards;and ii) result in a benefit to an undertaking engaging in an economic activity in the internal market that is economically equivalent to the benefit conferred by a financial contribution referred to under point b).
2022/02/03
Committee: ECON
Amendment 132 #

2021/0114(COD)

Proposal for a regulation
Article 2 – paragraph 2 a (new)
(2 a) The Commission is empowered to adopt a delegated act for the purpose of specifying the definition of economically equivalent support referred to in paragraphs 1 and 2(ba).
2022/02/03
Committee: ECON
Amendment 134 #

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 25100 million.
2022/02/02
Committee: IMCO
Amendment 140 #

2021/0114(COD)

Proposal for a regulation
Article 28 – paragraph 1
(1) When submitting a tender or a request to participate in a public procurement procedure, undertakings shall either notify to the contracting authority or the contracting entity all foreign financial contributions received in the three years preceding that notification or confirm in a declaration that they did not rknown future subsidies to be effecetive any foreign financial contributions in the last three yearsduring the performance of the contract. Undertakings which do not submitnotify such information or declaration shall not be awarded the contract.
2022/02/02
Committee: IMCO
Amendment 141 #

2021/0114(COD)

Proposal for a regulation
Article 3 – paragraph 2
(2) A foreign subsidy is unlikely to distort the internal market if its total amount is below EUR 5 millionthe de minimis threshold rule, laid down in Commission Regulation (EU) No 1407/2013 over any consecutive period of three fiscal years.
2022/02/03
Committee: ECON
Amendment 144 #

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 147 #

2021/0114(COD)

Proposal for a regulation
Article 3 – paragraph 2 a (new)
(2 a) The Commission is empowered to adopt a delegated act for the purpose of specifying and supplementing the indicators referred to in paragraph 1.
2022/02/03
Committee: ECON
Amendment 150 #

2021/0114(COD)

Proposal for a regulation
Article 28 – paragraph 6
(6) Where the Commission suspects that an undertaking may have benefitted from foreign subsidies in the three years prior to the submission of the tender or request to participate in the public procurement procedure or known future subsidies to be effective during the performance of the contract, it may request the notification of the foreign financial contributions received by that undertaking in any public procurement procedure which are not notifiable under Article 27(2) or fall within the scope of paragraph 5 of this Article, at any time before the award of the contract. Once the Commission has requested the notification of such a financial contribution, it is deemed to be a notifiable foreign financial contribution in a public procurement procedure.
2022/02/02
Committee: IMCO
Amendment 151 #

2021/0114(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 4
(4) a foreign subsidy enabling an undertaking to submit an unduly advantageous tender or an abnormally low tender as defined in the Directive 2014/24/EU, on the basis of which the undertaking would be awarded the public contract.
2022/02/03
Committee: ECON
Amendment 155 #

2021/0114(COD)

Proposal for a regulation
Article 5 – paragraph 1
(1) The Commission shall, where warranted, balance the short and long- term negative effects of a foreign subsidy in terms of distortion on the internal market with positive effects on the development of the relevant economic activity including any positive environmental or social externalities.
2022/02/03
Committee: ECON
Amendment 160 #

2021/0114(COD)

Proposal for a regulation
Article 5 – paragraph 2
(2) The Commission shall take into account the balancing between the negative and positive effects when deciding whether to adopt a decision to initiate an in-depth investigation as provided for in Article 9, impose redressive measures or to accept commitments, and the nature and level of those redressive measures or commitments.
2022/02/03
Committee: ECON
Amendment 161 #

2021/0114(COD)

Proposal for a regulation
Article 5 – paragraph 2 a (new)
(2 a) The assessment referred to in paragraph 1 shall be disclosed on a dedicated webpage of the Commission. The Commission shall also provide for a justification on the same webpage whenever a balancing test is not carried out pursuant to paragraph 1.
2022/02/03
Committee: ECON
Amendment 163 #

2021/0114(COD)

Proposal for a regulation
Article 5 – paragraph 2 b (new)
(2 b) The Commission is empowered to adopt a delegated act for the purpose of specifying the methodology underlying the balancing assessment and in particular for the determination of positive effects referred to in paragraph 1 as well as criteria for outweighing effects.
2022/02/03
Committee: ECON
Amendment 165 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 1
(1) To remedy the distortion on the internal market actually or potentially caused by a foreign subsidy, the Commission mayshall impose redressive measures. The undertaking concerned may also offer commitment unless the balancing assessment referred to in Article 5 determines that positive effects outweigh negative ones.
2022/02/03
Committee: ECON
Amendment 167 #

2021/0114(COD)

Proposal for a regulation
Article 30 – paragraph 1
(1) Where, after an in-depth investigation, the Commission finds that an undertaking benefits from a foreign subsidy or an advantage economically equivalent to a financial contribution which distorts the internal market pursuant to Articles 3 to 5, and where the undertaking concerned offers commitments that fully and effectively remove the distortion on the internal market, it shall adopt a decision with commitments pursuant to Article 9(3). The assessment under Article 5 shall not result in a modification of the initial tender submitted by the undertaking that is incompatible with Union law.
2022/02/02
Committee: IMCO
Amendment 169 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point h a (new)
(h a) restricting to participate, directly or indirectly, in new public procurement or concession contract procedures in the internal market.
2022/02/03
Committee: ECON
Amendment 170 #

2021/0114(COD)

Proposal for a regulation
Article 30 – paragraph 3 a (new)
(3a) For cases where the Commission adopts at least two decisions vis-à-vis an undertaking in accordance with paragraph 2 of this Article, it may adopt a decision prohibiting for a certain period of time an award of contract in any public procurement procedures.
2022/02/02
Committee: IMCO
Amendment 171 #

2021/0114(COD)

Proposal for a regulation
Article 31 – paragraph 3
(3) The contract may be awarded to an undertaking submitting a declaration under Article 28 before the Commission takes any of the decisions referred to in Article 30 or before the time limit laid down in Article 29(4) elapses only if the tender evaluation has established that the undertaking in question has in any case submitted the most economically advantageous tender.deleted
2022/02/02
Committee: IMCO
Amendment 174 #

2021/0114(COD)

Proposal for a regulation
Article 6 – paragraph 5
(5) If an undertaking offers commitments which fully and effectively remedy the distortion on the internal market, the Commission mayshall accept them and make them binding on the undertaking in a decision with commitments according to Article 9(3).
2022/02/03
Committee: ECON
Amendment 174 #

2021/0114(COD)

Proposal for a regulation
Article 31 a (new)
Article 31a Cooperation with contracting authorities and Member States 1. Where a Member State suspects that a financial contribution or an advantage economically equivalent to a financial contribution may have a distortive effect in the internal market with regard to access to public procurement procedures, it shall inform the Commission with a view to requesting the opening of an investigation. It shall submit evidence to support this request. The Commission may decide not to open an investigation and inform the relevant national competent authority of its decision. 2. Where a contracting authority or contracting entity suspects that an undertaking has submitted an abnormally low tender, it shall require the undertaking to provide explanations with regard to price and costs proposed in relation to works, supplies or services in accordance with Article69 of Directive 2014/24/EU. Where the contracting authority or contracting entity has established that the abnormally low tender is caused by a foreign subsidy or non- compliance with environmental, social and labour requirements as ratified under international conventions, it shall exclude the undertaking from the public procurement procedure and notify it to the Commission.
2022/02/02
Committee: IMCO
Amendment 176 #

2021/0114(COD)

Proposal for a regulation
Article 32 – paragraph 1
(1) The Commission mayshall impose fines and periodic penalty payments as set out in Article 15.
2022/02/02
Committee: IMCO
Amendment 178 #

2021/0114(COD)

Proposal for a regulation
Article 7 – paragraph 1
The Commission may on its own initiative examine information from any source regarding alleged distortive foreign subsidies. The Commission shall examine information submitted by Member States and social partners. A Member State that is in possession of evidence of the existence of a potentially distortive subsidy, may provide such evidence to the Commission. Each Member State and the Commission shall establish a contact point for the implementation of this Regulation. A secure system shall be provided by the Commission to support direct cooperation and exchange of information between the contact points and the Commission.
2022/02/03
Committee: ECON
Amendment 179 #

2021/0114(COD)

Proposal for a regulation
Article 32 – paragraph 2
(2) In addition, the Commission mayshall impose by decision on the undertakings concerned fines not exceeding 1 % of their aggregate turnover in the preceding business year, where they intentionally or negligently supply incorrect or misleading information in a notification pursuant to Article 28 or supplement thereto;
2022/02/02
Committee: IMCO
Amendment 184 #

2021/0114(COD)

Proposal for a regulation
Article 8 – paragraph 3
(3) Where the Commission, after a preliminary assessment, concludes that there are no sufficient grounds to initiate the in-depth investigation, either because there is no foreign subsidy or because there are no indications of an actual or potential distortion on the internal market, it shall close the preliminary review and, inform the undertaking concerned and publish its preliminary assessment.
2022/02/03
Committee: ECON
Amendment 184 #

2021/0114(COD)

Proposal for a regulation
Article 32 – paragraph 3
(3) The Commission mayshall impose by decision on the undertakings concerned fines not exceeding 10 % of their aggregate turnover in the preceding business year where they, intentionally or negligently, fail to notify a subsidy in accordance with Article 28 during the public procurement procedure.
2022/02/02
Committee: IMCO
Amendment 189 #

2021/0114(COD)

Proposal for a regulation
Article 9 – paragraph 2
(2) Where the Commission finds that a foreign subsidy distorts the internal market pursuant to Articles 3 to 5, it mayshall impose redressive measures (‘decision with redressive measures’).
2022/02/03
Committee: ECON
Amendment 189 #

2021/0114(COD)

Proposal for a regulation
Article 34 – paragraph 1
(1) Where the information available substantiates a reasonable suspicion that foreign subsidies in a particular sector, for a particular type of economic activity or based on a particular subsidy instrument may distort the internal market, the Commission mayshall conduct a market investigation into the particular sector, the particular type of economic activity or into the use of the subsidy instrument concerned. In the course of that market investigation, the Commission mayshall request the undertakings or associations of undertakings concerned to supply the necessary information and may carry out the necessary inspections. The Commission may also request the Member State or third country concerned to supply information.
2022/02/02
Committee: IMCO
Amendment 191 #

2021/0114(COD)

Proposal for a regulation
Article 34 – paragraph 2
(2) The Commission mayshall publish a report on the results of its market investigation into particular sectors, particular types of economic activity or particular subsidy instruments and invite comments from interested parties.
2022/02/02
Committee: IMCO
Amendment 193 #

2021/0114(COD)

Proposal for a regulation
Article 44 – paragraph 1 – point a
(a) amending the thresholds for notifications as set out in Articles 18 and 27, in the light of the practice of the Commission during the first fivetwo years of application of this Regulation, and taking into account the effectiveness of application;
2022/02/02
Committee: IMCO
Amendment 194 #

2021/0114(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 2 a (new)
(2 a) Interim measures shall be limited in time. They may be prolonged where the indication of distortive effects or the serious risk of substantial and irreparable damage to competition on the internal market continue to exist.
2022/02/03
Committee: ECON
Amendment 194 #

2021/0114(COD)

Proposal for a regulation
Article 44 – paragraph 1 – point b
(b) exempting certain categories of undertakings concerned from the obligation to notify pursuant to Articles 19 and 28, in light of the practice of the Commission in the first fivetwo years of application of this Regulation, in case this practice allows to identify economic activities where foreign subsidies are unlikely to distort the internal market;
2022/02/02
Committee: IMCO
Amendment 196 #

2021/0114(COD)

Proposal for a regulation
Article 44 – paragraph 1 – point c a (new)
(ca) specifying the definition of "advantage economically equivalent to a financial contribution" as set out in Article 2;
2022/02/02
Committee: IMCO
Amendment 197 #

2021/0114(COD)

Proposal for a regulation
Article 11 – paragraph 1
(1) The Commission mayshall require an undertaking concerned to provide all necessary information.
2022/02/03
Committee: ECON
Amendment 198 #

2021/0114(COD)

Proposal for a regulation
Article 44 – paragraph 1 – point c b (new)
(cb) supplementing the indicators as set out in Article 3.
2022/02/02
Committee: IMCO
Amendment 200 #

2021/0114(COD)

Proposal for a regulation
Article 46 – paragraph 1
Within fivetwo years after the entry into force of this Regulation at the latest, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation, accompanied, where the Commission considers it appropriate, by relevant legislative proposals. The report shall include a dedicated section on Chapter IV of this Regulation and take into consideration the following elements: – Number of prior notifications received by the Commission in accordance with Article 28; – Number of in-depth investigations opened according to Article 29; – Number of decisions issues where it has been found that a foreign subsidy has a distortive effect on the internal market; – Number of notifications received by the Commission from a national competent authority in accordance with Article 31(a).1; – Number of notifications received by the Commission from a contracting authority in accordance with Article 31(a).2.
2022/02/02
Committee: IMCO
Amendment 203 #

2021/0114(COD)

Proposal for a regulation
Article 12 – paragraph 1
(1) The Commission mayshall conduct the necessary inspections of undertakings.
2022/02/03
Committee: ECON
Amendment 209 #

2021/0114(COD)

Proposal for a regulation
Article 12 – paragraph 7
(7) Upon requestnotification of the Commission, a Member State shall in its own territory carry out any inspection or other fact- finding measure under its national law in order to establish whether there is a foreign subsidy distorting the internal market.
2022/02/03
Committee: ECON
Amendment 214 #

2021/0114(COD)

Proposal for a regulation
Article 14 – paragraph 1 – introductory part
(1) The Commission mayshall take a decision pursuant to Article 8 or may take a decision pursuant to Article 9 on the basis of the facts available, if an undertaking concerned or a third country:
2022/02/03
Committee: ECON
Amendment 218 #

2021/0114(COD)

Proposal for a regulation
Article 15 – paragraph 1 – introductory part
(1) The Commission mayshall impose by decision fines and periodic penalty payments where an undertaking concerned or an association of undertakings, intentionally or negligently:
2022/02/03
Committee: ECON
Amendment 224 #

2021/0114(COD)

Proposal for a regulation
Article 16 – paragraph 1 – introductory part
The Commission mayshall revoke a decision taken pursuant to Article 9(2), (3) or (4) and adopt a new decision in any of the following cases:
2022/02/03
Committee: ECON
Amendment 231 #

2021/0114(COD)

Proposal for a regulation
Article 18 – paragraph 3 – point a
(a) the acquired undertaking or at least one of the merging undertakings is established in the Union and generates an aggregate turnover in the Union of at least EUR 2500 million; and
2022/02/03
Committee: ECON
Amendment 236 #

2021/0114(COD)

Proposal for a regulation
Article 18 – paragraph 3 – point b
(b) the undertakings concerned received from third countries an aggregate financial contribution in the three calendar years prior to notification of more than EUR 250 million.
2022/02/03
Committee: ECON
Amendment 239 #

2021/0114(COD)

Proposal for a regulation
Article 18 – paragraph 4 – point b
(b) the joint venture itself and its parent undertakings received from third countries an aggregate financial contribution in the three calendar years prior to notification of more than EUR 250 million.
2022/02/03
Committee: ECON
Amendment 249 #

2021/0114(COD)

Proposal for a regulation
Article 19 – paragraph 4
(4) If the undertakings concerned fail to meet their obligation to notify, the Commission mayshall review a notifiable concentration in accordance with this Regulation by requesting the notification of that concentration. In that case the Commission shall not be bound by the time limits referred to in Article 23(1) and (4).
2022/02/03
Committee: ECON
Amendment 261 #

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 25100 million.
2022/02/03
Committee: ECON
Amendment 286 #

2021/0114(COD)

Proposal for a regulation
Article 32 – paragraph 3
(3) The Commission may impose by decision on the undertakings concerned fines not exceeding 10 % of their aggregate turnover in the preceding business year where they, intentionally or negligently, fail to notify a subsidy in accordance with Article 28 during the public procurement procedure.
2022/02/03
Committee: ECON
Amendment 291 #

2021/0114(COD)

Proposal for a regulation
Article 34 – paragraph 1
(1) Where the information available substantiates a reasonable suspicion that foreign subsidies in a particular sector, for a particular type of economic activity or based on a particular subsidy instrument may distort the internal market, the Commission mayshall conduct a market investigation into the particular sector, the particular type of economic activity or into the use of the subsidy instrument concerned. In the course of that market investigation, the Commission may request the undertakings or associations of undertakings concerned to supply the necessary information and may carry out the necessary inspections. The Commission may also request the Member State or third country concerned to supply information.
2022/02/03
Committee: ECON
Amendment 293 #

2021/0114(COD)

Proposal for a regulation
Article 34 – paragraph 2
(2) The Commission mayshall publish a report on the results of its market investigation into particular sectors, particular types of economic activity or particular subsidy instruments and invite comments from interested parties.
2022/02/03
Committee: ECON
Amendment 295 #

2021/0114(COD)

Proposal for a regulation
Article 34 – paragraph 3
(3) The Commission mayshall use the information obtained from such market investigations in the framework of procedures under this Regulation.
2022/02/03
Committee: ECON
Amendment 312 #

2021/0114(COD)

Proposal for a regulation
Article 44 – paragraph 1 – point a a (new)
(a a) specifying the methodologies and indicators referred to under Articles 2, 3 and 5;
2022/02/03
Committee: ECON
Amendment 315 #

2021/0114(COD)

Proposal for a regulation
Article 44 – paragraph 1 – point c a (new)
(c a) specifying the methodologies and indicators referred to under Articles 2, 3 and 5.
2022/02/03
Committee: ECON
Amendment 4 #

2020/2260(INI)

Draft opinion
Paragraph 1
1. Welcomes the fact that the aim of the Farm to Fork Strategy is to establish a sustainable, healthy and resilient food system which benefits consumers in the EU, who are nowadays placing greater value on their food and seeking to use local producers more in order to improve their health and quality of life;
2021/01/18
Committee: IMCO
Amendment 20 #

2020/2260(INI)

Draft opinion
Paragraph 2
2. Considers that promoting healthy and sustainable food consumption that is affordable for all calls for changes to diets, production systems and internal trade in foodstuffs, given the need to reduce long- distance transport, which is currently having an extremely negative impact on our environmental and ecological footprint;
2021/01/18
Committee: IMCO
Amendment 34 #

2020/2260(INI)

Draft opinion
Paragraph 2 a (new)
2a. Notes that Europeans’ diets are not in line with recommendations for healthy eating, and that a shift in consumption patterns is therefore needed towards a diet containing more vegetables, less meat, particularly red meat, fewer ultra-processed products, and less sugar, salt and fat; calls on the Commission to produce European guidelines for sustainable and healthy diets, which bring clarity to consumers and help Member States to prepare and implement their national food plans;
2021/01/18
Committee: IMCO
Amendment 41 #

2020/2260(INI)

Draft opinion
Paragraph 2 b (new)
2b. Notes that the COVID-19 crisis has highlighted logistical and seasonal labour issues in agriculture and, at the same time, contributed to an increase in demand for locally produced food;
2021/01/18
Committee: IMCO
Amendment 49 #

2020/2260(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission to step up its support for local and regional food systems and short supply chains, which act as a source of fresh, sustainable and better quality products for consumers; takes the view that legislation on European public procurement should be revised in order to foster local, high-quality food supply systems for school canteens, hospitals and public institutions, which will also be very positive for consumers, farmers and community life;
2021/01/18
Committee: IMCO
Amendment 63 #

2020/2260(INI)

Draft opinion
Paragraph 4
4. Urges the Commission to promote alternative business models, such as consumer-friendly cooperative scheme based on social innovation and the solidarity economy, such as mono- or multi- stakeholder cooperative schemes, acting in the interests of all consumers;
2021/01/18
Committee: IMCO
Amendment 77 #

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 health, given their influence on consumer choices; takes the view that the marketing and advertising strategies of such businesses should not mislead consumers by focusing solely on low prices to the detriment of the real value of food products;
2021/01/18
Committee: IMCO
Amendment 101 #

2020/2260(INI)

Draft opinion
Paragraph 6
6. Welcomes the Commission’s initiative to promote healthier diets by introducing nutritional profiles, accompanied bywhich involve mandatory and harmonised labelling of the nutritional value of foods on the front of packaging and which are based on sound and independent scientific evidence;
2021/01/18
Committee: IMCO
Amendment 106 #

2020/2260(INI)

Draft opinion
Paragraph 6 a (new)
6a. Stresses that, given its negative effects on health, the obesity phenomenon affecting nearly half of all adults in the EU requires more decisive action on food; recognises that nutritional labelling on the front of pre-packed foods, although not a silver bullet, has been identified by international health experts, particularly those from the World Health Organization, as a vital tool in helping consumers to make informed and healthier food choices, by enabling them to compare the nutritional value of products at the time of purchase; calls on the Commission to propose this type of labelling and make it mandatory; points out that the available research indicates that Nutri-Score is currently the most effective system for helping consumers to compare products and eat more healthily;
2021/01/18
Committee: IMCO
Amendment 121 #

2020/2260(INI)

Draft opinion
Paragraph 7
7. Regards it as essential, further, to keep consumers better informed by introducing mandatory origin labelling of food, which would to respond to the growing and insistent demand of consumers, which has been relayed on numerous occasions by the European Parliament, for better information about the origin of products that they purchase by introducing mandatory origin labelling of all products, including seafood and ingredients used in processed products; considers, further, that this labelling must also be broadened to cover animal welfare, sustainability and pesticide residue levels;
2021/01/18
Committee: IMCO
Amendment 130 #

2020/2260(INI)

Draft opinion
Paragraph 7 a (new)
7a. Considers that animal welfare labelling, which has been extensively discussed in the EU institutions and which has just been debated under the German Council Presidency, must be transparent about the treatment of animals throughout their lives; considers that it must therefore identify production methods during the rearing period, and must also be based on a set of criteria ensuring animal welfare in all phases of an animal’s life up to its death;
2021/01/18
Committee: IMCO
Amendment 142 #

2020/2260(INI)

Draft opinion
Paragraph 7 b (new)
7b. Points out that promoting a healthy and sustainable food system does not depend solely on the choices made by individual consumers based on better information about the products in their diet, but also on consistency between various policies (agricultural, trade, environmental, health, education, competition, etc.) and on a series of complementary measures, particularly involving regulation (advertising, taxation, etc.);
2021/01/18
Committee: IMCO
Amendment 177 #

2020/2260(INI)

Draft opinion
Paragraph 11
11. Calls for more effective implementation of Directive 2005/29/EC1, in order to better address the problem of misleading and unsubstantiated environmental claims in food., which confuse consumers and complicate the identification of the most environmentally friendly products; calls on the Commission to introduce a new regulatory framework, by establishing a clear, rapid and effective pre-approval process for all eco-labels, based on experience gained with the current health claims system; points out that such a framework would protect consumers against misleading environmental claims and would not discriminate against enterprises that have made commendable efforts with regard to the environment; __________________ 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.
2021/01/18
Committee: IMCO
Amendment 188 #

2020/2260(INI)

Draft opinion
Paragraph 11 a (new)
11a. Supports the spread of broadband internet access in order to facilitate the free movement of goods and services and the free flow of consumer information.
2021/01/18
Committee: IMCO
Amendment 796 #

2020/2260(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Urges the Commission to strengthen Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market, by means of more comprehensive, rigorous and independent scientific assessments covering all the substances contained in the commercial product for which a marketing authorisation application has been made, and a more transparent procedure not subject to any conflicts of interest;
2021/02/18
Committee: ENVIAGRI
Amendment 1268 #

2020/2260(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Considers that an ambitious plan for European organic farming is needed to achieve a successful transition, meet growing consumer demand for organic products, take more effective action for the climate and environment, and improve farmers’ incomes and regional economies; suggests that the targets for organically farmed land should be set at 30% by 2030 and 100% by 2050, and that the simple announcement of the Commission’s future action plan, which is expected in the spring, is not sufficient to explain how those targets will be achieved; notes that it would be highly desirable for the targets for organically farmed land to be clearly set out in the CAP National Strategic Plans that are currently being prepared, and that the Commission should ensure that those targets are met and that the European and national budgetary resources needed to develop organic farming as a whole are sufficient and considerably increased so as to support as many conversions as possible and invest in small processing and marketing structures, advice, research, promotion among European consumers, and food education;
2021/02/18
Committee: ENVIAGRI
Amendment 1441 #

2020/2260(INI)

Motion for a resolution
Paragraph 12
12. Calls for primary producers to be supported in making the transition to greater sustainability through the encouragement of cooperation and collective actions bas well as through competition rules and the enhancement of possibilities for cooperation within the common market organisations for agricultural, fishered on the consolidation of production, and the adaptation of competition rules applied within the common market organisation (Single CMO) in order to strengthen their market power, generate value based on sustainability and aquaculture products, and thus for farmers’ and fishers’ position lity, and better share that value within the food supply chain to be strengthened in order to enable them to capture a fair share of the added value of sustainable production; calls for the same type of approach to be used for fishers, too;
2021/02/18
Committee: ENVIAGRI
Amendment 1450 #

2020/2260(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Believes that it is necessary to create a regulatory environment that encourages the development of sectors in which everyone involved in the food chain is jointly committed, in the long term, to achieving the transition and supplying healthy and sustainable food to all consumers, while reinforcing the resilience of our food system, particularly during times of crisis, as well as our food sovereignty and farmers’ incomes;
2021/02/18
Committee: ENVIAGRI
Amendment 1610 #

2020/2260(INI)

Motion for a resolution
Paragraph 15
15. Recalls the need to promote effective Agricultural Knowledge and Innovation Systems (AKIS), enabling all food chain actors to become sustainable by speeding up innovation and accelerating knowledge transfer; recalls, in addition, the need for a farm sustainability and farm and food ‘general accountancy’ data network to set benchmarks for farm performance and document the uptake of sustainable farming practices, while allowing for the precise and tailored application of new production approaches at farm level by providing farmers with access to fast broadband connections;
2021/02/18
Committee: ENVIAGRI
Amendment 1664 #

2020/2260(INI)

Motion for a resolution
Paragraph 16
16. Calls for measures to reduce the burden that highly processed foods with high salt, sugar and fat content place on public health; calls for product labelling to inform consumers, in bold type, of the number of ingredients that products contain; regrets that the introduction of nutrient profiles is greatly delayed and stresses that a robust set of nutrient profiles must be developed to restrict or prohibit the use of false nutritional claims on foods high in fats, sugars and/or salt; calls for a mandatory EU-wide front-of-pack nutrition labelling system based on independent science;
2021/02/18
Committee: ENVIAGRI
Amendment 1763 #

2020/2260(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the fact that the strategy rightly recognises the role and influence of the food environment in shaping consumption patterns and the need to make it easier for consumers to choose healthy and sustainable diets; reiterates the importance of promoting sustainable diets by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint; calls, for public health reasons, for all raw and processed foods to have labels indicating the presence of pesticide residues; underlines that food prices must send the right signal to consumers; welcomes, therefore, the strategy’s objective that the healthy and sustainable choice should become the most affordable one;
2021/02/18
Committee: ENVIAGRI
Amendment 1792 #

2020/2260(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Believes that it is essential to respond to the growing demand of consumers, relayed on numerous occasions in European Parliament resolutions, for better information about the origin of all of the food products that they purchase by introducing mandatory labelling, including for seafood and ingredients used in processed products; considers that, with regard to processed products, the number of parties involved in their preparation is also information that should be provided to consumers, given their interest in short supply chains;
2021/02/18
Committee: ENVIAGRI
Amendment 1870 #

2020/2260(INI)

Motion for a resolution
Paragraph 20
20. Highlights the recognition in the strategy that Europeans’ diets are not in line with recommendations for healthy eating, and that a population-wide shift in consumption patterns is needed towards more healthy and plant-based foods and less red and processed meat, sugars, salt, and fats, which will also benefit the environment; calls for food product labelling to list natural ingredients separately from artificial ingredients (produced in laboratories or industrially manipulated); emphasises that EU-wide guidelines for sustainable and healthy diets would bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines and specific actions to effectively promote healthy plant-based diets;
2021/02/18
Committee: ENVIAGRI
Amendment 2211 #

2020/2260(INI)

26. Recalls the global responsibility of European food systems and their key role in setting global standards for food safety, environmental protection, social and labour law, fair trade and animal welfare; calls on the Commission and the Member States to ensure that all food and feed products imported to the EU fully meet relevant EU regulations and standards, and to providehibit them from accessing the EU market if they do not; calls, too, for development assistance to support primary producers from developing countries in meeting those standards; welcomes the Commission’s intention to take the environmental impacts of requested import tolerances into account;
2021/02/18
Committee: ENVIAGRI
Amendment 4 #

2020/2254(INL)

Motion for a resolution
Citation 18 a (new)
— having regard to its resolution of 16 September 2021 on the implementation of the EU requirements for exchange of tax information: progress, lessons learnt and obstacles to overcome,
2021/11/16
Committee: ECON
Amendment 8 #

2020/2254(INL)

Motion for a resolution
Recital A
A. whereas the unprecedented impact and magnitude of the COVID-19 crisis on the economy has led to a decrease in tax revenues and an increase in fiscal expenditures to protect society and the economy, and is leading to a sharp increase in government debt; whereas tax avoidance, tax fraud and tax evasion undermines government revenues, as well as the sustainability of public finances and taxation systems; whereas it is paramount to keep taxes low to support the growth of the economythe economic recovery and the challenges related to the climate crisis, ageing population, the ecological transition and the digitisation of the economy involve very profound changes and increase the need to mobilise more resources and re-evaluate current taxation policies, in particular the many loopholes embedded in complex national taxation polices, so that this transition is fair;
2021/11/16
Committee: ECON
Amendment 11 #

2020/2254(INL)

Motion for a resolution
Recital A a (new)
A a. whereas the tax incidence has shifted from wealth to income, from capital to labour income and consumption, from MNEs to SMEs, and from the financial sector to the real economy, thus becoming more regressive; whereas this shift in the tax burden from more mobile to less mobile taxpayers results in a lower average tax burden for the very rich income;
2021/11/16
Committee: ECON
Amendment 13 #

2020/2254(INL)

Motion for a resolution
Recital B
B. whereas a swift recovery requires a strong economic and fiscal policy response ensuring, inter alia: (i) an effective level playing field for businesses, including less red tape to promote both domestic trade and trade within the Single Market, supported by a simple, fairer and more predictable tax environment; (ii) securing tax revenues for Member States to finance the recovery, the ecological transition to a carbon-neutral economy and reduce debt to GDP and (iii) fair taxation of businesses and citizens, enhancing bothtax morale and trust in society and fair competition; ; whereas tax morale is generally higher in countries that tax more heavily, which is evident in the willingness of citizens to pay tax in return for effective public services1a; _________________ 1a https://www.oecd- ilibrary.org/sites/0533eea9- en/index.html?itemId=/content/componen t/0533eea9-en
2021/11/16
Committee: ECON
Amendment 27 #

2020/2254(INL)

Motion for a resolution
Recital E
E. whereas current international corporate tax rules are no longer suitable in the context of digitalisation and globalisation of the economy; whereas developments of digitalisation and the increase of intangible assets in value chains create a challenge in terms of traceability of economic operations and taxable events and facilitate tax avoidance practices;
2021/11/16
Committee: ECON
Amendment 31 #

2020/2254(INL)

Motion for a resolution
Recital F
F. whereas corporate taxation should be guided by the principle of taxing profits where they are generated, a harmonised and coordinated approach to the corporate taxation system across the Union could further enable the tackling of unfairput an end to tax competition caused byand harmful tax practices that distort the functioning of thin the corporate single market and often lead to misallocation of resourcescome tax field and therefore secure a well-functioning single market;
2021/11/16
Committee: ECON
Amendment 34 #

2020/2254(INL)

Motion for a resolution
Recital G
G. whereas increased transparency in the area of corporate taxation can improve tax collection, increase tax compliance and is also necessary to strengthen fair competitiveness in the single market, which will make the work of tax authorities more efficient; whereas the use of technology and digitalisation focused on a more efficient use of the available data can support efficiency and transparency of tax authorities and reduce the costs of compliance and increase the trust of the public; whereas the use of technology and digitalisation can also facilitate the taxation of mobile tax bases;
2021/11/16
Committee: ECON
Amendment 39 #

2020/2254(INL)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission's Action Plan and supports its thorough implementation; observes that the majority of the 25 actions are related to VAT, which is appropriate due to the high level of revenue losses in the area of VAT; considers however that an impact assessment should be carried out, before presenting concrete legislative proposals to better apprehend the potential effects on taxpayers and businesses; is concerned that urgently needed VAT reforms such as the definitive VAT regime and coordination of rates remain blocked in Council due to unanimity in tax matters;
2021/11/16
Committee: ECON
Amendment 48 #

2020/2254(INL)

Motion for a resolution
Paragraph 2
2. Believes that the Commission’s decision to carry out initiatives aimed at enhancing cooperation among tax authorities and increased harmonisation of procedural rules across the single market is of the highest importance; welcomes the Commission’s initiative for the ‘EU cooperative compliance programme’; welcomes and looks forward to the Commission’s proposals to harmonise withholding tax procedures and tax residence criteria;
2021/11/16
Committee: ECON
Amendment 57 #

2020/2254(INL)

Motion for a resolution
Paragraph 4
4. Recalls that any tax measures, temporary or not, should foster and not hamper the competitiveness of European businesses; sStresses that theax reporting requirements should notavoid generateing significantly higher administrative costs for economic actors, notably for small and medium-sized enterprises (SMEs); notes that to effectively address lost tax revenues, better quality and possible higher quantities of data may be needed, but only data effectively used, and collected from taxpayers only once with utmost security,in line with taxpayers' rights should be collected; notes that data should aim to simplify various obligations of taxpayers, while artificial intelligence (AI) and various softwares should be used to maximise the effectiveness of the use of data;
2021/11/16
Committee: ECON
Amendment 60 #

2020/2254(INL)

Motion for a resolution
Paragraph 4 a (new)
4 a. Notes that revenue loss in the Union due to international tax evasion by individuals, covering personal income tax, capital income taxes and wealth and inheritance taxes, has been estimated at EUR 46 billion in 2016; observes the current distortions of the single market due to an increasing and unregulated tax competition in the field of personal income, capital and wealth taxation; notes the ongoing competition in the Union for high net-worth individuals through preferential regimes such as expatriate and investment regimes; also notes the competition for pensioners and so-called ‘digital nomads’; underlines that tax competition for ‘digital nomads’ has accelerated due to telework in response to the COVID-19 crisis; highlights the inconsistencies in capital gains taxation across Europe and the negative fiscal spillovers resulting therefrom such as rewarding speculation; deeply deplores therefore that distortions in the area of personal income, capital gains, wealth and inheritance taxation were not translated in concrete actions in the Commission’s Action Plan;
2021/11/16
Committee: ECON
Amendment 64 #

2020/2254(INL)

Motion for a resolution
Paragraph 4 b (new)
4 b. Calls for greater alignment and administrative cooperation of capital gains taxation in the Union; calls on the Member States' Ministers of Finance to finally agree on the reform of the 1997 EU Code of Conduct on Business Taxation and expand it beyond corporate income taxation to tax competition for individuals in the Union; invites the Commission, in the framework of the upcoming Tax Symposium in 2022, to map all divergences in the tax systems of Member States and flag all possible distortions and develop a concrete action plan to tackle those distortions;
2021/11/16
Committee: ECON
Amendment 66 #

2020/2254(INL)

Motion for a resolution
Paragraph 5
5. Is of the opinion that better estimates of overall tax losses in the Union are essential for efficient proposals on ways to effectively reduce tax losses; highlights that better availability of data, by companies, individuals and tax administrations, can significantly contribute to better estimates; deplores that certain Member States such as Ireland and the Netherlands do not disclose their CbCR data fully at national level and in particular in the OECD Corporate Tax Statistics database; deplores further that Member States have not shared the needed information with the European Parliament in the framework of the DAC Implementation report; welcomes the adoption of the public country-by-country reporting proposal;
2021/11/16
Committee: ECON
Amendment 72 #

2020/2254(INL)

Motion for a resolution
Paragraph 6
6. Recalls that tax transparency, fairness and certainty based on clear respective rights and duties is the main principle on which to build mutual trust between taxpayers and tax administrations; supports, in that context, the formalisation of the Charter on taxpayer’s rights; believes that further development and the identification of gaps in effective European dispute resolution mechanism need to be considered;
2021/11/16
Committee: ECON
Amendment 78 #

2020/2254(INL)

Motion for a resolution
Paragraph 7
7. Notes that the Union decision- making process is not promoting change, as tax policy is a national prerogative and subject to unanimity; regrets that the current situation sometimes leads to an uneven or inconsistent application of tax regulations; calls on the Commission and the Member States to ensure more harmonised and consistent tax rules and their implementation, to protect the functioning of the single market and to assure the principle of “taxing where profit is generated”; deplores the fact that proposals such as CCCTB, revision of the interest and royalty directive and the reform of the Code of Conduct on Business Taxation have remained blocked in the Council;
2021/11/16
Committee: ECON
Amendment 87 #

2020/2254(INL)

Motion for a resolution
Paragraph 8
8. Takes note of the existing limits on decision making in the Council and calls for exploring all legal options as provided in the Treaties on taxation especially in order to ensure functionality of the single market and preserve Union competitiveness in the global market; recalls in this respect the Commission’s communication towards more efficient and democratic decision making in EU tax policy; deplores that article 116 TFEU, although suggested in the Commission’s Action Plan, has not yet been used in tax matters;
2021/11/16
Committee: ECON
Amendment 92 #

2020/2254(INL)

Motion for a resolution
Paragraph 8 a (new)
8 a. Welcomes the proposal for a Eurofisc 2.0 in the Commission’s Action Plan; strongly supports the Commission’s suggestion to expand it to direct taxation; supports Eurofisc in becoming a Union hub for tax information serving not only VAT purposes, but also financial market authorities, customs, OLAF and Europol; suggests connecting this legislative initiative to the developments in the area of anti-money laundering and in particular the proposed new Union authority to fight money laundering; reiterates, in this context, the recommendations from its resolution of 16 September 2021 on the implementation of the EU requirements for exchange of tax information: progress, lessons learnt and obstacles to overcome; notes that Eurofisc 2.0 could greatly contribute to the effective use by tax administrations of the tax information exchanged and the quality of information exchanged;
2021/11/16
Committee: ECON
Amendment 96 #

2020/2254(INL)

Motion for a resolution
Paragraph 8 b (new)
8 b. Welcomes the establishment of the EU Tax Observatory; calls on the Commission to secure long-term and structural funding for this initiative at the end of the European Parliament’s preparatory action;
2021/11/16
Committee: ECON
Amendment 97 #

2020/2254(INL)

Motion for a resolution
Paragraph 8 c (new)
8 c. Welcomes the proposal to harmonise the withholding tax relief procedures in the Union; calls on the Commission in this respect, and in response to the recent Cum-Ex revelations and the G20/OECD global tax deal, to propose minimum effective withholding tax rates for both intra-European payments and outbound payments to third countries of dividends, royalties and interests; calls on the Commission, in this respect, to relaunch the blocked revision of the interest and royalty directive;
2021/11/16
Committee: ECON
Amendment 98 #

2020/2254(INL)

Motion for a resolution
Paragraph 8 d (new)
8 d. Notes that along the Commission’s Action Plan a Communication on Tax Good Governance was published focusing on the needed reform of the EU Code of Conduct and the criteria enshrined in the EU list of non-cooperative jurisdictions; recalls in this respect the European Parliament’s recommendations on both matters2a; deeply deplores the standstill on both matters in Council, in particular the standstill on developing an ambitious beneficial ownership criterion in the EU list of non-cooperative jurisdictions that could serve as a proper response to the recent Pandora Papers revelations;3a recalls the resolution adopted by the European Parliament as a response to the Pandora Papers revelations; _________________ 2a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0022_EN.html 3a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2021-0416_EN.html
2021/11/16
Committee: ECON
Amendment 99 #

2020/2254(INL)

Motion for a resolution
Paragraph 8 e (new)
8 e. Looks forward to the revision of the directive on the structure and rates of excise duty applied to manufactured tobacco; notes the large price gaps between Member States incentivising cross-border shopping; notes further the emergence of new products, such as e- cigarettes, heated tobacco products and new addictive products; concludes the low degree of coherence of the Directive with other Union policies and the need to develop synergies; strongly supports an ambitious revision including, in particular, a significant raise of the minimum rates;
2021/11/16
Committee: ECON
Amendment 109 #

2020/2254(INL)

10 a. Welcomes the identified need in the Commission’s Action Plan to ensure coherence between tax policies and the European Green Deal; looks forward in this context to the proposal for reviewing VAT rates in the area of passenger transport exemptions; supports the end of exemptions for air and maritime transport; recalls, in this context, the joint statement by the Netherlands and eight other Member States in 2019 asking the Commission to come forward with an aviation tax proposal;
2021/11/16
Committee: ECON
Amendment 115 #

2020/2254(INL)

Motion for a resolution
Paragraph 10 b (new)
10 b. Urges, in the framework of the ongoing negotiations on the revision of the VAT rate directive, Member States to phase out all zero-rates and reduced rates on harmful environmental goods and services; invites equally the Council to consider the idea of increased VAT rates compared to a standard VAT rate for environmentally harmful products to achieve the Union’s climate objectives;
2021/11/16
Committee: ECON
Amendment 119 #

2020/2254(INL)

Motion for a resolution
Paragraph 10 c (new)
10 c. Notes with concern that some Member States do not generally exempt in-kind donations from VAT, leading businesses to destroy consumer goods, notably returns, rather than donating them to charitable causes, even though such an exemption is possible under the existing VAT Directive; calls on the Commission to issue guidance to Member States, clarifying that VAT exemptions for in-kind donations are compatible with the existing Union law on VAT until Council proposal 2018 (COM(2018) 20 final, Article 98.2) is adopted by Member States;
2021/11/16
Committee: ECON
Amendment 125 #

2020/2254(INL)

Motion for a resolution
Paragraph 11
11. Highlights that the current global tax environment is outdated, and can only be fully addressed on a global level; considers that a; welcomes the multilateral agreement negotiated OECD/G20 Inclusive Framework on BEPS is a unique opportunity to make international tax architecture more consistent with the development of the economy by further addressing the distortions of fair competition in the market, which was accentuated during the COVID-19 crisis and highlighted problems related to the taxing of large multinational enterprises (MNEs);
2021/11/16
Committee: ECON
Amendment 133 #

2020/2254(INL)

Motion for a resolution
Paragraph 12
12. Welcomes the efforts of the Commission to address the problem at least partially by introducing various initiatives, but stresses the high importance of the Union in contributing to the success of global negotiations towards the ongoing necessary reforms;deleted
2021/11/16
Committee: ECON
Amendment 138 #

2020/2254(INL)

Motion for a resolution
Paragraph 13
13. Notes that the reduction of the estimated gap10 due to corporate tax avoidance at around EUR 35 billion per year from the previous Commission estimations of EUR 50-70 billion before anti-BEPS measures were introduced and the correlation between an improvement and the legislative efforts on tax avoidance carried out by the Commission; stresses that situations where some firms are still able to reduce their tax bill is undermining fair competition in the single market and often harming the competitiveness of SMEs; stresses further that special regimes such as lower corporate income tax rates push high-income earners to incorporate avoiding progressive personal income taxation; notes that the corporate sector now accounts for a greater proportion of the overall economy due to a race to the bottom in corporate tax rates and the shift from personal income taxation to corporate income taxation; _________________ 10 COM(2020) 312 final, page 5. There are other estimations, for example by the European Parliament, with estimated losses from financial crime, tax evasion and tax avoidance amounting to EUR 190 bn. Based on the OECD's comprehensive work in the Base Erosion Profit Shifting report (BEPS), Action 11, global revenue losses before any of the anti-BEPS measures were decided amounted to some USD 100-240 billion or 0.35 per cent of global GDP. The EU Commission estimated that some EUR 50-70 billion was attributable to the EU before the Anti-Tax Avoidance Directives I and II were agreed on by Member States.
2021/11/16
Committee: ECON
Amendment 144 #

2020/2254(INL)

Motion for a resolution
Paragraph 14
14. Welcomes the two-pillar agreement reached at the G7/G20 levels on the allocation of taxing rights and the application of a minimum effective tax rate of at least 15% on the global profits of MNEs; notes the need for effective implementation; calls on the Commission to make the necessary legislative proposals to implement the agreement into Union law as quickly as possible after the finalisation of the technical work on the OECD approach; invites the Commission to consider expanding the scope by lowering the threshold as permitted under the OECD/G20 agreement, not applying the carve-out in intra-EU situations and inserting a broad revision clause in the directive implementing the agreement;
2021/11/16
Committee: ECON
Amendment 156 #

2020/2254(INL)

15. Recalls that future Union policy options and political choices in the area of business taxation should be based on overall tax fairness, European Green Deal objectives, efficiency and transparency, leading to sustainable, redistributive and fair tax mixes and fairly shared taxes for all types of multinational companies, while reducing costs of compliance for taxpayers, as well as removing sources of business distortions in the Union single market, trade and investments;
2021/11/16
Committee: ECON
Amendment 163 #

2020/2254(INL)

Motion for a resolution
Paragraph 16
16. Supports the rationale of the BEFIT, with the view to design a new and single Union corporate tax rulebook, based on a fair, comprehensive and effective formulary apportionment and a common tax base of income taxation for businesses, which will be providing clarity and predictability for companies, reflecting the consensus reached in the OECD Pillar 1 and Pillar 2 negotiations; warns that a significant shift in the formula to the sales component and the value attributed to intangible assets has the potential to undermine the fairness of the proposal;
2021/11/16
Committee: ECON
Amendment 165 #

2020/2254(INL)

Motion for a resolution
Paragraph 16 a (new)
16 a. Notes the idea of a stepwise implementation of unitary taxation in the Union, as a first step the formula apportionment could be applied to above- normal profits only; highlights that pillar 1 of the recent OECD/G20 agreement leads to a re-allocation of such excess profits to market jurisdictions; invites the Commission to reflect on the expansion of the OECD pillar 1 principles in the Union with lower thresholds, higher allocation and a more comprehensive formula including tangible assets and employment as an interim measure;
2021/11/16
Committee: ECON
Amendment 172 #

2020/2254(INL)

Motion for a resolution
Paragraph 17 a (new)
17 a. Commits that the FISC subcommittee in the European Parliament will develop, in dialogue with experts, national parliaments and citizens, guiding principles ahead of the BEFIT proposal by the Commission in 2023;
2021/11/16
Committee: ECON
Amendment 176 #

2020/2254(INL)

Motion for a resolution
Paragraph 18
18. Considers that the new corporate tax agenda should include a mechanism to address the debt-equity bias through an incentive system, helping to support the resilience of companies in adverse economic circumstances in the future revision of the first anti-tax avoidance directive and in particular the interest limitation rules;
2021/11/16
Committee: ECON
Amendment 179 #

2020/2254(INL)

Motion for a resolution
Paragraph 19
19. Supports, for the purposes of tax transparency, the collection of regularly updated data on the effective corporate tax rates paid by the Union’s largest companies on their generated profits within the Union, such a mapping should be used to assess the efficiency of the tax framework and rules in place; welcomes and looks forward to the upcoming proposal for the annual publication of the effective corporate tax rate of certain large companies with operations in the Union; calls on the Commission to use Article 50 TFEU as a legal basis for such a proposal amending the Directive 2013/34/EU as regards disclosure of income tax information by certain undertakings and branches;
2021/11/16
Committee: ECON
Amendment 181 #

2020/2254(INL)

Motion for a resolution
Paragraph 20
20. Requests that the Commission submit by 2022/2023 one or more legislative proposals following the recommendations set out in the Ais report and the annex hereto;
2021/11/16
Committee: ECON
Amendment 190 #

2020/2254(INL)

Motion for a resolution
Annex I – Part C – title
C. Reduction of tax gap, and compliance costs and the European Green Deal,
2021/11/16
Committee: ECON
Amendment 200 #

2020/2254(INL)

Motion for a resolution
Annex I – Part C – Recommendation C2 – paragraph 1 – indent 3 a (new)
- Issue guidance to Member States, clarifying that VAT exemptions for in- kind donations are compatible with the existing Union law on VAT.
2021/11/16
Committee: ECON
Amendment 201 #

2020/2254(INL)

Motion for a resolution
Annex I – Part C – Recommendation C2 a (new)
Recommendation C2 a Coherence VAT rates with European Green Deal The European Parliament calls on the European Commission to: • Come forward with a proposal for reviewing VAT rates in the area of passenger transport exemptions. Strongly supports the end of exemptions for air and maritime transport. • Come forward with a proposal to phase out all zero-rates and reduced rates on harmful environmental goods and services by 2030. • Explore the idea of increased VAT rates compared to a standard VAT rate for environmentally harmful products to achieve the Union’s climate objectives.
2021/11/16
Committee: ECON
Amendment 203 #

2020/2254(INL)

Motion for a resolution
Annex I – Part C – Recommendation C2 b (new)
Recommendation C2 b Revision of the tobacco taxation directive The European Parliament calls on the European Commission to: • Come forward with the revision of the directive on the structure and rates of excise duty applied to manufactured tobacco. Notes the need to develop synergies and coherence with other Union policies and strongly supports an ambitious revision including in particular a significant raise of the minimum rates.
2021/11/16
Committee: ECON
Amendment 205 #

2020/2254(INL)

Motion for a resolution
Annex I – Part C a (new)
C a. D.Effectiveness of tax administrations, exchange of tax information and quality of data Recommendation D1 - Eurofisc 2.0 The European Parliament calls on the Commission to: · Come forward with the Eurofisc 2.0 proposal.Strongly supports the framework of the Commission’s suggestion to expand it to direct taxation and Eurofisc to become a Union hub for tax information serving not only VAT purposes, but also financial markets authorities, customs, OLAF and Europol.Suggests to connect this legislative initiative to the developments in the area of anti-money laundering and in particular the proposed new Union authority to fight money laundering.Reiterates the recommendations from its resolution of 16 September 2021 on the implementation of the EU requirements for exchange of tax information:progress, lessons learnt and obstacles to overcome.Notes that Eurofisc 2.0 could greatly contribute to the effective use by tax administrations of the tax information exchanged and the quality of information exchanged. Recommendation D2 - Public disclosure of tax information The European Parliament calls on the Commission to: · Come forward with the proposal for the annual publication of the effective corporate tax rates of certain large companies with operations in the Union using article 50 TFEU as a legal basis amending the Directive 2013/34/EU as regards disclosure of income tax information by certain undertakings and branches. Recommendation D3 - harmonisation of withholding taxation The European Parliament calls on the Commission to: · Come forward with a proposal to harmonise the withholding tax relief procedures and rates in the Union.Suggest minimum effective withholding tax rates for both intra- European and outbound to third countries payments of dividends, royalties and interests. · Relaunch the blocked revision of the interest and royalty directive.
2021/11/16
Committee: ECON
Amendment 1 #

2020/2223(INI)

Motion for a resolution
Citation 5 a (new)
- having regard to the 2030 Greenhouse gas emissions target of the EU as endorsed by the EU leaders in December 2020,
2021/02/03
Committee: ECON
Amendment 2 #

2020/2223(INI)

Motion for a resolution
Citation 5 b (new)
- having regard to the Commission Communication and roadmap of 11 December 2019 on the European Green Deal2a, _________________ 2ahttps://eur- lex.europa.eu/resource.html?uri=cellar:b 828d165-1c22-11ea-8c1f- 01aa75ed71a1.0002.02/DOC_1&format= PDF
2021/02/03
Committee: ECON
Amendment 3 #

2020/2223(INI)

Motion for a resolution
Citation 5 c (new)
- having regard to the Commission Communication of 20 May 2020 on EU Biodiversity Strategy for 2030 to protect the fragile natural resources on our planet3a, _________________ 3ahttps://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A52020 DC0380&qid=1612254399004
2021/02/03
Committee: ECON
Amendment 4 #

2020/2223(INI)

Motion for a resolution
Citation 5 d (new)
- having regard to the Commission Communication of 11 March 2020 on a new Circular Economy Action Plan for a Cleaner and More Competitive Europe4a, _________________ 4ahttps://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A52020 DC0098&qid=1612254510514
2021/02/03
Committee: ECON
Amendment 27 #

2020/2223(INI)

Motion for a resolution
Recital C a (new)
C a. whereas the European Council endorsed a new binding 2030 target of a net domestic reduction of at least 55% in greenhouse gas emissions compared to 1990;
2021/02/03
Committee: ECON
Amendment 29 #

2020/2223(INI)

Motion for a resolution
Recital C b (new)
C b. whereas full coherence between the Union’s policy goals in the framework of the Green Deal and the UN Sustainable Development Goals on the one hand and competition rules on the other is necessary;
2021/02/03
Committee: ECON
Amendment 39 #

2020/2223(INI)

Motion for a resolution
Paragraph 1
1. Highlights that a competition policy aiming to ensure a level playing field in all sectors, drive innovation and give consumers more choices, is crucial for guaranteeing the proper functioning of the single market; expresses its concern with the increase in industry concentration in Europe; observes in this regard that between 2001 and 2012 the average industry across 10 European economies saw a 2-3-percentage point increase in the share of the 10% largest companies in industry sales; warns that increase is observed for both manufacturing and nonfinancial services and is not driven by digital-intensive sectors; notes that increase in industry concentrations lead to higher mark-ups associated with higher profits at the expense of the European consumer;
2021/02/03
Committee: ECON
Amendment 41 #

2020/2223(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Considers that the treaty-based competition rules must be interpreted in the light of the wider European values underpinning the Union’s social market economy, notably environmental and social protection, equality considerations, consumer protection and public health, as mandated by Article 7 TFEU; takes the view, therefore, that activities which cause negative social and environmental externalities create market distortions that need to be addressed by means of competition law while, conversely, activities which bring social or environmental benefits should be explicitly taken into account when assessing treaty-based competition provisions;
2021/02/03
Committee: ECON
Amendment 43 #

2020/2223(INI)

Motion for a resolution
Paragraph 1 b (new)
1 b. Observes that there are many areas for concern in the EU such as low inflation, stagnating labour productivity, increasing inequality, unfair foreign competition and the climate breakdown; emphasises that the EU needs to use an investment-led and innovation-led policies to tackle these issues, in particular the EU needs more not less strategic spending; notes that key drivers of productivity are education, research, and training; believes that EU competition rules should facilitate and enhance the ability for Member States to take the risks of co- creating new markets focusing on such long-term societal issues; notes in this regard that innovation-led growth is not just about fixing a market failure but also about setting direction and creating new markets; warns that even with mild deficits, debt to GDP can increase due to lagging growth making the dynamics of long-term investment, not the deficit, the key concern;
2021/02/03
Committee: ECON
Amendment 44 #

2020/2223(INI)

Motion for a resolution
Paragraph 1 c (new)
1 c. Highlights that a broad reflection on a smart industrial policy that can help reallocate resources to certain key sectors (e.g. health) in a way that does not distort competition between firms can also help to lay the ground for a resilient and sustainable economy in the long term; stresses that restoring effective competition in the medium to long term is also key to ensuring that the recovery is rapid and consistent;
2021/02/03
Committee: ECON
Amendment 45 #

2020/2223(INI)

Motion for a resolution
Paragraph 1 d (new)
1 d. Urges the Commission to mainstream green, digital and industrial strategies in setting the conditions for future state aid by the Member States; is concerned with the insufficient integration of the EU’s objectives for a green, social and digital EU in state aid policies, in particular, the revision of the energy and environmental rules will have to facilitate appropriate measures further promoting a modern decarbonised and circular economy;
2021/02/03
Committee: ECON
Amendment 46 #

2020/2223(INI)

Motion for a resolution
Paragraph 1 e (new)
1 e. Stresses that beyond strengthening the single market, competition policy should be considered and applied under the wider European values regarding environmental standards, social affairs, climate policy and consumer protection; welcomes consequently the EC’s public consultation on Competition Law and the Green Deal as a step forward towards enhanced public policy cohesion; calls on the Commission to come forward with a forward-looking, comprehensive action plan on how competition and state aid rules should be revised;
2021/02/03
Committee: ECON
Amendment 47 #

2020/2223(INI)

Motion for a resolution
Paragraph 1 f (new)
1 f. Stresses that EU consumers’ interests go beyond the availability of cheap products, and include, among others, a heathy environment in the EU and abroad and the proliferation of fair trading relations;
2021/02/03
Committee: ECON
Amendment 48 #

2020/2223(INI)

Motion for a resolution
Paragraph 1 g (new)
1 g. Points out that even when products or services are supplied for free, consumers may still have to endure unjust behaviour, such as a degradation in quality or extortive practices; calls therefore, for the purposes of the cases under consideration, for the formulation of a 'theory of harm', which should transcend price-centric approaches and account for broader considerations;
2021/02/03
Committee: ECON
Amendment 56 #

2020/2223(INI)

Motion for a resolution
Paragraph 3
3. Considers that ensuring a level playing field for undertakings in the single market also depends on decisively and effectively combating social dumpingprotecting the environment, combating social, environmental dumping, tax avoidance and tax evasion;
2021/02/03
Committee: ECON
Amendment 61 #

2020/2223(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Reiterates that taxation is being used to grant indirect state aid, creating an uneven playing field in the internal market; calls in the Commission to review its state aid guidelines on tax to assess whether tax advantages, such as tax exemptions or tax credits, do distort competition; calls on the Commission to look into the possibility to fine countries found in breach of EU state aid rules;
2021/02/03
Committee: ECON
Amendment 62 #

2020/2223(INI)

Motion for a resolution
Paragraph 3 b (new)
3 b. Highlights that small and medium- sized enterprises (SMEs) are the backbone of the European economy, representing 99.8% of non-financial enterprises in the EU; notes that the strong contribution to job creation and value added make SMEs crucial to ensuring economic growth and social integration in the EU; regrets that despite their growth opportunities, SMEs may face difficulties in obtaining access to finance;
2021/02/03
Committee: ECON
Amendment 66 #

2020/2223(INI)

Motion for a resolution
Paragraph 4
4. Highlights that excaggressive tax burdens may stifle innovation and jeopardise the contestability of markets, especially for SMEspractices by multinationals, harmful tax practices and tax advantages targeted at large companies can stifle innovation and jeopardise the contestability of markets, especially for SMEs; calls on the Commission to assess whether patent box regimes, super R&D deductions and tax credits distort the level playing field and competition in the EU;
2021/02/03
Committee: ECON
Amendment 73 #

2020/2223(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Reiterates that it is deeply alarmed at the far-reaching concentration of the food supply chain to the detriment of consumers, farmers, the environment and biodiversity alike;
2021/02/03
Committee: ECON
Amendment 81 #

2020/2223(INI)

Motion for a resolution
Paragraph 5
5. Welcomes the adoption of a Temporary Framework for State aid measures established in response to the COVID-19 crisis; observes that state aid budgets differ substantially across EU Member States; stresses, however, that state aid given in response to the COVID- 19 crisis should not undermine the EU’s capacity to achieve its climate and environment objectives by providing state aid to economic activities which are environmentally and economically not viable; calls on the Commission to require binding sustainability conditions for state aid to economic activities with a high carbon footprint;
2021/02/03
Committee: ECON
Amendment 89 #

2020/2223(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Calls on the Commission to take measures in accordance to the conclusions and recommendations made in the study ‘Impact of state aid on competition and competitiveness during the COVID-19 pandemic: an early assessment’ by the Policy Department for Economic, Scientific and Quality of Life Policies at the European Parliament;
2021/02/03
Committee: ECON
Amendment 93 #

2020/2223(INI)

Motion for a resolution
Paragraph 5 b (new)
5 b. Notes that the Temporary Framework for State aid measures includes certain conditionalities for certain types of state aid measures such as recapitalisation; welcomes in this regard conditionalities such as a ban on dividend distribution, bonus payments and share buybacks; regrets however that such conditionalities were not imposed on other state aid measures; calls the Commission to impose such conditionalities to all state aid measures in the Temporary Framework;
2021/02/03
Committee: ECON
Amendment 94 #

2020/2223(INI)

Motion for a resolution
Paragraph 5 c (new)
5 c. Observes with concern that recent EU state aid cases hardly refer to the overall EU policy objectives of a green and digital transformation of the EU economy; regrets that most Member States do not make state aid conditional to long-term societal objectives such as tax compliance and sustainability; welcomes the Commission’s recommendation on state aid and tax havens in this regard; calls on the Commission to ensure that the Temporary Framework for State aid prevents undermining of key EU policy objectives such as the European Green Deal, the EU’s Digital Strategy and the European Pillar of Social Rights; in this regard, calls on the Commission to take a stronger stance on these matters in the future, including restrictions on mass lay- offs;
2021/02/03
Committee: ECON
Amendment 95 #

2020/2223(INI)

Motion for a resolution
Paragraph 5 d (new)
5 d. Highlights that the transparency and traceability of the state case evaluation process should be enhanced; observes that the motivation for approving cases as well as the conditions imposed are often only vaguely described, moreover, ask for a better and more systemic reporting on which Member States and which economic activities are entitled to which kind of public support;
2021/02/03
Committee: ECON
Amendment 96 #

2020/2223(INI)

Motion for a resolution
Paragraph 5 e (new)
5 e. Stresses that the European Commission evaluates state aid cases on a case-by-case basis; highlights that there is a risk of interconnectedness between cases that can be neglected; asks the commission to evaluate the cases while taking into account previous cases submitted by the same Member State as well as similar case submitted by other Member State;
2021/02/03
Committee: ECON
Amendment 98 #

2020/2223(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Commission and the Member States to launch a post COVID-19 roadmapaction plan for lessfair and better targeted State aid;
2021/02/03
Committee: ECON
Amendment 102 #

2020/2223(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Observes with concern how the airlines and aviation sector stand out in state aid received under the Temporary Framework with an estimated €42.8 billion of state aid since the beginning of the Covid-19 crisis; stresses that conditions linked to the objectives of the Green Deal vary between Member States thereby distorting a level playing field in the internal market; calls on the Commission to include binding sustainability conditions for large companies with substantial green house gas emissions such as airlines and airports in the revision of the Temporary Framework;
2021/02/03
Committee: ECON
Amendment 112 #

2020/2223(INI)

Motion for a resolution
Paragraph 7
7. Reiterates the priority of ensuring that State aid rules are strictly and impartially adhered to, including when dealing with future banking crises, so that taxpayers are protected against the burden of bank rescues; believes banks receiving state aid should be prohibited to distribute dividends and make bonus payments;
2021/02/03
Committee: ECON
Amendment 126 #

2020/2223(INI)

Motion for a resolution
Paragraph 8
8. CNotes that EU competition rules should not be seen in isolation of monetary, trade and fiscal policies; calls for reflection on possible distortions of competition arising from the European Central Bank’s pandemic emergency purchase programme (PEPP) and corporate sector purchasing programme (CSPP); asks the Commission to examine whether possible distortions of competition arising from the CSPP in particular hit SMEs;
2021/02/03
Committee: ECON
Amendment 149 #

2020/2223(INI)

Motion for a resolution
Paragraph 10
10. ECalls on the Commission to pay more attention to the role of foreign-based state-owned enterprises that are supported and subsidized by their governments in ways that the EU single market rules prohibit for EU entities; expresses its concern about distortive state-funded competition from Chinese and other foreign undertakings acquiring European undertakings, especially those active in innovative technologies;
2021/02/03
Committee: ECON
Amendment 160 #

2020/2223(INI)

Motion for a resolution
Paragraph 11
11. Welcomes the Commission’s White Paper on levelling the playing field as regards foreign subsidies; observes the continues foreign takeover pressure on European companies such as Carrefour; warns that urgent action on the matter is needed;
2021/02/03
Committee: ECON
Amendment 165 #

2020/2223(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Regrets that the Commission continues to negotiate free trades agreements at any costs;
2021/02/03
Committee: ECON
Amendment 170 #

2020/2223(INI)

Motion for a resolution
Paragraph 12
12. Is of the opinion that the Union and the Member States need targeted policies and investments to reindustrialise certain strategic industries and re- shore jobs and value chain activities;
2021/02/03
Committee: ECON
Amendment 183 #

2020/2223(INI)

Motion for a resolution
Paragraph 14
14. Supports the inclusion in EU competition rules of a thorough State aid check on undertakings from third countries, while stressing that the Union should remain open to foreign direct investments complying with its legal framework and respect European social and environmental standards;
2021/02/03
Committee: ECON
Amendment 188 #

2020/2223(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Calls for a spillover analysis of EU state aid rules on the competitiveness of low and middle-income countries;
2021/02/03
Committee: ECON
Amendment 189 #

2020/2223(INI)

Motion for a resolution
Paragraph 14 b (new)
14 b. Reiterates its call to the Commission and Member States to adopt reinforced trade defence instruments to combat unfair trade practices; calls, therefore, for unfair trading practices to be addressed effectively by making full use of the available instruments, including taking into account social and environmental dumping and developing new effective tools to tackle the distortive effects of foreign state ownership and subsidies in the internal market;
2021/02/03
Committee: ECON
Amendment 191 #

2020/2223(INI)

Motion for a resolution
Paragraph 14 c (new)
14 c. Regrets that the EU-UK Trade and Cooperation agreement does not provide for a full level playing field as regards state aid and competition; notes with concern that compared to other trade agreements, such as with Switzerland, the EU-UK agreement is weaker;
2021/02/03
Committee: ECON
Amendment 193 #

2020/2223(INI)

Motion for a resolution
Paragraph 14 d (new)
14 d. Calls on the Commission to ensure reciprocity with third countries, including in the respect of social and environmental standards, in public procurement and in investment policy; calls for the finalization of the EU’s international procurement instrument by 2021;
2021/02/03
Committee: ECON
Amendment 198 #

2020/2223(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Stresses the importance of clear measures to ensure effective enforcement and supervision of competition law at the EU level, especially in the context of fast- moving markets; underlines that the compliance of provisions must be reinforced with effective and proportionate penalties;
2021/02/03
Committee: ECON
Amendment 219 #

2020/2223(INI)

Motion for a resolution
Paragraph 18
18. Calls on the Commission to consider proposals to prohibit platforms from engaging in self-preferencing or operating in lines of business that depend on or interoperate with the platform, as well as to require platforms to make their services compatible with competing networks to allow for interoperability, including of core services, and data portability;
2021/02/03
Committee: ECON
Amendment 231 #

2020/2223(INI)

Motion for a resolution
Paragraph 20
20. Looks forward to the Commissionʼs proposals for a Digital Services Act and a Digital Markets Act;deleted
2021/02/03
Committee: ECON
Amendment 274 #

2020/2223(INI)

Motion for a resolution
Subheading 4 a (new)
Competition rules supporting the European Green Deal;
2021/02/03
Committee: ECON
Amendment 275 #

2020/2223(INI)

Motion for a resolution
Paragraph 25 a (new)
25 a. Notes that to ensure the competition policy’s alignment with the European Green Deal, the state aid regime must be revised, taking the Union’s 2050 climate neutrality and new 2030 greenhouse gas emission reduction targets, as well as zero pollution and circular economy strategies into account; notes that mobilising investments at the scale needed to meet the 2030 emission targets will require in certain appropriate cases the provision of state aid as recognised by the Commission; calls therefore on the Commission to make sure that the alignment to the Green Deal should be reflected on all state aid regulations and not only on those for environmental protection and energy;
2021/02/03
Committee: ECON
Amendment 276 #

2020/2223(INI)

Motion for a resolution
Paragraph 25 b (new)
25 b. Welcomes the implementation of Important Projects of Common European Interest (IPCEI) such as the European Battery Alliance; calls on the Commission to further promote major IPCEIs in disruptive technologies, to simplify the relevant provisions and to streamline its requirements so that smaller industrial research projects are also approved;
2021/02/03
Committee: ECON
Amendment 277 #

2020/2223(INI)

Motion for a resolution
Paragraph 25 c (new)
25 c. Calls on the Commission, as part of its upcoming revision of the Guidelines on State aid for environmental protection and energy to include nuclear energy fossil fuels and subject aid granted to them to strict necessity tests; calls furthermore on the Commission to provide for greater flexibility for aid granted to citizen-generated renewable energy in line with the EU’s climate commitments, notably concerning thresholds and technology neutrality for tendering procedures; underlines that further guidance is needed on repowering, hybrid projects and electricity storage;
2021/02/03
Committee: ECON
Amendment 278 #

2020/2223(INI)

Motion for a resolution
Paragraph 25 d (new)
25 d. Underlines the existing market failures to trigger the necessary investments in energy efficiency and savings, especially in the building sector; notes that renovation models such as those proposed by energy service companies (ESCOs) have proven successful in achieving benefits; deplores however that the General Block Exemption Regulation and existing guidelines provide little guidance on state aid in this context; calls therefore on the Commission to provide further guidance and an enabling framework for further investments in energy efficiency and building renovation;
2021/02/03
Committee: ECON
Amendment 279 #

2020/2223(INI)

Motion for a resolution
Paragraph 25 e (new)
25 e. Calls on the Commission to review its guidelines on state aid for airports and airlines, in order to align them with EU’s climate commitments and the Paris Agreement; urges the Commission to not extend the transitional period, from 2014 to 2024, in which airports can receive operating aid, preferably this transitional period should end in 2022; calls on the Commission to exclude from the scope of the General Block Exceptions Regulation aid granted to airports and ports;
2021/02/03
Committee: ECON
Amendment 280 #

2020/2223(INI)

Motion for a resolution
Paragraph 25 f (new)
25 f. Recalls the need for a roadmap for better-targeted state aid especially for the delivery of services of general economic interest including energy, transport or telecommunications;
2021/02/03
Committee: ECON
Amendment 281 #

2020/2223(INI)

Motion for a resolution
Paragraph 25 g (new)
25 g. Calls on the Commission to continue its in-depth analysis on the extent and effect of buying alliances on the economic functioning of the agricultural and food supply chain, taking particular account of the effects on small suppliers;
2021/02/03
Committee: ECON
Amendment 282 #

2020/2223(INI)

Motion for a resolution
Paragraph 25 h (new)
25 h. Expresses concern for unsustainable downward pressure on farm prices resulting from excessive processor or buyer power downstream in agricultural supply chains; encourages the Commission to revise its approach in assessing the abuse of dominant market positions, to include cases which place unsustainable downward pressure on farm prices, whether or not they result in higher consumer prices;
2021/02/03
Committee: ECON
Amendment 283 #

2020/2223(INI)

Motion for a resolution
Paragraph 25 i (new)
25 i. Considers that competition policy should better integrate the value of public good in food pricing in light of the growing demand for more sustainable food systems; calls for EU competition policy to consider broader consumers' interests, beyond the factor of price alone; calls on the Commission to provide, in the context of the revision of the horizontal guidelines, legal certainty for horizontal and vertical cooperation initiatives with the aim of improving factors such as sustainability and fair labour standards in the food supply chain on the conditions under which such arrangements are admissible;
2021/02/03
Committee: ECON
Amendment 284 #

2020/2223(INI)

Motion for a resolution
Paragraph 25 j (new)
25 j. Reiterates its call for coal regions to be identified as assisted areas in accordance with Article 107(3) (a) and (c) of the TFEU and for EU aid rules for these special regions to be adapted so as to enable measures to be taken to deal with structural change; insists that coal mining companies and coal power plant operators having received and still receiving public support for mining and burning coal must not be subject to a privileged state-aid treatment, including for traditional corporate responsibility activities such as ground water restoration, landscape refurbishment or other cleaning-up sites related activities; calls on the Commission to provide clear guidance and conditionality in line with EU climate commitments;
2021/02/03
Committee: ECON
Amendment 294 #

2020/2223(INI)

Motion for a resolution
Paragraph 27
27. Calls on the Commission to give careful consideration to sectors which are the basis of many other industries, as well as the Union’s social and economic value chain; is concerned that excluding too large a number of such sectors from eligibility for State aidcurrent state aid regimes contradict the European Green Deal objectives by neglecting to factor in external costs such as climate, pollution, environment and health, including through the revised EU Emission Trading System State aid guidelines, may put the Union’s international competitiveness at risk’s free allocations and indirect cost compensation mechanisms;
2021/02/03
Committee: ECON
Amendment 302 #

2020/2223(INI)

Motion for a resolution
Paragraph 28
28. Notes with concern that the recovery of illegal State aid remains a lengthy and cumbersome process; calls on the Commission to impose a new framework for fines, including the possibility for fines on member states;
2021/02/03
Committee: ECON
Amendment 307 #

2020/2223(INI)

Motion for a resolution
Paragraph 28 a (new)
28 a. Recalls that, in order to help SMEs cope with the greater challenges of entering new markets and enable them to compete on their own merits, EU trade and competition policy should contribute to an SME-friendly trade environment;
2021/02/03
Committee: ECON
Amendment 308 #

2020/2223(INI)

Motion for a resolution
Paragraph 28 b (new)
28 b. Stresses that the concept of a ‘fair price’ should not be equated with the lowest consumer price possible, but instead should be reasonable and enable the fair remuneration of all actors; considers that a focus on lowest-possible consumer prices ignores the negative externalities associated with certain types of production; stresses that consumers have interests beyond low prices alone, such as environmental sustainability or quality and nutritional value of food;
2021/02/03
Committee: ECON
Amendment 328 #

2020/2223(INI)

Motion for a resolution
Paragraph 31 a (new)
31 a. Highlights that in the face of a crisis, some firms may be tempted to reorganize the structure of an industry by entering into so-called "crisis cartels", i.e. agreements among most or all competitors to restrict output and/or reduce capacity to increase profitability and prevent market exit in times of crisis;
2021/02/03
Committee: ECON
Amendment 330 #

2020/2223(INI)

Motion for a resolution
Paragraph 31 b (new)
31 b. Asks the Commission to monitor closely any significant and rapid price increases. In the short term, this may include enforcement actions to identify where and when prices increased in the supply chain, as well as the use of interim measures or warning letters to stop the conduct quickly when appropriate;
2021/02/03
Committee: ECON
Amendment 331 #

2020/2223(INI)

Motion for a resolution
Paragraph 31 c (new)
31 c. Asks the Commission to use its advocacy powers to highlight the risks of price control measures implemented by governments, including those related to distorting price signals that may encourage production and undermine incentives for new entrants to address shortages;
2021/02/03
Committee: ECON
Amendment 336 #

2020/2223(INI)

Motion for a resolution
Paragraph 32 a (new)
32 a. Highlights the potential of the ongoing review of the Guidelines on Horizontal Cooperation Agreements to facilitate cooperation agreements for sustainability which may result in the achievement of legitimate environmental or social policy objectives in the EU and abroad (such as enhanced environmental standards or the achievement of living incomes or living wages in third countries); invites the Commission in particular to consider societal benefits and delayed benefits when evaluating the fulfilment of Article 101(3);
2021/02/03
Committee: ECON
Amendment 343 #

2020/2223(INI)

Motion for a resolution
Paragraph 32 b (new)
32 b. Asks the Commission to come forward with a revision of the EU Merger Regulation, so that it may be vested with the powers, much as a number of Member States are at present, to adopt measures to protect the European public order and the rights and principles of the TFEU and EU Charter of Fundamental Rights, including environmental protection;
2021/02/03
Committee: ECON
Amendment 348 #

2020/2223(INI)

Motion for a resolution
Paragraph 32 c (new)
32 c. Calls on the Commission to issue guidance on the interpretation of "Significant Impediment to effective Competition" under the Merger Regulation so that in cases of merger, the Commission does not only look at prices, output and innovation but also pays attention to the social and environmental costs of such transitions in light of the TFEU principles including environmental protection;
2021/02/03
Committee: ECON
Amendment 350 #

2020/2223(INI)

Motion for a resolution
Paragraph 32 d (new)
32 d. Calls on the Commission to consider revising the thresholds for a merger review in order to include, among others, factors such as the number of consumers impacted and the value of the related transactions as part of its ongoing evaluation of the Merger Regulation; calls on the Commission to also assess higher levels of concentration due to horizontal ownership by large asset management companies in its ongoing evaluation of the Merger Regulation and consider providing guidelines on the use of Articles 101 and 102 fo the TFEU in this respect;
2021/02/03
Committee: ECON
Amendment 7 #

2020/2221(INI)

Draft opinion
Paragraph 1 a (new)
1a. Takes the view that despite repeated overhauls it has still not been possible to reform the CAP properly so as to take account of the expectations of EU citizens when it comes to the climate, the environment, food, transparency, efficiency and fairness in the use of public funds allocated to the farming industry; takes the view, furthermore, that this inability is a discredit to the CAP as a public policy, jeopardising both its very existence and its budget, which is falling even though agriculture guarantees our food security and has much to offer in terms of helping tackle challenges in all areas relating to the climate, the environment and employment;
2021/07/28
Committee: AGRI
Amendment 16 #

2020/2221(INI)

Draft opinion
Paragraph 2 a (new)
2a. Emphasises the need to change the criterion for the allocation of aid per hectare – which is leading to a scramble to acquire land and to the expansion of farms – and replace it with more relevant criteria relating to employment and the sustainability of production methods, introducing redistribution schemes to prevent situations involving annuities (especially when market prices are high), encourage best practices and relevant investments, and make support more accessible to those who need it most in order to ensure their farms remain viable;
2021/07/28
Committee: AGRI
Amendment 17 #

2020/2221(INI)

Draft opinion
Paragraph 2 b (new)
2b. Emphasises that if the current CAP support schemes are not changed, farm-expansion and land-grabbing will continue inexorably, forcing many farms out of business, to the detriment of a vibrant countryside in which many small- scale farmers manage holdings on a human scale, which are easier to pass on and offer better access to the land for younger generations and everyone interested in working in farming, including people who do not have backgrounds in farming;
2021/07/28
Committee: AGRI
Amendment 18 #

2020/2221(INI)

Draft opinion
Paragraph 2 c (new)
2c. Notes that the concentration of land ownership is also the result of a lack of transparency and oversight, and a lack or total absence of national land-use policies, making it possible for legal arrangements to be made that are aimed at circumventing existing rules, even prompting patronage-based practices that generally favour the rich, the powerful and those occupying top decision-making positions, which can lead to conflicts of interest;
2021/07/28
Committee: AGRI
Amendment 19 #

2020/2221(INI)

Draft opinion
Paragraph 2 d (new)
2d. Notes that land-grabbing may also involve illegal activity and corruption by oligarchies and kleptocracies, as we have seen in Member States in central and eastern Europe, or by mafia organisations or unscrupulous businesses that also exist in other Member States;
2021/07/28
Committee: AGRI
Amendment 25 #

2020/2221(INI)

Draft opinion
Paragraph 3
3. Highlights that the Member States are responsible for the EU agricultural funds under shared management with the Commission; considers that, because compliance checks on expenditure are transferred from the Commission to the Member States under the new delivery model for CAP reform and the new Nnational Sstrategic Pplans, to be a great opportunity to reinforce Member States’ and the Commission’s controls pertaining to the distribution and management of fundshere is a danger not only of disparities among the checks carried out in each country, but also of less rigorous checks on the use of European public funds, which could result in a number of irregularities that are extremely harmful to the CAP’s image and its budget;
2021/07/28
Committee: AGRI
Amendment 43 #

2020/2221(INI)

Draft opinion
Paragraph 4 a (new)
4a. Notes that OLAF is responsible for combating fraud in CAP payments, and that open cases are based on information from Member States or reports from members of the public who have been affected and who may then face retaliation; emphasises, furthermore, that OLAF cases are highly confidential and are not widely publicised when they are concluded; therefore calls, on the one hand, for whistleblowers to be protected, and, on the other, for the establishment of follow-up obligations for OLAF, for DG AGRI to report any suspected fraud, and for fraud investigation authorities in the Member States to share best practices in the area;
2021/07/28
Committee: AGRI
Amendment 45 #

2020/2221(INI)

Draft opinion
Paragraph 5
5. Underlines the importance of transparency for the early detection of fraud, conflicts of interest or other irregularities; stresses the importance ofat it is important to have unique identifiers within reporting systems and databases to make it clear who the final beneficiaries are – whether they are individuals or belong to one or more companies in receipt of funds, including via several companies registered in several Member States – and to have shared databases to ensure EU- wide database interoperability, common rules and; lastly, emphasises the importance of having common data -exchange, rules, stepping up cross- border cooperation and betterimproving the use of IT tools;
2021/07/28
Committee: AGRI
Amendment 51 #

2020/2221(INI)

Draft opinion
Paragraph 5 a (new)
5a. Takes the view that the Member States can play an important role in adding a ‘parent structure or company’ field to declaration forms, with a unique alphanumeric identifier, to prevent transcription errors and as an effective way of grouping subsidiaries together with their parent structures; points out that, in this way, the unique alphanumeric identifier of each applicant for CAP funding can be matched by fraud investigators with a unique EU company number, EUID (Regulation 2015/884) or the European business register;
2021/07/28
Committee: AGRI
Amendment 53 #

2020/2221(INI)

Draft opinion
Paragraph 5 b (new)
5b. Points out that Arachne, the common data-mining tool in the regulation on the financial management and monitoring of the CAP (horizontal regulation), has thus far only been used to audit projects involving cohesion funding; takes note of Parliament’s calls to extend the data-mining and transparency approach currently only in use for CAP investment funding to all audits on area payments in the first and second pillars;
2021/07/28
Committee: AGRI
Amendment 3 #

2020/2126(INI)

Draft opinion
Paragraph 1
1. Underlines that common agricultural policy (CAP) funds make up a significant proportion of the 2021-2027 EU budget and that there is therefore a responsibility to protect them against any type of misuse, which is detrimental to the image of what is a public policy and to the interests of the European citizens who contribute to that budget;
2021/11/10
Committee: AGRI
Amendment 5 #

2020/2126(INI)

Draft opinion
Paragraph 1 a (new)
1a. Considers that greater transparency is a decisive factor in detecting fraud and conflicts of interest and that it is therefore essential to publish a comprehensive list of CAP beneficiaries which is clear and accessible to the public; points out that that requires more common rules, better data interoperability, more cross-border cooperation and greater use of modern and efficient (digital) tools;
2021/11/10
Committee: AGRI
Amendment 10 #

2020/2126(INI)

Draft opinion
Paragraph 2
2. Welcomes the study entitled ‘The Largest 50 Beneficiaries in each EU Member State of CAP and Cohesion Funds’ and emphasises the importance of consolidating and harmonising EU reporting systems in order to have the knowledge that makes it possible to verify and compare ownership structures from one Member State to another; stresses also that reporting systems for CAP and cCohesion pPolicy funds should contain information on all final beneficiaries, including holding companies, parent structures, whether headquartered within or outside the EU, and ultimate beneficial owners;
2021/11/10
Committee: AGRI
Amendment 18 #

2020/2126(INI)

Draft opinion
Paragraph 3
3. Notes the EU-wide definition of active farmers in the new CAP; emphasises, however, the lack of progress in the fight against oligarch structures; notes that this is largely because of a lack of transparency affecting all final beneficiaries of the CAP budget as a whole (including holding companies and ultimate beneficial owners), and in particular those upstream in the supply chain, as at present there is transparency only as regards farmers applying for CAP funds who complete an annual declaration;
2021/11/10
Committee: AGRI
Amendment 21 #

2020/2126(INI)

3a. Takes the view that the current unfair distribution of CAP support, resulting in the cumulation of support and in farm expansion, is creating an environment conducive to conflicts of interest and to fraud; regrets that the capping of support and other forms of redistribution under the CAP have not been made compulsory for Member States after 2023; considers that a unique opportunity has been missed, for which the Council bears responsibility in particular, to make the support system fairer, more equitable and less subject to risks of conflicts of interest and fraud;
2021/11/10
Committee: AGRI
Amendment 28 #

2020/2126(INI)

Draft opinion
Paragraph 4
4. Encourages the Member States to use the different redistributive tools for a fairer distribution of funds and to apply the capping provisions on direct payments, including at the level of parent structures, so that larger holding companies cannot circumvent capping by artificially splitting themselves up into smaller entities;
2021/11/10
Committee: AGRI
Amendment 39 #

2020/2126(INI)

Draft opinion
Paragraph 5
5. Calls for the mandatory use of the ARACHNE system by Member States in order to achieve more transparency on ultimathe beneficiaries ofl owners and individual beneficiaries belonging to parent companies in connection with CAP funds and where such funds end up, as well as the mandatory use of the Early Detection and Exclusion System for CAP funds in an effort to enhance transparency on the use of taxpayers’ money;
2021/11/10
Committee: AGRI
Amendment 42 #

2020/2126(INI)

Draft opinion
Paragraph 5 a (new)
5a. Regrets that the mandatory use of the ARACHNE data extraction tool was rejected during the CAP reform negotiations;
2021/11/10
Committee: AGRI
Amendment 43 #

2020/2126(INI)

Draft opinion
Paragraph 5 b (new)
5b. Notes that, to date, ARACHNE has tended to be used in connection with project-related expenditure; calls therefore on the Commission to develop a similar approach as regards the data mining tool in order to increase transparency relating to the remaining CAP funds, in particular first-pillar payments aggregated by parent company and ultimate beneficial owner;
2021/11/10
Committee: AGRI
Amendment 63 #

2020/2126(INI)

Draft opinion
Paragraph 6 a (new)
6a. Further to: (i) Parliament’s call1 afor greater transparency in the distribution of agricultural land and the concentration of land, which has an impact on access to land for farmers; (ii) the opinions of the Ombudsman2 aand of the Court of Auditors on the need to link individual public payments to the land (parcels) for which they are granted, in the context of possible fraud and misuse of EU funds; (iii) and as the statistics available3 aprovide a limited picture of farm ownership and control, in order to facilitate public-authority monitoring and control of land grabbing and concentration and to ensure greater accountability and transparency with regard to EAFRD and EAGF support, information on ownership structures should therefore also be made available to the public. Therefore, when the names of CAP fund beneficiaries are published ex-post, Member States should include information on the legal owners of agricultural parcels in respect of which payments have been applied for. In addition, publication of the list of beneficiaries should also make it possible to identify the parent undertakings. That would significantly contribute to the monitoring of ownership structures and facilitate the investigation of potential conflicts of interest, corruption, and fraudulent behaviour. _________________ 1a European Parliament report on the state of play of farmland concentration in the EU (2016/2141 (INI)). 2aEuropean Ombudsman’s decision in Case 1782/2019/EWM. 3a Regulation (EU) 2018/1091 on integrated farm statistics.
2021/11/10
Committee: AGRI
Amendment 64 #

2020/2126(INI)

Draft opinion
Paragraph 6 a (new)
6a. Considers that combating conflicts of interest and fraud not only requires a comprehensive information and monitoring system that provides a clear and accurate picture of the distribution of CAP funds, but also presupposes a strengthened role for OLAF: the resources it has for investigations, for following up complaints and for training must be stepped up, and its arrangements for European coordination with the Court of Auditors, Eurojust, the European Public Prosecutor's Office and the Member States must be enhanced, as must the coordination it can carry out at international level; referral to OLAF by any citizen must be facilitated and whistle-blowers must be better protected;
2021/11/10
Committee: AGRI
Amendment 70 #

2020/2126(INI)

Draft opinion
Paragraph 7
7. Expresses its concern at the cases of high-level conflicts of interest and land- grabbing by oligarchs, which are possibly beingparticularly when they are facilitated by governments and public authorities; points out that these risks of conflicts of interest are greater with regard to shared expenditure, which is financed by the Union budget and disbursed to beneficiaries by the Member States, whose experience has shown that not all of them are a model of virtue;
2021/11/10
Committee: AGRI
Amendment 75 #

2020/2126(INI)

Draft opinion
Paragraph 9 a (new)
9a. Takes the view that there may also be conflicts of interest in connection with advisory services, because of the importance attached to AKIS receiving financial support from the second pillar of the CAP, in particular when a vendor advises a farmer on the purchase of inputs, and in particular pesticides, as this may discriminate against and penalise alternative practices based on agroecology and/or integrated pest management;
2021/11/10
Committee: AGRI
Amendment 80 #

2020/2126(INI)

Draft opinion
Paragraph 10
10. Encourages the harmonisation of cadastral systems at EU level. , the interoperability of land ownership systems, animal identification, and comparability of the Integrated Administration and Control System (IACS) for payments, which have been designed differently from one Member State to another, so that analysis between Member States and at Union level is possible and that ultimate beneficial owners and parent companies with subsidiaries in different Member States can be identified and checked.
2021/11/10
Committee: AGRI
Amendment 1 #

2020/2077(INI)

Draft opinion
Paragraph 1
1. Considers that the agriculture, food and forestry sectors and rural areas are essential components of the circular economy, and that, since it is closely based on nature's cycles and processes, sustainable agriculture is fully compatible with the properly functioning circular economy which is needed to produce healthy and affordable food to sustain lives and all generations living in a given territory;
2020/10/16
Committee: AGRI
Amendment 8 #

2020/2077(INI)

Draft opinion
Paragraph 1 a (new)
1a. Welcomes the Commission's communication, since it fully reflects the changes required of an economy as it evolves to meet the needs of the sustainable development which makes it possible to create jobs while protecting the climate, the environment and biodiversity;
2020/10/16
Committee: AGRI
Amendment 9 #

2020/2077(INI)

Draft opinion
Paragraph 2
2. Takes the view that the announcement of the action plan is a clarion call for profound change to reorient farm production models and concepts towards agro- ecology and organic farming, given the degradation and scarcity both in natural resources and in the rest of the food chainin natural resources and the need to improve production; notes that it points the way towards a more sustainable, resource-efficient, self-sufficient and resilient type of farming; stresses that the circular economy model and the changes involved will also affect the food processing and retail sectors;
2020/10/16
Committee: AGRI
Amendment 17 #

2020/2077(INI)

Draft opinion
Paragraph 3
3. Considers that the principles of the circular economy entail better oversight over inputs, the development of a collaborative economy, enabling more effective use to be made of equipment and facilities, anduse of energy resources (fuel, thermal efficiency of buildings), water (water-saving irrigation systems, recovering and recycling water, storing water in the ground) and animal feed (since the raw materials used in concentrated animal feed often come from far away); the replacement of non-renewable chemical inputs (fertilisers, synthetic pesticides) with organic, bio-sourced products derived from natural processes (biofertilisers, biostimulants and biocontrols); the development of a collaborative economy, enabling more effective use to be made of equipment and facilities and preventing the over- equipment often associated with investment management based on tax planning, and greater cooperation between stakeholders on the ground, underpinned by collective and shared commitments;
2020/10/16
Committee: AGRI
Amendment 24 #

2020/2077(INI)

Draft opinion
Paragraph 4
4. Calls for the implementation of a European protein planstrategic plan for the supply of GMO-free plant proteins advocating consumption of legumes, as crops that need no nitrogen-based fertilisers; ous amendments, as well as other grain protein and forage crops which offer a number of agronomical and environmental advantages and will reduce the huge volumes we import from distant countries, including some with no regard for the environment, biodiversity or human rights;
2020/10/16
Committee: AGRI
Amendment 33 #

2020/2077(INI)

Draft opinion
Paragraph 5
5. Sees the circular bio-economy in the renewable energy sector as an opportunity for agriculture, enabling it generate renewable energy from biodegradable farm and municipal waste and its by-products: organic fertilisers; that can enable the production of recycled organic fertilisers, as replacements for, for example, imported phosphorous, global resources of which are dwindling, or synthetic nitrogen, which is polluting and energy-intensive to produce; takes the view, however, that the production of these organic fertilisers from digestates recovered from small methanation plants attached to farms, which make use of biodegradable farm waste as well as the waste from neighbouring residential areas and businesses, absolutely must adhere to strict health and environmental standards and to rules concerning their traceability and use, set at EU level, since these fertilisers must be free from contaminants (heavy metals, pharmaceutical residues, hormones, microbial pathogens, microplastics, glass, etc.) which could irreversibly pollute soils and the whole biosphere, thereby severely affecting farming and food production;
2020/10/16
Committee: AGRI
Amendment 40 #

2020/2077(INI)

Draft opinion
Paragraph 5 a (new)
5a. Calls for rules promoting the recycling and hence the re-use of waste water from closed industrial farm systems (indoor intensive farming, market gardening and horticultural greenhouses, etc.) in agricultural production;
2020/10/16
Committee: AGRI
Amendment 47 #

2020/2077(INI)

Draft opinion
Paragraph 6
6. Hopes that the circular economy will contribute to the relocation of agriculture and food production at local level by strengthening regional and local food systems and will encourage diversification and crop complementarity on and between farms;
2020/10/16
Committee: AGRI
Amendment 58 #

2020/2077(INI)

Draft opinion
Paragraph 7
7. Supports the Commission in its efforts to better inform consumers by improving origin labelling and also on nutritional and ecological claims, and also calls for labelling of residues, particularly pesticides, present in food;
2020/10/16
Committee: AGRI
Amendment 69 #

2020/2077(INI)

Draft opinion
Paragraph 8
8. Calls for prevention measures to be stepped up in the fight against food lossa hierarchy of measures in the fight against food waste that prioritises prevention, then explores the possibilities for food waste to be donated or processed, and wlastely looks at conversion into animal feed or fuel;
2020/10/16
Committee: AGRI
Amendment 80 #

2020/2077(INI)

Draft opinion
Paragraph 9
9. Urges the use of bio-sourced and biodegradable materials in agricultural plasticsCalls for farm waste collection, sorting and recycling facilities to be set up throughout Europe, drawing on the collective responsibility of all actors, farmers, distributors and industrialists; considers also that the Commission's draft plastic waste strategy is particularly relevant to agriculture, since the challenges and costs involved in recycling agricultural plastics mean the sector still has much progress to make; calls for a ban on oxo-fragmentable plastic films and advocates the use of bio-sourced and biodegradable materials which meet European requirements on curbing waste and soil pollution in particular;
2020/10/16
Committee: AGRI
Amendment 84 #

2020/2077(INI)

Draft opinion
Paragraph 9 a (new)
9a. Welcomes all initiatives which seek to incorporate waste management and prevention principles into the specifications of products with EU and national quality marks;
2020/10/16
Committee: AGRI
Amendment 89 #

2020/2077(INI)

Draft opinion
Paragraph 10 a (new)
10a. Considers that all innovations in the area of the circular economy should be covered by EU legislation and consistent with the principles of the Green Deal, and must not be harmful to the environment, biodiversity or health, in accordance with the precautionary principle;
2020/10/16
Committee: AGRI
Amendment 6 #

2020/2041(INI)

Draft opinion
Paragraph 1
1. Deplores the fact that the Commission continues to promote free trade with the ultimate aim of establishing a comprehensive free-trade area between the two continents; points out that free- trade agreements disrupt local agriculture, are damaging to small producers and exacerbate the African continent’s dependency on food imports and completely distort the terms of trade given the huge differences in productivity between the rich countries of the EU and Africa;
2020/06/29
Committee: AGRI
Amendment 11 #

2020/2041(INI)

Draft opinion
Paragraph 1 a (new)
1a. Recalls the importance of food sovereignty, a principle based on the capacity of each country or region to feed its population and to do so to the largest extent possible through its own resources; emphasises that this principle is especially important for the African continent which is still the region in the world most affected by malnutrition and which is expected to see very significant demographic growth in the coming years, notably in the sub-Saharan region;
2020/06/29
Committee: AGRI
Amendment 18 #

2020/2041(INI)

Draft opinion
Paragraph 1 b (new)
1b. Stresses that food sovereignty promotes development in line with one's own needs and avoids harming Africans' ways of life and modes of subsistence, and also allows the practice of 'dumping' — given the advantageous position of European producers afforded by CAP subsidies, science, know-how and technological means — to be avoided; recalls in this connection that it is not the role of Europe to 'feed the world' but to allow regions and countries to feed themselves; notes therefore the importance of creating regional and local markets in Africa in order to render local distribution networks and food security more resilient;
2020/06/29
Committee: AGRI
Amendment 28 #

2020/2041(INI)

Draft opinion
Paragraph 1 c (new)
1c. Deplores the overproduction of meat and milk in the European Union and its aggressive export model which damages the African market and local producers;
2020/06/29
Committee: AGRI
Amendment 30 #

2020/2041(INI)

Draft opinion
Paragraph 1 d (new)
1d. Calls on the EU to develop a geostrategic approach to agriculture in order to support a thoroughly reformed common agricultural policy committed to sustainability keeping the sustainable development of African farming in its quest for self-sufficiency intact;
2020/06/29
Committee: AGRI
Amendment 31 #

2020/2041(INI)

Draft opinion
Paragraph 1 e (new)
1e. Supports agro-ecological practices as the foundation for ecological, social and economic sustainability in Africa and in Europe, and the multifunctional solutions offered by this approach already promoted by UNEP and the FAO, to make African agriculture more resilient to climate shocks, better able to protect its soils by combating erosion and desertification, more bio-diverse and thus reduce the risk to producers by making them more self-sufficient and adaptable to climate change; considers that the European Union must significantly develop cooperation with Africa on such agro-ecological practices;
2020/06/29
Committee: AGRI
Amendment 32 #

2020/2041(INI)

Draft opinion
Paragraph 1 f (new)
1f. Stresses the importance of the role of seeds as regards sustainable agriculture and food production and the control of living things by farmers; points out that the exchange of seed of local varieties is indeed a way for farmers not to be dependent on the agro-industrial sector, an appropriate means of adopting a food security policy and, finally, of adapting production to pedoclimatic conditions and rapid climate change;
2020/06/29
Committee: AGRI
Amendment 33 #

2020/2041(INI)

Draft opinion
Paragraph 1 g (new)
1g. Highlights the potential of agroecological approaches, inter alia permaculture and agro-forestry, conservation and sharing of seeds, organic farming to improve the diversity of the diet of rural communities, moving away from monocultures and promoting food autonomy;
2020/06/29
Committee: AGRI
Amendment 34 #

2020/2041(INI)

Draft opinion
Paragraph 1 h (new)
1h. Recalls the resolution (2015/2277 (INI)) adopted on 16 April 2016 by the DEVE Committee of the European Parliament and on 7 June 2016 concerning the NAFSN and contests the support of GMOs by the EU and more generally the G8 in Africa;
2020/06/29
Committee: AGRI
Amendment 35 #

2020/2041(INI)

Draft opinion
Paragraph 1 i (new)
1i. Recalls the importance of agroforestry and permaculture approaches in mixed gardens which are excellent for food safety for small farmers and communities; stresses that certain trees are also leguminous plants which capture atmospheric nitrogen, thereby eliminating the need for chemical fertilisers, which destroy soil life and increase farmers’ production costs by adding to the dependency on input products; stresses that the lack of trees in rural environments leads to desertification and extreme soil erosion; stresses that this is partly due to the need of local populations for fire wood and also due to pressure from overgrazing; notes the need for simple, fair, effective and integrated rural development solutions on the ground;
2020/06/29
Committee: AGRI
Amendment 36 #

2020/2041(INI)

Draft opinion
Paragraph 1 j (new)
1j. Warns against a neo-colonialist approach and new forms of input dependency (seeds, fertilisers, pesticides), but also with regard to financing and farmers going into debt in the pursuit of digital technologies; stresses that they should not seek to promote or firmly establish existing or new dependencies, but should rather allow farmers and their communities to be autonomous;
2020/06/29
Committee: AGRI
Amendment 37 #

2020/2041(INI)

Draft opinion
Paragraph 2
2. Is particularly concerned about the fact that deforestation is gaining pace in Africa and in Europe; is equally alarmed by the role of European policies, in particular the biofuels policy (Directive on the promotion of the use of energy from renewable sources and indirect land use change (ILUC)), and stresses, in particular, the effects of fuel production on global deforestation and food crops; points out that the destruction of the African rainforests leads to an irreversible loss of biodiversity and of carbon sinks and of the habitat and ways of life of indigenous communities living in the forests; calls on the Commission to submit, without delay, a proposal for a European due diligence framework in order to guarantee sustainable and deforestation- free supply chains for all products placed on the EU market;
2020/06/29
Committee: AGRI
Amendment 50 #

2020/2041(INI)

Draft opinion
Paragraph 3
3. Deplores that fact that land- grabbing is rife in Africa; points out that land-grabbing is a brutal practice that undermines food sovereignty and endangers rural African communities; calls on the Commission to establish an observatory for deforestation, fires and land-grabbing using satellites (remote detection) and an early warning system with the support of the local populations, while respecting policy coherence for development, in particular by using the provisions of the regulation on the financing, management and monitoring of the common agricultural policy (CAP);
2020/06/29
Committee: AGRI
Amendment 61 #

2020/2041(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Welcomes the NaturAfrica initiative which aims to protect wild flora and fauna, while at the same time providing local people with opportunities in the ‘green’ sectors.
2020/06/29
Committee: AGRI
Amendment 73 #

2020/2041(INI)

Draft opinion
Paragraph 4 a (new)
4a. Calls for increased cooperation between Africa and Europe in terms of rural development practices, in particular the exchange of appropriate, low-cost and efficient techniques and approaches, including marketing and processing of food, alternatives to pesticides, agroforestry and cooperation models and other solutions that benefit small farmers, groups of small-scale farmers and communities, without creating dependency on inputs or debts and increasing resilience and self-reliance;
2020/06/29
Committee: AGRI
Amendment 77 #

2020/2041(INI)

Draft opinion
Paragraph 4 b (new)
4b. Stresses that the EU needs to bring its policies, notably the CAP and trade policy, into line with its development policy;
2020/06/29
Committee: AGRI
Amendment 82 #

2020/2041(INI)

Draft opinion
Paragraph 5
5. Calls on the Africa-EU Partnership to focus its efforts in the area of agriculture on safeguarding African countries’ right to food security and on promoting small-scale agro-ecological farming with the emphasis on healthy food production and farmer well-being; demands that the EU's cooperation agreements shift the focus back to supporting sustainable development of agriculture and to making third-country farmers self-sufficient.
2020/06/29
Committee: AGRI
Amendment 1 #

2020/2028(INI)

Motion for a resolution
Citation -1 (new)
- having regard to the Treaty on the Functioning of the European Union, and in particular Article 114;
2020/10/12
Committee: IMCO
Amendment 2 #

2020/2028(INI)

Motion for a resolution
Citation 10 a (new)
- having regard to The European Green Deal (COM/2019/640 final);
2020/10/12
Committee: IMCO
Amendment 3 #

2020/2028(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas buildings account in Europe for almost 40% of energy consumption, 36% of CO2 emissions, 50% of raw materials consumption, 33% of waste generated and 33% (fresh) water used1a; __________________ 1a https://ec.europa.eu/transparency/regexpe rt/index.cfm?do=groupDetail.groupMeeti ngDoc&docid=35639
2020/10/12
Committee: IMCO
Amendment 4 #

2020/2028(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas half of the Earth’s raw materials are used for construction, that 40% of the final energy consumption is used during the service life of buildings, that the embodied carbon of construction products represents 10–20% of total embodied carbon in buildings in the EU1a; __________________ 1aAs in "Circular Economy in the Construction Sector" adopted by the Council (Competitiveness) at its meeting held on 28 November 2019: https://data.consilium.europa.eu/doc/docu ment/ST-14653-2019-INIT/en/pdf
2020/10/12
Committee: IMCO
Amendment 5 #

2020/2028(INI)

Motion for a resolution
Recital B
B. whereas the purpose of the Construction Products Regulation (CPR) is to remove technical barriers to trade in construction products in order to enhance their free movement in the internal market; while ensuring that products meet safety standards, no matter where they are manufactured in the EU;
2020/10/12
Committee: IMCO
Amendment 7 #

2020/2028(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas safe products are one key to reducing the accident rates, which are particularly high in the construction sector;
2020/10/12
Committee: IMCO
Amendment 9 #

2020/2028(INI)

Motion for a resolution
Recital C
C. whereas the slow adoption and non- citation of harmonised standards is problematic, as the adoption process is not keeping pace with developments in the sector, creating uncertainty for businesses and is harmful to consumers;
2020/10/12
Committee: IMCO
Amendment 10 #

2020/2028(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas the current gaps in the content of harmonised standards are an obstacle to Member States in meeting their responsibilities with regard to structural safety, health and other construction-related matters;
2020/10/12
Committee: IMCO
Amendment 12 #

2020/2028(INI)

Motion for a resolution
Recital D a (new)
Da. whereas safety aspects for products used by workers and consumers should be considered as a priority in the EU;
2020/10/12
Committee: IMCO
Amendment 13 #

2020/2028(INI)

Motion for a resolution
Recital D b (new)
Da. whereas Article 114 TFEU provides a legal basis to define essential product requirements, which includes safety aspects for products used by workers at work;
2020/10/12
Committee: IMCO
Amendment 16 #

2020/2028(INI)

Motion for a resolution
Paragraph 2
2. Points to the specificlimited nature of the CPR, which today differs from the general principles of the new legislative framework (NLF), chiefly because it does not directly harmonise any specific requirements or minimum safety levels for construction products, but instead defines only a common technical language for measuring the performance of construction products over their essential characteristicby means of harmonised European Standards over their essential characteristics laid down in Member States’ requirements;
2020/10/12
Committee: IMCO
Amendment 19 #

2020/2028(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Considers that the common technical language must be the same for all construction products;
2020/10/12
Committee: IMCO
Amendment 20 #

2020/2028(INI)

Motion for a resolution
Paragraph 3
3. Highlights that the current CPR ensures the free circulation of construction products within the Union, while Member States retain control of the rules on construction works; points out that building regulations set at Member State level are generally influenced by the performance of the construction products, which are integrated in the workle a lack of EU- level product performance and information requirements weakens the Single Market for construction products;
2020/10/12
Committee: IMCO
Amendment 23 #

2020/2028(INI)

Motion for a resolution
Paragraph 5
5. Points out that unlike other NLF legislation, the use of harmonised standards under the current CPR is mandatory, which requires an effective system of adoption tohas appeared to be ineffective in addressing the needs of industry, including keeping up with technological developments (e.g. low- carbon innovations) and ensureing legal clarity; ompliance with Member States’ requirements;
2020/10/12
Committee: IMCO
Amendment 31 #

2020/2028(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Is concerned that a significant number of standards do not fully cover all product requirements necessary for their use in construction works; stresses the urgent need to review standards which are incomplete in a way that all construction products can be used without further precautionary measures;
2020/10/12
Committee: IMCO
Amendment 41 #

2020/2028(INI)

Motion for a resolution
Paragraph 9
9. Believes that owing to the current mandatory nature of standards and the fact that they are considered part of Union legislation, the texts of issued harmonised standards should be available in all Union languages; highlights the need to ensure open-access, high-quality translation and involve national standardisation bodies in the translation process; calls on the Commission to further support and simplify the financial arrangements for the translation of harmonised standards;
2020/10/12
Committee: IMCO
Amendment 44 #

2020/2028(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Notes that harmonised standards required as part of EU law for compliance with the CPR are currently only accessible if purchased1a; __________________ 1aExample cement standard recipe: https://shop.bsigroup.com/ProductDetail? pid=000000000030391002
2020/10/12
Committee: IMCO
Amendment 50 #

2020/2028(INI)

Motion for a resolution
Paragraph 12 c (new)
12c. Underlines that a common technical language is key to promote a circular economy as it allows manufacturers to display their products’ performance in a common manner; further, considers that a greater focus should be put on standards that can help promoting a circular economy in Europe;
2020/10/12
Committee: IMCO
Amendment 57 #

2020/2028(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission to consider the possibility of including include within the CPR minimumessential product requirements aimed at ensuring health and safety andof workers during construction, maintenance and demolition of construction works, with minimum product requirements in the CPR supported by implementing technical requirements protecting the environment, consumers and other public interests, thereby following the approach of NLF legislation, which has proven to be effective in the case of the Ecodesign Directive and associated implementing acts;
2020/10/12
Committee: IMCO
Amendment 60 #

2020/2028(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Asks for the strict control of hazardous substances within construction products, and where presence of hazardous substances are within regulatory thresholds, that they are clearly indicated and that risks from exposure are well explained, prior to a relevant product being placed on the market;
2020/10/12
Committee: IMCO
Amendment 62 #

2020/2028(INI)

Motion for a resolution
Paragraph 15
15. 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 and enable market surveillance authorities to carry out their activities more effectively; calls on the Commission to evaluate the use of such technologies, building on the existing experiences such as the EPREL database and the ongoing SCiP database and developing solutions towards a smart integration of existing data that can be scattered in different information systems;
2020/10/12
Committee: IMCO
Amendment 63 #

2020/2028(INI)

Motion for a resolution
Paragraph 16
16. Believes that digital solutions such as a ‘Smart DoP’Product Passport’1a could be used to allow economic operators to quickly assess and compare requirements for construction works with the information provided in the DoP; __________________ 1aDoP relies upon continued use of the current system, product passport is more general and could be used under a different regulatory framework.
2020/10/12
Committee: IMCO
Amendment 69 #

2020/2028(INI)

Motion for a resolution
Paragraph 17
17. Is concerned by the fact that market surveillance for construction products is seen as insufficient and ineffective by the industry; emphasises that such a situation undermines the level playing field for economic operators who comply with the legislation, to the benefit of rogue traders, who do not; points out that weak and inconsistent market surveillance could lead to an increase of products that do not meet their declared performance, putting end- users at risk; notes in this regard that a product currently can have a correct Declaration of Performance while still posing risks to end-users;
2020/10/12
Committee: IMCO
Amendment 71 #

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 and to provide the necessary financial, human and technical resources to allow market surveillance authorities to perform their duties efficiently;
2020/10/12
Committee: IMCO
Amendment 75 #

2020/2028(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Commission to adopt implementing acts under Regulation (EU) 2019/1020 in order to determine 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 to lay down benchmarks and techniques for checks on harmonised products, including construction products, taking inspiration from the verification procedure as legally defined in ecodesign implementing measures, and the Ecodesign ADCO group collaboration among MSs to optimise surveillance activities and dedication of resources;
2020/10/12
Committee: IMCO
Amendment 77 #

2020/2028(INI)

Motion for a resolution
Paragraph 20
20. Considers it necessary for national market surveillance authorities responsible for construction products to cooperate closely with national building control authorities to ensure a nuanced approach in assessing the conformity of construction products used in construction works with the declared performance or intended use, as well as ensure their compliance with building regulations, thereby guaranteeing the safety and security of workers during the construction, maintenance, selective deconstruction, and the demolition of works where applicable, as well as end- users;
2020/10/12
Committee: IMCO
Amendment 83 #

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, that might not comply with the EU legislation and therefore could influence the quality and safety of constructions;
2020/10/12
Committee: IMCO
Amendment 90 #

2020/2028(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Stresses the need to move towards more environmentally sustainable materials that are more respectful of the planet, workers and consumers, which the revision of the CPR must reflect through legal requirements and implementing measures;
2020/10/12
Committee: IMCO
Amendment 91 #

2020/2028(INI)

Motion for a resolution
Paragraph 22 a (new)
22a. Calls on the Commission to assess how the CPR could support the placing on the market of certain used or used and remanufactured construction products in order to promote circularity of construction products;
2020/10/12
Committee: IMCO
Amendment 92 #

2020/2028(INI)

Motion for a resolution
Paragraph 22 b (new)
22a. Stresses the need to move towards renewable, local and naturally available materials (e.g. bio-based products and local construction & demolition waste) in the construction sector and encourages facilitated development of harmonised technical requirements to validate performance of these products;
2020/10/12
Committee: IMCO
Amendment 96 #

2020/2028(INI)

Motion for a resolution
Paragraph 24
24. Calls on the Commission to explore the relevance of incorporating certainintroduce requirements such as environmental sustainability criteria into the harmonised standards under the CPREU-level requirements under the CPR including as part of European Standards, so as to provide manufacturers with one single framework for the testing of products; recalls that environmental requirements in the CPR such as basic requirement No. 3 "Hygiene, health and environmental protection" has existed since 1989 and is still not implemented although it's preparatory work is quite extensive; recalls that basic requirement No. 7 "Sustainable use of natural resources" of the CPR since 2011 is not even mandated; stresses the importance of a proper assessment of the product categories to which such sustainability requirements would be relevant; highlights that such incorporation should not lead to an increase in the pricewill help create market conditions and scales of economy to control the costs of construction products;
2020/10/12
Committee: IMCO
Amendment 100 #

2020/2028(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Considers that environmental requirements must take into account products’ characteristics and clear environmental priorities; asks the Commission to consult all relevant stakeholders when determining such requirements in order to align them with sectors’ needs and EU’s environmental goals;
2020/10/12
Committee: IMCO
Amendment 105 #

2020/2028(INI)

Motion for a resolution
Paragraph 26
26. Calls on the Commission to clarify the relationship of the CPR to related internal market legislation, such as the Ecodesign Directive16 , the Energy Labelling Regulation17 , the Waste Framework Directive18 and the Drinking Water Directive19 , and, where necessary, to streamline the relevant provisions in order to ensure legal clarity for businesses; as well as to ensure mutual reinforcement of the different instruments; __________________ 16 OJ L 285, 31.10.2009, p. 10. 17 OJ L 198, 28.7.2017, p. 1. 18 OJ L 312, 22.11.2008, p. 3. 19 OJ L 330, 5.12.1998, p. 32.
2020/10/12
Committee: IMCO
Amendment 109 #

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 aAcquis will take significant time, while manufacturers, building companies, builder-owners, awarding authorities, planners, member states users and end- users need immediate solutions to overcome the legal uncertainty resulting from the lack of updated harmonised standards and, among others, regulatory gaps; calls on the Commission to address this issue as a matter of priority, including a targeted short-term legal amendment to cope with the urgent legal and technical challenges and at the same time to forcefully advance a fundamental revision of the CPR; calls on the Commission to address this issue prior to any revision of the CPR and in the review of the CPR aAcquis;.
2020/10/12
Committee: IMCO
Amendment 66 #

2020/0106(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) If left unaddressed, the COVID-19 negative economic effects may jeopardise efforts to achieve climate, energy and environmental targets in the Union. The Solvency Support Instrument should contribute to ensuring continuous progress towards the achievement of these targets.
2020/08/27
Committee: BUDGECON
Amendment 67 #

2020/0106(COD)

Proposal for a regulation
Recital 1 b (new)
(1b) In line with the Union's commitments to implement the Paris Agreement on Climate Change and the SDGs, the Solvency Support Instrument should contribute to mainstreaming climate actions and to the achievement of the target of 50 % climate mainstreaming target for the MFF 2021-2027, and therefore at least 50% of EFSI financing under the solvency support window support project components should contribute to climate action in line with reaching climate neutrality by 2040 at the latest.
2020/08/27
Committee: BUDGECON
Amendment 78 #

2020/0106(COD)

Proposal for a regulation
Recital 3
(3) In order to counter the severe economic consequences of the Covid-19 pandemic in the Union, companies and in particular SMEs that have encountered difficulties because of the economic crisis caused by the pandemic and that cannot obtain sufficient support through market financing, or measures undertaken by Member States, should be provided with a facility for solvency support as a matter of urgency under a Solvency Support Instrument which should be added as a third window under the EFSI.
2020/08/27
Committee: BUDGECON
Amendment 87 #

2020/0106(COD)

Proposal for a regulation
Recital 4
(4) Companies supported under the Solvency Support Instrument the majority of which should be SMEs should be established and operating in the Union, meaning that they should have their registered office in a Member State and should be active in the Union in the sense that they have substantial activities in terms of staff, manufacturing, research and development or other business activities in the Union. They should not be part of a group having subsidiaries without real economic activity in a country included in the EU list for non-cooperative jurisdictions and should maintain substantial activities in the Union for the duration of the support. They should also suspend dividends distribution, bonuses payments and buy-back of shares for at least two years after benefiting from the scheme. They should pursue activities in support of objectives covered by this Regulation. They should have a viable business model with a leverage below five times their capital and not have been in difficulty in terms of the State aid framework7 already at end 2019 nor should they have been involved or engaged in money laundering, terrorism financing, tax avoidance, tax fraud or tax evasion. Support should be targeted at eligible companies operating in those Member States and sectors which are most impacted by the Covid-19 crisis as well as surging unemployment rates and/or where the availability of State solvency support is more limited. _________________ 7 As defined in Article 2(18) of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p.1)Support should only be provided to companies up to the expected amount of accounting losses related to the COVID-19 crisis.
2020/08/27
Committee: BUDGECON
Amendment 114 #

2020/0106(COD)

Proposal for a regulation
Recital 8
(8) The delivery modes of the support should be flexible in view of the need of differing solutions in different Member States. They should include, inter alia, EIB Group financing, or guarantee or investment in existing independently managed funds or in special purpose vehicles set up by the EIB group or by National promotional banks and institutions (NPBIs) that in turn invest in eligible companies. Furthermore, the support could be channelled via newly established independently managed funds, including via first-time teams, or via special purpose vehicles especially set up either at European or regional or national level by the EIB group or NPBIs with a view to benefiting from the EU guarantee in order to invest in eligible companies. The EU guarantee could also be used to guarantee or finance any direct intervention by a national promotional bank or institution in line with State aid rules together with private investors in support of eligible companies. Undue distortion of competition in the internal market should be avoided. Within one year after the entry into operation of the Solvency Support Instrument and during the three subsequent years, the Commission should evaluate the effectiveness and appropriateness of this Instrument in achieving its main objectives including its impact on the achievement of the Union's climate objectives.
2020/08/27
Committee: BUDGECON
Amendment 124 #

2020/0106(COD)

Proposal for a regulation
Recital 10
(10) The financing and investment operations should be aligned with current policy priorities of the Union such as the European Green Dealin particular its climate objectives for 2030 and 2050, the Pillar of Social Rights and the Sustainable Development Goals as well as the European Green Deal, the New Industrial Strategy for Europe, an SME Strategy for a sustainable and digital Europe and the Strategy on shaping Europe’s digital future. Support to cross- border activities should also be targeted.
2020/08/27
Committee: BUDGECON
Amendment 131 #

2020/0106(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) Large companies benefitting from the SSI should be obliged to adopt binding transition plans, elaborating how they align their economic activities to the Union's climate and environmental objectives. These transition plans should include appropriate governance around sustainability risk and ensure that all future capital expenditure is used for sustainable economic activities in accordance with the EU Framework to facilitate sustainable investment. They should foresee the phase-out of activities causing significant harm to any environmental objective and the transformation of such activities into neutral or low impact activities within a pre-defined timeframe. The plans should also include quality job conservation measures, gender equality and Corporate Social Responsibility targets. SMEs should be subject to simplified and proportionate obligations.
2020/08/27
Committee: BUDGECON
Amendment 133 #

2020/0106(COD)

Proposal for a regulation
Recital 10 b (new)
(10b) Companies benefiting from the SSI should commit to and implement equal pay between women and men for work of equal value and should include in their transition plans actions to prioritise when necessary and to the extent possible, early retirement, short-term work or equivalent measures rather than lay-offs and further flexibilisation and precariousness of jobs. Companies benefiting from the SSI should also commit to the training and relevant retraining of workers towards a green and digital transition.
2020/08/27
Committee: BUDGECON
Amendment 156 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) 2015/1017
Article 3 – paragraph 1 – point c
(c) the solvency of companies established in a Member State and operating in the Union, with a particular focus on SMEs that shall represent at least 50% of the support provided.
2020/08/27
Committee: BUDGECON
Amendment 159 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2015/1017
Article 4 – paragraph 2 – point a – point iv
(iv) the pricing of operations under the EU guarantee which is to be in line with the EIB’s pricing policy; for the solvency support window, other arrangements may be agreed;
2020/08/27
Committee: BUDGECON
Amendment 160 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2015/1017
Article 4 – paragraph 2 – point a – point v
(3a) In Article 4, point (v) of point (a) of paragraph 2 is amended as follows: "(v) the procedures to contribute, without prejudice to Protocol No 5 on the Statute of the European Investment Bank annexed to the TEU and to the TFEU and the EIB prerogatives set out therein, to a reduction of the financing cost of the operation borne by the beneficiary of the EIB financing under EFSI, in particular by modulating the remuneration of the EU guarantee, where necessary in particular in situations where stressed financial market conditions would prevent the realisation of a viable project or where necessary to facilitate the establishment of investment platforms or the funding of companies and projects in sectors or areas experiencing a significant market failure or suboptimal investment situation, to the extent it does not significantly impact the necessary financing of the provisioning of the Guarantee Fund; " Or. en (02015R1017)
2020/08/27
Committee: BUDGECON
Amendment 162 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2015/1017
Article 5 – paragraph 1 – subparagraph 3 – indent 3
– support to funds, special purpose vehicles, investment platforms or other arrangements set up by the EIB group or by NPBIs under the solvency support window.
2020/08/27
Committee: BUDGECON
Amendment 165 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2015/1017
Article 6 – paragraph 1 – point a – subparagraph 1 a (new)
However, support under the solvency support window shall only be granted if it is to the benefit of companies that were not in difficulty in State aid terms8 already at the end of 2019 but since then face significant solvency risks due to the crisis caused by the Covid-19 pandemic subject to the condition that their leverage levels do not exceed five times their capital levels; Moreover, support under the solvency support window shall only be granted to companies: - that adopt plans according to the guidance referred to in Section 6 point d of Annex II; - that comply with the minimum safeguards referred to in Article 18 of Regulation (EU) 2020/852; - that have not been involved in or are currently investigated or prosecuted for money laundering, terrorism financing, tax avoidance tax fraud or tax evasion; companies with a consolidated turnover exceeding EUR 750 000 000 shall draw up and make publicly available free of charge a report with the information referred to in paragraph 1 of Article 89 of Directive 2013/36/EU; - that are not part of a group having subsidiaries without real economic activity in a country included in the EU list for non-cooperative jurisdictions; - that are not paying out dividends and reserves, bonuses or buying back shares for at least the next 2 years after benefiting from the support under the SSI; _________________ 8As defined in Article 2(18) of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p. 1).
2020/08/27
Committee: BUDGECON
Amendment 169 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2015/1017
Article 6 – paragraph 1 – point a – subparagraph 1 b (new)
(5a) In point (a) of Article 6(1), the following subparagraph is added: "The Commission shall develop a separate scoreboard specific to the solvency support window, in order to provide an evaluation framework for the funds, special purpose vehicles, investment platforms or other arrangements set up by the EIB group or by NPBIs under the solvency support to rate potential beneficiary companies under the solvency support window for the purpose of Article 7 paragraph 12 of this regulation. Only companies reaching a minimum score on aggregate and for each specific section shall be eligible for support under the SSI. Such scoreboard shall in particular provide a framework to assess the plans referred to in Section 6 point d of Annex II in addition to standard financial ratios and indicators used to assess the commercial viability and prospects of the company. The scoreboard, which is a tool for the Investment Committee to prioritise the use of the EU guarantee for operations, including the support provided by solvency window to specific undertakings, that display higher scores and added value, shall be publicly available after the signature of a project. The publication shall not contain commercially sensitive information. The funds, special purpose vehicles, investment platforms or other arrangements set up by the EIB group or by NPBIs under the solvency support window shall as a general rule provide quasi-equity instruments to companies that perform a medium or low score above the minimum threshold as regards indicators used to assess the financial viability and prospects of the company. The support is provided to companies subject to an obligation to publish non- financial information pursuant to Article 19a or Article 29a of Directive 2013/34/EU at prices and on terms that do not confer an advantage to the company and in the form of ordinary equity."
2020/08/27
Committee: BUDGECON
Amendment 171 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2015/1017
Article 6 – paragraph 3
3. Notwithstanding paragraph 2, the sub-operations by the financial intermediaries may be limited to a minimum size in financing and investment operations under the solvency support windowSupport shall only be provided to companies up to the expected amount of accounting losses related to the COVID- 19 crisis.
2020/08/27
Committee: BUDGECON
Amendment 178 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 d (new)
Regulation (EU) 2015/1017
Article 7 – paragraph 14
(7d) In Article 7(14), the first subparagraph is amended as follows: "14. The Commission shall be empowered to adopt delegated acts in accordance with Article 23(1) to (3) and (5) to supplement this Regulation by establishing a scoreboard of indicators to be used by the Investment Committee to ensure an independent and transparent assessment of the potential and actual use of the EU guarantee and to specify further the scoreboard referred to in paragraph 1a of Article 6. Such delegated acts shall be prepared in close dialogue with the EIB. " Or. en (02015R1017)
2020/08/27
Committee: BUDGECON
Amendment 181 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2015/1017
Article 8 – paragraph 3
Notwithstanding the first paragraph, only companies established in a Member State and operating in the Union subject to the conditions of Article 6 can be supported by the financing and investment operations under the solvency support window.
2020/08/27
Committee: BUDGECON
Amendment 184 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10
Regulation (EU) 2015/1017
Article 9 – paragraph 2 – subparagraph 3 – introductory part
The operations concerned shall be consistent with Union policies, includingobjectives and commitments, in particular the Union's climate objectives laid down in [Regulation (EU) 2020/XXX establishing the framework for achieving climate neutrality ("European Climate Law")] including the EU Pillar of Social Rights, the European Green Deal9 and the Strategy on shaping Europe’s digital future10 , as well as supporting an inclusive and symmetric recovery in the aftermath of the COVID-19 pandemic, and support any of the following general objectives: _________________ 9 COM(2019)640 final. 10 COM(2020)67 final.
2020/08/27
Committee: BUDGECON
Amendment 192 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – point a
(a) target that at least 480 % of EFSI financing under the infrastructure and innovation window support project components that contribute to climate action, in line with the commitments made at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21). EFSI financing for SMEs and small mid- cap companies shall not be included in that computation. The EIB shall use its internationally agreed methodology to identify those climate action project components or cost shares;
2020/08/27
Committee: BUDGECON
Amendment 195 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – point b
(b) ensure that the majority of EFSI financing under the solvency support window is utilised to support eligible companies, in particular SMEs in Member States and sectors economically most hit by the Covid-19 pandemic;
2020/08/27
Committee: BUDGECON
Amendment 196 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – point b a (new)
(12a) In Article 9, paragraph 2a, a new point (ba) is added: (ba) ensure that at least 50% of the financing under the solvency support window is spent to support activities that qualify as environmentally sustainable pursuant to the Taxonomy Regulation.
2020/08/27
Committee: BUDGECON
Amendment 199 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – point c
(c) ensure that the majority of EFSI financing under the solvency support window is utilised to support eligible companies, in particular SMEs in Member States where the availability of State solvency support is more limited.
2020/08/27
Committee: BUDGECON
Amendment 201 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12 b (new)
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – point c a (new)
(12b) In Article 9, paragraph 2a, a new point ca is added: (ca) ensure that technical assistance is provided to Members State and companies, in particular SMEs, to facilitate the widespread distribution and absorption of funding from the Solvency Support Instrument, by using existing instruments under EFSI such as The European Investment Advisory Hub (EIAH);
2020/08/27
Committee: BUDGECON
Amendment 205 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12 c (new)
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – point c b (new)
(12c) In Article 9, paragraph 2a, a new point cb is added: (cb) ensure that EFSI financing under the solvency support window is utilised to support eligible companies aiming to contribute to climate and energy targets in Member States which have committed to and are implementing the climate neutrality objective by 2040 at the latest
2020/08/27
Committee: BUDGECON
Amendment 206 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2015/1017
Article 9 – paragraph 2 a – subparagraph 2
The Steering Board shall, where necessary, provide detailed guidance concerning points (a) to (c). Financing and investment operations that are inconsistent with the achievement of the Union's climate objectives shall not be eligible for support under this Regulation.
2020/08/27
Committee: BUDGECON
Amendment 210 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EU) 2015/1017
Article 10 – paragraph 2 – point b
(b) EIB funding or guarantees to the EIF enabling it to undertake loans, guarantees, counter-guarantees, any other form of credit enhancement instrument, capital market instruments and equity or quasi-equity participations, including in favour of national promotional banks or institutions, investment platforms, or funds or special purpose vehicles set up by the EIB group or by NPBIs;
2020/08/27
Committee: BUDGECON
Amendment 211 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EU) 2015/1017
Article 10 – paragraph 2 – point c
(c) EIB guarantees to national promotional banks or institutions, investments platforms, or funds or special purpose vehicles set up by the EIB group or by NPBIs under a counter-guarantee of the EU guarantee.
2020/08/27
Committee: BUDGECON
Amendment 212 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 17
Regulation (EU) 2015/1017
Article 10 – paragraph 4
Under the solvency support window, the EIF may grant a guarantee to funds and special purpose vehicles set up by the EIB group or by NPBIs.
2020/08/27
Committee: BUDGECON
Amendment 217 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 26 Regulation (EU) 2015/1017
An amount of up to EUR 100 000 000 shall be made available for covering costs, advisory services and technical and administrative assistance to set-up and manage funds, special purpose vehicles, investment platforms and other vehicles set up by the EIB group or by NPBIs for the purposes of the solvency support window including for support referred to in point (i) of Article 14(2) and having a special focus on Member States with less developed equity markets. The technical assistance shall also be available tofocus on supporting the green and digital transformation of companies financed under this window.
2020/08/27
Committee: BUDGECON
Amendment 219 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EU) 2015/1017
Article 16 – paragraph 2 – subparagraph 2 (new)
Operations under the solvency support window shall be reported on separately, as appropriate and as set out in the guarantee agreement. This reporting shall in particular contain a detailed assessment of the contribution to the green and digital transition of the companies benefiting under the scheme as appropriate on the basis of the transition plans established by the supported companies. Companies financed shall be subject to climate, environmental and social sustainability proofing and tracking with a view to minimise adverse impacts and maximise benefits for the Union's environmental and social objectives. For that purpose, entities requesting financing shall provide adequate information based on guidance to be developed by the Commission. This information shall include the proportion of financing in environmentally sustainable economic activities in accordance with Article 3 of Regulation (EU)2020/852 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU)2019/2088 and shall specify the content of the plans referred to Section 6 point d of Annex II. Simplified and proportionate provisions shall be provided for companies not subject to an obligation to publish non-financial information pursuant to Article 19a or Article 29a of Directive 2013/34/EU.
2020/08/27
Committee: BUDGECON
Amendment 225 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 27 a (new)
Regulation (EU) 2015/1017
Article 16 – paragraph 2 a (new)
(27a) In Article 16 the following paragraph is inserted: ‘2 a. The Commission shall be empowered to adopt delegated acts in accordance with Article 23(1) to (3) and (5) to supplement this Regulation by establishing the reporting requirements provided in paragraph 2.’
2020/08/27
Committee: BUDGECON
Amendment 233 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 2 – point a
Regulation (EU) 2015/1017
Annex II – Section 2 – point b – paragraph 1
(b) The EU guarantee shall be granted to support, directly or indirectly, the financing of new operations. In the infrastructure field, greenfield investments (asset creation) should be encouraged. Brownfield investments (extension and modernisation of existing assets) may also be supported. Under the Solvency Support Window, financing shall aim at improvinge the equity base of companies and their solvency with a particular focus on SMEs. The terms of the financing should avoid distorting competition between companies. As a rule, the EU guarantee shall not be granted for supporting refinancing operations (such as replacing existing loan agreements or other forms of financial support for projects which have already partially or fully materialised), except under the Solvency Support Window or in exceptional and well-justified circumstances where it is demonstrated that such a transaction will enable a new investment of an amount at least equivalent to the amount of the transaction and that would fulfil the eligibility criteria and general objectives laid down in Article 6 and Article 9(2) respectively.
2020/08/27
Committee: BUDGECON
Amendment 234 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 2 – point b
Regulation (EU) 2015/1017
Annex II – paragraph 2 – point c
(c) The EU guarantee shall support a wide range of products to allow the EFSI to adapt to market needs while encouraging private investment in projects, without crowding out private market finance. In this context, it is expected that the EIB will provide financing under the EFSI with a view to reach an overall target of at least EUR 500 000 000 000 of public or private investment under the Infrastructure and Innovation Window and under the SME Window together, which includes financing mobilised through the EIF under EFSI operations relating to the instruments referred to in Article 10(2)(b), national promotional banks or institutions and through increased access to financing for entities having up to 3 000 employees. The eligible products shall include inter alia 11 loans, guarantees/counter-guarantees, mezzanine and subordinated finance, capital market instruments including credit enhancement, and equity or quasi-equity participations, including through national promotional banks or institutions, investment platforms, funds or special purpose vehicles set up by the EIB group or by NPBIs. In this context, in order to allow a broad range of investors to invest in EFSI projects, the EIB shall be allowed to structure appropriate portfolios. Under the Solvency Support Window the eligible products shall consist of those that result in providing investments, intermediated equity or quasi- equity to companies and projects, but excluding entities targeting buy-out (or replacement capital) intended for asset stripping. It is expected that EIB and EIF will provide financing with a view to reach a target of up to EUR 300 000 000 000 of investment under the Solvency Support Window. _________________ 11This is a non-exclusive indication of products that may be offered via the EFSI.
2020/08/27
Committee: BUDGECON
Amendment 235 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 2 – point c
Regulation (EU) 2015/1017
Annex II – Section 6 – point d
(d) National promotional banks or institutions, investment platforms, funds and special purpose vehicles set up by the EIB group or by NPBIs shall be eligible for coverage by the EIB guarantee under the counter-guarantee of the EU guarantee in accordance with Article 10(2)(c).
2020/08/27
Committee: BUDGECON
Amendment 236 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 3
Regulation (EU) 2015/1017
Annex II – Section 6 – point d – indent 1
– The EU guarantee may be used to support EIB or EIF financing, or guarantees to, or investments in funds, special purpose vehicles or other investment platforms, including through set up by the EIB group or by national promotional banks or institutions or other relevant arrangements, that provide equity and equity-type investments into companies.
2020/08/27
Committee: BUDGECON
Amendment 237 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 3
Regulation (EU) 2015/1017
Annex II – Section 6 – point d – indent 2
Funds, special purpose vehicles or investment platforms that target companies engaging in cross-border activities within the Union and/or companies which have high potential for or are in the midst of a green or digital transformation shall be particularly targeted under the Solvency Support Window.
2020/08/27
Committee: BUDGECON
Amendment 239 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 3
Regulation (EU) 2015/1017
Annex II – Section 6 – point d – indent 3
– The funds, special purpose vehicles or investment platforms shall provide financing on commercial terms except for SMEs or on terms consistent with the State aid Temporary Framework12 , while paying due regard to the European nature of the Solvency Support Instrument and to the funds’ and other vehicles’ independent management. _________________ 12Communication from the Commission: Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (C(2020)1863), as amended by C(2020) 3156 final.
2020/08/27
Committee: BUDGECON
Amendment 240 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 3
Regulation (EU) 2015/1017
Annex II – Section 6 – point d – indent 5
– Companies targeted by funds, special purpose vehicles or investment platforms shall be encouraged to comply, to the extent possible, with minimum high- level social and environmental safeguards in line with guidance provided by the Steering Board based on Article 17 and Article 18 of Regulation 2020/852. Such guidance should include adequate provisions for avoiding undue administrative burdens, taking into account the size of companies and including lighter provisions for SMEs. Companies with a certain level of exposure to a pre-defined list of environmentally harmful activities, in particular the sectors covered by the EU Emissions Trading System (EU ETS), shall be encouraged to put in place, in the future, green transition plans. Companies shall also be encouraged to advance in their digital transformation. Technical assistancesubject to an obligation to publish non-financial information pursuant to Article 19a or Article 29a of Directive 2013/34/EU, shall put in place green and just transition plans. Companies shall also be encouraged to advance in their digital transformation. Technical assistance shall be available to assist companies for the purpose of these transitions. Transition plans shall, as a minimum, ensure that: - economic activities of the company are aligned with the Union's climate objectives laid down in [Regulation (EU) 2020/XXX establishing the framework for achieving climate neutrality ("European Climate Law")]; - where relevant, economic activities of the company are aligned with the environmental objectives (b) to (f) in Article 9 of Regulation 2020/852; - appropriate governance is established to assess and minimise sustainability risks; - all future capital expenditure is used for assets or processes associated with economic activities that qualify as environmentally sustainable under Article 3 and 9 of Regulation 2020/852; - foresee the phase-out of activities causing significant harm to any environmental objective in accordance with Article 17 of Regulation 2020/852 and the transformation of such activities into neutral or low impact activities within a pre-defined timeframe. - quality employment targets and gender equality related targets including equal pay objectives are set. Transition plans shall contain intermediate targets and be updated on a yearly basis and provide an ex-post assessment on whether the intermediate targets are met. Companies not subject to an obligation to publish non-financial information pursuant to Article 19a or Article 29a of Directive 2013/34/EU shall put in place transition plans explaining whether and to what extent their economic activities support the environmental objectives referred to in Article 3 of Regulation 2020/852. The plans may include, as appropriate, targets on the proportion of their capital expenditure and the proportion of their operating expenditure related to assets or processes associated with economic activities that qualify as environmentally sustainable under Article 3 and 9 of the Taxonomy Regulation. The plans may also include quality job targets and employment conservation measures as well as gender equality related targets including equal pay objectives. The plans may contain intermediate targets and be updated every two years and provide an ex-post assessment on whether the intermediate targets are met. Simplified templates and guidance as well as financial and technical assistance for drafting the plans shall be made available to assistthe companies for the purpose of these transitions. referred to in this paragraph upon request. The plans and the updates shall be provided to the EIB or the relevant NPBI for the purposes of the reporting, accounting and evaluation requirements pursuant to Chapter VI of this Regulation.
2020/08/27
Committee: BUDGECON
Amendment 252 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 4
Regulation (EU) 2015/1017
Annex II – Section 8 – point b – paragraph 2
The Steering Board shall set specific diversification and concentration limits under the Solvency Support Window to ensure that the respective requirements of Article 9(2a)(b) and (c) are fulfilled, whilst avoiding excessive concentration in a limited number of Member States. The Steering Board shall regularly take stock of the economic impact of the Covid-19 pandemic on Member States and sectors. For that purpose, it shall monitor indicators such as the population, the inverse of GDP per capita and the deviation of Member States unemployment rate from the EU average during the period going from 2015 to 2019. On this basis, the Steering Board may decide to modify these limits, after consulting the Investment Committee.
2020/08/27
Committee: BUDGECON
Amendment 254 #

2020/0106(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point 4
Regulation (EU) No 2015/1017
Annex II – Section 8 – point b – paragraph 4 new
The Steering Board shall report at regular intervals at least once a year to the European Parliament and the Council on the beneficiaries of this instrument and on the intermediaries’ activities, to ensure complete, correct and timely transparency of the programme.
2020/08/27
Committee: BUDGECON
Amendment 44 #

2012/0060(COD)

Proposal for a regulation
Recital 1
(1) In accordance with Article 21 of the Treaty on European Union, the Union is to define and pursue common policies and actions, and improve cooperation in all fields in international relations in order, inter alia, to encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade, to ensure sustainable development and to foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty.
2021/09/10
Committee: IMCO
Amendment 57 #

2012/0060(COD)

Proposal for a regulation
Recital 12
(12) The objectives of improvingaddressing serious and recurrent impairment to the access of Union economic operators to the public procurement and concessions markets of certain third countries protected by restrictive and discriminatory procurement measures or practices and of preserving equal conditions of competitionand of preserving equal conditions of competition, also with respect for environmental, social and labour standards, within the internal market require to refer to the non- preferential rules of origin established in the EU customs legislation, so that contracting authorities and contracting entities know whether goods and services are covered by the international commitments of the Union.
2021/09/10
Committee: IMCO
Amendment 61 #

2012/0060(COD)

Proposal for a regulation
Recital 17
(17) When assessing whether restrictive and/or discriminatory procurement measures or practices exist in a third country, the Commission should examine to what degree laws on public procurement and concessions of the country concerned ensure transparency in line with international standards in the field of public procurement and preclude any discrimination against Union goods, services and economic operators. In addition, it should examine to what degree individual contracting authorities or contracting entities maintain or adopt discriminatory practices against Union goods, services and economic operators. In doing so, the Commission should assess and seek information from the country concerned regarding the extent to which such practices may be legitimate in accordance with the country’s public policy objectives and development goals.
2021/09/10
Committee: IMCO
Amendment 65 #

2012/0060(COD)

Proposal for a regulation
Recital 18 a (new)
(18a) Third country economic operators are not always bound by the equivalent environmental, social or labour standards as those applicable to EU economic operators creating an uneven level- playing field in the Union’s public procurement market. Directives 2014/23/EU, 2014/24/EU and 2014/25/EU foresee a certain number of provisions for Member States and contracting authorities to ensure compliance with obligations in the fields of environmental, social and labour law at both national and Union level, as well as with obligations stemming from international conventions that may result in the exclusion of certain bidders. However, the application of those rules might prove insufficient to address possible distortions. The instruments foreseen under this Regulation should therefore aim at fostering the application of EU public procurement rules in this area;.
2021/09/10
Committee: IMCO