3617 Amendments of Heidi HAUTALA
Amendment 6 #
2023/2132(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the setting up of a streaming system for hearings of the Court of Justice which serves to strengthen the CJEU’s ‘Citizen Court’ dimension through increased accessibility for the general public;As the Court of Justice is increasingly required to rule on matters of a constitutional nature and related to human rights and the Charter of Fundamental rights, transparency and openness of the EU judicial process should be strengthened; to this regard, welcomes the setting up of a streaming system for hearings of the Court of Justice which serves to strengthen the CJEU’s ‘Citizen Court’ dimension through increased accessibility for the general public; moreover, as transparency increases accountability and builds trust in the EU and in EU Law, and in line with the principle of open decision- making, the Court of Justice should consider allowing access to judicial documents and case files upon request, while observing rights guaranteed by primary law and the Charter of Fundamental Rights, such as the protection of personal data, the right to private and family right and communications and the protection of professional secrecy.
Amendment 12 #
2023/2132(DEC)
Draft opinion
Paragraph 11
Paragraph 11
11. Welcomes the fact that the proportion of women in managerial posts remains at a high level (40% in 2022 as in 2021), confirming the global upward trend recorded since 2018 (41% in 2020, 39% in 2019 and 37.5% in 2018); notes, however, the still existing imbalanced situation in terms of women’s representation among the judges of both the Court of Justice and the General Court; exhorts, once again, the Members of the Council to address this situation by actively promoting gender parity in the appointment of judges, in line with the principles enshrined in Article 8 TFEU and Article 23 of the Charter of Fundamental Rights of the EU, and with the commitments taken under Regulations 2015/2422 and 2019/629.
Amendment 5 #
2023/2108(INI)
Motion for a resolution
Recital A
Recital A
A. whereas corporations are major players in economic globalisation, financial services and international trade, and are required to comply with all applicable laws and international treaties and to respect human rights; whereas business enterprises may cause, contribute or be directly linked to adverse impacts on human rights and the environment, such as modern slavery, labour exploitation, poverty wages and anti-union violations, including violations or abuses that affect the rights of vulnerable groups, as well as adverse impacts on the environment , including pollution, climate change, environmental degradation and biodiversity loss ; whereas corporations may also have an important role to play in promoting human rights, environmental standards and corporate responsibility;
Amendment 8 #
2023/2108(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas there is an asymmetry between the rights of business enterprises, particularly in investment protection treaties, where investors are granted broad rights that are not necessarily matched by binding and enforceable obligations in terms of compliance with human rights, labour and environmental law;
Amendment 11 #
2023/2108(INI)
Motion for a resolution
Recital B
Recital B
B. whereas victims of corporate abuse face multiple and overlapping obstacles to accessing remedies, including judicial remedies and guarantees of non- repetition; whereas impunity for human rights abuses by transnational corporationbusiness enterprises remains largely unaddressed in the absence of a robust and comprehensive regulatory framework and alignment at global and regional level;
Amendment 19 #
2023/2108(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, in recent years, the EU has initiated a number of legislative initiatives aimed at regulating business activities on human rights and environmental and climate-related obligations notably through the proposal of an EU Corporate Sustainability Due Diligence Directive, the Regulation banning products made with Forced Labour, as well as numerous sectoral initiatives including the Regulation on Deforestation Free Products, the Conflict Minerals Regulation and the Critical Raw Material Acts;
Amendment 23 #
2023/2108(INI)
Motion for a resolution
Recital I
Recital I
I. whereas severala number of EU Member States such as France, Germany and the Netherlands have recently adopted or proposed mandatory due diligence legislation, while a number of other Member States are considering following suit;
Amendment 24 #
2023/2108(INI)
Motion for a resolution
Recital J
Recital J
J. whereas regulatory initiatives, including legislation, on business and human rights have been adopted, or are under discussion, in non-EU countries; such as Australia, Brazil, Canada, Ghana, Japan, Mexico, New Zealand, Norway, South Africa, Switzerland and the USA; whereas numerous other countries have developed a National Action Plan on Business and Human Rights;
Amendment 25 #
2023/2108(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas the draft LBI contains a Regional Integration Organisation clause to accommodate the respective role of the EU and its Member States;
Amendment 26 #
2023/2108(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
J b. whereas there is substantial and growing interest in, mobilisation around and expectations from the UN-level discussions on the LBI among affected communities, indigenous peoples, trade unions, members of civil society, scholars and experts globally;
Amendment 32 #
2023/2108(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Strongly supports the full implementation, within and outside the EU, of the international standards on responsible business conduct to complement and strengthen the implementation of the UNGPs, which are so far the only global framework that elaborates on a corporate responsibility for preventing and addressing the risk of adverse impacts on human rights linked to business activity; regrets however that the UNGPs are not embodied in enforceable instruments; recalls that the limited implementation of UNGPs has been widely attributed to their non- binding character;
Amendment 36 #
2023/2108(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that multilaterally- negotiated rules enjoy greater legitimacy within the international community, while national and regional corporate due diligence regulations may result in diplomatic tensions and conflicting expectations for companies alike;
Amendment 38 #
2023/2108(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the importance of closing the legal and regulatory loopholes which are being exploited by transnational corporations andbusiness enterprises, including investors at the cost of human rights and the environment;
Amendment 62 #
2023/2108(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States, in the meantime, to coordinate their positions ahead of the negotiations, so as to defend a strong, common and clear EU position presenting in a constructive manner the legislative initiatives aiming to regulate business activities in relation to human rights and climate-related obligations, while showing appreciation for the progress made to date; expects the European External Action Service and the Commission, in particular the EU Delegation to the UN in Geneva, to play a proactive and constructive role in this process;
Amendment 64 #
2023/2108(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission, the European External Action Service and the Member States to engage proactively with all partner states and prioritise the topic in their dialogues with non-EU countries and regional organisations, notably in the framework of the EU’s structured human rights dialogues; encourages the EU to reach out in particular to key partners who are currently developing their own framework on business and human rights at national level, such as Brazil and Japan, or at regional level, such as the African Commission on Human and Peoples’ Rights and the Inter-American Commission on Human Rights;
Amendment 71 #
2023/2108(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Supports a broad scope for the LBI, which aims to cover all business enterprises, including transnational business activities and state-owned enterprises; considers that allowing states parties the flexibility to differentiate, under their domestic legislation, how business enterprises discharge the prevention obligations under the LBI, commensurate with their size, sector, ownership, operational context or the severity of impacts on human rights, would provide important leeway for national adaptation and would be consistent with the universal scope of the UNGPs;
Amendment 75 #
2023/2108(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Believes that business activities should be understood to include both actions and omissions and supports a broad definition of business relationships in line with the UNGPs;
Amendment 76 #
2023/2108(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Regrets the fact that several references, including liability, to the environment and climate change were removed from the scope of the LBI in the latest draft; considers that the EU and the Member States should strive for the environmental and climate impact of business activities to be included within the scope of the LBI, and reflect the growing realisation of the human rights impact of climate change and environmental degradation and the impact of business activities in this area;
Amendment 82 #
2023/2108(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that the LBI should provide for an ambitious, comprehensive, responsive and compulsory framework for the prevention of human rights abuses by corporations, notably by setting the obligation for States Parties to adopt appropriate and effective legislative, regulatory and other measures to prevent corporate abuse and to ensure the practice of human rights and environmental due diligence by all business enterprises; notes, in this regard, that allowing states parties the flexibility to adapt their preventive frameworks to their own legal systems would be a key factor in securing broad adherence to the LBI;
Amendment 84 #
2023/2108(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for the EU and the Member States to ensure, in line with the provisions under the UNGPs, that the LBI prevention framework obliges corporate actors to pay particular attention to their activities in relation toand conduct heightened due diligence when operating in conflict-affected areas or territories under occupation or annexation, where the risk of gross human rights violations is heightened, including by adding references to international humanitarian law, international criminal law and customary international law in the scope of the LBI; believes that the LBI should also address aspects related to corporate activities in disaster-affected or in relation to climate-vulnerable communities, which are becoming ever more relevant in the context of the climate crisis;
Amendment 92 #
2023/2108(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the importance for the EU and the Member States to ensure that the LBI includes the duty to protect the safety of human rights defenders, defenders of the environment, journalists, workers and indigenous peoples and other marginalised groups, and to mainstream consideration for these groups throughout the instrument; insists, in particular, on the importance of enshrining the principle of free, prior and informed consent of indigenous peoples therein;
Amendment 94 #
2023/2108(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Emphasises the need to ensure that states implement robust and effective, yet practical enforcement and compliance monitoring mechanisms; insists, furthermore, on the need for regular and in- depth reporting to be required from corporations and states parties; notes the potential role of processes adopted to develop National Action Plans on business and human rights in this regard;
Amendment 99 #
2023/2108(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Highlights the need for the LBI provisions on the rights of victims and rights-holders to spell out the means of ensuring the right to fair, adequate, prompt, non-discriminatory, appropriate and gender-sensitive access to justice, individual or collective reparations and effective remedy regarding human rights abuses caused or contributed to by companies; notes that this should include the right for collective redress, access to legal aid, the right to be heard in all stages of proceedings, access to information held by business enterprises and the protection from reprisals and re- victimisation; considers that the mechanisms to alleviate the evidentiary burden on victims should be provided for in the draft in order to facilitate the victims' right to access to remedy; considers also that States Parties should allow for the adoption of interim or precautionary measures in urgent cases;
Amendment 100 #
2023/2108(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Insists that the LBI should include the duty for states parties to develop a comprehensive and adequate system of legal liability that is responsive to the needs of victims, as regards remedy, and commensurate to the gravity of the abuse; insists that the LBI should establish conditions in which the liability of companies can be duly established for harms for which they are responsible, including in their value chains;
Amendment 102 #
2023/2108(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Insists that the LBI should address the practical and procedural obstacles faced by victims of corporate abuse when seeking justice, including a broad jurisdiction regime allowing courts to assert jurisdiction in a diversity of situations, a prohibition on the use of forum non conveniens and provisions on connected claims and forum necessitatis; articles guaranteeing that statutes of limitations are adequate and not unduly restrictive; as well as provisions providing for the choice of applicable law for victims in transnational legal cases;
Amendment 106 #
2023/2108(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
Amendment 108 #
2023/2108(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Calls on the Commission to step up its financial and technical support to national authorities in non-EU countries in the area of business and human rights, notably through the adoption and implementation of National Action Plans under the UNGPs, as well as legislative initiatives aiming to regulate business activities in relation to human rights and environment-related obligations; encourages the Commission to increase its support to civil society organisations in this area, including in relation to the LBI;
Amendment 24 #
2023/2095(REG)
Annex I – Article 2 – paragraph 1 – point c
(c) not engage in paid professional lobbying directly linked to the Union decision-making processlobbying activities, including consulting and other services for entities falling under the scope of the Interinstitutional Agreement on a mandatory transparency register.
Amendment 25 #
2023/2095(REG)
Annex I – Article 2 – paragraph 1 – point c
(c) not engage in paid professional lobbying directly linked to the Union decision-making processactivities on behalf of entities falling under the scope of the Interinstitutional Agreement on a mandatory transparency register.
Amendment 33 #
2023/2095(REG)
Annex I – Article 4 – paragraph 2 – subparagraph 1 – point c
(c) any regular remunerated activity which the Member undertakesn alongside the exercise of his or her office, whether as an employee or as a self-employed personthe Member’s office, including the name of the entity, the name of the client as well as the field and the nature of the activity; where there is a statutory duty of confidentiality, the field of the client's activity may be declared instead of its name,
Amendment 36 #
2023/2095(REG)
Annex I – Article 4 a (new)
Article 4a Declaration of assets Members shall declare their assets and liabilities at the beginning and end of every term of office. The Bureau shall lay down the list of categories of assets and liabilities to be declared and shall draw up the form for the declaration. Such declarations shall be submitted to the President and shall be accessible only to the relevant authorities, without prejudice to national law.
Amendment 37 #
2023/2095(REG)
Annex I – Article 5 – paragraph 1
1. Members of the European Parliament shall refrain from accepting, in the performance of their dutieir capacity as Members, any gifts or similar benefits, other than those with an approximate value of less than EUR 1500 given in accordance with courtesy usage or those given to them in accordance with courtesy usage when they are representing Parliament in an official capacity.
Amendment 38 #
2023/2095(REG)
Annex I – Article 5 – paragraph 2
2. Any gifts with an approximate value of more than EUR 100 presented to a Members in accordance with paragraph 1 when they are or she is representing Parliament in an official capacity shall be handed over to the President and dealt with in accordance with implementing measures to be laid down by the Bureau pursuant to Article 9.
Amendment 1 #
2023/2079(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the European Parliament resolution of 9 June 2016 for an open, efficient and independent European Union administration;
Amendment 2 #
2023/2079(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
– having regard to the European Parliament resolution of 15 January 2020 on the European Green Deal, which welcomes the commitment by the Commission to ensure that all EU actions should help the EU achieve a sustainable future and a just transition and to update the better regulation guidelines accordingly, requiring, inter alia, that a ‘sustainability first’ principle be integrated into the Better Regulation Agendas of the EU and its Member States,
Amendment 3 #
2023/2079(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to its resolution of 7 July 2022 on Better regulation: Joining forces to make better laws (2021/2166(INI)),
Amendment 6 #
2023/2079(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the European Parliament resolution of 15 January 2020 on the European Green Deal welcomes the commitment by the Commission to ensure that all EU actions should help the EU achieve a sustainable future and a just transition and to update the better regulation guidelines accordingly, requiring, inter alia, that a ‘sustainability first’ principle be integrated into the Better Regulation Agendas of the EU and its Member States;
Amendment 7 #
2023/2079(INI)
Motion for a resolution
Recital B
Recital B
B. whereas there is still the need to alleviate unnecessary regulatory burdens to make sure that EU laws deliver their intended benefits while reducing unnecessary costs, particularly for citizens and small and medium-sized enterprises (SMEs); whereas, however, ‘Better Regulation’ should deliver for all and serve the interest of European society; whereas business interests alone cannot be put on an equal footing with the general interest, which also includes the interests of workers, citizens, consumers and the environment;
Amendment 39 #
2023/2079(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Highlights the need to develop additional tools to assess the environmental impacts of new policies, initiatives and legislation where existing tools are insufficient, in order to ensure that the far-reaching green ambitions of the von der Leyen Commission, together with its focus on the UN’s Sustainable Development Goals, will be more prominent in the Commission’s impact assessments;
Amendment 40 #
2023/2079(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Recalls the commitment to improved analysis and reporting of environmental impacts in all EU policies through mandatory assessment of the ‘do no significant harm’ principle, and the fact that this assessment is to be applied to proposals from across all policy areas, in order to avoid uneven application1a; _________________ 1a Commission communication of 29 April 2021 entitled ‘Better regulation: Joining forces to make better laws’ (COM(2021)0219)
Amendment 41 #
2023/2079(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Stresses furthermore that impact assessments are a tool to help reaching well-informed decisions in the legislative decision-making process and must not lead to undue delays in decision-making or hinder political decisions in a context of green and digital transition to answer global challenges; highlights that such processes should take into consideration economic, environmental, gender and social impacts in an integrated and balanced way and use both qualitative and quantitative analyses, as well as addressing the costs of non- harmonisation at EU level;
Amendment 50 #
2023/2079(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes with concern that, in 2022, 58 % of the impact assessments provided insufficient quantification of costs relevant to the ‘one in, one out’ approach10 ; calls, therefore, on the Commission to improveclarify the implementation of the ‘one in, one out’ approach in law-making, to better indicate what costs and benefits were considered and to provide clear information on the reduction of existing regulatory burdens; _________________ underlines that in its communication of 24 October 2017 entitled ‘Completing the Better Regulation Agenda: Better solutions for better results’ (COM(2017)0651) the Commission expressed reservations about the ‘one in, one out’ approach and ‘fixing ex ante burden reduction targets’, considering that it ‘would create deregulatory pressures and impair its political responsibility to deliver what needs to be done when it needs to be done’1b; _________________ 1b European Parliament resolution of 7 July 2022 on Better regulation: Joining forces to make better laws (2021/2166(INI)), paragraph S 10 Regulatory Scrutiny Board, ‘Annual Report 2022’, Publications Office of the European Union, Luxembourg, 16 May 2023, p. 25.
Amendment 53 #
2023/2079(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses to that regard that, while additional unnecessary administrative burdens should be avoided in designing, transposing and implementing EU acts, this should not be translated into deregulation or “no-regulation” nor prevent Member States from maintaining or taking more ambitious measures and adopting higher social, environmental and consumer protection standards in cases where only minimum standards are defined by Union law1c; _________________ 1c European Parliament resolution of 24 June 2021 on European Union regulatory fitness and subsidiarity and proportionality – report on Better Law Making covering the years 2017, 2018 and 2019, paragraph 34
Amendment 56 #
2023/2079(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Stresses that the lack of a coherent and comprehensive set of codified rules on good administration applicable across the Union makes it difficult for citizens and businesses to easily and fully understand their rights under Union law; emphasises, therefore, that codifying rules on good administration as a regulation setting out the various aspects of administrative procedures – including notifications, binding time limits, the right to be heard and the right for every person to have access to their file – would be tantamount to reinforcing citizens’ rights and transparency; believes that this regulation would increase the effectiveness, efficiency and capacity of public administrations and services, and in this regard respond to the need for investment and reform in the European Union;
Amendment 58 #
2023/2079(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Reiterates its call for the adoption of a regulation on an open, efficient and independent EU administration under Article 298 TFEU, and notes that there Commission has not come forward with a proposal following up on this request; calls on the Commission once again, therefore, to come forward with a legislative proposal on a European law of administrative procedure, taking into account the steps taken so far by Parliament in this field;
Amendment 2 #
2023/2031(INI)
Draft opinion
Recital A
Recital A
A. whereas extractive industries are the basis of added value, and whereas they are capital and labour intensivecapital and labour intensive and have significant impact on the environment and local and indigenous populations;
Amendment 9 #
2023/2031(INI)
Draft opinion
Recital B
Recital B
B. whereas, in the context of fragmented globalisation, the fight for access to mining resources is intensifying, and whereas, in order to maintain its competitiveness, the European Union must guarantee such access for its undertakings while ensuring strigent environmental, governance, social and human rights stasndards;
Amendment 25 #
2023/2031(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the creation of a sustainable and circular mining model, exercising due diligence right across the supply chain and organising, ensuring fair trading practices with artisanal and small-scale miners and working conditions in accordance with the highest standards of health, safety and remuneration;
Amendment 34 #
2023/2031(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that this model should provide for a balanced and transparent sharing among all stakeholders of the sector’s added value, such as enshrined in the global Extractive Industries Transparency Initiative (EITI), while ensuring predictability and continuity of access for European extractive companies to mineral reserves in third countries;
Amendment 40 #
2023/2031(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that this model must take account of the needs of local populations, ensure compliance with all ILO conventions and reduce its direct and indirect impact on the environment in the area of exploitation and ensure free, prior and informed consent to local and indigenous populations before major extractive projects happen in their land, as laid down in the UN Declaration on the Rights of Indigenous Peoples;
Amendment 55 #
2023/2031(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that a sustainable and circular mining model should uphold the policy space of developing countries to take measures that may increase domestic resource mobilisation, such as export duties and legitimate export restrictions, when not applied in a discriminatory manner and allowed by WTO law;
Amendment 1 #
2023/0368(COD)
Proposal for a decision
Title 1
Title 1
Proposal for a DECISIONIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2013/34/EU as regards the time limits for the adoption of sustainability reporting standards for certain sectors and for certain third-country undertakings (Text with EEA relevance)
Amendment 2 #
2023/0368(COD)
Proposal for a decision
Recital 1
Recital 1
(1) Sustainability reporting requirements play a key role in ensuring market transparency and in, ensuring that undertakings are accountable for their impacts on people and the environment. However, it is important to streamline those requirement and ensuring that information is provided by undertakings to allow for stakeholders, including civil society actors, trade unions and workers’ representatives, to enter into dialogue with undertakings on sustainability matters. It is important that those requirements are clear, comprehensive as well as precise and developed in consultation with all relevant stakeholders, in order to ensure that they fulfil the purpose for which they were intended and to limit the administrative burden.
Amendment 3 #
2023/0368(COD)
Proposal for a decision
Recital 3
Recital 3
(3) To reduce the reporting burden on undertakings, as set out in the CommissionIn its Communication on ‘Long- term competitiveness of the EU: looking beyond 2030’10 , undertakings should be allowed to focus firstthe Commission stated that undertakings should focus on the implementation of sustainability reporting requirements laid down in Delegated Regulation (EU) XX/XXX. For that reason, the time limit for the adoption of the delegated acts containing the complementary sustainabiThe requirements in this Delegated Act, in particular with regards to decarbonisation, biodiversity, human rights and working conditions are however formulated only in a general way. Undertakings are also required to carry out a double materiality assessment on all ESG topics, including sector- specific topics, and document the process, results and thresholds. Therefore the sector-specific standards are to clarify what exactly and in what detail should be disclosed, since concrete impacts and methods are different from sector to sector. Sector-specific standards will simplitfy preportaring requirements referred to in Article 29b(1), third subparagraph, of Directive 2013/34/EU should be postponed by 2 years. materiality assessment, thus making the reporting exercise significantly less demanding and costly. As long as the second set of standards is not adopted, companies have limited support to determine the sector-specific disclosures, which could lead to an incomplete or negative qualified opinion. Therefore, the need for sector-specific standards has only heightened and any further delay in their adoption will increase the uncertainty for as well as burden placed on companies, and will undermine reliability of information. It will also leave the door open for greenwashing and unfair competition. _________________ 10 COM(2023)168.
Amendment 6 #
2023/0368(COD)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3 a) Several stakeholders, including investors and banks, have indicated the need to improve and enhance the mandatory reporting framework for undertakings to ensure they factor in relevant data in their decisions, carry out adequate risk assessments and fulfil their own disclosure obligations. This is in particular urgent for undertakings in high-impact sectors and industries to foster the sustainable transformation and decarbonisation of our economy, for example oil & gas, mining, textiles, agriculture, transportation, car manufacturing, construction or real estate. Therefore, the adoption of well- focused sector-specific standards with clear requirements for undertakings in sectors that are key for climate transition and sectors with high human rights risks should be prioritised. For these reasons, even when the time limit is delayed for the adoption of the delegated acts containing the complementary sustainability reporting requirements referred to in Article 29b(1), third subparagraph, of Directive 2013/34/EU, this prioritisation should be reflected.
Amendment 8 #
2023/0368(COD)
Proposal for a decision
Recital 5
Recital 5
(5) The reporting requirements for certain third-country undertakings only apply as of financial year 2028. Since the time limit for the adoption of the delegated acts containing the complementary sustainability reporting obligations referred to in Article 29b(1), third subparagraph, of Directive 2013/34/EU will be postponed by 2 years, the time limit for the adoption of the sustainability reporting standards for certain third-country undertakings standards should also be postponed by 2 yearsbe adapted accordingly.
Amendment 10 #
2023/0368(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2013/34/EU
Article 29b – paragraph 1 – third subparagraph
Article 29b – paragraph 1 – third subparagraph
(1) In Article 29b(1), the third subparagraph, introductory wording, ‘30 June 2024’ is replaced by ‘30 June 2026’; is replaced by the following: In the delegated acts referred to in the first subparagraph the Commission shall, by 31 December 2024, specify: (i) complementary information that undertakings are to report with regard to the sustainability matters and reporting areas listed in Article 19a(2), where necessary; (ii) information to be reported on by undertakings that operate in the following sectors and that is specific to that sector: - oil and gas, - mining, coal and quarrying, - road transport, - textiles, accessories, footwear and jewellery, and - agriculture, farming and fisheries.
Amendment 13 #
2023/0368(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2013/34/EU
Article 29b – paragraph 1 – subparagraphs 4 and 5 (new)
Article 29b – paragraph 1 – subparagraphs 4 and 5 (new)
(1 a) In Article 29b(1), the following fourth and fitth subparagraphs are inserted: In the delegated acts referred to in the first subparagraph, the Commission shall, by 30 June 2025, specify information to be reported on by undertakings that operate in the following sectors and that is specific to that sector: - food and beverage services, - motor vehicles, - power production and energy utilities, - capital markets/investments, insurance, lending and banking, and - real estate. In the delegated acts referred to in the first subparagraph the Commission shall, by 31 December 2025, specify information to be reported on by undertakings that operate in the sectors that are not covered in the previous subparagraphs, and that is specific to that sector.
Amendment 14 #
2023/0368(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Article 40b
Article 40b
(2) in Article 40b, ‘30 June 2024’ is replaced by ‘30 June 2026the corresponding dates in article 29b (1)’.
Amendment 1 #
2023/0222R(NLE)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to the Paris Climate Agreement and the Kunming-Montreal Global Biodiversity Framework (GBF) on halting and reversing nature loss,
Amendment 2 #
2023/0222R(NLE)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
– having regard to the UN Sustainable Development Goals,
Amendment 4 #
2023/0222R(NLE)
Motion for a resolution
Recital A
Recital A
A. whereas approximately 11 % of the land area in Côte d’Ivoire is covered by forests, half of which is tropical rainforest; whereas the forest cover of Côte d’Ivoire has decreased considerablydramatically with a loss of 75% of the country’s forests since 1960, largely due to the expansion of cash crops in the country, notably cocoa, but also rubber, coffee, cashew and palm oil plantations; whereas the forest cover loss in Côte d’Ivoire has gone from an average of 275 000 ha per year between 1990 and 2000, to 71 600 ha per year between 2015 and 2021, and 26 000 ha per year between 2019 and 2021;
Amendment 5 #
2023/0222R(NLE)
Motion for a resolution
Recital C
Recital C
C. whereas in recent years, forestry as a share of the country’s economy has decreased and in 2019 it only accounted for 1 % of GDP, according to the Ministry of Water and Forests (Ministère des Eaux et Forêts); whereas the forest sector is still the fourth largest source of export revenue and a major employer, but the future of the sector has been threatened by high deforestation rates and unsustainable practices in recent decades; whereas the Voluntary Partnership Agreement (VPA) process, which emphasises legality and good governance, is helping the forest sector to increaste its share, provide rural jobs and generate income for Ivoriansustainable rural jobs, preserve biodiversity and carbon sinks, restore nature and generate income for Ivorians by following sustainable forest management practices;
Amendment 8 #
2023/0222R(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the implementation stage requires continued consultations and stakeholder involvement including stakeholders from both within and outside the forestry sector, in particular of the local communities and indigenous populations; while also ensuring the gender factor is taken into account for its implementation; recalls in this respect the need to comply with the principles of free, prior and informed consent (FPIC), which shall among others be obtained as a condition of the purchase or the use of customary forest lands, in compliance with international human rights laws, namely the ILO Convention N°169 on Indigenous and Tribal Peoples and the standards set out in the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests; calls on the Commission and the EU Delegation in Côte d’Ivoire to provide sufficient capacity-building and logistical and technical support in the framework of present and future development cooperation instruments in order to enable Côte d’Ivoire to fulfil the commitments for the implementation of its TLAS and related measures;
Amendment 13 #
2023/0222R(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the success of the FLEGT also depends on tackling fraud, organised crime and corruption throughout the timber supply chain; urges the Government of Côte d’Ivoire to work to stop widespread corruption and address other factors fuelling illegal logging and forest degradation, with particular regard to customs andin cooperation with other authorities that will play a pivotal role in the implementation and enforcement of the VPA;
Amendment 15 #
2023/0222R(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the commitment from the Ministry of Water and Forests to take measures to effectively integrate women into the management of the country’s forest resources; further stresses the importance of the inclusion of women and other vulnerable groups in forest management in future VPA negotiations; calls for gender analysis to be mainstreamed into all activities and projects linked to the implementation of the FLEGT VPA; urges other Ivorian public bodies to adopt gender strategies in forest management;
Amendment 18 #
2023/0222R(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recognises that the process of negotiating a VPA can allow sectors to identify shared goals and priorities to work towards sustainable forest management, as well as offer an important opportunity for sociecommunities to allow for participative management of their forests at local, community and regional levels and even up to national or federal level;
Amendment 21 #
2023/0222R(NLE)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the need to address the root causes of deforestation in Cote d’Ivoire; in this respect, recalls that Côte d'Ivoire is the world’s biggest cocoa producer, and around 40 per cent of it is destined for the European Union (EU); but notes with concern that it only receives between 5% and 7% of the profit generated by this sector globally. As a result, although this sector provides income to one-fifth of the Ivorian population, farmers can usually not make a living from their work and their production. It is estimated that 54.9% of Ivorian cocoa producers and their families currently live below the poverty line ; recalls that the best way to make cocoa sustainable is to ensure companies pay a fair price for cocoa and adequate remuneration for farmers while abolishing child labour in cocoa production;
Amendment 22 #
2023/0222R(NLE)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the importance of land use in forest governance and that a strategic vision in forest governance linked to climate change and biodiversity issues is needed; calls on the Government of Côte d’Ivoire to ensure close coordination between the existing different initiatives in the forest sector, such as REDD+, the FLEGT VPA and nationally determined contributions under the Paris Agreement and national targets under the Kunming- Montreal Global Biodiversity Framework;
Amendment 23 #
2023/0222R(NLE)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 1 #
2023/0222M(NLE)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to the Paris Climate Agreement and the Kunming-Montreal Global Biodiversity Framework (GBF) on halting and reversing nature loss,
Amendment 2 #
2023/0222M(NLE)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
– having regard to the UN Sustainable Development Goals,
Amendment 4 #
2023/0222M(NLE)
Motion for a resolution
Recital A
Recital A
A. whereas approximately 11 % of the land area in Côte d’Ivoire is covered by forests, half of which is tropical rainforest; whereas the forest cover of Côte d’Ivoire has decreased considerablydramatically with a loss of 75% of the country’s forests since 1960, largely due to the expansion of cash crops in the country, notably cocoa, but also rubber, coffee, cashew and palm oil plantations; whereas the forest cover loss in Côte d’Ivoire has gone from an average of 275 000 ha per year between 1990 and 2000, to 71 600 ha per year between 2015 and 2021, and 26 000 ha per year between 2019 and 2021;
Amendment 5 #
2023/0222M(NLE)
Motion for a resolution
Recital C
Recital C
C. whereas in recent years, forestry as a share of the country’s economy has decreased and in 2019 it only accounted for 1 % of GDP, according to the Ministry of Water and Forests (Ministère des Eaux et Forêts); whereas the forest sector is still the fourth largest source of export revenue and a major employer, but the future of the sector has been threatened by high deforestation rates and unsustainable practices in recent decades; whereas the Voluntary Partnership Agreement (VPA) process, which emphasises legality and good governance, is helping the forest sector to increaste its share, provide rural jobs and generate income for Ivoriansustainable rural jobs, preserve biodiversity and carbon sinks, restore nature and generate income for Ivorians by following sustainable forest management practices;
Amendment 8 #
2023/0222M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the implementation stage requires continued consultations and stakeholder involvement including stakeholders from both within and outside the forestry sector, in particular of the local communities and indigenous populations; while also ensuring the gender factor is taken into account for its implementation; recalls in this respect the need to comply with the principles of free, prior and informed consent (FPIC), which shall among others be obtained as a condition of the purchase or the use of customary forest lands, in compliance with international human rights laws, namely the ILO Convention N°169 on Indigenous and Tribal Peoples and the standards set out in the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests; calls on the Commission and the EU Delegation in Côte d’Ivoire to provide sufficient capacity-building and logistical and technical support in the framework of present and future development cooperation instruments in order to enable Côte d’Ivoire to fulfil the commitments for the implementation of its TLAS and related measures;
Amendment 13 #
2023/0222M(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the success of the FLEGT also depends on tackling fraud, organised crime and corruption throughout the timber supply chain; urges the Government of Côte d’Ivoire to work to stop widespread corruption and address other factors fuelling illegal logging and forest degradation, with particular regard to customs andin cooperation with other authorities that will play a pivotal role in the implementation and enforcement of the VPA;
Amendment 15 #
2023/0222M(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the commitment from the Ministry of Water and Forests to take measures to effectively integrate women into the management of the country’s forest resources; further stresses the importance of the inclusion of women and other vulnerable groups in forest management in future VPA negotiations; calls for gender analysis to be mainstreamed into all activities and projects linked to the implementation of the FLEGT VPA; urges other Ivorian public bodies to adopt gender strategies in forest management;
Amendment 18 #
2023/0222M(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recognises that the process of negotiating a VPA can allow sectors to identify shared goals and priorities to work towards sustainable forest management, as well as offer an important opportunity for sociecommunities to allow for participative management of their forests at local, community and regional levels and even up to national or federal level;
Amendment 21 #
2023/0222M(NLE)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the need to address the root causes of deforestation in Cote d’Ivoire; in this respect, recalls that Côte d'Ivoire is the world’s biggest cocoa producer, and around 40 per cent of it is destined for the European Union (EU); but notes with concern that it only receives between 5% and 7% of the profit generated by this sector globally. As a result, although this sector provides income to one-fifth of the Ivorian population, farmers can usually not make a living from their work and their production. It is estimated that 54.9% of Ivorian cocoa producers and their families currently live below the poverty line ; recalls that the best way to make cocoa sustainable is to ensure companies pay a fair price for cocoa and adequate remuneration for farmers while abolishing child labour in cocoa production;
Amendment 22 #
2023/0222M(NLE)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the importance of land use in forest governance and that a strategic vision in forest governance linked to climate change and biodiversity issues is needed; calls on the Government of Côte d’Ivoire to ensure close coordination between the existing different initiatives in the forest sector, such as REDD+, the FLEGT VPA and nationally determined contributions under the Paris Agreement and national targets under the Kunming- Montreal Global Biodiversity Framework;
Amendment 23 #
2023/0222M(NLE)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 25 #
2023/0129(COD)
Proposal for a Regulation
Recital 3
Recital 3
(3) The possibility of using compulsory licences in situations of national emergency or other circumstances of extreme urgencyand determining the grounds upon which such licences can be granted is explicitly envisaged under the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’)3 . __________________ 3 OJ L 336, 23.12.1994, p. 214
Amendment 31 #
2023/0129(COD)
Proposal for a Regulation
Recital 28
Recital 28
(28) It is imperative that products manufactured under a Union compulsory licence areach only the internal marke predominantly destined for the internal market, in line with Article 31f of the TRIPS Agreement. The Union compulsory licence should therefore impose clear conditions upon the licensee as regards the activities authorised under the licence, including the territorial reach of those activities. The rights-holder should be able to challenge actions and uses of the rights concerned by the Union compulsory licence that do not comply with the conditions of the licence, as infringement of its intellectual property rights in accordance with Directive 2004/48/EC of the European Parliament and of the Council9 . In order to facilitate monitoring of the distribution of products manufactured under a Union compulsory licence, including controls by customs authorities, the licensee should ensure that such products have special characteristics that make them easily identifiable and distinguishable from the products marketed by the rights-holder. __________________ 9 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 157 30.4.2004, p. 45).
Amendment 33 #
2023/0129(COD)
Proposal for a Regulation
Recital 29
Recital 29
(29) A Union compulsory licence in the context of a Union crisis or emergency mechanismunder this Regulation should only be granted to predominantly supply the internal market with crisis- relevant products. Therefore, it should be prohibited to export products manufactured under a Union compulsory licence.
Amendment 39 #
2023/0129(COD)
Proposal for a Regulation
Recital 37
Recital 37
(37) The possibility of a compulsory licence at Union level should not only be available for the supply of the Union market but also under certain conditions for export purposes concerning countries with public health problems, already regulated by Regulation (EC) No 816/2006 of the European Parliament and of the Council11 . Under that Regulation, the granting of such compulsory licences is decided and performed nationally by the competent authorities of the Member States that have received a corresponding application from a person that intends to manufacture and sell pharmaceutical products covered by a patent or a supplementary protection for export to eligible third countries. In order to ensure the efficient processing of applications for compulsory licences under Regulation (EC) No 816/2006, Member States should have the ability to put in place adequate purely formal or administrative requirements, such as rules on the language of the application, the form to be used, and rules on applications made in electronic form. Such requirements should not add unnecessary costs or burdens on the applicant and, in any event, should not render the procedure for granting compulsory licences under this Regulation more burdensome than the procedure for the granting of other compulsory licences under the TRIPS Agreement. Regulation (EC) No 816/2006 only allows compulsory licensing covering the manufacturing of products across several Member States through national procedures. In the context of a cross-border manufacturing process different national compulsory licences would be needed. This can lead to a burdensome and lengthy process as this would require the launch of different national procedures with possibly different scope and conditions. Furthermore, empirical evidence demonstrates that certain conditions are difficult to meet. In order to achieve the synergies and efficient process as for the Union crisis mechanisms, a Union compulsory licence should also be available, in the context of Regulation (EC) No 816/2006. This will facilitatshould be further facilitated by reviewing the conditions for issuing compulsory licences for export, in line with the TRIPS Agreement. A Union compulsory licence will facilitate the use of this mechanism and all the manufacturing of the relevant products across several Member States and provide Union-level solution in order to avoid a situation where several compulsory licences for the same product in more than one Member States would be required for licensees to manufacture and export the products as planned. Any person considering to apply for a compulsory licence under, for the purposes and within the scope of Regulation (EC) No 816/2006 should have the possibility to request, with a single application, a compulsory licence under that Regulation that is valid throughout the Union, if that person, when relying on national compulsory licencing schemes of the Member States, would otherwise need to apply for multiple compulsory licences for the same crisis- relevant product in more than one Member State in order to realise its intended activities of manufacture and sale for export under Regulation (EC) No 816/2006. Therefore, Regulation (EC) No 816/2006 should be amended accordingly. __________________ 11 Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems (OJ L 157, 9.6.2006, p. 1).
Amendment 42 #
2023/0129(COD)
Proposal for a Regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘crisis-relevant products’ means products or processes that are indispensable for responding to a crisis or emergency or for, addressing the impacts of a crisis or emergency in the Union, such as by guaranteeing the continued availability of a product in the Single Market in specific cases where an urgent public interest supersedes the monopoly rights of the patent-holder;
Amendment 44 #
2023/0129(COD)
Proposal for a Regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) the analysis of the crisis-all relevant information gathered by Member States or the Commission and aggregated data received by other crisis-relevant bodies at Union and international level;
Amendment 46 #
2023/0129(COD)
Proposal for a Regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the facilitation of exchanges and sharing of information with other relevant bodies and other crisis-relevant bodies at Union and national level, as well as at international level, where appropriate;
Amendment 52 #
2023/0129(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114, 168 and 207 thereof,
Amendment 53 #
2023/0129(COD)
Proposal for a Regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The export of products manufactured under a Union compulsory licence is prohibitedproducts manufactured under a Union compulsory licence shall be authorised predominantly destined for the supply of the EU internal market, except for products manufactured under a Union compulsory licence destined for export to countries facing public health problems.
Amendment 54 #
2023/0129(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) CThe public interest, notably in the context of crises require the setting-up of exceptional, swift, and adequate measures able to provide means to address the consequences of the crisisa fair response to the needs at hand. In this context, the use of patented products or processes could prove indispensable to address the consequences of a crisis. Voluntary licensing agreements usually suffice to licence the patent rights on these products and allow their supply in the Union territory. Voluntary agreements are the most adequate, quick, and efficient solution to allow the use of patented products, and to scale up production, including in crises. Nevertheless, voluntary agreements may not always be available or only under inadequate conditions such as lengthy delivery times. In such cases, compulsory licensing can provide a solution to allow access to patented products, in particular products necessary to tackle the consequences of a crisis.
Amendment 55 #
2023/0129(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In the context of the Union crisis or emergency mechanisms having a cross- border effect in the Union and involving two or more Member States, the Union should therefore have the possibility to rely on compulsory licensing to adequately respond to the needs commanded by the public interest. The activation of a crisis or an emergency mode or the declaration of a crisis or a state of emergency addresses obstacles to free movement of goods, services, and persons in crises and shortages of crisis-relevant goods and services. In cases where access to crisis- relevant products and processes protected by a patent cannot be achieved through voluntary cooperation, compulsory licensing can help in lifting any patent- related barriers and thus ensure the supply of products or services needed to confront an ongoing crisis or emergency. It is therefore important that, in the context of said crisis mechanisms, the Union can rely on an efficient and effective compulsory licensing scheme at Union level, which is uniformly applicable within the Union. This would guarantee a functioning internal market, ensuring the supply and the free movement of crisis-critical products subject to compulsory licencing in the internal market.
Amendment 57 #
2023/0129(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The possibility of using compulsory licences in situations of national emergency or other circumstances of extreme urgency is explicitly envisaged under the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’)3 . WTO Agreement on Trade Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’)3 provides for a possibility, under conditions, to issue compulsory licences. This provides governments the authority to grant the use of a patented invention without the consent of the patent owner. The Doha Declaration on the TRIPS Agreement and Public Health makes it clear that each WTO Member has not only the right to grant a compulsory licence, but also the freedom to determine the grounds upon which such licence are granted, including the possibility of using such licence in situations of national emergency or other circumstances of extreme urgency, as provided by the TRIPS Agreement. _________________ 3 OJ L 336, 23.12.1994, p. 214.
Amendment 60 #
2023/0129(COD)
Proposal for a Regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Where customs authorities identify a product that may fall under the prohibition laid down in Article 11, they shall suspend its export. Customs authorities shall immediately notify the Commission of the suspension and provide it with all relevant information to enable ithe Commission to establish whether the product was manufactured under a Union compulsory license. To assess whether the suspended products correspond to the Union compulsory licenseBefore taking a decision, the Commission may consult the relevant rights-holder.
Amendment 61 #
2023/0129(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In recent years, the European Union has adopted several crisis mechanisms to improve its resilience to crises or emergencies affecting the Union. The recent mechanisms include the Single Market Emergency Instrument (SMEI) established under Regulation (EU) No XXX/XX [COM(2022) 459] and Regulation (EU) No 2022/2371 under which the Commission may recognise a public health emergency at Union level. In the event of a public health emergency at Union level a framework of measures for ensuring the supply of crisis-relevant medical countermeasures might be activated under Regulation (EU) No 2022/2372. Moreover, Regulation (EU) 2022/123, which strengthens the European Medicines Agency's role in crisis preparedness and management, creates a framework aimed at mitigating shortages of medicinal products during major events. Furthermore, in case of a significant shortage of semiconductors due to serious disruptions in their supply, the Commission may activate a crisis stage by means of implementing acts under Regulation (EU) No XXX/XX (Chips Act) [COM(2022) 46].
Amendment 62 #
2023/0129(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) These mechanisms provide for the grant of compulsory licences to protect the public interest, including in the context of cross-border crisis or emergency situations in the Union, in one or more Member States or at international level activation of an emergency or crisis mode and aim at providing the means to address Union emergencies. By allowing tThe Commission tomay grant a Union compulsory licence when a crisis or emergency mode has been activated by a Union legal acin the public interest, including but not limited to national emergency or other circumstances of extreme need, including a health crisis or major events in the meaning of Regulation(EU) 2022/123, situations of shortages, or involving excessive or abnormally high prices of a medical product, or where there is a need to build up a strategic stock, or in other situations where the grant of a compulsory licence should be deemed lawful. By allowing the Commission to grant a compulsory licence when a crisis or emergency mode, including in the event of a major event, the necessary synergy between the existing crisis mechanisms and a Union wide compulsory licencing scheme is achieved. In such a case, the determination of the existence of a crisis or emergency depends solely on the Union legal act underlying the crisis mechanism and the crisis definition incluon the assessment requirements provided undedr thereiis regulation. For the sake of legal certainty, the crisis mechanisms that qualify as Union emergency or extreme urgency measures and that can trigger a Union compulsory licence should be listed in an Annex to this Regulationnot contravene the spirit and provisions of the TRIPS Agreement, especially their Article 31, which should remain the reference on the matter.
Amendment 63 #
2023/0129(COD)
Proposal for a Regulation
Article 12 – paragraph 4 – point b
Article 12 – paragraph 4 – point b
Amendment 65 #
2023/0129(COD)
Proposal for a Regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Where the Commission concludes that a product manufactured under a Union compulsory licence does not comply with the prohibition laid down in Article 11, customs authorities shall not authorise its release for export. Tthe Commission shall inform the concerned rights-holder of such non-compliance.
Amendment 65 #
2023/0129(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) To ensure optimal efficiency of the Union compulsory licence as a tool to address public interest needs and crises, it should be made available in respect of a granted patent or utility model, of a published patent application or a supplementary protection certificate. The Union compulsory licence should equally apply to a national patents, European patents and European patents with unitary effect.
Amendment 70 #
2023/0129(COD)
Proposal for a Regulation
Article 12 – paragraph 6 – introductory part
Article 12 – paragraph 6 – introductory part
6. Where the release for export of a product has not been authorisedCommission concludes that a product manufactured under a Union compulsory licence does not comply with the prohibition laid down in Article 11:
Amendment 71 #
2023/0129(COD)
Proposal for a Regulation
Article 12 – paragraph 6 – point a
Article 12 – paragraph 6 – point a
(a) where appropriate in view of the crisis or emergency context, the Commission may require customs authorities to obligeest the exporter to take specific actions at their own costs, including supplying them to designated Member States, if need be, after rendering them compliant with Union law.
Amendment 72 #
2023/0129(COD)
Proposal for a Regulation
Article 12 – paragraph 6 – point b
Article 12 – paragraph 6 – point b
(b) in all other cases, customs authoritiesthe Commission may take any necessary measure to ensure that the product concerned is disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 72 #
2023/0129(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure as much coherence as possible with requirements pertaining to the public interest, with existing crisis mechanisms and with other Union legislation, the definition of a ‘crisis- relevant product’ should be based on the definition adopted in the Single Market Emergency Instrument (SMEI) but should be more general in order to cover products related to different kinds of crises or emergencisituations calling for the grant of Union compulsory licenses.
Amendment 76 #
2023/0129(COD)
Proposal for a Regulation
Article 23 – paragraph 1 – point –a a (new)
Article 23 – paragraph 1 – point –a a (new)
Regulation (EC) No 816/2006
Article 6 – paragraph 2
Article 6 – paragraph 2
(-a a) Paragraph (2) of Article 6 is amended as follows: 2. If the person applying for a compulsory licence is submitting multiple applications to authorities in more than one country for the same product, he shall indicate that fact in each application, together with details of the quantities and importing countries concerned.
Amendment 77 #
2023/0129(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) A Union compulsory licence authorises the use of a protected invention without the consent of the rights-holder. Therefore, it must only be granted exceptionally and under conditions that take into account the interests of the rights- holder. This includes a clear determination of the scope, duration and territorial coverage of the licence. In the context of a Union level crisis mechanism, the crisis mode or emergency mode is activated or declared for a limited period of time. Where a Union compulsory licence is granted within such framework, the duration of the licence shall not extend beyond the duration of the activated or declared crisis or emergency mode. In order to ensure that the compulsory licence fulfils its objective as well as its conditions, the use of the invention should only be authorised to a qualified persons able to manufacture the crisis-relevant product and to pay, when relevant, a reasonable remuneration to the rights-holder.
Amendment 78 #
2023/0129(COD)
Proposal for a Regulation
Article 23 – paragraph 1 – point –a b (new)
Article 23 – paragraph 1 – point –a b (new)
Regulation (EC) No 816/2006
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) the-a b) Point (c) Article 6(3) is amended as follows : (c) the expected amount of pharmaceutical product which the applicationt seeks to produce under the compulsory licence;
Amendment 79 #
2023/0129(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) When considering the granting of a Union compulsory licence, the Commission should, in order to be able to take a well-informed decision, be assisted by an advisory body. The consultation of the advisory body should arise early in the discussions on the need to issue a compulsory licence under the relevant instrument. Discussions on whether there is a need for a Union compulsory licence will often start already in the context of the work of the advisory body involved in the context of the relevant Union crisis or emergency mechanisms. In such case, there is no need for the Commission to convene the advisory body but rather to swiftly indicate that that body also has the competence to assess the need for compulsory licensing at Union level, and the conditions thereof. Clarification as regards the competence of the advisory body should be given early in the process, as soon as concrete consideration of using compulsory licensing at Union level is expressed by the Commission.
Amendment 81 #
2023/0129(COD)
Proposal for a Regulation
Article 23 – paragraph 1- point –a c (new)
Article 23 – paragraph 1- point –a c (new)
Regulation (EC) No 816/2006
Article 6 – paragraph 3 – point e
Article 6 – paragraph 3 – point e
(-a c) Point (e) of Article 6(3) is amended as follows: (e) where applicable, evidence of efforts for prior negotiation with the rights-holder pursuant to Article 9;
Amendment 81 #
2023/0129(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The participation of an advisory body aims at guaranteeing a comprehensive, thorough, and concrete assessment of the situation, taking into consideration the individual merits of each situation. It is therefore important that the advisory body has the right composition, expertise, andindependence, expertise, and can rely on the adequate procedures to support the Commission when deciding on whether to grant a Union compulsory licence and under what conditions. Union crisis mechanisms usually include the setting-up of an advisory body ensuring coordination of action of the Commission and relevant bodies and agencies, the Council and the Member States. In this respect, an advisory group is set up under SMEI. Regulation (EU) No 2022/2371 provides for a Health Crisis Board and under Regulation (EU) No XXX/XX (Chips Act) [COM/2022) 46], the Commission relies on the Semiconductor Board. Those advisory bodies have the right composition, independence, expertise, and procedures to address the crises and emergencies for which they have been set-up. When compulsory licensing is being discussed in the context of such crisis instrument, relying on the advisory body set-up for the specific instrument allows the Commission to be adequately advised and avoid duplication of advisory bodies, leading to incoherences between processes. The competent advisory bodies shall be listed, together with the corresponding crisis mechanisms, in an Annex to this Regulation. In case the Union crisis mechanism does not provide for an advisory body, the Commission should set up an ad hoc advisory body for the granting of the Union (the ‘ad hoc advisory body’).
Amendment 86 #
2023/0129(COD)
Proposal for a Regulation
Article 23 – paragraph 1 – point –a e (new)
Article 23 – paragraph 1 – point –a e (new)
Regulation (EC) No 816/2006
Article 7
Article 7
Amendment 87 #
2023/0129(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Commission should grant the Union compulsory licence in the light of the non-binding opinion of the advisory body. Persons, in particular the licensee and the rights-holder, whose interests may be affected by the Union compulsory licence should be given the opportunity to submit their comments. These elements should enable the Commission to consider the individual merits of the situation and determine, on that basis, the adequate conditions of the licence, including an adequate remuneration to be paid by the licensee to the rights-holder, should it be granted. To avoid overproduction of products manufactured under a Union compulsory licence, the Commission should also consider any existing compulsory licences at national level.
Amendment 89 #
2023/0129(COD)
Proposal for a Regulation
Article 23 – paragraph 1 – point –a g (new)
Article 23 – paragraph 1 – point –a g (new)
Regulation (EC) No 816/2006
Article 10 – paragraph 1
Article 10 – paragraph 1
(-a g) Paragraph (1) of Article 10 is amended as follows : 1. The licence granted shall be non- assignable, except with that part of the enterprise or goodwill which enjoysnon-profit organisation that makes use of the licence, and non- exclusive. It shall contain the specific conditions set out in paragraphs 2 to 9 to be fulfilled by the licensee. (AM aims at amending paragraph 1 and deleting paragraphs 2, 3, 4, 5, 6, 7 & 8 of Article 10 of Regulation 816/2023. This implies a renumbering (not change of wording) of existing paragraphs 9 (should become new paragraph 2) and paragraphs 10 (should become new, as laid down by the relevant Articles of the TRIPS Agreement. Or. en paragraph 3).)
Amendment 90 #
2023/0129(COD)
Proposal for a Regulation
Article 23 – paragraph 1 – point –a h (new)
Article 23 – paragraph 1 – point –a h (new)
Regulation (EC) No 816/2006
Article 10 – paragraph 2
Article 10 – paragraph 2
(-a h) Paragraph (2) of Article 10 is deleted.
Amendment 90 #
2023/0129(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) When informed of advanced discussions as regards the granting of a Union compulsory licence, the rights- holder should have the possibility to propose a voluntary agreement, should the circumstances of the Union crisis or emergency, including the urgency of the situation, allow it. The rights-holder should also be given the opportunity to comment on the need for a Union compulsory licence and on the conditions of the licence, including remuneration, should it be granted. To this end, the rights-holder should be allowed to provide the Commission with written or oral comments and any information the rights-holder considers useful to allow the Commission to make a fair, comprehensive, and thorough assessment of the situation. The Commission should allow the rights-holder a reasonable period of time to provide comments and information, considering the balance to be made between the public interest on the one hand, and the situation of the rights-holder andon the other, and considering the urgency of the situation. The comments of the rights-holder should, where relevant, be transmitted by the Commission to the competent advisory body on a timely basis. In order for confidential information to be shared with the Commission, the Commission shall ensure a safe environment for the sharing of this information and should take measures to preserve the confidentiality of the documents provided by the rights- holder in the context of that procedure. Once a Union compulsory licence has been granted, the Commission should notify the rights-holder as soon as reasonably practicable.
Amendment 93 #
2023/0129(COD)
Proposal for a Regulation
Article 23 – paragraph 1 – point –a i (new)
Article 23 – paragraph 1 – point –a i (new)
Regulation (EC) No 816/2006
Article 10 – paragraph 3
Article 10 – paragraph 3
(-a i) Paragraph (3) of Article 10 is deleted.
Amendment 95 #
2023/0129(COD)
Proposal for a Regulation
Article 23 – paragraph 1 – point –a j (new)
Article 23 – paragraph 1 – point –a j (new)
Regulation (EC) No 816/2006
Article 10 – paragraph 4
Article 10 – paragraph 4
(-a j) Paragraph (4) of Article 10 is deleted.
Amendment 95 #
2023/0129(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The Commission should, assisted by the advisory body, make its best efforts to identify in its decision the patent, patent application, supplementary protection certificate and utility model related to the crisis-relevant products, and the rights- holders of those intellectual property rights. In certain circumstances, the identification of intellectual property rights and of their respective rights-holders may require lengthy and complex investigations. In such cases, a complete identification of all intellectual property rights and of their rights-holders may seriously undermine the efficient use of the Union compulsory licence to swiftly tackle the crisis or the emergency. Therefore, where the identification of all those intellectual property rights or rights- holders would significantly delay the granting of the Union compulsory licence, the Commission should be able to initially only indicate in the licence the non- proprietary name of the product for which it is sought. The Commission should nevertheless identify all applicable and relevant intellectual property rights and their rights-holder as soon as possible and amend the implementing act accordingly. The amended implementing act should also identify any necessary safeguards and remuneration to be paid, when relevant, to each identified rights-holder.
Amendment 97 #
2023/0129(COD)
Proposal for a Regulation
Article 23 – paragraph 1 – point –a k (new)
Article 23 – paragraph 1 – point –a k (new)
Regulation (EC) No 816/2006
Article 10 – paragraph 5
Article 10 – paragraph 5
(-a k) Paragraph (5) of Article 10 is deleted.
Amendment 99 #
2023/0129(COD)
Proposal for a Regulation
Article 23 – paragraph 1 – point –a l (new)
Article 23 – paragraph 1 – point –a l (new)
Regulation (EC) No 816/2006
Article 10 – paragraph 6
Article 10 – paragraph 6
(-a l) Paragraph (6) of Article 10 is deleted.
Amendment 100 #
2023/0129(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The licensee shouldmay have to pay an adequate remuneration to the rights-holder as determined by the Commission. The amount of the remuneration, should it be granted, should be determined considering the economic value of the exploitation authorised under the licence to the licensee and to the Member States concerned by the crisis, any public support received by the rights-holder to develop the invention, the degree to which development costs have been amortized as well as humanitarian circumstances relating to the granting of the Union compulsory licence. In addition, the Commission should consider the comments made by the rights-holder and the assessment made by the advisory body with regard to the amount of the remuneration. In any case, the remuneration should not exceed 4 % of the total gross revenue generated by the licensee through the acts under the Union compulsory licence. This percentage is the same as the one provided for under Regulation 816/2006. In the event of a compulsory licence granted on the basis of a published patent application that ultimately does not lead to the granting of a patent, the rights-holder would have no ground to receive remuneration under the compulsory licence, as the subject matter for the receipt of the remuneration has not materialised. In such circumstances, the rights-holder should refund the remuneration it received under the compulsory licence.
Amendment 101 #
2023/0129(COD)
Proposal for a Regulation
Article 23 – paragraph 1 – point –a m (new)
Article 23 – paragraph 1 – point –a m (new)
Regulation (EC) No 816/2006
Article 10 – paragraph 7
Article 10 – paragraph 7
(-a m) Paragraph (7) of Article 10 is deleted.
Amendment 101 #
2023/0129(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) It is imperative that products manufactured under a Union compulsory licence reach onpredominantly the internal market. The Union compulsory licence should therefore impose clear conditions upon the licensee as regards the activities authorised under the licence, including the territorial reach of those activities. The rights-holder should be able to challenge actions and uses of the rights concerned by the Union compulsory licence that do not comply with the conditions of the licence, as infringement of its intellectual property rights in accordance with Directive 2004/48/EC of the European Parliament and of the Council9 . In order to facilitate monitoring of the distribution of products manufactured under a Union compulsory licence, including controls by customs authorities, the licensee should ensure that such products have special characteristics that make them easily identifiable and distinguishable from the products marketed by the rights-holder. _________________ 9 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 157 30.4.2004, p. 45).
Amendment 102 #
2023/0129(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) A Union compulsory licence in the context of a Union crisis or emergency mechanism should only be granted to predominantly supply the internal market with crisis- relevant products. TWherefore, it should be prohibin a Union compulsory licence has been granted tofor export products manufactured under a Union compulsory licenceto countries with public health problems, the full production should be exported to them.
Amendment 103 #
2023/0129(COD)
Proposal for a Regulation
Article 23 – paragraph 1 – point –a n (new)
Article 23 – paragraph 1 – point –a n (new)
Regulation (EC) No 816/2006
Article 10 – paragraph 8
Article 10 – paragraph 8
(-a n) Paragraph (8) of Article 10 is deleted.
Amendment 106 #
2023/0129(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) Where appropriate, the Commission should oblige the rights- holder to disclose the trade secrets which are strictly necessary in order to achieve the purpose of the Union compulsory licence. Indeed, it is possible that the detailed description of how to carry out the invention might not be sufficient and complete enough to enable the licensee to efficiently use that invention. This may include but may not be limited to the full transfer of needed technology, knowhow, test data, samples and reference products needed for production and market authorization, taking into account the public interest. In cases where that additional information and know-how is necessary, some of which is an undisclosed trade secret, the disclosure of that necessary trade secret, with a view to achieving the purpose of exercising the Union compulsory licence pursuant to this Regulation, should be considered to be lawful within the meaning of Article 3(2) and Article 5 of Directive (EU) 2016/943 of the European Parliament and the Council. The Commission should require the rights-holders to put in place all appropriate measures, including technical and organisational measures, to ensure the confidentiality of trade secrets, in particular vis-à-vis third parties and the protection of the legitimate interests of all parties.
Amendment 107 #
2023/0129(COD)
Proposal for a Regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
2. Any person may submit an application for a compulsory licence under paragraph 1. The application shall fulfil the requirements laid down in Article 6 (3) and shall specify the Member States to be covered by the compulsory licence.
Amendment 107 #
2023/0129(COD)
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32b) This Regulation should guarantee that the Commission has the authority to compel rights-holders to provide all necessary information to facilitate the rapid and efficient production of critical products, such as pharmaceuticals and other health-related items. This information should encompass details about know-how, test data, samples and reference products, particularly when it is essential for the effective implementation of compulsory licensing.
Amendment 109 #
2023/0129(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to respond appropriately to the crisis situations, the Commission should be authorised to review the conditions of the Union compulsory licence and adapt them to changed circumstances. This should include the modification of the compulsory licence to indicate the complete list of rights and rights-holders covered by the compulsory licence, where this complete identification had not be done initially. This should also include the termination of the licence if the circumstances which led to it cease to exist and are unlikely to recur. When deciding on the revision of the Union compulsory licence, the Commission may decide to consult the competent advisory body for that purpose. If the Commission intends to change essential components of the Union compulsory licence, such as its duration or potential remuneration or if the change itself could be the subject of a separate compulsory licence, it should be required to consult the advisory body.
Amendment 111 #
2023/0129(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) To prevent and stop any misuse of the Union compulsory licence, specific safeguards should be in place to allow the Commission to take action. In addition to the possibility to terminate the Union compulsory licence, the Commission should be authorised to impose fines and periodic penalty payments on the rights- holder and the licensee in order to enforce the obligations under this Regulation. The penalties should be effective, proportionate and dissuasive, and should not contravene the usual enforcement measures of Intellectual Property rights as provided by Directive 2004/48/EC.
Amendment 113 #
2023/0129(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) When a national compulsory licence has been granted for the purpose of addressing a crisis, the Member State or its competent authority should be required to notify the Commission of the granting of the licence, and of the specific conditions attached to it, since it allows the Commission to get an overview of national compulsory licences in the Member States and to take those compulsory licences into account when considering a Union compulsory licence, and in particular when setting the conditions for such licence.
Amendment 114 #
2023/0129(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The possibility of a compulsory licence at Union level should not only be available for the supply of the Union market but also under certain conditions for export purposes concerning countries with public health problems, already regulated by Regulation (EC) No 816/2006 of the European Parliament and of the Council11 . Under that Regulation, the granting of such compulsory licences is decided and performed nationally by the competent authorities of the Member States that have received a corresponding application from a person that intends to manufacture and sell pharmaceutical products covered by a patent or a supplementary protection for export to eligible third countries. Regulation (EC) No 816/2006 only allows compulsory licensing covering the manufacturing of products across several Member States through national procedures. In the context of a cross-border manufacturing process different national compulsory licences would be needed. This can lead to a burdensome and lengthy process as this would require the launch of different national procedures with possibly different scope and conditions. In order to achieve the synergies and efficient process as for the Union crisis mechanisms, a Union compulsory licence should also be available, in the context of Regulation (EC) No 816/2006. This will facilitate manufacturing of the relevant products across several Member States and provide Union-level solution in order to avoid a situation where several compulsory licences for the same product in more than one Member States would be required for licensees to manufacture and export the products as planned. Any person considering to apply for a compulsory licence under, for the purposes and within the scope of Regulation (EC) No 816/2006 should have the possibility to request, with a single application, a compulsory licence under that Regulation that is valid throughout the Union, if that person, when relying on national compulsory licencing schemes of the Member States, would otherwise need to apply for multiple compulsory licences for the same crisis- relevant product in more than one Member State in order to realise its intended activities of manufacture and sale for export under Regulation (EC) No 816/2006. Therefore, Regulation (EC) No 816/2006 should be amended accordingly. _________________ 11 Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems (OJ L 157, 9.6.2006, p. 1).
Amendment 117 #
2023/0129(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the granting, complementing, modification or termination of a Union compulsory license, the determination of the remuneration tohat may be paid to the rights- holder, the procedural rules for the ad hoc advisory body and the characteristics allowing the identification of products produced under a Union compulsory licence. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council12 . The advisory procedure should be used for the adoption of implementing acts granting, complementing, modifying or terminating a Union compulsory licence, and implementing acts determining the remuneration, should it be granted. The choice of the advisory procedure is justified given that those implementing acts would be adopted in the context of a procedure with considerable participation of the Member States through the consultation of the advisory body. The examination procedure should be used for the adoption of implementing acts establishing procedural rules for the ad hoc advisory body and implementing acts establishing the characteristics allowing the identification of products produced under a Union compulsory licence. _________________ 12 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 118 #
2023/0129(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to the granting, modification or termination of a Union compulsory licence or the determination of the potential remuneration, imperative grounds of urgency so require.
Amendment 119 #
2023/0129(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Union compulsory licensing for crisis management is a tool that is only used in exceptional circumstances. The evaluation should therefore be conducted only where a Union compulsory licence has been granted by the Commission. It should focus on the efficiency of the procedures set up by this regulation, notably with respect to the promptness in which all stakeholders, including rights- holders, participate in them. The evaluation report should be submitted by the last day of the third year following the granting of the Union compulsory licence, to allow an adequate and substantiated assessment of this Regulation.
Amendment 122 #
2023/0129(COD)
Proposal for a regulation
Recital 41
Recital 41
Amendment 123 #
2023/0129(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation has the objective to ensure that in crises the Union has access to crisis-relevant productsa temporary and non-exclusive Union compulsory license may be granted for the exploitation of the patent or the patent application, to protect the public interest, including in the context of cross-border crisis or emergency situations in the Union or at international level. To this end, this Regulation lays down rules on the procedure and conditions for the granting of a Union compulsory licence of intellectual property rights that are necessary for the manufacture and supply of crisis-such relevant products to the Member States in the context of a Union crisis or emergency mechanismand their components to the Member States when needed.
Amendment 131 #
2023/0129(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation is without prejudice to the rules laid down by other Union legal acts regulating copyright and related rights, including Directive 2001/29, Directive 2009/24, Directive 2004/48/EC and the sui generis rights granted by Directive 96/9/EC on the legal protection of databases.
Amendment 134 #
2023/0129(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘crisis-relevant products’ means products or processes that are indispensable for responding tostrumental for safeguarding the public interest, o for responding to exceptional public health needs, such as in a crisis or emergency, or for addressing the impacts of a crisis or emergency in the Union, as determined by the Commission through the guidance of the advisory body in accordance with Article 6;
Amendment 139 #
2023/0129(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘Union compulsory licence’ means a compulsory licence granted by the Commission or a relevant authority to exploit a protected invention of crisis-relevant products for any of the relevant activities in the Union;
Amendment 145 #
2023/0129(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The Commission may grant a Union compulsory licence in the public interest, including in but not limited to the following situations: (a) a national emergency or other circumstances of extreme need, including a health crisis; (b) a situation involving problems of supply or availability in insufficient quantity or quality; (c) a situation involving excessive or abnormally high prices of a medical product, building up a strategic stock; (d) in case of lawful uses of the Intellectual Property rights, such as public non-commercial uses; (e) any other situations where considered needed by the applicant of the request for a compulsory licence, following proper examination by the Supervisory Board according to the provisions of this Regulation.
Amendment 147 #
2023/0129(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) be non-exclusive and non- assignable, except with that part of the enterprise or goodwillnon-profit which enjoys such compulsory licence;
Amendment 151 #
2023/0129(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) have a scope and duration that isare limited to the purpose for which the compulsory licence is granted and limited to the scope and duration of the crisis or emergency mode in the framework offramework and conditions under which it is granted;
Amendment 153 #
2023/0129(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) be strictly limited to the relevantnecessary activities of crisis-relevant products in the Union;
Amendment 155 #
2023/0129(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) only be granted against payment of an adequate remuneration to the rights- holder, when relevant ;
Amendment 160 #
2023/0129(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) only be granted to athe persons deemed to be in a position to exploit the protected invention in a manner that permits the proper carry out of the relevant activities of the crisis-relevant products and in accordance with the obligations referred to in Article 10.
Amendment 166 #
2023/0129(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The advisory body referred to in paragraph 1 shall be the advisory body competent for the Union crisis or emergency mechanism as listed in Annex I to thisFor the purposes of the present Regulation, (the ‘competent advisory body’). For the purposes of the present Regulation, referred to in paragraph 1 (‘the competent advisory body’) shall assist and advise the Commission as regards the following tasks:
Amendment 169 #
2023/0129(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the gathering of crisisontext-relevant information, market intelligence and the analysis of those data;
Amendment 171 #
2023/0129(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the facilitation of exchanges and sharing of information with other relevant institutional bodies and other crisis-relevant bodentities at Union and national level, as well as at international level, where appropriate;
Amendment 172 #
2023/0129(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) the identification of the rights protecting the crisis-relevant product;
Amendment 173 #
2023/0129(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f
Article 6 – paragraph 2 – point f
(f) the identification and consultation of the representatives of right holders or their representatives as well as potential licensees and consulting other stakeholders and economic operators, and the industrincluding industry, academia and civil society;
Amendment 178 #
2023/0129(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) shall ensure participation and invite representatives of other crisis-relevant institutional bodies at Union level as observers to the relevant meetings of the advisory body in order to ensure coherence with the measures implemented through other Union mechanisms; and
Amendment 181 #
2023/0129(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
(b) may invite representatives of the European Parliament, rto contribute to the meetings of the advisory body. Representatives of economic operators, right holders, potential licensees, stakeholder organisations, social partners and experts to attend meetings of the advisory bodymay be invited as observers.
Amendment 188 #
2023/0129(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Commission shall adopt an implementing act laying down the rules of procedure for the ad hoc advisory body referred to in paragraph 5. The rules of procedure shall specify that the ad hoc advisory body shall not be set up for a period exceeding the duration of the crisis or emergenforce stringent safeguards to avoid any potential conflicts of interest, and to ensure accountability and transparency. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 24 (3).
Amendment 189 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the nature of the public interest, crisis or emergency;
Amendment 190 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the scope of the public interest, crisis or emergency and how it is expected to evolve;
Amendment 191 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the shortage of crisis-or lack of access to relevant products and the existence of other means than a Union compulsory licence that could adequately and swiftly remedy such shortage.
Amendment 196 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 3 – introductory part
Article 7 – paragraph 3 – introductory part
3. Before the granting of a Union compulsory licence, the Commission shall give the rights-holder and the licensee an opportunity to comment in a reasonable delay on the following:
Amendment 201 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point a
Article 7 – paragraph 3 – point a
(a) the possibility to promptly reach a voluntary licensing agreement with manufacturers on intellectual property rights for the purpose of manufacturing, using and distributing the crisis-relevant products;
Amendment 212 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 6 – point b
Article 7 – paragraph 6 – point b
(b) the rights and interests of the rights-holder and the licensee;
Amendment 214 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 6 – point c
Article 7 – paragraph 6 – point c
(c) existing national compulsory licences and relevant procedures reported to the Commission in accordance with Article 22.
Amendment 215 #
2023/0129(COD)
Proposal for a regulation
Article 7 – paragraph 6 – point c a (new)
Article 7 – paragraph 6 – point c a (new)
(ca) the public interest identified.
Amendment 223 #
2023/0129(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the patent, patent application, supplementary protection certificate or utility model for which the licence is granted or, where the identification of those rights would significantly delay the granting of the licence, the non- proprietary name of the products which are to be manufactured under the licence;
Amendment 236 #
2023/0129(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The licensee shallmay pay an adequate remuneration to the rights-holder. The amount of the remuneration shall be determined by the Commission and specified in the Union compulsory licence.
Amendment 244 #
2023/0129(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point d a (new)
Article 9 – paragraph 3 – point d a (new)
(da) the possible disclosure of trade secrets for the purpose of exercising the Union compulsory licence pursuant to Article 13a(1), and the relevant limitations to the protection of trade secrets according to Directive (EU) 2016/943.
Amendment 248 #
2023/0129(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point a
Article 10 – paragraph 1 – subparagraph 1 – point a
(a) the number of crisis-relevant products manufactured under the Union compulsory licence does not exceed what is necessary to meet the needs of the Union;
Amendment 250 #
2023/0129(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point b
Article 10 – paragraph 1 – subparagraph 1 – point b
(b) the relevant activities are carried out solepredominantly for the supply of the crisis- relevant products in the Union market, unless intended for export for countries facing public health challenges regulated under Regulation 816/2006;
Amendment 252 #
2023/0129(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point c
Article 10 – paragraph 1 – subparagraph 1 – point c
Amendment 253 #
2023/0129(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point d
Article 10 – paragraph 1 – subparagraph 1 – point d
Amendment 254 #
2023/0129(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point e
Article 10 – paragraph 1 – subparagraph 1 – point e
Amendment 258 #
2023/0129(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The European Anti-Fraud Office (OLAF) in cooperation with the relevant national authorities of the Member States may, at the request of the rights-holder or on its own initiative, and on the basis of sufficient elements of proof of misuse, request access to books and records kept by the licensee, for the purpose of checking whether the content and the conditions of the Union compulsory licence, and in general the provisions of this Regulation, have been complied with.
Amendment 259 #
2023/0129(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Commission is empowered to adopt implementing acts establishing rules for the specific labelling or mregarkding referred to in paragraph 1, point (c), and for the packaging, colourthe conditions applicable under this Regulation, ing and shaping referred to in point (d) as well as rules for their use and, where relevant, their positioning on the producccordance with the requirements enshrined in the TRIPS Agreement. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2).
Amendment 260 #
Amendment 262 #
2023/0129(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The export ofproducts manufactured under a Union compulsory licence shall be authorised predominantly for the supply of the internal market, except for products manufactured under a Union compulsory licencse is prohibitedfor export under Regulation (EC) No 816/2006.
Amendment 264 #
2023/0129(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Where customs authorities identify a product that may fall under the prohibition laid down in Article 11, they shall suspend its export. Customs authorities shall immediately notify the Commission of the suspension and provide it with all relevant information to enable it to establish whether the product was manufactured under a Union compulsory license. To assess whether the suspended products correspond to the Union compulsory license, the Commission may consult the relevant rights-holder and refer to the requirements provided under Directive 2004/48/EC.
Amendment 266 #
2023/0129(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. In compliance with the good faith obligation, the rights-holder and the licensee shall make their best efforts to fulfil the objective of the Union compulsory licence. This may include but may not be limited to the full transfer of needed technology, knowhow, test data, samples and reference products needed for production and market authorisation, taking into account each other'sthe public interests.
Amendment 268 #
2023/0129(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Additional measures complementing the Union compulsory licence 1. Where necessary , the Commission shall decide, upon a reasoned request by the rights-holder or the licensee, or on its own initiative, on additional measures complementing the Union compulsory licence to ensure it achieves its objective as well as to facilitate and ensure the good collaboration between the rights-holder and the licensee. 2. Where necessary, the Commission shall request from the rights-holders the disclosure of trade secrets to the licensee in order to provide them with the necessary know-how, test data, samples and reference products to strictly achieve the objective of the Union compulsory licence as provided for in this Regulation. In such cases, the Commission shall order all appropriate measures necessary to preserve the confidentiality of trade secrets, in particular in relation to third parties. 3. Where the Commission considers modifying or adopting additional measures as referred to in paragraphs 1 and 2, it shall consult the advisory body referred to in Article 6. 4. Appropriate remuneration to the rights-holders in compensation for the disclosure of their trade secrets may be granted in accordance with Directive (EU) 2016/943.
Amendment 272 #
2023/0129(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall review the Union compulsory licence upon reasoned request by the rights-holder or the licensee or on its own initiative and shall, where needed, modify the specifications referred to in Article 8 by means of an implementing act. Where necessary and feasible, the Union compulsory licence shall be modified to indicate the complete list of rights and rights-holders covered by the compulsory licence.
Amendment 292 #
2023/0129(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
When a national compulsory licence has been granted for the public interest or for the purpose of addressing a national crisis or emergency, the Member State shall notify the Commission of the granting of the licence and of the specific conditions attached to it. The information provided shall include the following:
Amendment 293 #
2023/0129(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point d
Article 22 – paragraph 1 – point d
(d) the remuneration to be paid to the rights-holder, when relevant;
Amendment 294 #
2023/0129(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
Regulation (EC) No 816/2006
Article 18a
Article 18a
2. Any person may submit an application for a compulsory licence under paragraph 1. The application shall fulfil the requirements laid down in Article 6 (3) and shall specify the Member States to be covered by the compulsory licence.
Amendment 295 #
Amendment 296 #
2023/0129(COD)
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
It shall apply from [the first day of the month following the period of twelve months after the date of entry into force].
Amendment 300 #
Amendment 36 #
2023/0089(COD)
Proposal for a directive
Recital 9
Recital 9
(9) A preventive administrative or judicial control, should be ensured in all Member States in order to ensure reliability of cross-border company data. In respecting of Member States traditions, this may includinge the possible involvement of notaries, should be ensured in all Member States in order to ensure reliability of cross-border company datawhile this should never substitute the administrative or judicial control. A legality check of the company’s instrument of constitution, the company statutes if contained in a separate instrument, and of any amendment of such instruments and statutes, should be carried out, given that these are the most important documents concerning the company. Preventative control should also include minimum standards for the verification of the identity of founders and directors. Furthermore, in particular in the case of undertakings formed or reorganised on the basis of EU legislation, in particular Regulation (EC) No 2157/2001, Regulation (EC) No 1435/2003 and Directive (EU) 2019/2121, checks should also be performed if worker rights to information, consultation and participation have been respected.
Amendment 40 #
2023/0089(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The legality of company law transactions, the protection of reliable public registers and the prevention of illegal activities require the correct and secure identification of the participants in such transactions, including company founders and directors, as well as the verification of their legal capacity. TIn particular, the reliable identification of the customer in line with the ‘know-your- customer’ principle under the rules regarding anti-money laundering and combating the financing of terrorism (AML/CFT), is a prerequisite for any AML/CFT customer due diligence obligations and thus any money laundering and terrorist financing prevention. Therefore, for the procedures within the scope of this Directive, Member States should provide for electronic controls of identity, legal capacity and legality. Those electronic controls could include remote audio-visual identity controls, including electronic checks of identity photos.
Amendment 43 #
2023/0089(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Applying the ‘once-only’ principle entails that companies are not asked to submit the same information to public authorities more than once. For example, companies should not have to resubmit the company documents or information already submitted to the register where the company is registered when creating a subsidiary in another Member State. Instead, information about the company should be exchanged electronically, between the register where the company is registered and the register where a subsidiary is to be registered, using the system of interconnection of registers. Such information should be made available by the business register to any authority, body or person mandated under national law to deal with any aspect of the formation of a company. Documents or information transmitted as part of electronic communication through the system of interconnection of registers should not be denied legal effect or be considered inadmissible solely on the ground that they are transmitted in electronic form.
Amendment 46 #
2023/0089(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Cooperatives have an important place in many Member States. Therefore, where information on cooperatives is also included in national registers, this information should also be accessible at Union level through the system of interconnection of registers in the same way as for limited liability companies, with certain information to be made available free of charge, and they should be unequivocally identified through the European unique identifier (“EUID”).
Amendment 47 #
2023/0089(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In order to avoid unnecessary burden, the obligation to update the group information, at least once per year and upon request by a competent authority, should be on the ultimate parent or, where applicable, on the intermediate parent or on the subsidiary company governed by the law of a Member State. If no change has occurred within a year, such parent company or subsidiary company should confirm this to its register, which should record and make this information publicly available. In addition, each subsidiary company should be responsible for keeping the information related to its affiliation to the group in its register up to date. In this regard, the ultimate parent or, where applicable, the intermediate parent or the subsidiary company governed by the law of a Member State should provide any changes in the group information to the (other) subsidiaries without delay in order for the subsidiaries to fulfil in time the obligation to keep the group-related information in their register up to date.
Amendment 48 #
2023/0089(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In addition to common standards for checking company information before it is entered into the register, it is necessary to ensure that the information in the register is kept up to date. The Financial Action Task Force recommendation 24 ‘Transparency and beneficial ownership of legal persons’, as revised in March 2022, includes requirements that company information in business registers be kept accurate and up to date. It is also in companies’ interest to make sure that their information is updated in the register because this information, including the EU Company Certificate, can be relied on by third parties. Therefore, companies should be required to disclose changes to company information without unnecessary delay and the registers should record and make available such changes in a timely manner. While the deadline for the publication of accounting documents is regulated by Directive 2013/34/EU of the European Parliament and of the Council55 , the registers should also make them publicly available without unnecessary delay. In addition, in order to further enhance the reliability of company data, companies should confirm once per calendar year as well as upon request by a competent authority, that their information in the business register is up to date, including when no change occurred. Companies may do this together with the filing of other changes or when filing accounting documents. _________________ 55 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
Amendment 52 #
2023/0089(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In the single market, companies should be able to prove that their company is legally incorporated in a Member State through simple and reliable means, which are recognised cross-border by other Member States. Therefore, a harmonised EU Company Certificate should be established. Companies could apply for such an EU Company Certificate to use it for different purposes, including for administrative procedures before national authorities and court proceedings in other Member States or before EU institutions and bodies. Such EU Company Certificate should be issued and certified by the national business registers, should include essential company information used by companies in cross-border situations, including the company name, its registered office and legal representatives, and should be available in all official languages of the Union. The electronic EU Company Certificate should be authenticated by using trust services as referred to in Regulation (EU) No 910/201456 . This EU Company Certificate wshould also be accessible to third parties, including authorities and employee representatives, which need reliable essential information about companies. While Member States should be allowed to charge a fee for obtaining an EU Company Certificate, rRegisters should be required to provide, upon request, each company registered in that register with its own EU Company Certificate free of charge at least once a year. Registers and authorities in other Member States should accept an EU Company Certificate in accordance with this Directive. _________________ 56 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
Amendment 54 #
2023/0089(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to further facilitate cross- border procedures for companies and simplify and reduce formalities, such as apostille or translation, a digital EU power of attorney should be established. The digital EU power of attorney will be a multilingual standard model based on a common European template which companies may choose to use in cross- border situations. It should have a minimum mandatory content, while it would be drawn up in accordance with national legal and formal requirements. The standard digital EU power of attorney would only exist in digital form and it should be authenticated by using trust services as referred to in Regulation (EU) No 910/2014 and in accordance with the assurance level ‘high’. In addition, in order to contribute to higher security of transactions, the digital EU power of attorney should be filed in the register of the company where third parties that can demonstrate legitimate interest can consult it. In particular, third parties, such as lawyers, notaries, credit and financial institutions or competent authorities to whom the digital EU power of attorney is presented, could thus verify the existence of these powers in the register of the company. Member States may also require that the digital EU power of attorney is filed, in addition, in another register in accordance with national law. In order to overcome language barriers and facilitate their use, the template for an EU Company Certificate and a standard model of the digital EU power of attorney should be available on the E-justice portal in all Union languages.
Amendment 57 #
2023/0089(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to help companies, and in particular SMEs, to expand their business activities cross-border more easily, the ‘once-only’ principle should be further developed in cases where companies register branches in another Member State. The information about the company registering the cross-border branch should be retrieved electronically from the register of the company by the register of the branch through the system of interconnection of registers. This exchange of information, as any other exchange of information between registers through the system of interconnection of registers, will be carried out via secure transmission between national registers, which ensures that the information can be trusted and should not be required to be certified or subject to any legalisation or similar formality. Documents or information transmitted as part of electronic communication through the system of interconnection of registers should not be denied legal effect or be considered inadmissible solely on the ground that they are in electronic form.
Amendment 61 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall provide for preventive administrative or judicial control, at the time of the formation of a company, of the instrument of constitution, the company statutes and any amendments to those documents. Member States may provide that those documents shall be drawn up and certified in due legal form, in accordance with national law.
Amendment 63 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 10 – paragraph 2 – subparagraph 2 – point c
Article 10 – paragraph 2 – subparagraph 2 – point c
(c) there are no evident substantive legal irregularitiesrequirements are met; and
Amendment 64 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 10 – paragraph 2 – subparagraph 2 – point d a
Article 10 – paragraph 2 – subparagraph 2 – point d a
(da) the identity of the company’s founders and directors has been verified;
Amendment 65 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 10 – paragraph 2 – subparagraph 2 – point d b
Article 10 – paragraph 2 – subparagraph 2 – point d b
Amendment 66 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 10 – paragraph 2 – subparagraph 2 – point c
Article 10 – paragraph 2 – subparagraph 2 – point c
(dc) it is verified that, for undertakings founded on the basis of EU legislation, in particular Regulation (EC) No 2157/2001, Regulation (EC) No 1435/2003 and Directive (EU) 2019/2121, agreements required in accordance with this legislation on worker information, consultation and participation have been concluded;
Amendment 67 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 10 – paragraph 2 – subparagraph 2 – point c
Article 10 – paragraph 2 – subparagraph 2 – point c
(dd) ultimate beneficial owners have been identified and verification of their identities is not solely based on self- declaration.
Amendment 78 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 12 – point a
Article 2 – paragraph 1 – point 12 – point a
Directive (EU) 2017/1132
Article 13 g – paragraph 2 a – subparagraph 3 a (new)
Article 13 g – paragraph 2 a – subparagraph 3 a (new)
Documents or information transmitted as part of electronic communication through the system of interconnection of registers shall not be denied legal effect or be considered inadmissible solely on the ground that they are transmitted in electronic form.
Amendment 80 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 15 – point b
Article 2 – paragraph 1 – point 15 – point b
Directive (EU) 2017/1132
Article 14 – point m a (new)
Article 14 – point m a (new)
(ma) the number of employees as reported at the end of the last fiscal year;
Amendment 82 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 15 – point b
Article 2 – paragraph 1 – point 15 – point b
Directive (EU) 2017/1132
Article 14 – point m b (new)
Article 14 – point m b (new)
(mb) the NACE sectors of activity;
Amendment 83 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 15 – point b
Article 2 – paragraph 1 – point 15 – point b
Directive (EU) 2017/1132
Article 14 – point m c (new)
Article 14 – point m c (new)
(mc) for companies founded on the basis of EU legislation, in particular Regulation (EC) No 2157/2001, Regulation (EC) No 1435/2003 and Directive (EU) 2019/2121, the agreements required in accordance with this legislation on worker information, consultation and participation have been concluded.
Amendment 85 #
2023/0089(COD)
(g) the instrument of constitution, and the statutes if they are contained in a separate instrument, if these documents are required by national law;
Amendment 88 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2017/1132
Article 14 b – paragraph 6
Article 14 b – paragraph 6
6. The ultimate parent company or, where applicable, the intermediate parent company or the subsidiary company referred to in paragraph 2 shall at least once per year as well as upon request of a competent authority, and in any case no later than the date of the disclosure of the accounting documents and, if no such disclosure is required, by the end of the financial year, update the information required in paragraphs 1 to 3, where applicable, or confirm that no changes to the group structure have occurred.
Amendment 89 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
Directive (EU) 2017/1132
Article 14 b – paragraph 8
Article 14 b – paragraph 8
8. In the case of changes to the information referred to in paragraph 5, each subsidiary company of the group governed by the law of a Member State, including any intermediate parent company, shall disclose such changes in the register where it is registered within a deadline of twoone weeks as from the date the changes were made.
Amendment 91 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
Directive (EU) 2017/1132
Article 14 c (new)
Article 14 c (new)
Amendment 93 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Directive (EU) 2017/1132
Article 15 – paragraph 2 – point c
Article 15 – paragraph 2 – point c
(c) that companies listed in Annexes II and IIB confirm once every calendar year as well as upon request by a competent authority, that the information about the company in the register is up to date and that the registers make publicly available the date when the company provided that confirmation or updated the information;
Amendment 94 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2017/1132
Article 16 b – paragraph 1 – subparagraph 1 a (new)
Article 16 b – paragraph 1 – subparagraph 1 a (new)
1a. A Member State may decide to only recognise register data from another Member State as evidence where the register data of that Member State are subject to an equivalent level of preventive scrutiny before the entry into the register of the Member State concerned, taking into account objective criteria, including the reliability of identity and legality checks. Member States shall notify the Commission of any registers whose data shall not be recognised as evidence. The Commission shall publish the list of registers on the portal in all official languages of the Union.
Amendment 95 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21 Directive (EU) 2017/1132
Article 2 – paragraph 1 – point 21 Directive (EU) 2017/1132
(f) the postal orand contact address of the company;
Amendment 96 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2017/1132
Article 16 b – paragraph 2 – point g
Article 16 b – paragraph 2 – point g
(g) the electronic address of the company and details of the company website;
Amendment 97 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2017/1132
Article 16 b – paragraph 2 – point j
Article 16 b – paragraph 2 – point j
(j) the status of the company, including whether it is economically active or inactive or undergoing insolvency proceedings;
Amendment 98 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2017/1132
Article 16 b – paragraph 2 – point n
Article 16 b – paragraph 2 – point n
(n) details of the company website where such details are recorded in the national register.;
Amendment 100 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2017/1132
Article 16 b – paragraph 2 – point n a
Article 16 b – paragraph 2 – point n a
(na) the number of employees at the end of the last fiscal year;
Amendment 102 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2017/1132
Article 16 b – paragraph 2 – point n b
Article 16 b – paragraph 2 – point n b
(nb) the NACE sectors of activity.
Amendment 103 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
Directive (EU) 2017/1132
Article 16 b – paragraph 5 – subparagraph 2
Article 16 b – paragraph 5 – subparagraph 2
Member States shall ensure that each company listed in Annexes II and IIB as well as third parties, including authorities, workers' representatives and other stakeholders, which need reliable essential information about companies, may obtain its EU Company Certificate in electronic format free of charge at least once per calendar year.
Amendment 121 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
4. IfOnly in cases where the authenticity and accuracy of the copies and extracts of documents and information is not confirmed by the register from which it requests information, the requesting authority may decide not to accept them.
Amendment 126 #
2023/0089(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 32
Article 2 – paragraph 1 – point 32
Directive (EU) 2017/1132
Article 28 a – paragraph 5 a – subparagraph 1
Article 28 a – paragraph 5 a – subparagraph 1
Member States shall ensure that where a company listed in Annexes II or IIB registers a branch in another Member State, the register where the branch is being registered shall retrieve through the system of interconnection of registers the documents and information about the company relevant for the procedure of registration available in the register of the Member State where that company is registered, and the company shall not be requested to provide those. The register may also retrieve the EU Company Certificate under Article 16b. Member States shall also apply this paragraph to any other forms of registration of branches than fully online. Documents or information transmitted as part of electronic communication through the system of interconnection of registers shall not be denied legal effect or be considered inadmissible solely on the ground that they are in electronic form.
Amendment 15 #
2022/2195(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes Uzbekistan's efforts to eradicate the worst forms of child labor and sexual exploitation by bringing its legislation into compliance with international standards and introducing more adequate penalties for individuals who commit such crimes; commends the elimination of systemic child labor in the cotton harvest but expresses concern on still widespread individual cases in the cotton industry and beyond where children occasionally are still used as labor force; urges Uzbekistan government to make data on child labor more transparent for all stakeholders and allow registration of NGOs working on the issue of forced labor, child labor and exploitation;
Amendment 17 #
2022/2195(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Welcomes that after years of intense policy advocacy and campaigning, led by Uzbek and international civil society, state-imposed forced labour is no longer systematically used in the cotton harvest; is concerned that independent monitoring shows that human rights risks, including individual cases of forced labour, remain in the cotton industry; is concerned that independent groups that conduct field level monitoring and capacity building are unable to register and operate freely; calls on Uzbekistan to introduce broader reforms to empower civil society and develop effective institutions to provide transparency and accountability and consolidate progress across all parts of the cotton sector;
Amendment 18 #
2022/2195(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates the importance of Uzbekistan’s membership of the Generalised Scheme of Preferences Plus, which contributes to economic growthsustainable development and economic diversification and yields very positive results (exports to the EU increased by 34 % in 2021); underlines that joining this arrangement entails a commitment to effective implementation of 27 core international conventions on human and labour rights, environmental and climate protection and good governance; calls on the Commission to prioritise the impact of the upcoming constitutional referendum in its ongoing monitoring of Uzbekistan’s GSP+ obligations, as well the decriminalisation of homosexuality; calls on Uzbekistan to uphold its commitments to effectively implement ILO Convention 87 on Freedom of Association and Protection of the Right to Organise and Convention 98 on the Right to Organise and Collective Bargaining and encourages the ratification of the ILO Minimum Wage Fixing Convention (No. 131);
Amendment 31 #
2022/2195(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that owing to the lack of direct access to seaports, developing infrastructure and logistics corridors, in particular the Trans-Caspian International Transport Route, is crucially important for trade and for connecting Uzbekistan with the markets of potential trading partners;
Amendment 27 #
2022/2188(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is deeply concerned by the Retained EU Law BillAct, which, if adopted, could bring about a number of negative consequences that could lead to creates uncertainty for businesses and stakeholders on both sides of the Channel and wcould undermine workers’ rightremove existing rights derived from EU law from workers in the UK;
Amendment 31 #
2022/2188(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the full operationalisation of the TCA’s institutional framework in 2022 and the good functioning of the joint bodies under the Agreement; regrets that the sectoral Working Groups under the Trade Specialised Committee on Technical Barriers to Trade as well as the Working Group on Security of Energy Supply have not yet been convened;
Amendment 35 #
2022/2188(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the establishment of the EU Domestic Advisory Group (DAG) in accordance with Article 13 of the TCA, composed of 24 representatives of civil society organisations and six representatives of the European Economic and Social Committee; notes that the first meeting of the EU DAG and the UK DAG was held on 3 October 2022 and welcomes the joint declaration issued as an outcome of this meeting; underlines the need for well-balanced and representative DAGs, including the proportionate representation of employers and workertrade unions, and geographical representation of all parts of the UK;
Amendment 36 #
2022/2188(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reaffirms Parliament’s commitment to closely monitor the implementation of the TCA, in close cooperation with the EU DAG; recalls that the Commission should immediately and regularly provide Parliament with information relating to the implementation of TCA, if necessary on a confidential basis; welcomes the continued good cooperation between Parliament and the Commission;
Amendment 50 #
2022/2188(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Agrees with the Commission that the horizontal and product-specific rules in the TCA are satisfactory and that product- specific rules should not be revisited beyond technical adaptations, as these rules strike a fair balance while contributing to the Union’s overarching objective of achieving strategic autonomy in essential sectors; calls, however, for reasonable solutions to be found with regard to the upcoming changes to the rules of origin for electric vehicles, given the difficulties encountered by EU manufacturers in sourcing parts, in particular batteries, from within the EU; calls on the UK and the EU, as like-minded partners, to explore new avenues for cooperation on the supply of raw materials, the development of net-zero technologies, green corridors and efficient electricity trading arrangements and other global trade issues;
Amendment 64 #
2022/2188(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Urges the UK Government and Parliament to acknowledge the complications that would stem from any unnecessary systematic regulatory divergence, in particular in the area of the protection of employment and social rights, environment, personal data, State aid, digital trade and taxation, which could only create additional issues as regards level playing field commitments in the TCA, as well as for EU and UK businesses and EU- UK trade;
Amendment 70 #
2022/2188(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the amendment of the sunset clause in the Retained EU Law (Revocation and Reform) BillAct which was and remains a cause of concern, and stresses that the European Parliament will continue following the legislative developments in the UK in this regard; calls for the strengthening of EU-UK regulatory cooperation to minimise likely divergences; calls on the Commission to continue to closely monitor regulatory divergences in the UK, which could pose a risk of non-compliance with the TCA, notably in areas relevant to the level playing field such as subsidy control, taxation, labour and social standards, the environment and climate; considers, in this context, that the active involvement of the DAG and the Civil Society Forum provides a valuable contribution to the process; highlights the particular challenge that monitoring and managing regulatory divergence poses for Northern Ireland;
Amendment 2 #
2022/2154(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to Article 7(a) of the Convention on the Elimination of All Forms of Discrimination against Women
Amendment 13 #
2022/2154(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas long-established liberal democracies, including in the European Union, are witnessing worrisome trends of deterioration of their democratic fabric, as exemplified by the rise in illiberalism in some Member States, decreasing levels of participation in elections, growing disillusionment with mainstream political parties and leadership and the growth of far-right parties; whereas such trends, if unaddressed, undermine the credibility of the EU and Member States to act as a global leader in the promotion of democracy worldwide and to engage with authoritarian and illiberal regimes on such matters;
Amendment 14 #
2022/2154(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas entire social groups such as minorities, disabled persons, non- residents and homeless populations continue to face challenges and discrimination in enjoying their right to participate in elections in EU Member States;
Amendment 18 #
2022/2154(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the right to participate in genuine elections is not respected in autocratic and illiberal regimes, which conduct sham elections with the goal of entrenching their power and create legal and administrative barriers so that the will of the people cannot be reflected; whereas such elections are not free and fair, lack real political contestation and place undue restrictions on the right to both vote and be elected;
Amendment 34 #
2022/2154(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas Hungary deployed for the first time in the history of any EU Member State a team of government- friendly election observers to observe its parliamentary elections in 2022, which praised the conduct of the elections, expressed support for the government and criticised the work of the OSCE ODIHR election observation mission;
Amendment 42 #
2022/2154(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the EU should adopt a systematic approach concerning the right to participate, including by demonstrating its strong link with human rights, democracy and the rule of law and by addressing electoral shortcomings in a consistent manner, including when they occur in close partner countries;
Amendment 51 #
2022/2154(INI)
Motion for a resolution
Paragraph 1 – point b a (new)
Paragraph 1 – point b a (new)
(ba) address in a systematic and robust manner the attempts by third countries to restrict the enjoyment of the right to participate of minorities, youth, women, indigenous groups and other social groups;
Amendment 52 #
2022/2154(INI)
Motion for a resolution
Paragraph 1 – point b b (new)
Paragraph 1 – point b b (new)
(bb) engage with third countries to ensure an accessible and enabling environment for persons with disabilities, which allows them to participate in the political and public life of their communities; highlights in particular the need to address legal and administrative barriers to political participation; making voting procedures, facilities and election materials more accessible; expanding opportunities for participation in political and public life; increasing awareness of the right to political participation of persons with disabilities; and collecting data to measure the political participation of persons with disabilities:
Amendment 57 #
2022/2154(INI)
Motion for a resolution
Paragraph 1 – point d a (new)
Paragraph 1 – point d a (new)
(da) with a view to strengthening the legitimacy and credibility of its external action in this area, acknowledge and address internal shortcomings in the enjoyment of the right to participate within the European Union, notably for national minorities, women, persons with disabilities and other marginalised or vulnerable groups, who are among the social groups that continue to face specific challenges and discrimination in this regard;
Amendment 61 #
2022/2154(INI)
Motion for a resolution
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
(ea) ensure that EU public statements and other messaging on electoral outcomes in third countries are strictly in line with its values related to democracy, human rights and elections, are consistent with the findings of international observation missions and do not contribute to create false internal perceptions of elections when the latter fail to respect international standards;
Amendment 68 #
2022/2154(INI)
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
(ga) monitor and denounce the role of private companies specialised in disinformation campaigns and that offer to covertly meddle in elections and manipulate public opinions in third countries; take effective action to ensure that EU-based public affairs, media and on-line companies do not engage in such behaviour and strictly respect the right to privacy and uphold the same level of data protection in partner countries as they are obliged to do under GDPR in the EU, particularly during election campaigns; urges these companies to abide by the UN Guiding Principles on Business and Human Rights and to be held accountable when they fail to do so;
Amendment 69 #
2022/2154(INI)
Motion for a resolution
Paragraph 1 – point g b (new)
Paragraph 1 – point g b (new)
(gb) address attempts to discredit the work of genuine international election observation missions by EU Member States through the deployment of biased election observers to monitor domestic national elections, such as Hungary's parliamentary elections in 2022;
Amendment 74 #
2022/2154(INI)
Motion for a resolution
Paragraph 1 – point h a (new)
Paragraph 1 – point h a (new)
(ha) support citizen observer groups throughout the electoral cycle to allow them to advocate for electoral reform; support regional networks of citizen observers that provide solidarity, capacity building and exchange of experience with local groups; respond publicly and forcefully when citizen observer groups are challenged or under threat;
Amendment 76 #
2022/2154(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) mainstream information about genuine elections and people’s right to participate in them, in the context of support for human rights and democratisation in the projects under the Neighbourhood, Development and International Cooperation Instrument – Global Europe and the Instrument for Pre- Accession Assistance, including support for election observers as human rights defenders; support the Global Campus of Human Rights to that end; support programmes aiming to improve the electoral legislative and administrative framework in third countries, including through support to national elections commissions;
Amendment 84 #
2022/2154(INI)
Motion for a resolution
Paragraph 1 – point k
Paragraph 1 – point k
(k) give more support to initiatives related to election observation training and knowledge building at local, regional and international level;
Amendment 89 #
2022/2154(INI)
Motion for a resolution
Paragraph 1 – point l
Paragraph 1 – point l
(l) explore the possibility of introducing a standing invitation for election observation within the democratic clause in EU agreements, the Generalised Scheme of Preferences and equivalent mechanisms, given the current reluctance of many countries to send election observation invitations to the EU; support Parliament’s Democracy Support and Election Coordination Group and its work, especially in the framework of election observation;
Amendment 104 #
2022/2154(INI)
Motion for a resolution
Paragraph 1 – point q
Paragraph 1 – point q
(q) forge acontinue to support the activities of the Declaration of Principles For International Election Observation community, which includes coalition of democratic countries and multilateral institutions, such as the OSCE Office for Democratic Institutions and Human Rights and the Council of Europe, as the main tool for coordination to counter the legitimisation of fake elections more effectively in international forums, in particular the UN;
Amendment 110 #
2022/2154(INI)
Motion for a resolution
Paragraph 1 – point t
Paragraph 1 – point t
(t) lead the efforts to give more visibility to the UN Declaration Of Principles For International Election Observation and the work of those organisations that signendorsed it and are active in election observation; consider calling for the list of signatorieendorsing organisations to the Declaration Of Principles For International Election Observation to be updated, with a view to reinforcing its credibility and establishing a clear-cut way of differentiating between genuine observation groups and fake observers; explore ways to undermine the legitimacy of shadow organisations and fake observers;
Amendment 19 #
2022/0406(COD)
Proposal for a directive
Recital 1
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 workers, are continuously safeguarded.
Amendment 28 #
2022/0406(COD)
Proposal for a directive
Recital 5
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.
Amendment 33 #
2022/0406(COD)
Proposal for a directive
Recital 8
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 and workers in accordance with this Directive as a minimum. 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. The introduction of new national provisions on multiple-vote share structures in situations not covered by this Directive should not be allowed.
Amendment 39 #
2022/0406(COD)
Proposal for a directive
Recital 11
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 policies. 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.
Amendment 42 #
2022/0406(COD)
Proposal for a directive
Recital 12
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.
Amendment 44 #
2022/0406(COD)
Proposal for a directive
Recital 13
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.
Amendment 46 #
2022/0406(COD)
Proposal for a directive
Recital 15
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 53 years following the date of transposition. and every 3 years thereafter.
Amendment 47 #
2022/0406(COD)
Proposal for a directive
Article 1 – paragraph 1
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.
Amendment 55 #
2022/0406(COD)
Proposal for a directive
Article 2 – paragraph 1 – point f a (new)
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;
Amendment 57 #
2022/0406(COD)
Proposal for a directive
Article 3 – title
Article 3 – title
Amendment 58 #
2022/0406(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States mayshall not introduce or maintain in force national provisions that allow companies to adopt multiple-vote share structures in situations not covered by this Directivenew 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.
Amendment 65 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
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:
Amendment 68 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b – introductory part
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:
Amendment 71 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b – point i
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;
Amendment 73 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b – point i a (new)
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);
Amendment 75 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b – point i b (new)
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);
Amendment 76 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b – point i c (new)
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;
Amendment 77 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b – point i d (new)
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;
Amendment 78 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b – point i e (new)
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,
Amendment 79 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b – point i f (new)
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;
Amendment 83 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
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.
Amendment 84 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 2 – introductory part
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).
Amendment 88 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
Amendment 90 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 94 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
Amendment 97 #
2022/0406(COD)
Proposal for a directive
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
Amendment 100 #
2022/0406(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
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:
Amendment 101 #
2022/0406(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(c a) the convergences and divergences between the multiple-vote share structures existing in Member States following the implementation of this Directive.
Amendment 102 #
2022/0406(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Prior to the drafting of the report, the Commission shall also make use of information provided by and regular exchanges with relevant stakeholders, in particular European and national representatives of SMEs, shareholders and workers.
Amendment 103 #
2022/0406(COD)
Proposal for a directive
Article 8 – paragraph 1
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.
Amendment 59 #
2022/0402(CNS)
Proposal for a regulation
Recital 2
Recital 2
(2) This Regulation concerns the recognition in a Member State of the parenthood of a child as established in another Member State. ItAll Member States are bound to act in the best interest of a child, including by safeguarding the fundamental right of every child to family and the prohibition to discriminate a child on the basis of their parents’ marital status or sexual orientation, or the way the child was conceived. This Regulation therefore aims to protect the fundamental rights and other rights of children in matters concerning their parenthood in cross-border situations, including their right to an identity31 , to non- discrimination32 and to a private and family life33 , taking the best interests of the child as a primary consideration34 . It aims to ensure that a child never gets legally separated from a parent due to the cross- border nature of the situation in which they find themselves. This Regulation also aims to provide legal certainty and predictability and to reduce litigation costs and burden for families, whether they are traditional or non-traditional, national courts and other competent authorities in connection with proceedings for the recognition of parenthood in another Member State. To attain these aims, this Regulation should require Member States to recognise for all purposes the parenthood of a child as established in another Member State. _________________ 31 Article 8 of the UN Convention on the Rights of the Child. 32 Article 2 of the UN Convention on the Rights of the Child, Article 21 of the Charter of Fundamental Rights of the European Union. 33 Article 9 of the UN Convention on the Rights of the Child, Articles 7 and 24 of the Charter of Fundamental Rights of the European Union. 34 Article 3 of the UN Convention on the Rights of the Child, Article 24 of the Charter of Fundamental Rights of the European Union.
Amendment 69 #
2022/0402(CNS)
Proposal for a regulation
Recital 8
Recital 8
(8) While the Union has competence to adopt measures on family law with cross- border implications such as rules on international jurisdiction, applicable law and the recognition of parenthood between Member States, to date the Union has not adopted provisions in those areas as regards parenthood. The Member States’ provisions currently applicable in these areas differ, leading to legal gaps and uncertainty for children, families as well as administrative and court officials involved .
Amendment 75 #
2022/0402(CNS)
Proposal for a regulation
Recital 10
Recital 10
(10) As a result of the absence of Union provisions on international jurisdiction and applicable law for the establishment of parenthood in cross-border situations and on the recognition of parenthood between Member States, families may encounter difficulties in having the parenthood of their children recognised for all purposes within the Union, including when they move to another Member State or return to their Member State of origin.
Amendment 79 #
2022/0402(CNS)
Proposal for a regulation
Recital 12
Recital 12
(12) In 2020 the Commission announced measures47 to ensure that the parenthood established in a Member State would be recognised in all other Member States. This initiative was included in the 2020 EU LGBTIQ Equality Strategy48 and the 2021 EU Strategy on the rights of the child49 as a key action to support equality and the rights of children. In particular children in rainbow families and other types of non- traditional families face difficulties and discrimination in cross-border situations due to the legal gaps in the recognition of parenthood. The European Parliament welcomed the Commission’s initiative in its 2021 Resolution on LGBTIQ rights in the EU50 and in its 2022 Resolution on the protection of the rights of the child in civil, administrative and family law proceedings51 . _________________ 47 State of the Union Address by Commission President von der Leyen at the European Parliament Plenary, 20 September 2020. 48 Union of Equality: LGBTIQ Equality Strategy 2020-2025, COM(2020) 698 final. 49 EU Strategy on the rights of the child, COM(2021) 142 final. 50 European Parliament resolution of 14 September 2021 on LGBTIQ rights in the EU (2021/2679(RSP)). 51 European Parliament resolution of 5 April 2022 on the protection of the rights of the child in civil, administrative and family law proceedings (2021/2060(INI)).
Amendment 80 #
2022/0402(CNS)
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, including Directive 2004/38/EC. For instance, Member States must already today recognise a parent-child relationship for the purposes of permitting children to exercise, with each of their twovery parents, the right to move and reside freely within the territory of the Member States without impediment, and to exercise all the rights that the child derives from Union law. This Regulation does not provide for any additional conditions or requirements for the exercise of such rights.
Amendment 83 #
2022/0402(CNS)
Proposal for a regulation
Recital 14
Recital 14
(14) Under Article 21 TFEU and secondary legislation relating thereto as interpreted by the Court of Justice, the respect of a Member State’s national identity under Article 4(2) TEU and a Member State’s public policy cannot serve as justification to refuse to recognise a parent-child relationship between children and their same-sex parents for the purposes of exercising the rights that a child derives from Union law. This prohibition is therefore to be strictly respected by Member States in the application of this Regulation. In addition, for the purposes of exercising such rights, proof of parenthood can be presented by any means52 . Therefore, a Member State is not entitled to require that a person presents either the attestations provided for in this Regulation accompanying a court decision or an authentic instrument on parenthood, or the European Certificate of Parenthood created by this Regulation, where the person invokes, in the context of the exercise of the right to free movement, rights that a child derives from Union law. This should not, however, prevent a person from choosing to present in such cases also the relevant attestation or the European Certificate of Parenthood provided for in this Regulation. To ensure that Union citizens and their family members are informed that the rights that a child derives from Union law are not affected by this Regulation, the forms of the attestations and of the European Certificate of Parenthood annexed to this Regulation should include a statement specifying that the relevant attestation or the European Certificate of Parenthood do not affect the rights that a child derives from Union law, in particular the rights that a child enjoys under Union law on free movement, and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. _________________ 52 Judgments of the Court of Justice of 25 July 2002, C-459/99, MRAX, ECLI:EU:C:2002:461, paragraphs 61 and 62, and of 17 February 2005, C-215/03, Oulane, ECLI:EU:C:2005:95, paragraphs 23 to 26.
Amendment 84 #
2022/0402(CNS)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Member States should organise training for all persons potentially dealing with these matters, including judges, lawyers, and public administration officials. They should be supported in this by the Commission and the European Judicial Training Network.
Amendment 99 #
2022/0402(CNS)
Proposal for a regulation
Recital 21
Recital 21
(21) In conformity with the provisions of international conventions and Union law, this Regulation should ensure that children enjoy their rights and maintain their legal status in cross-border situations without discrimination. To that effect, and in the light of the case law of the Court of Justice, including on mutual trust between Member States, and of the European Court on Human Rights, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State irrespective of how the child was conceived or born and irrespective of the child’s type of family, and including domestic adoption. Therefore, subject to the application of the rules on applicable law of this Regulation, this Regulation should cover the recognition in a Member State of the parenthood established in another Member State of a child with same-sex parents, a transgender parent or a single parent . This Regulation should also cover the recognition in a Member State of the parenthood of a child adopted domestically in another Member State under the rules governing domestic adoption in that Member State.
Amendment 160 #
2022/0402(CNS)
Proposal for a regulation
Recital 49
Recital 49
(49) The fundamental right of a child to be heard in all matters affecting them, has been incorporated in both article 12 of the UN Convention on the Rights of the Child as well as in article 24(1) of the EU Fundamental Rights Charter. Proceedings on the establishment of parenthood under this Regulation should, as a basic therefore abide by this principle, and provide children below the age of 18 years who are subject to those proceedings and who are capable of forming their own views, in accordance with the case law of the Court of Justice, with a genuine and effective opportunity to express their views, feelings and wishes and, when assessing the best interests of the child, due weight should be given to those views. This Regulation should, however, leave the question of who will hear the child and how the child will be heard to be determined by the national law and procedure of the Member States. In addition, while remaining a right of the child, hearing the child should not constitute an absolute obligation although it should be assessed taking into account the best interests of the child.
Amendment 176 #
2022/0402(CNS)
Proposal for a regulation
Recital 56
Recital 56
Amendment 218 #
2022/0402(CNS)
Proposal for a regulation
Recital 75
Recital 75
Amendment 250 #
2022/0402(CNS)
Proposal for a regulation
Recital 83
Recital 83
(83) The European electronic access point should allow natural persons or their legal representatives to launch a request for a European Certificate of Parenthood and to receive and send that Certificate electronically. It should also allow them to communicate electronically with Member State courts or other competent authorities in proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument on parenthood, or proceedings for the refusal of recognition of a court decision or an authentic instrument on parenthoodunder this Regulation. Member State courts or other competent authorities should communicate with citizens through the European electronic access point only where the citizen has given prior express consent to the use of this means of communication.
Amendment 257 #
2022/0402(CNS)
Proposal for a regulation
Recital 89 a (new)
Recital 89 a (new)
Amendment 289 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
1. ‘parenthood’ means the parent- child relationshiprelationship between a child and a parent as established in law. It includes the legal status of being the child of a particular parent or parents;
Amendment 303 #
2022/0402(CNS)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
This Regulation shall not affect the competence of the authorities of the Member States to deal with parenthood matters without any cross-border dimension .
Amendment 321 #
2022/0402(CNS)
Proposal for a regulation
Article 15 – title
Article 15 – title
15 Right of the children to express their views and be heard
Amendment 322 #
2022/0402(CNS)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. When exercising their jurisdiction under this Regulation, the courts of the Member States shall, in accordance with national law and procedure, support and provide a children below the age of 18 years whose parenthood is to be established and who are capable of forming their own views, with a genuine and effective opportunity to express their views, emotions and wishes either directly or through a representative or an appropriate body.
Amendment 323 #
2022/0402(CNS)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Where the court, in accordance with national law and procedure, gives a children below the age of 18 years an opportunity to express their views in accordance with this Article, the court shall give due weight to the views, emotions and wishes of the children in accordance with their age and maturity.
Amendment 344 #
2022/0402(CNS)
Proposal for a regulation
Article 22
Article 22
Amendment 371 #
2022/0402(CNS)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The attestation shall be completed and issued in the language of the court decision. TUpon request of a party, the attestation mayshall also be issued in another official language of the institutions of the European Union requested by the party. This does not cre. Member States any obligation for the court issuing the attestation to provide a translation or transliteration of the translatable content of the free text fieldsre to decide whether such a translation or transliteration is to be provided by the court and/or a public administration body.
Amendment 374 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
Amendment 379 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 1 – point c
Article 31 – paragraph 1 – point c
(c) upon application and presentation of evidence by any person claiming that the court decision infringes his fatherhood or her mothertheir parenthood over the child if it was given without such person having been given an opportunity to be heard;
Amendment 384 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 398 #
2022/0402(CNS)
Proposal for a regulation
Article 32 – paragraph 7 – introductory part
Article 32 – paragraph 7 – introductory part
7. The court mayshall dispense with the production of the documents referred to in paragraph 4 if:
Amendment 400 #
2022/0402(CNS)
1. Any party with an established legitimate interest may challenge or appeal against a court decision on the application for refusal of recognition.
Amendment 419 #
2022/0402(CNS)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The attestation shall be completed in the language of the authentic instrument. It mayUpon request of a party, the attestation shall also be issued in another official language of the institutions of the European Union requested by the party. This does not cre. Member States any obligation for the competent authority issuing the attestation to provide a translation or transliteration of the translatable content of the free text fieldsre to decide whether such a translation or transliteration is to be provided by the court and/or a public administration body.
Amendment 422 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
Amendment 428 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
Amendment 436 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. The recognition of an authentic instrument establishing parenthood with binding legal effect may be refused if it was formally drawn up or registered without children having been given an opportunity to express their views. Where the children were below the age of 18 years, this provision shall apply where the children were capable of forming their views in accordance with article 15.
Amendment 440 #
2022/0402(CNS)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
The jurisdiction of the court of the Member State of origin establishing parenthood may not be reviewed. The test of public policy referred to in point (a) of Article 31(1) may not be applied to the rules relating to jurisdiction set out in Articles 6 to 9.
Amendment 447 #
2022/0402(CNS)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. An applicant who, in the Member State of origin, has benefited from complete or partial legal aid or exemption from costs or expenses shall be entitled, in the proceedings provided for in Article 25(1) and Article 32, to benefit from the most favourable legal aid or the most extensive exemption from costs and expenses provided for by the law of the Member State in which proceedings are brought. The competent authority in the Member State of origin shall provide such statement free of cost and within two weeks after receiving a request from the party.
Amendment 452 #
2022/0402(CNS)
Proposal for a regulation
Article 45 – paragraph 1
Article 45 – paragraph 1
1. An authentic instrument which has no binding legal effect in the Member State of origin shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects, provided that this is not manifestly contrary to public policy (ordre public) in the Member State where it is presented.
Amendment 455 #
2022/0402(CNS)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 469 #
2022/0402(CNS)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
The Certificate is for use by a child or a legal representative who, in another Member State, needs to invoke the child’s parenthood status.
Amendment 486 #
2022/0402(CNS)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. Upon receipt of the application, the issuing authority shall verify the information and declarations and the documents and other evidence provided by the applicant. It shall carry out the enquiries necessary for that verification of its own motion where this is provided for or authorised by its national law, or shall invite the applicant to provide any further evidenceinformation which it deems necessary to assess the application.
Amendment 492 #
2022/0402(CNS)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
The issuing authority shall issue the Certificate without delay and at least within two weeks after receiving the application in accordance with the procedure laid down in this Chapter when the elements to be certified have been established under the law applicable to the establishment of parenthood. It shall use the form in Annex V.
Amendment 495 #
2022/0402(CNS)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. The fee collected for issuing a Certificate shall not be higher than the fee collected for issuing a birth certificate nor a certificate under national law providing evidence of the parenthood of the applicant.
Amendment 511 #
2022/0402(CNS)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. The Certificate shall constitute a valid document for the recording of parenthood in the relevant register of a Member State, without prejudice to point (i) of Article 3(2).
Amendment 517 #
2022/0402(CNS)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. The issuing authority shall, at the request of any person demonstrating a legitimate interest or of its own motion, immediately rectify the Certificate in the event of a clerical error.
Amendment 519 #
2022/0402(CNS)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The issuing authority shall, at the request of any person demonstrating a legitimate interest or, where this is possible under national law, of its own motion, immediately modify or withdraw the Certificate where it has been established that the Certificate or individual elements thereof are not accurate.
Amendment 521 #
2022/0402(CNS)
Proposal for a regulation
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The issuing authority shall inform without delay and at least within two weeks all persons to whom certified copies of the Certificate have been issued pursuant to Article 54(1) of any rectification, modification or withdrawal thereof.
Amendment 526 #
2022/0402(CNS)
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1
Article 56 – paragraph 2 – subparagraph 1
If, as a result of a challenge as referred to in paragraph 1, it is established that the Certificate issued is not accurate, the competent court shall immediately rectify, modify or withdraw the Certificate or ensure that it is rectified, modified or withdrawn by the issuing authority.
Amendment 528 #
2022/0402(CNS)
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 2
Article 56 – paragraph 2 – subparagraph 2
If, as a result of a challenge as referred to in paragraph 1, it is established that the refusal to issue the Certificate was unjustified, the competent court shall without delay and within two weeks after its decision issue the Certificate or ensure that the issuing authority re-assesses the case and makes a fresh decision.
Amendment 533 #
2022/0402(CNS)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
1. The European electronic access point established on the European e-Justice Portal pursuant to Article 4 of [the Digitalisation Regulation] may be used for electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities in connection with the following:proceedings covered by this Regulation.
Amendment 535 #
2022/0402(CNS)
Proposal for a regulation
Article 58 – paragraph 1 – point a
Article 58 – paragraph 1 – point a
Amendment 539 #
2022/0402(CNS)
Proposal for a regulation
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
Amendment 546 #
2022/0402(CNS)
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 64 concerning the amendment of Annexes I to V in order to update or make technical changes to those Annexes. The preparation and drawing-up of delegated acts shall be preceded by and take into account consultations with stakeholders, including relevant civil society organisations and academic experts.
Amendment 550 #
2022/0402(CNS)
Proposal for a regulation
Article 67 a (new)
Article 67 a (new)
Amendment 557 #
2022/0402(CNS)
Proposal for a regulation
Article 69 – paragraph 3 – subparagraph 1
Article 69 – paragraph 3 – subparagraph 1
Notwithstanding paragraph 1, Member States shall accept an authentic instrument which has no binding legal effect in the Member State of origin but which has evidentiary effects in that Member State, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought.
Amendment 560 #
2022/0402(CNS)
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. By [53 years from date of application of this Regulation] and every three years thereafter, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation, including an evaluation of convergences and divergences between Member States and any practical problems encountered, supported by information supplied by the Member States. For the drafting of the report, the Commission shall also make use of information provided by and regular exchanges with relevant stakeholders, including the persons concerned or their representatives if they so wish, as well as their representative organisations. The report shall be accompanied, where necessary, by a legislative proposal.
Amendment 561 #
2022/0402(CNS)
Proposal for a regulation
Article 70 – paragraph 2 – introductory part
Article 70 – paragraph 2 – introductory part
2. The Member States shall provide the Commission upon request, where availabl or upon their own initiative, with all information relevant for the evaluation of the operation and application of this Regulation, in particular on:
Amendment 562 #
2022/0402(CNS)
Proposal for a regulation
Article 70 – paragraph 2 – point -a (new)
Article 70 – paragraph 2 – point -a (new)
(-a) the number of applications for establishing parenthood, the number of certificates that were issued following these applications and the number of applications that were rejected accompanied by an overview of the reasons for rejection.
Amendment 40 #
2022/0269(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16 . Forced labour covers a wide variety of coercive labour practices where work or service, such as transportation, storage or cleaning, is exacted from any persons that have not offered it the under the threat of a penalty and for which the person has not offered herself or himselvesf voluntarily.17 __________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org).
Amendment 43 #
2022/0269(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18 Vulnerable and marginalised groups in a society, such as women, children, migrants (in particular if they are undocumented or with a precarious status or in the informal economy), ethnic minorities, lower castes, indigenous and tribal peoples, are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators. __________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.
Amendment 47 #
2022/0269(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The prohibition of the use of forced or compulsory labour in all its forms is considered as a peremptory norm of international law on human rights. It is of an absolutely binding nature from which no exception is permitted. The eradication of forced labour is therefore a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union andexplicitly prohibits slavery, servitude, forced or compulsory labour and trafficking in human beings. Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 The Charter of Fundamental Rights recognises the right to every worker to fair and just working conditions in its Article 31 and the right to an effective remedy in its Article 47. The European Social Charter (1961) and the Revised European Social Charter (1996), adopted by the Council of Europe on 18 October 1961 and 3 May 1996 respectively, require contracting parties ‘to protect effectively the right of the worker to earn [her/his] living in an occupation freely entered upon’. __________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 51 #
2022/0269(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20 They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILOHowever, there are nine Member States which have not yet ratified the 2014 Protocol to Convention No. 29 and should do so without any delay. Moreover, there continue to be shortcomings in the implementation of the fundamental ILO Conventions. It is necessary that Member States fully implement them and correctly transpose all the Union legislation aimed at combating forced labour, labour rights violations and human trafficking in order to enforce the import and export ban of any product or service using forced labour. This Regulation aims to legally bind Member States to prevent and eliminate the use of forced labour, to provide to victims protection and access to appropriate and effective remedies, to sanction the perpetrators of forced or compulsory labour and to report regularly to the ILO. In that regard, the 2014 Protocol to Convention No. 29 stipulates that all victims irrespective of their presence or legal status in the national territory should have access to appropriate and effective remedies. The third pillar of the UN Guiding Principles on Business and Human Rights stipulates that remediation is a fundamental right which can take the form of rehabilitation, financial or non-financial compensation, punitive sanction or prevention of harm through injunctions or guarantees of non- repetition. Article 6(6) of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children obliges its State Parties to ensure that victims of human trafficking obtain compensation for damages suffered. Directive 2011/36/EU of the European Parliament and of the Council requires Member States to ensure that victims of human trafficking have access to compensation. __________________ 20 https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/publication/wcms_195 135.pdf.
Amendment 55 #
2022/0269(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour and promote decent work and labour rights worldwide. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union.
Amendment 66 #
2022/0269(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, transport or storage, harvest and extraction, including working or processing related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.
Amendment 91 #
2022/0269(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis. Promoting the right to freedom of association and collective bargaining and the involvement of the social partners in all measures to combat forced labour are essential factors to combat forced and compulsory labour. The EU delegations in third countries should have a central role within the aim of effectively eradicating forced labour as well as for dissemination of this Regulation and possibility of third parties to provide information on the existence of forced labour in relation to a determined product.
Amendment 93 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘forced labour’ means forced or compulsory labour as defined in Article 2 of the Convention on Forced Labour, 1930 (No. 29) of the International Labour Organization, including forced child labour; it includes work and services in the complete value chain, from the raw material to the end products’ distribution, including in the transportation or storage, exacted from any person, under the threat of a penalty, which is not offered voluntarily;
Amendment 94 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘forced labour imposed by state authorities’ means the use of forced labour as described in Article 1 of the Convention on the Abolition of Forced Labour, 1957 (No. 105) of the International Labour Organization; it includes in particular forced labour imposed: (i) as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system; (ii) as a method of mobilising and using labour for purposes of economic development; (iii) as a means of labour discipline; (iv) as a punishment for having participated in strikes; or (v) as a means of discrimination based on race, social or national origins, religious beliefs, caste, disability, gender or sexual orientation;
Amendment 97 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labour in their operations and value chain with respect to products and services that are to be made available on the Union market, imported or to be exported; any due diligence of the importer or economic operator in the value chain shall only be relevant insofar as it relates to evidence of remediation;
Amendment 101 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) ‘meaningful engagement with workers and stakeholders’ means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected suppliers, workers and their representative organisations, as well as other stakeholders, such as civil society organisations and local communities, with particular attention to especially vulnerable stakeholders, such as workers who are undocumented or in the informal economy, smallholders, and indigenous peoples; it includes the engagement of economic operators with the genuine intention to understand how relevant stakeholders’ interests are affected by their activities; it also includes the engagement of competent authorities with stakeholders prior to taking decisions that may impact the stakeholders, and the consideration of stakeholders’ interests; it also involves the timely provision of all information needed by the potentially impacted stakeholders to make an informed judgment on how the decision could affect them, and it shall ensure follow-through on the implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed;
Amendment 103 #
2022/0269(COD)
(cb) ‘remediation’ refers both to the processes of providing remedy for an adverse impact on human rights, and to the substantive outcomes that can counteract, or make good, the adverse impact, including: restitution, rehabilitation, financial or non-financial compensation (including establishing compensation funds for victims), punitive sanctions (whether criminal or administrative, such as fines), as well as prevention of harm through, for example, injunctions or guarantees of non- repetition, and where accompanied by one or more of the other measures, apologies. Remediation shall be provided according to the context and needs of each victim of forced labour;
Amendment 107 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(ma) ‘stakeholders’ means: (i) workers and other individuals, groups, communities, trade unions, worker representatives or entities whose rights or interests are or could be affected by the forced labour as used by an economic operator, its subsidiaries or its business relationships; (ii) other legal or natural persons defending human rights (‘human rights defenders’), including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, including the rights of workers, trade unions, indigenous peoples or other vulnerable stakeholders; and (iii) organisations whose statutory purpose is the defence of human rights;
Amendment 108 #
2022/0269(COD)
(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19The right of victims to an effective remedy for business-related human rights violations or abuses, including forced labour, is recognised in Union law, the UN Guiding Principles on the Business and Human Rights (UNGPs), the Council of Europe and the OECD. _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 110 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
Article 2 – paragraph 1 – point u a (new)
(ua) ‘root causes of forced labour’ means at the level of a country or region, the issues of economic exploitation, poverty, systemic discrimination, and the lack of regular and decent labour migration pathways among others. At the level of an economic operator, it includes prices below the cost of production, the lack of living incomes and living wages and more generally any unfair purchasing practices;
Amendment 114 #
2022/0269(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour and promote decent work and labour rights worldwide. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union.
Amendment 121 #
2022/0269(COD)
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) The 2021 EU Strategy on the Rights of the Child foresees that the EU will insist on third countries to update regularly national lists of hazardous occupations children should never be tasked to do. The Durban Call to Action on the Elimination of Child Labour recalls the commitments of UN members to strengthen the prevention and elimination of child labour, including its worst forms, forced labour, modern slavery and trafficking in persons and to increase financing and international cooperation for the elimination of child labour and forced labour. ILO Convention No. 138 requires Member States to create a national policy designed to ensure the effective abolition of child labour.
Amendment 124 #
2022/0269(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment in the company’s own operations, its subsidiaries and in its value chains, in accordance with international human and labour rights standards and environmental conventions. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover, and to smaller companies in high-impact sectors over a certain threshold in terms of number of employees and net turnover.22] _________________ 22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, OJ XX, XX.XX.20XX, p. XX.
Amendment 139 #
2022/0269(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or, processing, storage, packaging, transportation or distribution related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.
Amendment 141 #
2022/0269(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 142 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Submissions of information by any natural or legal person or any association not having legal personality, to competent authorities on alleged violations of Article 3The Commission shall establish a centralised complaint mechanism to receive complaints and information regarding alleged or suspected forced labour, taking place within or outside the Union, from any natural or legal person, including workers or others affected or potentially affected by forced labour, civil society organisations including trade unions, affected communities, and any other individual or group that may have information regarding goods which are alleged or suspected to be made by forced labour. Complaints shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation.
Amendment 145 #
2022/0269(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue guidelines on due diligence in relation to forced labour, which should take into account also the size and economic resources of economic operators. In addition, the Commission should issue guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition.
Amendment 146 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 a (new)
Article 10 – paragraph 1 – subparagraph 1 a (new)
Complaints may be lodged anonymously and confidentially. The Commission and competent authorities shall ensure that all mechanisms through which workers who are victims or witness forced labour may lodge complaints and participate in relevant proceedings, allow them to do so without fearing retaliation of any sort, to enforce their rights and prerogatives, in particular their right to remediation under Article 10a of this Regulation and, when applicable, other EU legislation, without prejudice to Directive 2004/81/EC, Directive 2009/52/EC, Directive 2011/36/EU and Directive 2012/29/EU. These rights shall not be made conditional on the affected workers’ residence status, or on their citizenship or nationality.
Amendment 148 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 b (new)
Article 10 – paragraph 1 – subparagraph 1 b (new)
The Commission shall determine the rules and procedure to assign complaints to the competent authorities. These rules shall take into account the specifics of the complaint, the domicile of the economic operator and the capacities of the competent authorities in concerned Member States. The Commission may retain the power to investigate, in particular when multiple Member States are involved, investigations in third countries are needed and when related to state-imposed forced labour and when the investigation concerns a supply chain present in more than one Member State.
Amendment 150 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall, as soon as possible, inform the person or associationcomplainant referred to in paragraph 1 of the outcome of the assessment of their submissioncomplaint as well as all the decisions referred to in Article 9 and their rationale.
Amendment 150 #
2022/0269(COD)
(18a) Remedy is a crucial part of the human rights due diligence process under the UNGPs and is critical to ensuring that a Forced Labour Instrument has a positive impact for workers and holds corporations to account. Remedy will encourage workers to come forward and report abuse. Accordingly, this Regulation must ensure the provision of effective remedy to affected rightholders.
Amendment 152 #
2022/0269(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient human and financial resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, labour rights, gender equality, value chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.
Amendment 153 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Directive (EU) 2019/1937 of the European Parliament and of the Council39 shall apply to the reporting of all breaches of this Regulation and the protection of persons reporting such breaches. Member States and the Commission shall ensure that the identity of the person reporting complaints, providing evidence, and of any individuals who are potentially being subjected to forced labour in terms of the complaint or investigation, is not disclosed to anyone beyond the authorised staff members without the explicit consent of the person. This shall also apply to any other information from which the identity of the reporting person may be directly or indirectly deduced. __________________ 39 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, OJ L 305, 26.11.2019, p. 17.
Amendment 155 #
2022/0269(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Remediation 1. Member States shall ensure access to remedy and effective remediation to victims whenever violations of Article 3 fall under the scope of their territory and/or jurisdiction. 2. Once it is launched under Article 5, an investigation shall also determine, in consultation with relevant stakeholders such as trade unions and non- governmental organisations, the appropriate remediation, prevention of future reoccurrence and mitigation measures. 3. Evidence of remediation shall be provided to the competent authority and to the Network, and it shall go beyond information provided by social audits and certification bodies. 4. Evidence of remediation measures shall include evidence of one or more of the following: (a) financial and non-financial compensation, including compensation based on the duration and extent of the forced labour, and any harms suffered; (b) restitution for the victims to restore their position before the forced labour took place, for example by returning their passport; (c) rehabilitation, for example by provision of treatment or counselling; (d) effective preventive measures and guarantees of non-reoccurrence of forced labour; and where it is accompanied by one or more of the above measures, apologies. 5. Competent authorities may lift the market prohibition once the economic operator proves that the forced labour has been remediated and that forced labour is no longer present and that processes have been put in place to prevent harms from continuing or taking place again in the future. Competent authorities shall inform the Network of such steps and outcome and the database under Article 11 shall be adapted accordingly without delay. 6. Competent authorities and the Network shall engage with relevant stakeholders, including persons that have been or are at risk of being subjected to forced labour and their representatives, prior to lifting any prohibition.
Amendment 155 #
2022/0269(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 156 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or sectors or with respect to specific products and services including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities, and from trade unions, civil society organisations, human rights defenders, and labour and work cooperatives. The customs authorities’ data such as origin, places of storage and transportation points of the products entering or leaving the Union market are crucial risk indicators. Such data shall be freely accessible to the public by means of the database. That database shall include a list of the specific geographical high-risk regions or countries where forced labour practices are systematic and widespread.
Amendment 159 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)
Article 11 – paragraph 1 – subparagraph 1 a (new)
The Commission, after consultation with competent authorities and other stakeholders, shall be empowered to declare a presumption of forced labour for products or groups of products, from specified countries or regions where there is reasonable suspicion of wide-spread forced labour, including state-imposed forced labour, in an entire product group in a specific industry, as well as production sites or groups of production sites included in the database. This decision shall be encoded in the same database as a risk database area. In those specific areas, the economic operators shall prove their value chains are free from forced labour before their products may enter, move across or leave the Union market.
Amendment 160 #
2022/0269(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) When identifying potential violations of the prohibition, the Commission and competent authorities should follow a risk-based approach and assess all information available to them. CThe Commission and competent authorities should initiate an investigation where, based on their assessment of all available information, they establish that there is a substantiated concern of a violation of the prohibition.
Amendment 163 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly availableeasily accessible and publicly available in multiples languages, by the external expertise at the latest 124 months after the entry into force of this Regulation.
Amendment 164 #
2022/0269(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Before initiatDuring an investigation, competent authorities shouldmay request from the economic operators under assessment information on actions taken to mitigate, prevent or, remediate and bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.
Amendment 165 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. A public digital traceability system shall be put in place by the Commission to enable mapping and tracing of products’ supply chains and information exchange regarding the manufacture and transport of products and in order to facilitate the accessibility of the information for competent authorities to implement this Regulation. Member States shall require economic operators to publish on this digital system information relevant to the presence of forced labour, including location and type of production, relating to the operator’s own operations, subsidiaries, suppliers, sub-suppliers, contractors, and business partners in the whole supply chain, within the bounds of commercial confidentiality, privacy, and competition law. Economic operators and importers shall be required to input the relevant information and data in the format that is compatible with this digital system, as set out in implementing legislation. Member States shall ensure that data from their competent authorities are fed into the system on a continuous basis and ensure that such information is up to date.
Amendment 175 #
2022/0269(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure cooperation among the Commission and competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.
Amendment 176 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) guidance on due diligence in relation to forced labour, including forced child labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations and existing collaborative multi-stakeholders experiences, as well as the size and economic resources of economic operators;
Amendment 177 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, including the ‘Hard to See, Harder to Count’ guidance, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 182 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e a (new)
Article 23 – paragraph 1 – point e a (new)
(ea) guidelines to set up an economic mapping process;
Amendment 182 #
2022/0269(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) During the preliminary phase of investigation,investigation, the Commission and competent authorities should focus on the economic operators involved in the steps of the value chain where there is a higher risk of forced labourvalue chain with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 184 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e b (new)
Article 23 – paragraph 1 – point e b (new)
(eb) guidance for stakeholders to file a complaint and participate in relevant proceedings;
Amendment 186 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e c (new)
Article 23 – paragraph 1 – point e c (new)
(ec) guidance on remediation measures;
Amendment 186 #
2022/0269(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritiseidentify to the extent possible and consistent with the effective conduct of the investigation the responsibilities of the economic operators under investigation that are involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operatorwith the highest leverage to prevent, mitigate, remediate and bring to an end the use of forced labour in their operations and value chains, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 188 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e d (new)
Article 23 – paragraph 1 – point e d (new)
(ed) guidance on meaningful stakeholder engagement;
Amendment 194 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point e a (new)
Article 24 – paragraph 3 – point e a (new)
(ea) provide systematic information and recommendations to the Commission and the European External Action Service in case of detection of forced labour practices, involve the Union delegations, particularly in the specific geographical high-risk regions or countries where forced labour practices are systematic and widespread as listed in the database under Article 11, and monitor measures taken to support the implementation of this Regulation by addressing the root causes of forced labour;
Amendment 195 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) promote the cooperation and exchange of expertise and best practices with third countries and/or international entities;
Amendment 202 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation and to jointly work on eradicating the root causes of forced labour, the Commission mayshall as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives, including trade unions, workers’ rights organisations, NGOs and networks of affected stakeholders and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 202 #
2022/0269(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Competent authoritieEconomic operators should bear the burden of establishproving that forced labour has not been used at any stage of production, manufacture, harvest or extraction, storage, packaging, transportation or distribution of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence towhen requested by the competent authorities throughoutor after the investigation.
Amendment 207 #
2022/0269(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have themdonate the products to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle them and if recycling is not possible, the products should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 212 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour, and build the capacity of upstream economic actors to respond to the requirements under this regulation. The competent authorities and the Commission shall cooperate with relevant authorities of third countries to carry out investigations, as well as coordinate when it is relevant with investigations made by other countries and align with decisions made by other international entities. Member States’ competent authorities and the Commission shall actively exchange knowledge and intelligence with third country governments. In case of a violation of Article 3 of this Regulation, the Council shall impose sanctions through the EU Global Human Rights Sanctions Regime or impose country-based sanctions regimes. The Council shall also adopt conclusions outlining strategies of the Union and the Member States to promote bilateral and multilateral coordination with third countries and other diplomatic initiatives to address state-sponsored forced labour, up to and including the recourse to sanctions towards third countries that promote forced labour, in line with ILO Convention No. 105.
Amendment 214 #
2022/0269(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In that decision, competent authorities should state the findings of the investigation, and the information underpinning the findings, and set a reasonable time within which the economic operators should comply with the decision, as well as information allowing for the identification of the product to which the decision applies. The Commission should be empowered to adopt the implementing acts necessary to specify the details about the information to be contained in such decisions. The decisions from competent authorities should be made publicly available.
Amendment 216 #
2022/0269(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 223 #
2022/0269(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are donated to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle them, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.
Amendment 231 #
2022/0269(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the Commission or to competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Submissions may be addressed to one or more competent authorities. The Commission and competent authorities shall ensure that the identity of the person or persons reporting complaints, providing evidence, and of any individuals who are potentially being subjected to forced labour in terms of the complaint or investigation, is not disclosed without the explicit consent of that or those persons, to anyone beyond the authorised staff members competent to receive or follow up on complaints. This shall also apply to any other information from which the identity of the reporting person may be directly or indirectly deduced.
Amendment 242 #
2022/0269(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the Commission and competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.
Amendment 246 #
2022/0269(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Decisions of the Commission and competent authorities establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The competent authorities should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32and its general provisions on the control and supervisory powers of customs authorities. _________________ 32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).
Amendment 259 #
2022/0269(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be destroyed, rendered inoperable, or otherwise disposed ofonated to charitable or public interest purposes. If the product cannot be donated, it should be recycled, and if that is not possible, it should be destroyed, in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods.
Amendment 270 #
2022/0269(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) To ensure effective enforcement decisions taken by the Commission or a competent authority in one Member State should be recognised and enforced by competent authorities in the other Member States regarding products withfrom the same identification from the same supply chaiproduction site, company, group of companies or region for which forced labour has been found.
Amendment 275 #
2022/0269(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the Commission, competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure and capacity building activities, such as the organisation of training programmes for competent authorities and other relevant stakeholders. The administrative support structure to be provided by the Commission should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
Amendment 280 #
2022/0269(COD)
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) The Commission should ensure the effective and uniform application of this Regulation and to that effect support and encourage cooperation between enforcement authorities through the Network. Furthermore, the Commission should set up a harmonised approach for penalties, and, in particular, it should lay down harmonised rules on penalties applicable to non-compliance with the decision of competent authorities.
Amendment 283 #
2022/0269(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis. Existing dialogue structures with third countries include the (sub)committees on trade and sustainable development in trade agreements or the dialogue foreseen within the Generalised System of Preferences. EU Delegations should have an important role when it comes to disseminating information on this Regulation and should facilitate the possibility of third parties in third countries to provide information on the existence of forced labour on a determined product.
Amendment 289 #
2022/0269(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48a) No later than three years after the entry into force, the Commission should carry out a first review of this Regulation with particular attention to the effectiveness of the instrument, proposing additional measures where deemed appropriate.
Amendment 293 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made, stored, transported, packaged or distributed with forced labour.
Amendment 297 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Regulation lays down rules for remedial obligations for economic operators for cases where forced labour has been established.
Amendment 305 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) ‘forced labour high risk area’ means countries or regions where there is clear and reliable evidence of state- imposed forced labour, in an entire product group in a specific industry.
Amendment 307 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labour in their operations and value chain with respect to products that are to be made available on the Union market or to be exported;
Amendment 309 #
2022/0269(COD)
(ca) ‘remediation’ means measures aiming to improve conditions for workers and affected victims of forced labour.These include evidence of one or more of the following: i) financial and non-financial compensation, including compensation based on the duration and extent of forced labour and any harms suffered; ii) restitution for the victims, including restoring relevant documents such as visas and work permits, and returning their passport; iii) rehabilitation; iv) preventive measures and guarantees of non-reoccurrence of forced labour;and where it is accompanied by one or more of the above measures, apologies; v) other remediation measures as agreed on by the economic operators and affected workers and stakeholders.
Amendment 312 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)
Article 2 – paragraph 1 – point c b (new)
(cb) 'root causes of forced labour' means the causes leading to economic exploitation, poverty, systemic discrimination, and lack of regular and decent labour migration pathways at the level of a country or region. At the level of an economic operator, it includes prices below the cost of production, the lack of living incomes and living wages as well as unfair purchasing practices.
Amendment 314 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c c (new)
Article 2 – paragraph 1 – point c c (new)
(cc) ‘stakeholders’ means: i) workers and other individuals, groups, communities, trade unions, worker representatives or entities whose rights or interests are or could be affected by forced labour as used by an economic operator, its subsidiaries or its business relationships; ii) other legal or natural persons defending human rights, including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, including the rights of workers, trade unions, indigenous peoples or other vulnerable stakeholders;and (iii) organisations whose statutory purpose is the defence of human rights;
Amendment 326 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or manufacture, storage, transport, packaging or distribution, including working or processing related to a product at any stage of its supply chain;
Amendment 339 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces or, manufactures, stores, transports, packages or distributes a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances;
Amendment 345 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
Article 2 – paragraph 1 – point m a (new)
(ma) ‘end user’ means any natural or legal person residing or established in the Union, to whom a product has been made available either as a consumer outside of any trade, business, craft or profession or as a professional end user in the course of its industrial or professional activities;
Amendment 350 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded, yet not conclusive, reason, based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
Amendment 354 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘products entering the Union market’ means products from third countries and Union Member States intended to be placed on the Union market or intended for private use or consumption within the customs territory of the Union and placed under the customs procedure ‘release for free circulation’;
Amendment 358 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
Article 2 – paragraph 1 – point u a (new)
(ua) 'meaningful engagement with stakeholders' means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected suppliers, stakeholders and their representative organisations, especially vulnerable stakeholders, such as workers, trade unions, smallholders, indigenous peoples and local communities before a potential decision on disengaging is made;
Amendment 364 #
2022/0269(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Economic operators shall not place or make available on the Union market products that are made, stored, transported, packaged or distributed with forced labour, nor shall they export such products.
Amendment 368 #
2022/0269(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 371 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 379 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 386 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 397 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 408 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 414 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 425 #
2022/0269(COD)
Amendment 433 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Competent authorities that, pursuant to Article 4(5), determine that there is a substantiated concern of a violation ofThe Commission and competent authorities shall decide to initiate investigations on their own accord or in response to complaints or information submitted in accordance with Article 10, and shall follow a risk based approach in assessing the likelihood of a violation of Article 3 on the basis of relevant information, including: a) the risk indicators and other information pursuant to Article 23, shall decide to initiate an investigation on the products and economic operators concernedpoints (b) and (c); b) the database referred to in Article 11; c) information and decisions encoded in the information and communication system referred to in Article 22(1), including any past cases of compliance or non-compliance of an economic operator with Article 3; d) information requested by the competent authority from other relevant authorities, where necessary, on whether the economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.
Amendment 439 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. CThe Commission or the competent authorities that initiate an investigation pursuant to paragraph 1 shall inform, when they have reason to believe that the economic operators subject to the investigation, has additional information which is material to the investigation, inform the economic operators within 3 working days from the date of the decision to initiate such investigation about the following:
Amendment 447 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) the possibility for the economic operators to submit any other document or information to the Commission or the competent authority, and the date by which such information has to be submitted.
Amendment 450 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point d a (new)
Article 5 – paragraph 2 – point d a (new)
Amendment 453 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. Where requested to do so by the Commission or competent authorities, economic operators under investigation shall submit to those competent authorities any information that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In requesting such information, competent authorities shall to the extent possible:
Amendment 456 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs andidentify the individual responsibilities, along the value chain, of different economic operators down to the level where forced labour is taking place and prioritise the economic operators under investigation involved in the steps of the value chain with the highest leverage to prevent, mitigate, remediate and bring to an end the use of forced labour in their operations and value chains.
Amendment 460 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
Amendment 467 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Economic operators shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of up to 5 working days of that time limit.
Amendment 473 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 478 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. CThe Commission and competent authorities may collect relevant information by consulting with stakeholders or by carrying out all necessary checks and inspections including investigations in third countries, provided that the economic operators concerned give their consent and that the government of the Member State or third country in which the inspections are to take place has been officially notified and raises no objection, within a limited timeframe.
Amendment 487 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether there is reasonable but not conclusive evidence that Article 3 has been violated, within a reasonable period of time30 days from the date they initiated the investigation pursuant to Article 5(1).
Amendment 496 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 498 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. The closing of the investigation for lack of proof shall not preclude the right of competent authorities to start a new investigation into the same product in case new relevant information arises.
Amendment 500 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. This decision shall not preclude the right of competent authorities to start a new investigation on the same product where new information is made available.
Amendment 516 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) an order for the economic operators that have been subject to the investigation to donate, recycle or dispose of the respective products in accordance with national law consistent with Union lawArticle 20.
Amendment 524 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Without prejudice to paragraph 4 (a), (b) and (c), competent authorities shall be empowered to issue an order for the economic operators to provide evidence of remediation measures in accordance with Article 2, according to their individual responsibilities referred to in Article 5(3). The remediation plan and its implementation strategy must be agreed upon between competent authorities and must involve meaningful consultation of affected workers and stakeholders. Evidence that remediation measures have been correctly implemented should be obtained in consultation of the affected workers and stakeholders.
Amendment 535 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point c
Article 6 – paragraph 5 – point c
(c) that any product remaining with the economic operator concerned is donated, recycled or disposed of in accordance with national law consistent with Union law at the expense of the economic operatorArticle 20.
Amendment 541 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where the Commission or competent authorities establish that economic operators have provided evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, and that effective processes have been put in place to prevent harm from occurring again in the future and in cases of not state-imposed forced labour that they have provided remediation in accordance with paragraph 4 new, the competent authorities shall withdraw their decision for the future and inform the economic operators.
Amendment 550 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 1 (new)
Article 6 – paragraph 6 – subparagraph 1 (new)
Economic operators shall avoid simply disengaging from their operators in order to eliminate forced labour from their supply chains. In case efforts to prevent, minimise and remedy the situation fail, then the economic operator shall consider disengaging in a responsible way. Before potentially reaching a decision to disengage, economic operators shall engage meaningfully with stakeholders that would be impacted by such a decision. Responsible disengagement entails, as a minimum, complying with collective agreements and articulating escalation measures. Economic operators shall act in accordance with the July 2021 Commission and EEAS guidance on combatting forced labour in supply chains.
Amendment 556 #
2022/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 30 working days and no longer than necessary90 days to withdraw the respective products. When setting such a time limit, the Commission or competent authority shall take into account, where relevant, the economic operator’s size and economic resourcesdue diligence activities and the likelihood that those will bring forced labour to an end within a reasonable period of time;
Amendment 564 #
2022/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer or producer, the producer, the production site and the product suppliers;
Amendment 570 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. CThe Commission and competent authorities shall provide economic operators affected by a decision adopted pursuant to Article 6(4) the possibility of requesting a review of that decision within 15 working days from the date of receipt of that decision. In case of perishable goods, animals and plants, that time limit shall be 5 working days. The request for review shall contain information which demonstrates that the products are placed or made available on the market or to be exported in compliance with Article 3.
Amendment 575 #
2022/0269(COD)
3. AThe Commission or a competent authority shall take a decision on the request for review within 15 working days from the date of receipt of the request. In case of perishable goods, animals and plants that time limit shall be 5 working days.
Amendment 584 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7a. The Commission and competent authorities shall ensure that any decision made by competent authorities, including a failure to make a decision, or a decision not to investigate, may be reviewed as an administrative decision of a public body in accordance with the Member States legal framework.
Amendment 589 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) any decision not to initiate an investigation following a preliminary phase of investigation,submission of information or a complaint, as referred to in Article 4(7)10;
Amendment 597 #
2022/0269(COD)
2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e) and (g) on a dedicated public website.
Amendment 601 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Submissions of information by any natural or legal person or any association not having legal personality, to competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegationThe Commission shall establish a mechanism to receive complaints and information regarding alleged or suspected forced labour, taking place within or outside the EU, from any natural or legal person, including workers or others affected or potentially affected by forced labour, civil society organisations including trade unions, affected communities, and any other individual or group that may have information regarding products which are alleged or suspected to be made by forced labour.
Amendment 607 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Submissions of information and complaints on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. Submissions may be addressed to the Commission or one or more competent authorities. The Commission shall receive a copy of submissions received by competent authorities.
Amendment 611 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
1b. Complaints may be lodged anonymously. The Commission and competent authorities shall ensure that the mechanism is designed so that victims or witnesses of forced labour may lodge complaints without fearing retaliation of any sort, without prejudice to Directive 2004/81/EC, Directive 2009/52/EC, Directive 2011/36/EU and Directive 2012/29/EU. These rights should not be made conditional on the affected workers’ residence status, or on their citizenship or nationality.
Amendment 612 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 1 c (new)
Article 10 – paragraph 1 c (new)
1c. The Commission shall determine the rules and procedure to assign complaints to the competent authorities. These rules will take into account the specificities of the complaint, the domicile of the economic operator and the capacities of the competent authorities in concerned Member States. The Commission may retain the power to investigate.
Amendment 614 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall, as soon as possible, inform the person or association referred to in paragraph 1 a of the outcome of the assessment of their submission or complaint as well as the decision referred to in Article 9 a.
Amendment 617 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
Amendment 622 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas, sectors or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall include a list of forced labour high risk areas and shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities. Special attention will be paid to countries showing no or insignificant progress with respect to the elimination of forced child labour, the implementation of the 182 ILO Convention and other relevant conventions and protocols.
Amendment 637 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made easily accessible and publicly available by the external expertise at the latest 2418 months after the entry into force of this Regulation.
Amendment 656 #
2022/0269(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The Commission shall make the mechanism referred to in Article 10 and the list of the designated competent authorities publicly available on its website and shall regularly update that list, based on the updates received from Member States.
Amendment 658 #
2022/0269(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Member States shall ensure that the designated competent authorities exercise their powers impartially, transparently and with due respect for obligations of professional secrecy. Member States shall ensure that their competent authorities have the necessary powers, expertise and resources to carry out the investigations, including sufficient budgetary and other resources and coordinate closely with the national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings.
Amendment 665 #
2022/0269(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Decisions taken by the Commission or a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products with the same identification and from the same supply chain for which forced labour has been found.
Amendment 670 #
2022/0269(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from the Commission or a competent authority of another Member State for information to verify any evidence provided by an economic operator shall provide that information within 15 working days from the date of receipt of the request.
Amendment 673 #
2022/0269(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Before initiating an investigation in accordance with Article 5, a competent authoritythe mechanism referred to in Article 10 shall verify in the information and communication system referred to in Article 22(1) whether there is a lead authority referred to in paragraph 3 investigating the same product and economic operator.
Amendment 684 #
2022/0269(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Customs authorities shall be provided with information identifying the product, information about the manufacturer, transporter, distributor, packaging or storage company or the producer and information about the product suppliers as regards products entering or leaving the Union market that have been identified by the Commission pursuant to paragraph 1, unless the provision of such information is already required pursuant to customs legislation referred to in Article 5(2) of Regulation (EU) No 952/2013.
Amendment 687 #
2022/0269(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Where customs authorities identify a product entering or leaving the Union market that may, in accordance with a decision received pursuant to Article 15(3), be in violation of Article 3, they shall suspend the release for free circulation or the export of that product. Customs authorities shall immediately notify the relevant competent authorities of the suspension and transmit all relevant information to enable them to establish whether the product is covered by a decision communicated pursuant to Article 15(3).
Amendment 690 #
2022/0269(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Where the release for free circulation or the export of a product has been suspended in accordance with Article 17, the product shall be released for free circulation or exported where all the other requirements and formalities relating to such a release or export have been fulfilled and where either of the following conditions is satisfied:within 4 working days of the suspension, the competent authorities informed the customs authorities of their approval for release for free circulation or export pursuant to this Regulation. In case of perishable products, animals and plants that time limit shall be 2 working days.
Amendment 691 #
2022/0269(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 695 #
2022/0269(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 698 #
2022/0269(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where the competent authorities conclude that a product that has been notified to them in accordance with Article 17 is a product made with forced labour pursuant to a decision referred to in Article 6(2) and (4), they shall require customs authorities not to release it for free circulation nor to allow its export.
Amendment 709 #
2022/0269(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is donated to public interest purposes or recycled or if that is not possible the products should be disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 714 #
2022/0269(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities and customs authorities shall cooperate closely and exchange risk-related information.
Amendment 719 #
2022/0269(COD)
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. Cooperation among the Commission, the mechanism referred to in Article 10 and other relevant authorities and exchange of risk information necessary for the fulfilment of their respective functions under this Regulation, including through electronic means, shall take place between the following authorities:
Amendment 731 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 182 months after the entry into force of this Regulation, which shall include the following:
Amendment 736 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) guidance on due diligence in relation to forced labour, including forced child labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, CSOs and existing collaborative multistakeholders initiatives as well as the size and economic resources of economic operators;
Amendment 742 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, including the ‘Hard to See, Harder to Count’ guidelines, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 762 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established by the Commission. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent.
Amendment 764 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Network shall be composed of representatives from each Member States’ competent authority, representatives from the Commission and, where appropriate, experts from the customs authorities. EU delegations, particularly based in countries with regions identified as of high risk of forced labour, shall also be involved in the work of this Network.
Amendment 765 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The Network shall be led by the Commission and composed of representatives from each Member States’ competent authority, representatives from the Commission, the European Labour Authority, the Fundamental Rights Agency and, where appropriate, experts from the customs authorities.
Amendment 768 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point b
Article 24 – paragraph 3 – point b
(b) conduct joint investigations, mandate research or monitor situation of wide-spread and systemic forced labour including as to expand database of risk of forced labour;
Amendment 778 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) promote collaboration and exchange with relevant existing multi- stakeholders’ collaborative initiatives;
Amendment 780 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) coordinate dissemination efforts in and outside the EU;
Amendment 782 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. The Network may invite experts and stakeholders, including social partners and other workers’ representatives as well as civil society representatives to attend meetings of the Network or to provide written contributions or trainings for the Network.
Amendment 786 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission shall support and encouraglead and facilitate cooperation between enforcement authorities through the Network and participate in the meetings of the Network.
Amendment 788 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 4 a (new)
Article 24 – paragraph 4 a (new)
4a. The Commission shall provide the Network with the financial and human resources to carry out its missions.
Amendment 793 #
2022/0269(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Where requested, tThe Commission, Member States and competent authorities shall treat the identity of those who provide information, or the information provided, as confidential. A request for confidentiality shall be accompanied by a non-confidential summary of the information supplied or by a statement of the reasons why the information cannot be summarised in a non-confidential manner.
Amendment 794 #
2022/0269(COD)
Proposal for a regulation
Article 26 – title
Article 26 – title
International Cooperation and Accompanying Measures
Amendment 797 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis. Existing dialogue structures with third countries include the (sub)committees on trade and sustainable development in trade agreements or the dialogue foreseen within the Generalised System of Preferences.
Amendment 798 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission mayshall as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, and civil society representatives andincluding business organisations, trade unions, workers organisations, NGOs and networks of affected stakeholders. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 805 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries mayshall result in the Union developing accompanying measures to support the efforts of companies and partner countries efforts and locally available capacities in tackling forced labour.
Amendment 807 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour, and build the capacity of upstream economic actors to respond to the requirements under this Regulation.
Amendment 808 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 b (new)
Article 26 – paragraph 2 b (new)
2b. The Commission and competent authorities shall cooperate with relevant authorities of third countries to carry out investigations, as well as coordinate when it is relevant with investigations made by other countries and align with decisions made by other international entities. Member States’ competent authorities and the Commission shall actively exchange knowledge and intelligence with third country governments.
Amendment 809 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 c (new)
Article 26 – paragraph 2 c (new)
Amendment 810 #
2022/0269(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article26a Development cooperation The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour as well as to build the capacity of upstream economic actors to respond to the requirements under this Regulation.
Amendment 815 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Member StatesCommission shall lay down the rules on penalties applicable to non- compliance with a decision referred to in Article 6(4) and shall take all measures necessary to ensure that they are implemented in accordance with national law.
Amendment 817 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The penalties provided for shall be effective, proportionate and dissuasivetake the form of pecuniary fines and shall be effective, proportionate and dissuasive. The maximum limit of pecuniary sanctions shall be not less than 5% of the total worldwide turnover of the undertaking in the business year preceding the fining decision. The collected sum shall be used for the compensation fund referred to in paragraph 2b.
Amendment 818 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. If an operator circumvents or attempts to circumvent a ban or sanction imposed in accordance with this Regulation, or when they refuse to cooperate with the customs or competent authorities, the competent authority shall be empowered to impose additional proportionate and dissuasive penalties, such as pecuniary fines.
Amendment 819 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
2b. A compensation fund shall be established by a delegated act to be adopted no later than 2 years after the entry into force of this Regulation.
Amendment 825 #
2022/0269(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article30a Review and annual reporting 1. No later than three years after the entry into force of this Regulation, the Commission shall carry out a first review with particular attention to the effectiveness of the instrument, proposing additional measures where deemed appropriate. 2. No later than one year after the entry into force of this Regulation, the Commission shall present annually a report to the European Parliament and the Council on the implementation of this Regulation.
Amendment 77 #
2022/0252M(NLE)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to make sureStresses that human rights concerns are duly taken into accountto be considered during any future negotiations on an EU-Thailand FTA; and that outstanding issues must be solved as a precondition to concluding the negotiations; stresses that EU FTAs provide for the so-called “non-execution clause” leading to the suspension of trade preferences in case of violations of PCAs’ essential elements;
Amendment 79 #
2022/0252M(NLE)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Recalls that Article 1(2) of the PCA confirms the Parties’ commitment to promoting sustainable development in all its dimensions, to cooperating in addressing challenges of climate change and globalisation, and to contributing to the 2030 Agenda for Sustainable Development; expects the Parties to agree to an FTA’s Trade and Sustainable Development Chapter that is fully in line with the new EU’s approach outlined in the Commission Communication “The power of trade partnerships: together for green and just economic growth”, and which is therefore sanctionable under the main dispute settlement mechanism of the FTA;
Amendment 81 #
2022/0252M(NLE)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Welcomes the agreement to cooperate and to provide technical assistance with a view to working towards the ratification and implementation of the fundamental ILO Conventions as well as to cooperate on promoting the ratification and implementation of other up-to-date ILO Conventions, including but not limited to the Freedom of Association and Protection of the Right to Organise and on the Right to Organise and Collective Bargaining; recalls that ratification and effective implementation of relevant ILO conventions is a key feature of the enforceable commitments under EU’s FTA, specifically TSD chapters, and expects the same level of ambition also in view of an FTA with Thailand;
Amendment 83 #
2022/0252M(NLE)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Acknowledges efforts made by the Government to tackle human rights abuses related to trafficking and forced labour; remains, however, concerned about the labour conditions of migrant workers, including of workers in the fishing sector, as well as about the situation of women migrant workers; in this context, calls on the Thai authorities to take the necessary steps to tackle forced labour and other human rights abuses;
Amendment 84 #
2022/0252M(NLE)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Welcomes the inclusion of provisions on Sustainable Food System underpinning cooperation in such an area, thereby providing a basis for the inclusion of a dedicated chapter in the FTA, and in line with the relevant EU flagship policies, such as the Farm to Fork Strategy; stresses that the agriculture sector has important sensitivities for both Thailand and the EU which should allow for a mutual understanding on a limited liberalisation that is anchored on sustainability principles;
Amendment 85 #
2022/0252M(NLE)
Motion for a resolution
Paragraph 17 e (new)
Paragraph 17 e (new)
17e. Notes the relevant PCA provisions on investment aimed at enhancing understanding and cooperation on investment issues; takes the view that future investment-related provisions in the FTA should only aim at ensuring non- discrimination of respective investors and provide support to Thailand to continue improving administrative procedures and the general business environment;
Amendment 1 #
2022/0142M(NLE)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the Paris Climate Agreement;
Amendment 2 #
2022/0142M(NLE)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
— Having regard to the UN Sustainable Development Goals;
Amendment 11 #
2022/0142M(NLE)
Motion for a resolution
Recital O a (new)
Recital O a (new)
O a. Whereas widespread illegal deforestation in the Brazilian Amazon constitutes a serious concern that should be addressed in the VPA;
Amendment 14 #
2022/0142M(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises that the full implementation and enforcement of the VPA will be a long process which will require the adoption of a whole set of legislation and adequate administrative capacity and expertise to ensure its implementation and enforcement;;
Amendment 15 #
2022/0142M(NLE)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that sustainable and inclusive forest management and governance is essential to achieve the objectives set in the 2030 Agenda for Sustainable Development and the Paris Agreement; underlines the risks posed by Guyana’s expanding oil, gas and mining industries; notes with concern the lack of coherence between regulation in the forest sector and that in the mining sector;
Amendment 16 #
2022/0142M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the implementation and monitoring stage requires genuine consultations and multi- stakeholder involvement, including the meaningful participation of civil society and local and indigenous communities in decision- making guaranteeing the respect of land tenure rights and the Free, Prior and Informed Consent principle; recalls the need to enhance transparency and ensure the effective public disclosure of information and the timely sharing of documents with local and indigenous peoples;
Amendment 20 #
2022/0142M(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the success of the FLEGT VPA also depends on tackling fraud and corruption throughout the timber supply chain; urges the Government of Guyana to reinforce data collection to improve the implementation of the traceability system, and to continue to work to stop widespread corruption and address other factors fuelling illegal logging and forest degradation, with particular regard to customs and other authorities that will play a pivotal role in the implementation and enforcement of the VPA; stresses the need to end impunity in the forest sector by protecting environmental human right defenders and whistle-blowers and ensuring effective remedies for human rights violations; in this context, welcomes the ratification of the Escazú Agreement by Guyana and stresses the need to guarantee full recognition of land tenure rights of local communities and indigenous peoples, notably Amerindian communities, and the principle of free, prior and informed consent (FPIC) of Indigenous People and Local Communities, including in the context of mining; recalls that the FPIC is a pre- condition before the purchase or the use of customary forest lands, as recognised in international human rights law, namely ILO Convention N°169 on Indigenous and Tribal Peoples and the standards set out in the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests;
Amendment 23 #
2022/0142M(NLE)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses the need to address the regional dimension of illegal logging and the transport, processing and trade of illegal timber throughout the supply chain; calls for this regional dimension, in particular in relation to the Brazilian Amazon, to be included in the VPA evaluation process in the form of an assessment of the link between the existence of weaker enforcement mechanisms in neighbouring countries and the increase of exports from such countries to the EU;
Amendment 28 #
2022/0142M(NLE)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls for the EU to ensure the coherence of the VPA with all its policies, including in the fields of development, the environment, agriculture and trade;
Amendment 29 #
2022/0142M(NLE)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Asks the Commission to report to the Parliament annually on progress made by Guyana in implementing the VPA, including against the requirements of this resolution, as well as on the activities of the Joint Implementation Committee, with a view to enabling an informed decision once the delegated act authorising the acceptance of FLEGT licences is proposed
Amendment 11 #
2022/0068(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) On 10 April 1998 the Belfast Agreement was signed by the Government of the UK, the Government of Ireland and the other participants in the multi-party negotiations (the ‘Good Friday Agreement’). The Protocol on Ireland/Northern Ireland of the Withdrawal Agreement provides for a legal framework that preserves the Good Friday Agreement in all its parts and the rights of the people of Northern Ireland, and safeguards peace, single market integrity and the all-island economy and therefore avoids a hard border. It is the UK’s obligation to ensure that the Good Friday Agreement in all its parts applies under all circumstances.
Amendment 14 #
2022/0068(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Union and the United Kingdom including its devolved institutions may conclude other bilateral agreements between them that constitute supplementing agreements to the Trade and Cooperation Agreement and such supplementing agreements are an integral part of the overall bilateral relations as governed by this Agreement and form part of the overall framework.
Amendment 16 #
2022/0068(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Should the need arise to exercise its rights in implementing and enforcing the Withdrawal Agreement and the Trade and Cooperation Agreement, the Union should be in a position to make appropriate use of the instruments available to it swiftly and in a proportionate, effective and flexible manner, while fully involving Member States and keeping the European Parliament and the EU Domestic Advisory Group under the Trade and Cooperation Agreement informed. The Union should also be able to take appropriate measures if effective recourse to binding dispute settlement under those Agreements is not possible because the United Kingdom does not cooperate in making such recourse possible. It is therefore necessary to lay down rules and procedures governing the adoption of those measures.
Amendment 23 #
2022/0068(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure uniform conditions for the implementation of this Regulation, and in particular in order to ensure the swift, effective and flexible exercise of the corresponding Union’s rights under the Withdrawal Agreement and the Trade and Cooperation Agreement, implementing powersthe power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be conferrdelegated ton the Commission to adoptin respect of the measures referred to above and to and to adopt, as appropriate, measures restricting trade or other activities. Those powers should also extend to the amendment, suspension or repeal of the adopted measures. They should be exercised in accIt is of particular impordtance with Regulation (EU) No 182/2011 of the European Parliament and of the Council24 . Given that the envisaged measures entail the adoption of acts of general scope, and that most of the envisaged measures relate to the areas referred to in Article 2(2), point (b), of that Regulthat the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 20161a. In particular, to ensure equal participation, in the examination procedure should be used for the adoption of those measures. The Commission should adopt immediately applicablpreparation of delegated acts, the European Parliament and the Council should receive all documents at the same timplementing acts where, in duly justified cases, imperative grounds of urgency so require for the appropriate protection of the Union’s interese as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 241a Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 30 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1 – introductory part
Article 2 – paragraph 1 – subparagraph 1 – introductory part
The Commission shall be empowered, by means of implementing acts, to adopt delegated acts in accordance with Article 3a concerning:
Amendment 31 #
2022/0068(COD)
(a) to adopt the measures referred to in Article 1(2) of this Regulation; and
Amendment 34 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
Where appropriate, those implementingdelegated acts shall specify the duration of the adopted measures.
Amendment 38 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) effectiveness of the measures in inducing compliance of the United Kingdom with the agreements referred to in Article 1(1) in particular the Good Friday Agreement in all its parts which apply under all circumstances;
Amendment 40 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) potential of the measures to guarantee citizens’, consumers’ and workers’ rights, contribute to sustainable development to provide relief to economic operators within the Union affected by the measures of the United Kingdom;
Amendment 45 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered to amenddopt delegated acts in accordance with Article 3a concerning amendment, suspendsion or repeal of the measures referred to in Article 1(2) by means of implementing acts. Where appropriate, those implementingdelegated acts shall specify the duration of the suspension.
Amendment 47 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. The Commission shall fully inform the Council, the European Parliament and the Domestic Advisory Group simultaneously in written and in a timely manner of all difficulties that may arise, in particular possible breaches of the Agreements and other situations that may give rise to measures taken pursuant to this Regulation, as well as of its intention to adopt measures referred to in paragraph 1 and of the follow up to any measures taken. In addition, when requested by the European Parliament, the Commission shall present and explain difficulties, possible breaches, intended measures and follow-up, in a meeting of the European Parliament’s responsible committee which may decide to follow-up by expressing its position in writing through a letter to the Commission. The Commission shall take the utmost account of the views expressed by the European Parliament. If the Commission does not follow the position of the European Parliament, the Commission shall explain in writing the reasons for not doing so.
Amendment 53 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Where there is a particular concern of one or more Member States, that or those Member Statesany Member State or the European Parliament, may request the Commission to adopt measures referred to in Article 1(2). If the Commission does not respond positively to such a request, it shall inform the Council ijustify its response in a written and timely manner of its reasons.
Amendment 55 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. If, due to persisting significant divergences, rebalancing measures referred to in Article 1(2), point (c), of this Regulation last for more than a year, one or more Member States, and the European Parliament may request the Commission to activate the review clause provided for in Article 411 of the Trade and Cooperation Agreement. The Commission shall examine this request in a timely manner and shall consider seizing as appropriate the Partnership Council of that matter, in accordance with the provisions set out in the Trade and Cooperation Agreement. If the Commission does not respond positively to such a request, it shall inform the CouncilEuropean Parliament, the Council and the EU Domestic Advisory Group under the Trade and Cooperation Agreement in a timely manner of its reasons.
Amendment 60 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 61 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
7. On duly justifiedWhere imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in so require, the procedure provided for in Article 3b shall apply to delegated acts adopted pursuant to this Article 3(3).
Amendment 63 #
2022/0068(COD)
Proposal for a regulation
Article 3
Article 3
Amendment 65 #
2022/0068(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 66 #
2022/0068(COD)
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3 b Urgency procedure 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 3a(6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.
Amendment 67 #
2022/0068(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Annual reporting 1. When the Commission submits its annual reports to the European Parliament, to the Council and to the EU Domestic Advisory Group under the Trade and Cooperation Agreement on the implementation and application of the Trade and Cooperation Agreement and the Withdrawal agreement, it shall also include an overview of the complaints received regarding the Trade and Cooperation Agreement, as well as their follow up, and of measures adopted under Article 2. 2. The European Commission, when requested by the European Parliament, shall present and explain any issues related to the implementation of this Regulation within two months of the submission of the Commission’s report.
Amendment 52 #
2022/0066(COD)
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or partners, whether or not the offender shares or has shared the same residence with the victim . _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
Amendment 65 #
2022/0066(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 and, where relevant, the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva. It should be complemented by a full ratification and implementation by Member States of the Istanbul Convention and ILO Convention No 190 on violence and harassment in the world of work _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.
Amendment 70 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, social or economic status, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or, sexual orientation gender identity, gender expression and sex characteristics . Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
Amendment 77 #
2022/0066(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Victims should be able to report crimes of violence against women or domestic violence easily without being subject to secondary or repeat victimisation. To this end, Member States should provide the possibility to submit complaints in-person as well as online or through other information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour.
Amendment 78 #
2022/0066(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In the case of domestic violence and violence against women, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against women affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that they are not held liable for breach of confidentiality. all ensure that a gender-responsive and child-responsive risk assessment and risk management is conducted, and that tailored safety, protection and support measures are immediately adopted. Member States should ensure that reporting professionals are not held liable for breach of confidentiality while ensuring that the victim’s privacy is safeguarded and that they are protected against possible retaliation.
Amendment 85 #
2022/0066(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Victims of domestic violence and violence against women are typically in need of immediate protection or specific support, for example in the case of intimate partner violence, where the rate of recidivism tends to be high. Therefore, an individual assessment to identify the victim’s protection needs should be conducted upon the very first contact of competent authorities with the victim or as soon as suspicion arises that the person is a victim of violence against women or domestic violence. This can be done before a victim has formally reported an offence or proactively if a third party reports the offence. Member States shall ensure that the corresponding competent authority has sufficient funding, staff and other resources to conduct individual assessments, including by cooperating with other agencies and support services (health, social services, etc.). When the victim of violence is a child, protection and support should also extend to non- violent parents or guardians.
Amendment 88 #
2022/0066(COD)
Proposal for a directive
Recital 29
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety and providing tailored support, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring special attention could include the victim’s pregnancy, disabilities, or the victim’s economic, familial or other dependence on or relationship to the offender.
Amendment 89 #
2022/0066(COD)
Proposal for a directive
Recital 45
Recital 45
(45) ATailored and quality assistance and support to victims of violence against women and domestic violence should be available and provided before, during and for an appropriate period after the criminalas long as needed after the violence occured, the criminal proceedings and relevant civil proceedings (such as civil liability, divorce, termination of a legal partnership or custody proceedings) have ended, for example where medical treatment is still needed to address the severe physical or psychological consequences of the violence, or if the victim’s safety is at risk in particular due to the statements made by the victim in those proceedings. Such assistance and support should be provided free of charge and with the possibility of recovering the costs from the offender.
Amendment 92 #
2022/0066(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Specialist support should offer victims quality and free support tailored to their specific needs, and irrespective of any official complaint. Such services could be provided in addition to, or as an integrated part of, general victim support services, which may call on existing entities providing specialist support. Specialist support may be provided by national authorities, victims’ support organisations, or other non- governmental organisations. They should be granted sufficient human and financial resources and, where the services are provided by non-governmental organisations, Member States should ensure that they receive appropriate funds.
Amendment 98 #
2022/0066(COD)
Proposal for a directive
Recital 55
Recital 55
(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of accessWhen a child is a victim of violence or is at risk of becoming a victim, whether direct or as a witness, of an offender or suspect who is a holder of parental responsibility with rights of access, Member States should ensure that such access rights are suspended or terminated in the best interest of the child. In other cases, in order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should always assess if it is in the best interest of the child to uphold such rights to access prior to visits. In case of a positive assessment, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. If needed, the visits should take place in the presence of child protection or welfare officials. Where it is necessary to provide for interim accommodation, children should as a priority be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child should be always taken into account.
Amendment 105 #
2022/0066(COD)
Proposal for a directive
Recital 58 a (new)
Recital 58 a (new)
(58 a) Member States should meaningfully include impacted persons, communities and groups at heightened risk of gender based violence and their representatives in the development, implementation and evaluation of relevant policies, including preventive measures, education and research activities. Meaningful involvement at all levels of at-risk groups and communities and partnership with community-based organisations is a prerequisite of effective preventive and awareness raising measures and strategies.
Amendment 108 #
2022/0066(COD)
Proposal for a directive
Recital 60
Recital 60
(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that professionals and volunteer workers likely to come into contact with victims receive training and targeted information. Trainings should cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions should also receiverelevant due diligence measures should be incorporated in company policies at all levels. In particular persons in management functions and those with supervisory functions should receive training. Specialised support services and civil society organisations working on women’s rights and violence against women, should be involved in the development of the relevant policies and trainings. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
Amendment 110 #
2022/0066(COD)
Proposal for a directive
Recital 60 a (new)
Recital 60 a (new)
(60 a) In order to prevent secondary victimisation, Member States should provide law enforcement officers and judicial staff working on criminal as well as civil proceedings with initial and continued training on preventing and responding to gender based violence. Such training should be development and organised in cooperation with specialised services and civil society organisations.
Amendment 119 #
2022/0066(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex or gender and other grounds so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5) and Article 37(7).
Amendment 125 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) “gender” shall mean the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for men and women;
Amendment 129 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) “child” means any person below the age of 18 years. When there are doubts about the age of the victim, irrespective of what is stated on seemingly official documents, and there are reasons to believe that the victim is below the age of 18 years of age, the victim shall be presumed to be a child pending age verification;
Amendment 130 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
(j) “dependant” means a child of the victim or any person, other than the offender or suspect, living in the same household as the victim on a part-time or fulltime basis, for whom the victim is providing care and support.
Amendment 147 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that victims can report criminal offences of violence against women or domestic violence to the competent authorities in an easy and accessible manner. This shall include the possibility of reporting criminal offences via a free telephone helpline as well as online or through other information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence. The persons working on helplines and handling reports received through other channels, shall be trained to be responsive with regards to gender, age, disability and other relevant intersecting issues.
Amendment 152 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall take the necessary measures to encourage any person who knows about or suspects, in good faith, that offences of violence against women or domestic violence have occurred, or that further acts of violence are to be expected, to report this to the competent authorities. Member States shall ensure that a gender- and child- responsive risk assessment and risk management is conducted, and that tailored safety, protection and support measures are immediately adopted upon receiving such a report.
Amendment 155 #
2022/0066(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that a serious act of violence covered under this Directive has been committed or further serious acts of violence are to be expected. When competent authorities receive such a report, they shall ensure that the victim’s privacy is safeguarded and that they are protected against possible retaliation.
Amendment 165 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The individual assessment shall focus on the risk emanating from the offender or suspect, including the risk of repeated violence, the risk of bodily harm, the use of weapons, the offender or suspect living with the victim, an offender or suspect’s drug or alcohol misuse, child abuse, mental health issues or behaviour of stalking. Where relevant, the assessment shall also cover the need to suspend or terminate parental responsibility with rights to access of the offender or suspect in the best interest of a child, including with regards to prior or future civil rights proceedings, in accordance with article 26a.
Amendment 169 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as victim protection centres and women’s shelters, social services and child welfare services as well as healthcare professionals.
Amendment 170 #
2022/0066(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where needed in the best interest of the child , they shall be able to refer child victims, including witnesses, to support services without the prior consent of the holder of parental responsibility.
Amendment 176 #
2022/0066(COD)
Proposal for a directive
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3a. When a child is a victim or is in danger of becoming a victim of violence, whether directly or as a witness, of an offender or suspect who is a holder of parental responsibility with rights of access, Member States shall ensure that such access rights are immediately suspended or terminated respectively.
Amendment 178 #
2022/0066(COD)
Proposal for a directive
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
Member States shall issue guidelines for the competent authorities acting in criminal and relevant civil proceedings including civil liability, divorce, termination of a legal partnership or custody proceedings, including prosecutorial and judicial guidelines, concerning cases of violence against women or domestic violence. Those guidelines shall be developed in close cooperation with specialised services and civil society organisations working on women’s and children’s rights and shall include guidance on:
Amendment 185 #
2022/0066(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure that victims are able to obtain a decision on compensation in the course of criminal proceedings. This shall be without prejudice to the right of any person, in particular if they were not a civil party in the criminal proceedings, to claim compensation for damages from an offender in civil proceedings, in accordance with national legislation.
Amendment 188 #
2022/0066(COD)
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Article 26 a Implications of gender based violence in civil law proceedings 1. Whenever a person has been found guilty of criminal conduct which amounts to violence against women or domestic violence as criminalised under Union or national law, this shall be considered as irrefutable proof in relevant civil proceedings, including civil liability, divorce, termination of a legal partnership or custody proceedings. 2. Member States shall ensure that incidents of gender based violence lead to an automatic revision of prior decisions with regards to parental responsibility, custody and access rights, and are taken into account in any future proceedings. 3. When a child is a victim of violence or is at risk of becoming a victim, whether direct or as a witness, of an offender or suspect who is a holder of parental responsibility with rights of access, Member States shall ensure that such access rights are immediately suspended or terminated respectively. In other cases where the child is not a victim or at risk of becoming a victim, Member States shall always assess if it is in the best interest of the child to uphold the rights to access of a suspect or an offender prior to each visit.
Amendment 197 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and social service professionals and volunteers, on identifying and providing appropriate support to victims of all forms of violence against women and domesticgender based violence, including on referring victims to the relevant support services. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds of discrimination. Affected persons and communities should be meaningfully included in developing such guidelines and protocols, directly or through their representatives and representative organisations.
Amendment 199 #
2022/0066(COD)
Proposal for a directive
Article 27 – paragraph 7
Article 27 – paragraph 7
7. Member States shall ensure that specialist support services are available to victims before, during and for an appropriate time after criminal proceedingsas long as needed after the violence occurred, criminal proceedings as well as relevant civil proceedings. Such assistance and support shall be provided free of charge and with the possibility for national authorities to recover the costs from the offender.
Amendment 202 #
2022/0066(COD)
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Article 27(3), (6) and (67) shall apply to the provision of support for victims of sexual violence.
Amendment 203 #
2022/0066(COD)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Article 27(3), (6) and (67) and Article 28(2) shall be applicable to the provision of support for victims of female genital mutilation.
Amendment 207 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advice for victims of violence against women and domestic violence. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other information and communication technologies, including online applications. Such helplines and services shall be run by or with the support of specialised services.
Amendment 209 #
2022/0066(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Member States shall ensure that the persons working on helplines and other channels are trained to be responsive, taking into account an intersectional approach. Member States shall take appropriate measures to ensure the accessibility of services referred to in paragraph 1 for end-users with disabilities, including providing support in easy to understand language. Those services shall be accessible in line with the accessibility requirements for electronic communications services set in Annex I to Directive 2019/882/EU of the European Parliament and of the Council52 . _________________ 52 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services, OJ L 151, 7.6.2019, p. 70–115.
Amendment 215 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violence. They shall assist them in their recovery, providing adequate and appropriate living conditions with a view on a return to independent living. Shelters and other interim accomodations shall be adapted to allow for children to stay with the holder of parental responsibilities who is not an offender nor suspect of violence.
Amendment 220 #
2022/0066(COD)
Proposal for a directive
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The shelters and other appropriate interim accommodations shall be available to victims and their dependants regardless of their nationality, citizenship, place of residence or residence status.
Amendment 222 #
2022/0066(COD)
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Member States shall ensure that children are provided specific adequate support as soon as the competent authorities have reasonable grounds to believe that the children might have been subject to, including having witnessed, violence against women or domestic violence, including by having witnessed such violence. Support to children shall be specialised and age- appropriate, respecting the best interests of the child, and taking into account any relevant other specific needs including with regards to langage skills, disability and other relevant intersecting issues.
Amendment 224 #
2022/0066(COD)
Proposal for a directive
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Child victims shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored to their specific and individual needs and in particular to situations of domestic violence.
Amendment 226 #
2022/0066(COD)
Proposal for a directive
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Where it is necessary to provide for interim accommodation, children shall as a priority be placed together with other family members, in particular with a non- violent parent in permanent or temporary housing, equipped with support servicenon-violent parent or guardian, or in their absence, with a close relative, in permanent or temporary housing, equipped with support services. Children shall be heard and allowed to express their views on such placement in accordance with their age, maturity and language skills. Placement in shelters shall be a last resort.
Amendment 231 #
2022/0066(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Without prejudice to article 26a and only in case of a positive assessment with regards to the best interest of the child concerned, Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against women or domestic violence, to the extent that the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child.
Amendment 234 #
2022/0066(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with a minority racial or ethnic background, women sex workers, women detainees, or older women, or LBTIQ women and other LGBTIQ persons subject to gender-based violence .
Amendment 236 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shall take appropriate actions to prevent violence against women and domestic violence. Prevention policies and measures shall cover primary, secondary and tertiary action. Primary prevention shall focus on reducing vulnerability before violence occurs, secondary prevention shall focus on identifying violence and intervening to disrupt it as early as possible and tertiary prevention shall cover long-term intervention to reduce the negative impact of violence and prevent reoffending.
Amendment 240 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Preventive measures shall include awareness-raising campaigns, research and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and o. Member States shall ensure meaningful involvement of and cooperation with all stakeholders, including relevant civil society organisations, social partners, as well as impacted persons, groups and communities, directly or through their stakeholderrepresentatives and representative organisations.
Amendment 245 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. Targeted action shall be addressed to groups at risk, including children, according to their age and, maturity and language skills , and persons with disabilities, taking into consideration language barriers and different levels of literacy and abilities. Information for children shall be formulated in a child- friendly way.
Amendment 252 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Preventive measures shall in particular aim at challenging harmful gender stereotypes, promoting gender equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
Amendment 254 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 8
Article 36 – paragraph 8
8. Member States shall ensure that sexual harassment at work is addressed in relevant national policies and company policies. Those national policies shall identify and establish targeted actions referred to in paragraph 2 for sectors where workers are most exposed. Relevant due diligence policies and measures shall be incorporated in company policies at all levels. Specialised support services, including women support services and civil society organisations working on women’s rights and gender based violence, shall be involved in the development of the relevant national and company policies and trainings.
Amendment 256 #
2022/0066(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive initial and continued training as well as both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence and to treat victims in a trauma-, gender- and child- sensitive manner. Such training should be development and organised in cooperation with specialised services and civil society organisations working on women’s and children’s rights.
Amendment 262 #
2022/0066(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
Member States shall cooperate with and consult civil society organisations, including non-governmental organisations working with victims of violence against women or domestic violence, organisations working with persons in a vulnerable situation or with a heightened risk of domestic abuse, and community- based organisations, in particular in providing support to victims, concerning policymaking initiatives, information and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims.
Amendment 270 #
2022/0066(COD)
Proposal for a directive
Article 49 – paragraph 1
Article 49 – paragraph 1
Nothing in this Directive shall be construed as lowering, limiting or derogating from any of the rights and procedural safeguards that are guaranteed under the law of any Member State which provides a higher level of protection. Member States shall not lower that higher level of protection guaranteed at the time of entry into force adoption of this Directive by The European Parliament and the Council.
Amendment 261 #
2022/0051(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The Union is founded on the respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights as enshrined in the EU Charter of Fundamental Rights. Article 191 of the Treaty on the Functioning of the European Union (TFEU) states that Union policy shall contribute to preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilisation of natural resources and promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change. Those core values that have inspired the Union’s own creation, as well as the universality and indivisibility of human and environmental rights, and respect for the principles of the United Nations Charter and international law, should guide the Union’s action on the international scene. Such action includes fostering the sustainable economic, social and environmental development of developing countries.
Amendment 263 #
2022/0051(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
Amendment 268 #
2022/0051(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The behaviour of companieundertakings across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companieundertakings, especially large ones, rely on global value chains. It is also in the interest of companies toundertakings to safeguard good governance and protect human rights and, the environment, the climate and more globally all planetary boundaries, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value-oriented transformation already exist on Union77 , as well as national78 level. . Furthermore, ensuring that social inequalities resulting from human rights, good governance, environmental and climate related impacts and policies are prevented and resolved and that measures taken to safeguard good governance and protect human rights, the environment and climate are carried out in a socially just and inclusive way, including by incorporating a gender perspective at all stages of the due diligence process. _________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
Amendment 281 #
2022/0051(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Undertakings should be responsible accountable for using their influence to contribute to a living wage in value chains. Living 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.
Amendment 284 #
2022/0051(COD)
Proposal for a directive
Recital 8
Recital 8
(8) International agreements under the United Nations Framework Convention on Climate Change, to which the Union and the Member States are parties, such as the Paris Agreement84 and the recent Glasgow Climate Pact85 , set out precise avenues to address climate change and keep global warming within 1.5 C degrees. Besides specific actions being expected from all signatory Parties, the role of the private sector, in particular its investment strategies, is considered central to achieve these objectives. _________________ 84 Indeed, just 100 undertakings have been the source of more than 70% of the world’s greenhouse gas emissions since 1988, representing nearly 1 trillion tonnes of greenhouse gas emissions8a. However, there is a fundamental mismatch between corporate climate commitments and their actual investments to fight against climate change. In 2021, 60 % of the public communications material from the 5 supermajor oil undertakings included a green claim, but only 12 % of their capital expenditure (CAPEX) was forecasted to be dedicated to 'low carbon 'activities8b. This Directive is therefore an important legislative tool to avoid any misleading neutrality or other misleading claims and to stop greenwashing and fossil fuels expansion worldwide in order to achieve International and European climate objectives, also recommended by the latest scientific reports8c. _________________ 8a CDP Carbon Majors Report, 2017 8b Influence Map Report, Big Oil's Real Agenda on Climate Change 2022, September 2022, https://influencemap.org/report/Big-Oil-s- Agenda-on-Climate-Change-2022-19585 8c IEA, Net Zero by 2050, A Roadmap for the Global Energy Sector, p. 51. 84 https://unfccc.int/files/essential_backgroun d/convention/application/pdf/english_paris _agreement.pdf. 85 Glasgow Climate Pact, adopted on 13 November 2021 at COP26 in Glasgow, https://unfccc.int/sites/default/files/resourc e/cma2021_L16_adv.pdf.https://unfccc.int/ sites/default/files/resource/cma2021_L16_ adv.pdf.
Amendment 289 #
2022/0051(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In the European Climate Law86 , the Union also legally committed to becoming climate-neutral by 2050 and to reducing emissions by at least 55% by 2030. Both these commitments require changing the way in which companieundertakings produce and procure. The Commission’s 2030 Climate Target Plan87 models various degrees of emission reductions required from different economic sectors, though all need to see considerable reductions under all scenarios for the Union to meet its climate objectives. The Plan also underlines that “changes in corporate governance rules and practices, including on sustainable finance, will make company owners and managers prioritise sustainability objectives in their actions and strategies.” The General Union Environmental Action Programme to20309a (‘8th EAP’), the framework for Union action in the field of the environment and climate, aims to accelerate the green transition to a climate-neutral, sustainable, non-toxic, resource-efficient, renewable energy- based, resilient and competitive circular economy in a just, equitable and inclusive way, and to protect, restore and improve the state of the environment by, inter alia, halting and reversing biodiversity loss. The 2019 Communication on the European Green Deal88 sets out that all Union actions and policies should pull together to help the Union achieve a successful and just transition towards a sustainable future. It also sets out that sustainability should be further embedded into the corporate governance framework. _________________ 9a General Union Environment Action Programme to 2030, A9-0203/127; 86 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) PE/27/2021/REV/1 (OJ L 243, 9.7.2021, p. 1). 87 SWD/2020/176 final. 88 COM/2019/640 final.
Amendment 290 #
2022/0051(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The 2030 climate mitigation objective is swift and predictable reduction of greenhouse gas emissions and, at the same time, enhancement of removals by natural sinks in the Union to attain the 2030greenhouse gas emission reduction target as laid down in Regulation (EU)2021/1119, in line with the Union’s climate and environment objectives, whilst ensuring a just transition that leaves no one behind. This Directive should support objectives of the 8th EAP which lays down the enabling condition of phasing out of environmentally harmful subsidies, including through setting a deadline for the phasing out of fossil fuel subsidies consistent with the ambition of limiting global warming to 1,5°C as well as a binding Union framework to monitor and report on Member States’ progress towards phasing out fossil fuel subsidies.
Amendment 293 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, produced goods and services throughout their life cycle, and those of their subsidiaries, as well as their established direct and indirect business relationships throughout their value chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. The action should be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Account should be taken of the specificities of the company’s value chain, sector or geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 294 #
2022/0051(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
Amendment 299 #
2022/0051(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) Companies should develop and adapt the due diligence measures in light of the context, environment, and political and social realities in which companies, their subsidiaries and their business relationships throughout their value chains operate. In conflict-affected and high-risk areas, companies run an increased risk of involvement with severe human rights abuses. In these areas companies should therefore undertake heightened, conflict-sensitive due diligence, in order to address these heightened risks and to ensure that they do not facilitate, finance, exacerbate or otherwise negatively impact the conflict or contribute to violations of international human rights law or international humanitarian law in conflict-affected or high-risk areas.
Amendment 300 #
2022/0051(COD)
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16 b) Heightened due diligence includes complementing the standard due diligence with a thorough conflict analysis, based on meaningful and conflict-sensitive stakeholder engagement and aimed at ensuring an understanding of the root causes, triggers and parties driving the conflict and the impact of the company’s business activities on the conflict. In situations of armed conflict and/or military occupation, companies should respect the obligations and standards identified in International Humanitarian Law (IHL) and International Criminal Law (ICL) standards. Companies should follow guidance provided by relevant international bodies, including the International Committee of the Red Cross and the UNDP.
Amendment 303 #
2022/0051(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companieundertakings active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights, good governance, and environmental and climate impacts connected with companieundertakings’ own operations, goods throughout their life cycle and services, and those of their subsidiaries and value chains.
Amendment 306 #
2022/0051(COD)
Proposal for a directive
Recital 21
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).
Amendment 310 #
2022/0051(COD)
Proposal for a directive
Recital 22
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 basedand climate issues, this Directive should provide a list of high-impact sectors based, among others, on existing sectoral OECD due diligence guidance. The following sectors that should be regarded as high-impact for the purposes of this Directive: include: the energy sector, including gas, nuclear, steam, electricity and other sources throughout their life cycle from extraction, refining, production, combustion of fuels, transportation, storage and waste management, including radioactive waste; the chemical sector; the manufacture of textiles, apparel, fur, leather and related products (including footwear), and the wholesale trade and retail of textiles, clothing and footwear; plastic production, waste shipment and management; agriculture, forestry, fisheries (including aquaculture),; the management of land and resources (including in relation to nature conservation or other related activities); the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, animal products, wood, food, and beverages; the construction sector and infrastructure building; transportation sector, logistics and storage; 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; the production, use and waste management of electronic products; waste management sector; employment activities; health, social and elder care; cleaning 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 covehousehold services; hospitality; financial and insurance activities; technology, digital activities and online platforms; manufacture and trade of weapons and ammunition, including dual-use items, manufacture and tragde of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even ifmilitary fighting vehicles; private security activities and security systems service activities, including they do not have a legal form with limited liabilityevelopment and operation of biometrics and surveillance technologies.
Amendment 311 #
2022/0051(COD)
Proposal for a directive
Recital 15
Recital 15
(15) CompanieUndertakings should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, produced goods and services throughout their life cycle, and those of their subsidiaries, as well as their established direct and indirect business relationships throughout their value chains and therefore beyond the first tier of the value chain, in accordance with the provisions of this Directive. This Directive should not require companieundertakings to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the companyundertaking might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The companya standard of conduct. The undertaking should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. The action should be proportionate to the significance and scale of the adverse impact and to the contribution of the undertaking s conduct to the adverse impact. Account should be taken of the specificities of the companyundertaking’s value chain, sector or geographical area in which its value chain partners operate, the companyundertaking’s power to influence its direct and indirect business relationships, and whether the companyundertaking could increase its power of influence.
Amendment 314 #
2022/0051(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and, environmental and climate 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 and climate 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 and climate 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 theWhere the company cannot prevent, bring to an end or minimize all its 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 isame time, it should develop and implement a prioritisation strategy in consultation with stakeholders, which shall take into account the level of severity, likelihood, the duration, the spread and reversibility of the different potential adverse impacts on human rights, the environmento account the specific circumstancesnd the climate.
Amendment 318 #
2022/0051(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Undertakings should develop and adapt the due diligence measures in light of the context, environment, and political and social realities in which undertakings, their subsidiaries and their business relationships throughout their value chains operate. In conflict-affected and high-risk areas, undertakings run an increased risk to be involved in severe human rights abuses. In these areas undertakings should therefore undertake heightened, conflict-sensitive due diligence, in order to address these heightened risks and to ensure that they do not facilitate, finance, exacerbate or otherwise negatively impact the conflict or contribute to violations of international human rights law or international humanitarian law in conflict-affected or high-risk areas.
Amendment 319 #
2022/0051(COD)
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) Heightened due diligence includes complementing the standard due diligence with a thorough conflict analysis, based on meaningful and conflict-sensitive stakeholder engagement and aimed at ensuring an understanding of the root causes, triggers and parties driving the conflict and the impact of the undertaking’s business activities on the conflict. In situations of armed conflict and/or military occupation, undertakings should respect the obligations and standards identified in International Humanitarian Law (IHL) and International Criminal Law (ICL) standards. undertakings should follow guidance provided by relevant international bodies, including the International Committee of the Red Cross and the UNDP.
Amendment 322 #
2022/0051(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) 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 undertakings, 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.
Amendment 328 #
2022/0051(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons, groups, communities, entities and organisations to submit complaints directly to them in case of legitimate concerns regarding actual or potential human rights and, environmental and climate adverse impacts. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual adverse impac, human rights and environmental rights defenders, or other legal or natural persons who have as a statutory purpose the defence of human rights, climate and the environment. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaints should be entitled to request from the company appropriate follow-up on the complaint and to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint. This access should not lead to unreasonable solicitations of companies.
Amendment 330 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should, in consultation with stakeholders, carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 333 #
2022/0051(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Like in the existing international standards set by the United Nations Guiding Principles on Business and Human Rights and the OECD framework, it forms part of the due diligence requirement to communicate externally relevant information on due diligence policies, processes and activities conducted to identify and address actual or potential adverse impacts, including the findings and outcomes of those activities. The proposal to amend Directive 2013/34/EU as regards corporate sustainability reporting sets out relevant reporting obligations for the companies covered by this directive. In order to avoid duplicating reporting obligations, this Directive should therefore not introduce any new reporting obligations in addition to those under Directive 2013/34/EU for the companies covered by that Directive as well as the reporting standards that should be developed under it. As regards companies that are within the scope of this Directive, but do not fall under Directive 2013/34/EU, in order to comply with their obligation of communicating as part of the due diligence under this Directive, they should publish 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.
Amendment 333 #
2022/0051(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The value chain should cover all activities related to the production and use of a good or provision of services by a companyn undertaking, its subsidiaries or undertakings in which it holds minority shareholding, including the development of the product or the service and the use, waste management and disposal of the product as well as the related activities of established business relationships of the companyundertaking or its subsidiaries. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply primary and secondary raw materials, products, parts of products, or provide services to the companyundertaking that are necessary to carry out the companyundertaking’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company