703 Amendments of Chris MACMANUS
Amendment 5 #
2023/2044(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the EU Regional Competitiveness Index measures the major factors of competitiveness for all the NUTS-2 level regions across the European Union which includes rural areas; Notes that the Member States with the highest proportion of the least competitive rural regions in the EU were found to be in Bulgaria, Croatia, Czechia, Greece, Ireland, Italy, Latvia, Lithuania, Poland, Portugal, Romania, Spain,1a _________________ 1a European Commission, EU Regional Competitiveness Index 2022
Amendment 25 #
2023/2044(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the potential for rural areas, and farms in particular, for the development of renewable energies, such as solar panels on the roofs of farm buildings; underlines the need to ensure that rural areas are well connected to an adequately reinforced electricity grid to allow rural renewable energy producers to fully participate in the energy transition;
Amendment 29 #
2023/2044(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recognises the importance of infrastructural development in rural regions in order to attract investment and employment opportunities to these areas and halt rural depopulation.
Amendment 31 #
2023/2044(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recognises that many rural regions have suffered from long term underinvestment; underlines the need to adopt a policy of ‘positive discrimination’ to ensure that rural areas can thrive and ensure that rural citizens enjoy the same quality of life as those elsewhere.
Amendment 32 #
2023/2044(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Highlights that many ‘Less Developed’ and ‘In Transition’ regions are predominantly rural, and calls for greater targeted financial supports to enable these regions to grow and develop
Amendment 33 #
2023/2044(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Calls for a rural-proofing mechanism for European legislation to be introduced, to ensure that rural regions are not unfairly impacted by any new proposals and to ensure that rural concerns are taken on board during the decision making process.
Amendment 34 #
2023/2044(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
Amendment 35 #
2023/2044(INI)
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Insists on the importance of ensuring the provision of high quality social infrastructure and services, including in the context of rural development, particularly in the areas of health, housing and childcare.
Amendment 36 #
2023/2044(INI)
Draft opinion
Paragraph 1 h (new)
Paragraph 1 h (new)
1h. Insists on the importance of ensuring proper investment into rural regions' airports, ports, high-speed and normal rail and other methods of public transport; Investment support should also include businesses utilising rail freight, with the view of improving connectivity, tourism, efficient mobility of goods, foreign direct investment, accessibility, and access to markets.
Amendment 37 #
2023/2044(INI)
Draft opinion
Paragraph 1 i (new)
Paragraph 1 i (new)
1i. Calls for increased support to rural regions' higher education institutes in improving their R&D capabilities to attract greater funding levels, increasing the possibility of innovation.
Amendment 38 #
2023/2044(INI)
Draft opinion
Paragraph 1 j (new)
Paragraph 1 j (new)
1j. Stresses that in order to effectively harnass talent in EU regions, particularly rural areas, fairer land governance and tackling rural land grabbing at national level is crucial; Notes that land grabbing can be generally considered to be the legal or illegal control of ‘larger than locally- typical’ amounts of land by any persons or entities for purposes of speculation, extraction, resource control or commodification at the expense of local rural communties, affordable land costs, family farmers, generational renewal, agroecology, agroforestry, land stewardship, food sovereignty and human rights.
Amendment 61 #
2023/2015(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the sustainable production and supply of animal and plant-based proteins are crucial for the transition towards more sustainable food systems with a reduced climate and biodiversity impact;
Amendment 108 #
2023/2015(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the market for organic and sustainable plant-based, animal and alternative sources of protein is steadily increasing due to consumer demand;
Amendment 126 #
2023/2015(INI)
Motion for a resolution
Recital H
Recital H
H. whereas sustainable aquaculture has a crucial role in global food security and nutrition;
Amendment 139 #
2023/2015(INI)
Motion for a resolution
Recital I
Recital I
I. whereas cell-based agriculture and seafood farming are novel, promising and innovative solutions;
Amendment 166 #
2023/2015(INI)
Motion for a resolution
Recital K
Recital K
K. whereas research and innovation on plant proteins needsfor all types of plant proteins as well as for animal sourced proteins need to be scaled up;.
Amendment 180 #
2023/2015(INI)
Motion for a resolution
Recital L
Recital L
L. whereas it is important to adopt a value chain approach in order to create added value for sustainable animal and plant-based protein sources;
Amendment 250 #
2023/2015(INI)
4. A holistic approach that includes the whole food value chain and trade policy approaches;
Amendment 264 #
Amendment 327 #
2023/2015(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that developing the productionsustainable production and supply of plant and alternative sources of protein in the EU is an effective way of addressing many of the environmental and climate challenges that the EU faces;
Amendment 388 #
2023/2015(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to propose medium- and long-term policy measures to close the nutrient loop, such as enand assess the environmental and socio- economic feasabilingty of the use of recovered nitrogen from manure (RENURE) products, particularly for small and medium farmers;
Amendment 483 #
2023/2015(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that innovative cell- based food canis novel but may help increase protein production and support agriculture but continued research is needed;
Amendment 537 #
2023/2015(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for more research and development into plant-basall types of plant-based, animal sourced and alternative proteins;
Amendment 553 #
2023/2015(INI)
Motion for a resolution
Subheading 5
Subheading 5
A holistic approach that includes the whole food value chain and trade policy approaches
Amendment 558 #
2023/2015(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Underlines that improved coordination and collaboration between the supply chain’s stakeholders is needed to bridge the current gaps between farmers, processors and retailers; considers, in this sense, that the role of farmers organisations, agri-cooperatives and relevant stakeholders is crucial;
Amendment 563 #
2023/2015(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Underlines that there are concerns around carbon leakage in the context of dependency on imported protein from third countries; notes that the importation of protein products from third countries in regions such as South Amercia and Oceania often require long-distance transportation, which can contribute to GHG emissions from fossil fuel consumption during transportation; emphasises that this may result in a higher carbon footprint compared to locally produced protein sources;
Amendment 566 #
2023/2015(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Highlights that, in the context of carbon leakage in trade with third countries, the cultivation and importation of protein crops such as soy from third countries in regions like South America is associated with deforestation and unsustainable land use change as producers are held to lower sustainability, regulatory and ethical standards than EU producers; insists that third country producers and exporters of protein products to the European Union be held to the same standards as EU producers to ensure a level playing field;
Amendment 595 #
2023/2015(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Stresses that action at all levels is needed in order to increase protein productlocal and sustainable protein production; emphasises that the strategy does not undermine the local and regional production, supply and consumption of sustainable animal-based protein products such as meat and dairy in the European Union;
Amendment 614 #
2023/2015(INI)
Motion for a resolution
Paragraph 32 – introductory part
Paragraph 32 – introductory part
32. Calls on the Commission to put forwardassess the following policy actionconcepts:
Amendment 617 #
2023/2015(INI)
Motion for a resolution
Paragraph 32 – point i
Paragraph 32 – point i
i. A feed additive regulation that promotes sStability and innovation in the production of feed additives;
Amendment 629 #
2023/2015(INI)
Motion for a resolution
Paragraph 32 – point ii
Paragraph 32 – point ii
ii. Novel food legislation that simplifies and speeds up authorisation processesEfficient authorisation processes for novel foods that also ensure that potential health risks are avoided in line with the precautionary principle;
Amendment 643 #
2023/2015(INI)
Motion for a resolution
Paragraph 32 – point iv
Paragraph 32 – point iv
iv. A renewable energy directive that allows for the long-termThe long-term, sustainable and stable regulation of biofuel production;
Amendment 648 #
2023/2015(INI)
Motion for a resolution
Paragraph 32 – point v
Paragraph 32 – point v
v. An energy taxation directive that provides cClear and long-term rules for all bio-based fuels;
Amendment 654 #
2023/2015(INI)
Motion for a resolution
Paragraph 32 – point vi
Paragraph 32 – point vi
vi. A regulation on new genomic techniques that allows nNew breeding techniques to be adopted;
Amendment 694 #
2023/2015(INI)
Motion for a resolution
Paragraph 32 – point xiii
Paragraph 32 – point xiii
xiii. A clear research and development funding strategy to promote and stimulate the market uptake of sustainable animal sourced and plant-based proteins for food and feed in the EU, including organic;
Amendment 708 #
2023/2015(INI)
Motion for a resolution
Paragraph 32 – point xiii a (new)
Paragraph 32 – point xiii a (new)
xiiia. Trade policy approaches to avoid carbon leakage in the agri-food sector;
Amendment 712 #
2023/2015(INI)
Motion for a resolution
Paragraph 32 – point xiii b (new)
Paragraph 32 – point xiii b (new)
xiiib. Addressing deforestation-linked trade and importation of protein products from third countries;
Amendment 73 #
2023/0321(CNS)
Proposal for a directive
Title 1 a (new)
Title 1 a (new)
The European Parliament rejects the Commission Proposal
Amendment 131 #
2023/0212(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In a context where cash alone cannot answer the needs of a digitalised economy, it is essential to support financial inclusion by ensuring universal, affordable and easy access to the digital euro to individuals in the euro area, as well as its wide acceptance in payments. In this respect, Member States should ensure sufficient and effective access to public entities, in all their different regions, including urban and non-urban areas. Member States should determine the number and geographical distribution of entities on the basis of common indicators. Financial exclusion in the digitalised economy may increase as private digital means of payments may not specifically cater for vulnerable groups of the society or may not be suitable in some rural or remote areas without a (stable) communication network. According to the World Bank and the Bank for International Settlements, “efficient, accessible and safe retail payment systems and services are critical for greater financial inclusion”.24 That finding was further substantiated by the study on new Digital Payment Methods commissioned by the European Central Bank, which concluded that for the unbanked/underbanked/offline population, the most important features of a new payment method are easiness of use, not requiring technological skills, and to be secure and free of charge.25 A digital euro would offer a public alternative to private digital means of payments and support financial inclusion as it would be designed along these objectives, thus catering for free access, easiness of use and wide accessibility and acceptance. Member States should ensure a high level of quality of the support provided and a service which is targeted to the needs of vulnerable consumers. Member States should assess the quality of advice on the basis of common indicators. __________________ 24 https://documents1.worldbank.org/curated/ en/806481470154477031/pdf/Payment- Aspects-of-Financial-Inclusion.pdf 25 Study on New Digital Payment Methods (europa.eu), March 2022. According to the World Bank, financial inclusion means that individuals have access to useful and affordable financial products and services that meet their needs – transactions, payments, savings, credit and insurance”.
Amendment 149 #
2023/0212(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Like euro banknotes and coins, the digital euro should be a direct liability of the European Central Bank or of the national central banks of the Member States whose currency is the euro towards digital euro users. The digital euro should be issued for an amount equal to the face value of the corresponding liability on the consolidated balance sheet of the European Central Bank and the national central banks of the Member States whose currency is the euro, in particular by converting payment service providers’ central bank reserves into digital euro holdings, to satisfy demand from digital euro users. To hold and use digital euros, digital euro users should only need to establish a contractual relationship with payment service providers distributing the digital euro to open digital euro payment accounts and should be able to decide not to link their digital euro payment account to a non-digital euro payment account. No account or other contractual relationship would be established between the digital euro user and the European Central Bank or the national central banks, without prejudice to the possibility of appointing the national central bank as the public entity of a Member State distributing the digital euro. Payment service providers should manage the digital euro accounts of digital euro users on their behalf and provide them with digital euro payment services. Since payment service providers are not a party to the direct liability held by digital euro users towards the European Central Bank and the national central banks of the Member States whose currency is the euro, and are acting on behalf of digital euro users, the insolvency of payment service providers would not affect digital euro users.
Amendment 158 #
2023/0212(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Since the digital euro requires the capacity to accept digital means of payment, imposing an obligation of mandatory acceptance of payments in digital euro on all payees could be disproportionate. To this end, exceptions to the mandatory acceptance of payments in digital euro should be provided for natural persons acting in the course of a purely personal or household activity. Exceptions to mandatory acceptance should also be provided for microenterprises, which are particularly important in the euro area for the development of entrepreneurship job creation and innovation, playing a vital role in shaping the economy. Union policies and actions should reduce regulatory burdens for enterprises of this size. Exceptions to mandatory acceptance should also be provided for non-profit legal entities which promote the public interest and serve the public good performing a variety of goals of societal interest, including equity, education, health, environmental protection and human rights. For microenterprises and non-profit legal entities, the acquisition of the required infrastructure and the acceptance costs would be disproportionate. They should therefore be exempted from the obligation to accept payments in digital euro. In such cases, other means for the settlement of monetary debts should remain available. Nevertheless, microenterprises and non-profit legal entities that accept comparable digital means of payment from payers should be subject to the mandatory acceptance of payments in digital euro. Comparable dDigital means of payment should include debit card payment or instant payment or other future technological solutions used at the point of interaction, but should exclude credit transfer and direct debit that are not initiated at the point of interaction. Microenterprises and non-profit legal entities that do not accept comparable digital means of payment from their payers in settlement of a debt (e.g. they only accept euro banknotes and coins), but may use digital payments in settlement of a debt to their payees (e.g. they pay with credit transfers), should not be subject to the mandatory acceptance of payments in digital euro. Finally, a payee may also refuse a payment in digital euro if the refusal is made in good faith and if the payee justifies the refusal on legitimate and temporary grounds, proportionate to concrete circumstances beyond its control, leading to an impossibility to accept payments in digital euro at the relevant time of the transaction, such as a power outage in the case of online digital euro payment transactions, or a defective device in the case of offline or online digital euro payment transactions.
Amendment 159 #
2023/0212(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure that additional exceptions to the mandatory acceptance of the digital euro may be introduced at a later stage if they are required, for example due to technical specificities that may appear in the future, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the introduction of additional exceptions of a monetary law nature to the obligation to accept digital euro payment transactions, which would apply in a harmonised way across the euro area, taking into account any proposals from Member States to this end. The Commission may only adopt such exceptions if they are necessary, justified on grounds of general interest, proportionate, and preserve the effectiveness of the legal tender status of the digital euro, and if other public means of payments are available. The power of the Commission to adopt delegated acts for the introduction of additional exceptions to the obligation to accept digital euro payment transactions should be without prejudice to the possibility for Member States, pursuant to their own powers in areas of shared competence, to adopt national legislation introducing exceptions to the mandatory acceptance deriving from the legal tender status in accordance with the conditions laid down by the Court of Justice of the European Union in its judgment in Joined Cases C-422/19 and C- 423/19.
Amendment 189 #
2023/0212(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) The unique situation of Northern Ireland requires consideration with a view to enabling citizens living there to use the digital euro on the same basis as citizens in the Eurozone.
Amendment 267 #
2023/0212(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
28. ‘user alias’ means a unique pseudonymous identifier, that is different for different transactions in order to prevent the association or tracking of the user across transactions, used to protect user’s identity when processing digital euro payments that can only be attributable to an identifiable natural or legal person by the payment service provider distributing the digital euro or by the digital euro user;.
Amendment 299 #
2023/0212(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) where the payee is a an enterprise which employs fewer than 10 persons or whose annual turnover or annual balance sheet total does not exceed EUR 2 million, or is a non-profit legal entity as defined in in Article 2, point (18), of Regulation (EU) 2021/695 of the European Parliament and of the Council44 , unless it accepts comparable digital means of payment; __________________ 44 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, p. 1).
Amendment 307 #
2023/0212(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 332 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
For the purpose of points (a) and (b), and upon prior approval byreceiving permission from the digital euro users, payment service providers shall link each digital euro payment account to a single non-digital euro payment account designated by the digital euro users. Digital euro users shall be allowed to have that designated non-digital euro payment account with a different payment service provider than the one where a given digital euro payment account is held or decide not to link a non-digital euro account at all.
Amendment 339 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. For the purpose of digital euro payment services, digital euro users shall only enter into a contractual relationship with PSPs. Digital euro users shall not have any contractual relationship with the European Central Bank or the national central banks. This is without prejudice to the possibility of appointing the national central bank as the public entity of a Member State distributing the digital euro.
Amendment 344 #
2023/0212(COD)
Proposal for a regulation
Article 13 – paragraph 6 a (new)
Article 13 – paragraph 6 a (new)
6a. In case a payment service provider providing digital euro payment services enters into insolvency or other similar proceedings, the digital euro holdings of digital euro users would not be affected.
Amendment 356 #
2023/0212(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. Member States shall designate the authorities, which must be sufficiently resourced and geographically widespread, referred to in Article 1, point (f), of the Directive (EU) 2015/2366, or post office giro institutions referred to in Article 1, point (c), of the Directive (EU) 2015/2366 to:
Amendment 382 #
2023/0212(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
Amendment 388 #
2023/0212(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. For the purpose of Article 15(1) shall limits be established, the European Central Bank shall develop instruments to limit the use of the digital euro as a store of value and shall decide on their parameters and use, in accordance with the framework set out in this Article. PSPs providing account servicing payment services within the meaning of Directive 2015/2366 to natural and legal persons referred to in Article 12(1) shall apply these limits to digital euro payment accounts.
Amendment 401 #
2023/0212(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
(b) ensure the usability, attractiveness to consumers and acceptance of the digital euro as a legal tender instrument;
Amendment 460 #
2023/0212(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The European Central Bank shall regularly monitor the information that is relevant for the purposes of the amounts referred to in paragraph 2, and publish periodically the amounts resulting from that monitoring with an explanatory report. Based upon these publications, and notwithstanding paragraph 2, the Commission is empowered to set binding caps on merchant service charges and interchange fees chargeable by PSPs to ensure that the digital euro remains attractive to consumers.
Amendment 495 #
2023/0212(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article17a Comparability of fees for optional and value-added services 1. For optional and value-added services Article 3, 4, 5 paragraph 3, 4 and 5, Article 6, 7 and 8 of the Directive 2014/92/EU on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features shall apply to digital euro accounts. Without prejudice to Articles 47 and 48 of Directive 2007/64/EC and Article 12 of Directive 2008/48/EC, Member States shall ensure that payment service providers provide the consumer, at least annually and free of charge, with a statement of all fees incurred for optional and value-added services linked to a digital euro account. Where applicable, payment service providers shall use the standardised terms set out in the final list referred to in Article 3(5) of the Directive 2014/92/EU. The communication channel used to provide the statement of fees shall be agreed with the consumer. The statement of fees shall be provided on paper at least upon the request of the consumer. 2. The statement of fees shall specify at least the following information: (a) the unit fee charged for each service and the number of times the service was used during the relevant period, and where the services are combined in a package, the fee charged for the package as a whole, the number of times the package fee was charged during the relevant period and the additional fee charged for any service exceeding the quantity covered by the package fee; (b) the total amount of fees incurred during the relevant period for each service, each package of services provided and services exceeding the quantity covered by the package fee; (c) the total amount of fees charged for all services provided during the relevant period.
Amendment 538 #
2023/0212(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The European Central Bank and the national central banks mayshall make mechanisms available for payment services providers to facilitate the exchange of messages for the resolution of disputes. For technical errors, fraud related complaints and commercial disputes arising out of the contractual relationship with the Payment Service Provider or other issues like suspected double spending, a dispute resolution mechanism shall be implemented. Those mechanisms may be operated directly by the European Central Bank or by the providers of support services designated by the European Central Bank.
Amendment 547 #
2023/0212(COD)
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. This dispute mechanism must be easily available for digital euro users and provide solutions within a reasonable period of time. The PSPs shall adhere to the timelines set out in the Payment Services Regulation COM/2023/367 final2 and the liability regime. The PSPs shall accept the outcome of the dispute mechanism which is monitored by the European Central Bank and national competent authorities
Amendment 569 #
2023/0212(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. The ECB and Commission shall jointly within six months of the publication of this legislation lay out precisely how the issue of "double spend", meaning where a digital Euro is duplicated and spent several times, shall be dealt with including how the user shall be reimbursed for their lost funds in cases of a technical problem that does not lie in the area of the responsibility of the user. This report shall consider options such as: a) limiting offline digital euro transactions limited to the amount of 250 euro per transaction b) deactivation of the offline digital euro function in cases of known security vulnerabilities, that risk double spending or other attacks on the digital euro. c) a time limit on how long an offline wallet can go unspent
Amendment 584 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The European Central Bank shall consultand the European Data Protection Supervisor prior toshall jointly developing the details on the operational elements of the fraud detection and prevention mechanism.
Amendment 588 #
2023/0212(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. For the purpose of this Article, payment service providers shall provide the fraud detection and prevention mechanism with information referred to in Annex 5. Payment service providers shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that the support service shall not be able to directly identify the digital euro users on the basis of the information provided to the fraud detection and prevention mechanism. Payment Service Providers, the European Central Bank and national Central Banks shall implement appropriate technical and organisational measures to ensure that the processing of personal data is carried out in such a manner that the personal data can no longer be attributed to an individual digital euro user without the use of additional information in accordance with Article 4 (5) GDPR.
Amendment 590 #
2023/0212(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article33a Processing of transaction data 1. Data about payment transactions of the digital euro shall only be processed for purposes contained in an exhaustive list and not for commercial purposes or shared with third parties within the open banking framework. 2. The only purposes for which payment data shall be processed are those described in Articles 34-37. 3. In the case a user of the digital euro is reidentified based on pseudonymous data without their consent by the fraud detection unit, the anti-money laundering unit, the ECB or any other law enforcement or public agency, that user has to be informed about their re- identification and its circumstances at the earliest point in time or at the latest when the investigation is concluded.
Amendment 591 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Payment service providers perform a task ion the public interestbasis of a legal obligation in accordance with Article 6(1)(c) GDPR where they process personal data for the following purposes:
Amendment 595 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – point a
Article 34 – paragraph 1 – subparagraph 1 – point a
(a) the enforcement of limits, including the verification of whether prospective or existing digital euro users have digital euro accounts with another PSP, as referred to in Article 16;
Amendment 598 #
2023/0212(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – point c
Article 34 – paragraph 1 – subparagraph 1 – point c
(c) the provision of offline digital euro, including the registration and de- registration of the local storage devices as referred to in letter (b) of Annex I;
Amendment 630 #
2023/0212(COD)
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36a Safeguards against Observability of User Behaviour The digital euro user shall be in full control of the digital euro wallet and their data. The technical architecture shall make it impossible for the issuer of the digital euro front- and backend or third- party services connected to them or the European Central Bank, National Competent Authorities or Payment Service Providers to collect or obtain information about the usage. The processing of transaction data shall not allow to track, link, correlate or otherwise obtain knowledge of transactions or user behaviour. Personal data relating to the provision of the digital euro shall be kept physically and logically separate from any other data held.
Amendment 689 #
2023/0212(COD)
Proposal for a regulation
Annex II – paragraph 1 – point a
Annex II – paragraph 1 – point a
(a) opening, holding and clos, closing and switching of a digital euro payment account;
Amendment 695 #
2023/0212(COD)
Proposal for a regulation
Annex II – paragraph 1 – point c
Annex II – paragraph 1 – point c
(c) non-automated funding and defunding from a non- digital euro payment account;
Amendment 702 #
2023/0212(COD)
Proposal for a regulation
Annex II – paragraph 1 – point g a (new)
Annex II – paragraph 1 – point g a (new)
(ga) access to a dispute mechanism.
Amendment 703 #
2023/0212(COD)
Proposal for a regulation
Annex II – paragraph 1 – point g b (new)
Annex II – paragraph 1 – point g b (new)
(gb) digital inclusion support.
Amendment 706 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 1 – point iii
Annex III – point 1 – point iii
(iii) information on digital euro payment accounts; includmeaning information on digital euro holdings of the digital euro user and the unique digital euro payment account number; and
Amendment 708 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 1 – point iv
Annex III – point 1 – point iv
(iv) information on online digital euro payment transactions, includmeaning the transaction identifier and the transaction amount.
Amendment 710 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 2 – point iii
Annex III – point 2 – point iii
(iii) information on digital euro payment accounts, includmeaning the unique digital euro payment account number; and
Amendment 712 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 2 – point iv
Annex III – point 2 – point iv
(iv) information of non-digital euro payment accounts, includmeaning the account number of the linked non-digital euro payment account.
Amendment 713 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 3 – point i
Annex III – point 3 – point i
(i) the user identifier; includingand the name of the local storage device holders; and
Amendment 714 #
2023/0212(COD)
Proposal for a regulation
Annex III – point 3 – point ii
Annex III – point 3 – point ii
(ii) information on the local storage device, includmeaning the identifier of the local storage device.
Amendment 715 #
2023/0212(COD)
Proposal for a regulation
Annex IV – point 1 – point i
Annex IV – point 1 – point i
(i) information on digital euro payment accounts, includmeaning the unique digital euro payment account number; and
Amendment 716 #
2023/0212(COD)
Proposal for a regulation
Annex IV – point 1 – point ii
Annex IV – point 1 – point ii
(ii) information on online digital euro payment transactions. information linked to an unique digital euro payment account number, includingand the transaction amount.
Amendment 717 #
2023/0212(COD)
Proposal for a regulation
Annex IV – point 3
Annex IV – point 3
3. For the purpose of point (c) of Article 35(1), processing shall be limited to the data required for counterfeit analysis of offline digital euro payment transactions: information on the local storage device, includmeaning the local storage device number.
Amendment 719 #
2023/0212(COD)
Proposal for a regulation
Annex IV – point 4 – point iii
Annex IV – point 4 – point iii
(iii) information on digital euro payment accounts, includmeaning the unique digital euro payment account number, digital euro holdings of the user, the holding limit selected by the user and the type of digital euro account.
Amendment 721 #
2023/0212(COD)
Proposal for a regulation
Annex V – paragraph 1 – point i
Annex V – paragraph 1 – point i
(i) information on digital euro payment accounts, includmeaning the unique digital euro account identifier;
Amendment 723 #
2023/0212(COD)
Proposal for a regulation
Annex V – paragraph 1 – point ii
Annex V – paragraph 1 – point ii
(ii) information on online digital euro payment transactions, includmeaning the transaction amount; and
Amendment 725 #
2023/0212(COD)
Proposal for a regulation
Annex V – paragraph 1 – point iii
Annex V – paragraph 1 – point iii
(iii) information on the transaction session of a digital euro user, includingand the device internet protocol address-range.
Amendment 154 #
2023/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point j – point iii
Article 2 – paragraph 2 – point j – point iii
Amendment 161 #
2023/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point k – paragraph 1
Article 2 – paragraph 2 – point k – paragraph 1
Amendment 164 #
2023/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point k – paragraph 2
Article 2 – paragraph 2 – point k – paragraph 2
Amendment 173 #
2023/0210(COD)
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
7. By [ OP please insert the date= one year after the date of entry into force of this Regulation], the EBA shall issue Guidelines in accordance with Article 16 of Regulation (EU) No 1093/2010, addressThe EBA shall develop draft Regulatory Technical Standards to specify the conditions of the exclusion for payment transactions from the payer to the payee through a commercial agent referred to in paragraph 2, point (b) of this Article. The EBA shall submit the Regulatory Technical Standards referred to in the competent authorities designated undfirst subparagraph to the Commission by [ OP please insert this Regulation, on the exclusion for payment transactions from the payer to the payee through a commercial agent referred to in paragraph 2, point (b) of this Article. e date= one year after the date of entry into force of this Regulation]. Power is delegated on the Commission to adopt the Regulatory Technical Standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
Amendment 184 #
2023/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36 a (new)
Article 3 – paragraph 1 – point 36 a (new)
(36 a) ‘e-wallet provider’ means a provider which offers consumers an application to manage one or several payment services within one application without entering at any time into the possession of the funds to be transferred;
Amendment 193 #
2023/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 53
Article 3 – paragraph 1 – point 53
(53) ‘commercial trade name’ means the name which is commonly used by the payee in the course of their trade and marketing to identify itself to the payer;
Amendment 200 #
2023/0210(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where a currency conversion service is offered prior to the initiation of the payment transaction and where that currency conversion service is offered at an ATM, at the point of sale or by the payee, the party offering the currency conversion service to the payer shall disclose to the payer all charges and the exchange rate to be used for converting the payment transaction including prominent and transparent disclosure of any mark-up over the latest available applicable foreign exchange reference rate issued by the relevant central bank.
Amendment 206 #
2023/0210(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Natural or legal persons providing cash withdrawal services as referred to in Article 38 of Directive (EU) [PSD3] shall provide or make availablein a prominent and easily understandable manner to their customers information on any charges directly before the customer carries out the withdrawal as well as upon receipt of the cash when the transaction is completed.
Amendment 214 #
2023/0210(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Payment service providers shall provide or make availablein a prominent and easily understandable way to payment service users the following information and conditions:
Amendment 219 #
2023/0210(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
(f) where applicable, the estimated charges for currency conversion in relation to credit transfers and money remittance transactions, expressed as a percentage mark-upin monetary value in the payer's currency over the latest available applicable foreign exchange reference rate issued by the relevant central bank;
Amendment 220 #
2023/0210(COD)
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
The payment service provider shall provide in a prominent and easily understandable way the following information and conditions to the payment service user:
Amendment 227 #
2023/0210(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c – point v
Article 20 – paragraph 1 – point c – point v
(v) where applicable, the estimated charges for currency conversion services in relation to a credit transfers, expressed as a percentage mark-upin monetary value in the payer's currency over the latest available applicable foreign exchange reference rate issued by the relevant central bank;.
Amendment 271 #
2023/0210(COD)
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1 a. Payees must offer to payment service users at least one payment method without surcharges which does not rely on the use of a payment initiation service provider.
Amendment 273 #
2023/0210(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. Traders such as creditors and insurance operators must offer to payment service users a way to share their data which does not rely on the use of account information service providers. Without prejudice to Regulation (EU) 2016/679, payment service providers shall inform consumers in a clear and comprehensible manner when they are presented with a personalised offer that is based on automated processing of personal data. Traders such as creditors and insurance operators shall ensure that the conditions to access their services do not discriminate against consumers legally resident in the Union on ground of their nationality or place of residence, the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument within the Union or on any ground as referred to in Article 21 of the Charter of Fundamental Rights of the European Union. Any undertaking designated as a gatekeeper, pursuant to Article 3 of Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector (Digital Markets Act), shall not receive access to payment systems as account information service provider. Account information service providers shall not be allowed to combine account information data obtained pursuant to this Regulation with other types of personal data where such combination of data may result in harmful practices such as social scoring. The European Banking Authority shall develop draft Regulatory Technical Standards limiting the combination of data obtained by account information service providers with other types of personal data. The EBA shall submit the Regulatory Technical Standards referred to in the first subparagraph to the Commission by [ OP please insert the date= one year after the date of entry into force of this Regulation]. When preparing the draft Regulatory Technical Standards referred to in subparagraph 6, the European Banking Authority shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679. Power is delegated on the Commission to adopt the Regulatory Technical Standards referred to in subparagraph 6 in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
Amendment 287 #
2023/0210(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
(b) the dedicated interface shall apply a re-direction approach to ensure the integrity and confidentiality of the personalised security credentials and of authentication codes transmitted by or through the payment initiation service provider or the account information service provider;
Amendment 296 #
2023/0210(COD)
Proposal for a regulation
Article 37 – title
Article 37 – title
Data access parity between dedicated access interface and customer interfacefor third parties
Amendment 298 #
2023/0210(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. AIn line with Regulation 2016/679/EU [GDPR], account servicing payment service providers shall provide account information services providers with at least the samthe information from designated payment accounts and associated payment transactions made available to the payment service user when directly requesting access to the account information,necessary for the performance of a contract to which the data subject is party provided that this information does not include sensitive payment data.
Amendment 300 #
2023/0210(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. AIn line with Regulation 2016/679/EU [GDPR], account servicing payment service providers shall provide payment initiation service providers with at least the samthe information onecessary for the initiation and execution of the payment transaction provided or made available to the payment service user when the transaction is initiated directly by the payment service user. That information shall be provided immediately after receipt of the payment order and on an ongoing basis until the payment is final.
Amendment 303 #
2023/0210(COD)
Proposal for a regulation
Article 37 – paragraph 3 a (new)
Article 37 – paragraph 3 a (new)
3 a. The processing of customer data shall be limited to what is necessary in relation to the purpose for which it was processed. In accordance with Article 16 of Regulation (EU) No 1093/2010, the EBA shall develop guidelines on the implementation of this paragraph for payment initiation services and account information services.
Amendment 305 #
2023/0210(COD)
Proposal for a regulation
Article 37 – paragraph 3 b (new)
Article 37 – paragraph 3 b (new)
3 b. When preparing the guidelines referred to in paragraph 3a of this Article, the EBA shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679.
Amendment 401 #
2023/0210(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Where a payment services user who is a consumer was manipulated by a third party pretending to be an employee of the consumer’s payment service provider using the name or e-mail address or telephone number of that payment service provider unlawfully and that manipulation gave rise to subsequent fraudulent authorised payment transactions, the payment service provider shall refund the consumer the full amount of the fraudulent authorised payment transaction under the condition that the consumer has, without any delay, notified its payment service provider. Upon receipt of the notification, payment service providers shall inform consumers if a reported of the fraud case to the police and notified its payment service provideris required to further process their claim.
Amendment 403 #
2023/0210(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. WThe payer’s payment service provider shall refund the payer the amount of the transaction immediately, and in any event no later than by the end of the following business day, after noting or being notified of the manipulation of the transaction, except where the payer’s payment service provider has reasonable grounds to suspect a fraud or a gross negligence by the consumer and communicates those grounds to the relevant national authority in writing. Where the payer’s payment service provider had reasonable grounds for suspecting fraud or a gross negligence by the consumer, within 10 business days after noting or being notified of the fraudulent authorised payment transaction, the payment service provider shall do either of the following:
Amendment 411 #
2023/0210(COD)
Proposal for a regulation
Article 59 – paragraph 2 – point b
Article 59 – paragraph 2 – point b
(b) where the payment service provider has reasonable grounds to suspect a fraud or a gross negligence by the consumer, provide aproof that the consumer has acted fraudulently or with gross negligence to the relevant national authority and provide to the payer a substantiated justification for refusing the refund and indicate to the consumer the bodies to which the consumer may refer the matter in accordance with Articles 90, 91, 93, 94 and 95 if the consumer does not accept the reasons provided.
Amendment 422 #
2023/0210(COD)
Proposal for a regulation
Article 59 – paragraph 5 – subparagraph 1 (new)
Article 59 – paragraph 5 – subparagraph 1 (new)
Where informed by a payment service provider of the occurrence of the type of fraud as referred to in paragraph 1, online platforms and online search engines as defined in Regulation 2022/2065/EU [Digital Services Act] shall cooperate closely with payment service providers and act swiftly in removing fraudulent content from their websites.
Amendment 425 #
2023/0210(COD)
Proposal for a regulation
Article 59 – paragraph 5 a (new)
Article 59 – paragraph 5 a (new)
5 a. Where the payment service provider is liable to the payment service user pursuant to paragraph 1 of this Article resulting from an act or omission by a trader, the supplier shall be entitled to pursue remedies against the trader responsible. The trader against whom the payment service provider may pursue remedies and the relevant actions and conditions of exercise, shall be determined by national law.
Amendment 471 #
2023/0210(COD)
Proposal for a regulation
Article 83 – paragraph 3
Article 83 – paragraph 3
3. To the extent necessary to comply with paragraph 1, point (c), payment service providers mayshall exchange the unique identifier of a payee with other payment service providers who are subject to information sharing arrangements as referred to in paragraph 5, when the payment service provider has sufficient evidence to assume that there was a fraudulent payment transaction. Sufficient evidence for sharing unique identifiers shall be assumed when at least two different payment services users who are customers of the same payment service provider or a consumer organisation have informed that a unique identifier of a payee was used to make a fraudulent credit transfer. Payment service providers shall not keep unique identifiers obtained following the information exchange referred to in this paragraph and paragraph 5 for longer than it is necessary for the purposes laid down in paragraph 1, point (c).
Amendment 477 #
2023/0210(COD)
Proposal for a regulation
Article 83 – paragraph 4
Article 83 – paragraph 4
4. The information sharing arrangements shall define details for participation and shall set out the details on operational elements, including the use of dedicated IT platforms. Before concluding such arrangements, payment service providers shall conduct jointly a data protection impact assessment as referred to in Article 35 of the Regulation (EU) 2016/679 and, where applicable, carry out prior consultation of the supervisory authority as referred to in Article 36 of that Regulation. The information sharing arrangements shall be concluded by [OP please insert the date = 12 months after the date of entry into force of this Regulation].
Amendment 481 #
2023/0210(COD)
Proposal for a regulation
Article 83 – paragraph 4 a (new)
Article 83 – paragraph 4 a (new)
4 a. To facilitate the exchange of unique identifiers of payees with other payment service providers, the European Banking Authority shall set up a dedicated IT platform allowing payment service providers to exchange unique identifiers of payees which were used to make a fraudulent credit transfer by [OP please insert the date = 12 months after the date of entry into force of this Regulation].
Amendment 485 #
2023/0210(COD)
Proposal for a regulation
Article 83 – paragraph 5 a (new)
Article 83 – paragraph 5 a (new)
5 a. Where payment fraud originates in the publication of fraudulent content online, payment service providers shall, without undue delay, inform providers of hosting services following the procedure laid down in Article 16 of Regulation (EU) 2022/2065 [Digital Services Act]. Where the payer’s payment service provider fails to block a transaction to an IBAN identified as fraudulent as set out in this Article, the payer shall not bear any financial losses unless the payer has acted fraudulently.
Amendment 488 #
2023/0210(COD)
Proposal for a regulation
Article 83 – paragraph 5 b (new)
Article 83 – paragraph 5 b (new)
5 b. Where the payer’s payment service provider fails to block a transaction to an IBAN identified as fraudulent as set out in this Article, the payer shall not bear any financial losses unless the payer has acted fraudulently.
Amendment 489 #
2023/0210(COD)
Proposal for a regulation
Article 83 – paragraph 5 c (new)
Article 83 – paragraph 5 c (new)
5 c. The payment service providers shall be responsible to provide evidence on whether the IBAN has been identified as fraudulent.
Amendment 29 #
2023/0208(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure that the principle of mandatory acceptance of payments in euro banknotes and coins is not effectively undermined by widespread and structural refusals of cash payments, it is necessary for Member States to monitor the level of ex ante unilateral exclusions of payments in cash when transactions are performed in physical premises. Therefore, Member States should regularly monitor the level of unilateral ex ante exclusions of payments in cash when payments are performed in physical premises throughout their territory, in all their different regions, including urban and non-urban areas, on the basis of common indicators which allow for comparisons between the Member States. If in light of their assessment acceptance of payments in cash is ensured on their territory, Member States would not need to adopt specific measures in relation to their respective obligation. However, they would need to continue monitoring the situation. If a Member State concludes that ex ante unilateral exclusions of cash undermine the mandatory acceptance of payments in euro banknotes and coins in all or part of its territory, that Member State should take effective and proportionate measures to remedy the situation, such as a prohibition or restrictions on ex ante unilateral exclusions of cash in all or parts of its territory, for example in rural areas, or in certain sectors which are deemed essential such as post offices, supermarkets, pharmacies or healthcare, or for a Member State concludes that ex ante unilateral exclusions of cash undermine the mandatory acceptance of payments in euro banknotes and coins in all or part of its territory, that Member State should take effective measures to enforce the prohibition of ex ante unilateral exclusions of cash in all or parts of its territory. To this end, Member States should equip national competent authorities with all the required competencies and resources to ensure the mandatory accerptain types of payments which are deemed essentialnce by payees.
Amendment 34 #
2023/0208(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) With a view to an effective implementation of their obligation to ensure sufficient and effective access to cash, Member States should regularly monitor the level of access to cash throughout their territory, in all their different regions, including urban and non- urban areas, on the basis of common indicators which allow for comparisons between the Member States. Common indicators could include factors that affect access to cash, such as density of cash access points in relation to population, withdrawal and deposit conditions, including fees, the existence of different networks with different access modalities for customers, urban-rural and socio- economic variations, and access difficulties for certain population groups. If in the light of their assessment access to cash is deemed sufficient and effective on their territory, Member States would not need to adopt specific measures in relation to their respective obligation. However, they would need to continue monitoring the situation. If a Member State concludes that access to cash is not sufficient and effective in all or part of its territory, or is at risk of deteriorating in the absence of action, appropriate remedial measures should be taken to remedy the situation, such as geographic access requirements on payment service providers providing cash withdrawal services to maintain cash services at a sufficient number of their branch offices where they conduct business, or through an appointed agent for online only credit institutions, or maintain a sufficient density of automated teller machines (ATMs) where they conduct business taking into account a good geographic spread in relation to population, also taking into account possible pooling of ATMs. Other remedial measures could include recommendations addressed to non-credit institutions, such as independent ATM operators, retailers or post offices, encouraging to complement the cash services of banks. To facilitate monitoring by Member States, payment services providers and ATM providers should notify the national competent authority in writing of the closure of each ATM or bank branch and share an assessment of whether the sufficient and efficient access to cash is still guaranteed as defined by the common indicators. Where gaps in the access to cash appear, the provider responsible for the closure should take remedial measures to maintain efficient access to cash.
Amendment 37 #
2023/0208(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Cash has an essential role as a payment system in the event of natural or human-made disasters such as a floods, wild fires, cyberattacks and internet outages as other digital payment methods are likely not working in the event of a disaster. Member States should set up strategies to ensure efficient distribution and cash management processes adapted to different crisis scenarios.
Amendment 46 #
2023/0208(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In accordance with the principle of sincere cooperation, the Commission, the European Central Bank and the designated national competent authorities with the required powers as regards acceptance of payments in cash and access to cash, and over the cash-related market activities of the cash industry should closely collaborate on issues related to acceptance of payments in cash and access to cash. A regular dialogue among these institutions and authorities, based notably on the annual reports of Member States to the Commission and the European Central Bank, should aim at identifying cases of widespread ex ante unilateral exclusions of cash and inadequate access to cash in specific national territories or regions. It would also aim at designing and adopting remedial measures that Member States should adopt as a means to comply with their obligations to ensure acceptance of cash and sufficient and effective access to cash.
Amendment 50 #
2023/0208(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 54 #
2023/0208(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Unilateral practices as to the non- acceptance of cash payments followed by public entities (e.g. public hospitals and public museums) are not regulated procedures for the settlement of pecuniary obligations provided for in the legislation of a Member State. They are thus ex ante unilateral exclusions of cash.
Amendment 63 #
2023/0208(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
4. ‘ex ante unilateral exclusions of cash’ means a situation when a retailer or service provider unilaterally excludes cash as a payment method for example by introducing a ‘no cash’ sign or by using a pre-formulated standard form contract. In this case, the payer and payee do not freely agree to a means of payment for a purchase;
Amendment 75 #
2023/0208(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
Article 5 – paragraph 1 – subparagraph 1 – point b
(b) where, prior to the payment, the payee has agreed with the payer on a different means of payment in accordance with Article 5a.
Amendment 81 #
2023/0208(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2 a (new)
Article 5 – paragraph 1 – subparagraph 2 a (new)
For the purposes of point (b), the burden of proof to establish that such an agreement existed in a particular case shall be on the payee.
Amendment 92 #
2023/0208(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Prohibition of ex ante unilateral exclusions of cash Payees subject to the obligation to accept euro banknotes and coins shall not use contractual terms that have not been individually negotiated or commercial practices which have the objective or the effect to exclude the use of cash by the payers of monetary debts denominated in euro. Such contractual terms or commercial practices shall not be binding on the payer. A contractual term shall be regarded as not individually negotiated where it has been drafted in advance and where the payer has therefore not been able to influence the substance of the term, particularly in the context of pre- formulated standard contracts.
Amendment 97 #
2023/0208(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 103 #
2023/0208(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. If a Member State considers that the level of mandatory acceptance of payments in cash in their territory or parts thereof undermines mandatory acceptance of euro banknotes and coinshas been undermined, it shall set out the remedial measures it commits to take in accordance with Article 9(4).
Amendment 110 #
2023/0208(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 a (new)
Article 8 – paragraph 1 – subparagraph 1 a (new)
Common indicators shall assess at least the following criteria: (a) The access to ATMs including the geographical distance by road and public transport and the number of ATMs in relation to population density; (b) The availability of ATMs for cash deposits and cash funding of digital euro accounts; (c) The availability of banknotes of different values at ATMs; (d) The availability of cash services over the counter including opening hours of bank branches; (e) The accessibility of ATMs and bank branches in line with the EU Accessibility Act; and Charges for cash services at ATMs and over the counter. (f) the availability of ATMs on a 24 hour basis.
Amendment 113 #
2023/0208(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. ATM providers and payment service providers who intend to close a bank branch or an ATM shall perform a detailed impact assessment based on the common indicators to ensure that sufficient and effective access to cash is still guaranteed after the closure of the bank branch or ATM. They shall notify their findings to the national competent authority in writing. Where gaps in the access to cash appear, the provider responsible for the closure shall take remedial measures to maintain efficient access to cash.
Amendment 114 #
2023/0208(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1b. Member States shall set up strategies to guarantee sufficient and effective access to cash in the event of a natural or human-made disaster.
Amendment 122 #
2023/0208(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. For the purposes of Articles 7 and 8, the Commission shall adopt implementing acts of general application on a set of common indicators and concrete methodologies for the gathering of these indicators Member States shall use to monitor and assess the acceptance of payments in cash and access to cash throughout their territory, in all their different regions, including urban and non- urban areas. Those implementing acts shall be adopted [within X months after the entry into force of this Regulation] in accordance with the advisory procedure referred to in Article 11. When preparing those implementing acts, the Commission shall consult the European Central Bank.
Amendment 131 #
2023/0208(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If a Member State considers that the level of acceptance of payments in cash undermines mandatory acceptance of euro banknotes and coins or that sufficient and effective access to cash is not ensured, it shall indicate in its annual report the remedial measures it commits to take in order to comply with the obligations set out in Articles 7 and 8 as well as the measures that have been implemented since the last reporting. The remedial measures shall enter into force without undue delay.
Amendment 143 #
2023/0208(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall lay down theharmonised rules on penalties [including financial penalties and non-criminal fines] applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, within one year after the entry into force of this Regulation, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 145 #
2023/0208(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
The minimum penalties for infringements of this regulation for enterprises shall be subject to administrative fines up to 2 % of the total worldwide annual turnover of the preceding financial year.
Amendment 152 #
2023/0208(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
Article 13 – paragraph 1 – point c a (new)
(ca) the methodology according to which this data was gathered, processed and analysed;
Amendment 153 #
2023/0208(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c b (new)
Article 13 – paragraph 1 – point c b (new)
(cb) statistics about complaints received by the national competent authority as per type of stakeholder, average elapsed time between date of submission and remedies and class of remedies provided;
Amendment 154 #
2023/0208(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall examine the annual reports in close consultation with the European Central Bank. The Commission shall publish the reports in all languages of the Member State concerned and in English.
Amendment 155 #
2023/0208(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. The Commission shall publish an annual transparency report that includes their analysis of the situation throughout the Union, trends observed, summaries of the discussions between the European Central Bank, the Commission and national competent authorities, as well as explanations for and evaluation of delegated acts adopted by the Commission according to this Regulation.
Amendment 159 #
2023/0208(COD)
Proposal for a regulation
Article 14 – paragraph -1 new
Article 14 – paragraph -1 new
-1. Member States shall lay down the rules on remedies applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The remedies provided for shall be effective and proportionate. Member States shall, within one year after the entry into force of this Regulation, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 160 #
2023/0208(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall provide natural persons, civil society organisations and enterprises with clear information on the channels and effective remedies they have at their disposal to lodge complaints with competent national authorities about cases of unlawful refusal to accept cash and insufficient and ineffective access to cash.
Amendment 165 #
2023/0208(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Without prejudice to the disputes concerning the lawfulness of the processing of personal data, the complaint mechanism shall oblige Member States to adhere to procedural guarantees for a reasonable and effective access to remedies within a period of one month. Directive (EU) 2020/1828 shall apply to the representative actions brought against infringements of provisions of this Regulation that harm or may harm the collective interests of consumers.
Amendment 166 #
2023/0208(COD)
Proposal for a regulation
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1b. The complaints may be lodged with the national competent authority in which the concerned party is established. On request of the complainant, the Commission may defer a case to another national competent authority. In case of cross-border complaints, the Commission shall have the right to defer the case to another national competent authority, upon request of the party that lodged the complaint.
Amendment 167 #
2023/0208(COD)
Proposal for a regulation
Article 14 – paragraph 1 c (new)
Article 14 – paragraph 1 c (new)
1c. Within 6 months of the entering into force of this Regulation, the Commission shall establish minimum requirements on the implementation of Article 14 by Member States.
Amendment 173 #
2023/0208(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Euro banknotes and coins and the digital euro shall be convertible into each other at parfully fungible.
Amendment 178 #
2023/0208(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
By [date-fivthree years after the entry into force], the Commission shall carry out a review on the operation and effects of this Regulation and submit a report to the European Parliament and to the Council. Member States shall provide the Commission with necessary information for the preparation of that report.
Amendment 34 #
2023/0077(COD)
Proposal for a regulation
Recital 53 a (new)
Recital 53 a (new)
(53a) Definitions of what constitutes a vulnerable consumer differs considerably between Member States. In view of the exposure of energy-poor households to the negative impact of rising electricity prices, Member States should ensure that their definition of vulnerable consumer, pursuant to Article 28 of Directive (EU) 2019/944, encompasses energy-poor households, so that these households may benefit from public price interventions and from prohibition of disconnection in times of crisis.
Amendment 38 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) 2019/943
Article 1 – point b
Article 1 – point b
(b) set fundamental principles for well- functioning, integrated electricity markets, which facilitate the achievement of the Union's 2030 reduction target for greenhouse gas emissions and 2050 climate neutrality objective pursuant to Regulation (EU) 2021/1119, ensure the protection of vulnerable and energy-poor consumers from price shocks, allow for measures to alleviate energy poverty, allow all resource providers and electricity customers non-discriminatory market access, enable the development of forward electricity markets to allow suppliers and consumers to hedge or protect themselves against the risk of future volatility in electricity prices, empower consumers, ensure competitiveness on the global market, enhance flexibility through demand response, energy storage and other non- fossil flexibility solutions, ensure energy efficiency, facilitate aggregation of distributed demand and supply, and enable market and sectoral integration and market- based remuneration of electricity generated from renewable sources, including by small-scale renewable energy communities;
Amendment 80 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19(b) – paragraph 3 – point a
Article 19(b) – paragraph 3 – point a
(a) be designed so that the revenues collected when the market price is above the strike price are distributed to all finalhousehold and SME electricity customers based on their share of consumption (same cost / refund per MWh consumed);
Amendment 98 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 Directive (EU) 2019/944
Article 2 – paragraph 1 – point 10 Directive (EU) 2019/944
(c) energy poverty is increasing or the wider economy is being negatively affected by the increases in electricity prices.
Amendment 104 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive (EU) 2019/944
Article 66a – paragraph 4 – point a
Article 66a – paragraph 4 – point a
(a) the price set for households only applies to at most 80% of median household consumption, or 100% for vulnerable consumers, and retains an incentive for demand reduction;
Amendment 4 #
2022/2188(INI)
Draft opinion
Recital C
Recital C
C. whereas the TCA does not cover any decisions relating to equivalence in financial services, the adequacy of the UK data protection regime, free movement of people and services, or the UK’s sanitary and phytosanitary regime;
Amendment 6 #
2022/2188(INI)
Draft opinion
Recital E
Recital E
E. whereas the automatic recognition of professional qualifications, such as for lawyers, accountants and actuaries no longer applies; whereas, instead, the agreement sets out a framework for cooperation between the EU and the UK on the recognition of professional qualifications, including the establishment of a dialogue to exchange information on recognition procedures and to develop guidelines for assessing qualifications; notes the particular problems that this creates on the island of Ireland;
Amendment 11 #
2022/2188(INI)
Draft opinion
Recital K a (new)
Recital K a (new)
Ka. Whereas the absence of an agreement on free movement of people creates difficulties for the economy and the labour market on the island of Ireland, particularly in border areas;
Amendment 61 #
2022/2188(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Recognises that the close economic links between Ireland and Northern Ireland will continue despite the latter being part of a designated third country; supports an acknowledgement of these economic links, including with respect to the supervision of transactions between both jurisdictions; calls for measures to ensure that such links are not disrupted by any changes in regulatory or legal frameworks; emphasises the importance of maintaining and further developing close economic ties and minimising disruption in the aftermath of Brexit, particularly with respect to this relationship;
Amendment 82 #
2022/2188(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Strongly reiterates the importance of protecting the Good Friday Agreement in its entirety and supporting peace and reconciliation in Northern Ireland; recalls the UK Government’s threatened actions, which would be deemed to be in violation of the TCA, particularly with respect to the Northern Ireland Protocol as contained in the Northern Ireland Protocol Bill 2022, in which the UK Government proposed removing the jurisdiction of the Court of Justice of the EU over the Protocol, and for which the Commission commenced infringement proceedings against the UK; recognises that an agreement has been reached on the Windsor Framework[10] and that the British Government has announced its intention to suspend work on the Northern Ireland Protocol Bill and to allow it to lapse. _________________ 10 His Majesty’s Government, ‘The Windsor Framework: A new way forward’, February 2023; encourages the British government to take into consideration the specific circumstances of Northern Ireland in any new laws or regulations it proposes to introduce.
Amendment 6 #
2022/2182(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
– having regard to the UN Youth Declaration , adopted by the UN DPI/NGO Conference on 22 - 23 August 2018,
Amendment 56 #
2022/2182(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that the “generational renewal challenge” is particularly acute in those Member States that combine a lower than average share of young farmers with a higher than average share of farmers above retirement age, notably Ireland, Sweden, many countries in Southern Europe, and some in Eastern Europe;1a _________________ 1a European Commission, 'Commission Staff Working Document: Drivers of food security', 2023
Amendment 101 #
2022/2182(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Condemns land-grabs by corporate and muli-national entities in rural areas locking young people out of the agricultural sector and inhibiting generational renewal; Calls for Member States to introduce measures to improve land mobility and access to land for young farmers;
Amendment 125 #
2022/2182(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that young people in rural areas experience significant daily challenges, particularly as regards education, imposition of quotas on young farmers availing of grant aid support, lack of recognition or engagement by national authorities on farming succession schemes, access to quality jobs, social isolation, lack of public transport, lack of planning for the future of our rural communities informed by rural people, difficulties in accessing affordable housing, healthcare and digital connectivity, especially in remote and less developed rural regions that suffer from regional imbalance;
Amendment 168 #
2022/2182(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission and Member States to assess facilitating collaborative farming arrangements such as long leases, share farming, and partnerships to provide opportunities for young farmers;
Amendment 179 #
2022/2182(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to provide access, in their advisory services, to a farm succession facilitator that can provide guidance during farm transfers, namely on intergenerational dialogue, legal and taxation frameworks and financial support possibilities; Notes that this is crucial towards the transfer of knowledge, skills, labour, management, control and ownership of the farm business between one generation and the next or successor generation;
Amendment 204 #
2022/2182(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that taking land out of sustainable agricultural production may significantly worsen an already highly inflated land market which will have major consequences for land mobility and access to land for young farmers;
Amendment 304 #
2022/2182(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission and Member States to ensure that corporate entities such as investment funds do not compete with young farmers for land, as such unfair competition and trading practices has a major impact on the viability of young and new entrant farmers; calls therefore on Member States with a poor track record in this regard to commit to achieving meaningful generational renewal and supporting young farmers to access land;
Amendment 14 #
2022/2040(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers the fact that recent supply chain disruption, notably caused by the COVID-19 pandemic and the Russian war against Ukraine, has highlighted the EU agricultural sector’s reliance on complex import and export chains; calls for a shift to a sustainable, resilient and fair agricultural model anchored in the EU territories and with the wellbeing of our primary producers at its centre;
Amendment 25 #
2022/2040(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that this moment should be used as an opportunity to reset supply chains, in a way that incorporates due diligence for responsible business conduct;
Amendment 27 #
2022/2040(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Believes that in situations where trade is taking place with third countries the carbon footprint of the food's journey should be minimised, through the thorough consideration of the mode of transport to be used;
Amendment 36 #
2022/2040(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that import dependency increases vulnerability to external shocks, as now observed in fuel, fertiliser and feed chains; calls for EU production to be recalibrated towards sustainable practices which reduce the need for inputs, for example by advancing IPM, and to focus primarily on EU demand for healthy food; calls on Member States to ensure greater farmer autonomy via the strategic plans, notably through strong support for organic production and the organic sector as a whole;
Amendment 49 #
2022/2040(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that localised, short supply chains contribute to the resilience of food supply chains overall, which ensures profitable paths for production and distribution; stresses that actors in such chains face specific challenges, such as weak access to government support; calls on Member States to provide strong support for cooperation measures under the European Agricultural Fund for Rural Development in order to expand the networks of small producers and increase their individual viability;
Amendment 52 #
2022/2040(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the importance of the Directive on Unfair Trading Practices (UTPs) in regulating the relationship between producers and buyers; In this regard, calls for its principles to be built on to further regulate the relationship between third country suppliers and EU business buyers;
Amendment 57 #
2022/2040(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates that climate change and, biodiversity loss and civil discontent resulting from spiralling food prices pose a high risk of disrupting both primary production and logistics;
Amendment 66 #
2022/2040(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights that the health and labour conditions of agri-food workers affect labour availability in the supply chain, therefore care for the wellbeing of these workers must be mainstreamed into all proposals for a sustainable supply chain;
Amendment 76 #
2022/2040(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need forto protect farmers through market regulation and appropriate public stocks to tackle market crises and price volatility, to secure supply and to prevent speculation; calls for market transparency and timely information on public and private stocks;
Amendment 85 #
2022/2040(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that EU engagement in global food governance must recognise and promote the right to food, as well as the food sovereignty of its trading partners and their right to regulate their exports and stocks to secure their own needs, as a failure to make this change in current and new trading agreements and relationships will perpetuate a clear imbalance in bargaining power between the EU and developing countries.
Amendment 2 #
2022/2032(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls the key role that farmers and the agri-food sector have played during the COVID-19 pandemic, despite also facing huge hikes in input costs, in ensuring access to quality and affordable food, especially through short supply chains and trade in locally grown food;
Amendment 9 #
2022/2032(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Applauds the role played by migrant workers during the pandemic, who assisted our farmers in the labour intensive sectors of agriculture.
Amendment 13 #
2022/2032(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the importance of increasing the resilience of the EU agri- food system and equipping it with the necessary tools to face new crises, such as the war in Ukraine, by investing in research and innovation, digitalisation, marketing campaigns to grow the organics sector and the transition to more sustainable and territorially connected agriculture;
Amendment 28 #
2022/2032(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. CRecalls the positive impact the CAP has had on European regions over the last 60 years and calls on the Commission to enhance complementarity in the implementation of EU funds, particularly for cohesion and agriculture policy, by ensuring coordination, complementarity and coherence when it comes to rural development;
Amendment 47 #
2022/2032(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the importance of the agricultural sector for the creation of employment and for livelihoods in rural areas and the need to combat the abandonment of rural areas, which is particularly prominent in remote and mountainous regions owing to the low income and productivity potential of agricultural activities in theses areas, through policies and the allocation of the necessary funds, by creating and facilitating conditions favourable to job creation and attracting young people to rural areas, by reducing wage gaps between agriculture and other sectors, by increasing business competitiveness and improving quality of life by encouraging investments in infrastructure and services;
Amendment 53 #
2022/2032(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights the important role played by LEADER in rural areas, in engaging local actors in the design and delivery of strategies, decision-making and resource allocation for the development of their rural areas.
Amendment 55 #
2022/2032(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes that less developed regions depend significantly more on agricultural employment and as a result feel a greater negative impact from economic restructuring and agricultural modernisation that requires less labour, therefore new opportunities must be explored to keep people in these areas, such as the development of rural tourism.
Amendment 56 #
2022/2032(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Notes that land abandonment can have a negative impact on biodiversity, where the practices engaged in by farmers have been maintaining high biodiversity habitats and landscape features.
Amendment 59 #
2022/2032(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to continue investing in the digital and green transitions, innovation and rural skills training in order to reduce the gaps between rural and urban areas and improve the attractiveness of rural areas overall, through for example the improvement of the provision of broadband connectivity.
Amendment 64 #
2022/2032(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Underlines the need to better study and adapt to the impact climate change is having on European regions, particularly the agricultural sector, as this presents a significant threat to the future of these regions.
Amendment 60 #
2022/0409(CNS)
Proposal for a regulation
Recital 24
Recital 24
(24) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks tohall ensure full respect for the right of protection of personal data laid down in Article 8 of the Charter. In that regard, this Regulation strictly limits the amount of personal data that will be made available to the tax authorities. The processing of intra- Community transaction information pursuant to this Regulation should only occur for the purposes of this Regulation.
Amendment 97 #
2022/0407(CNS)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The difference between the “main VAT gap” and the “policy gap” should be consistently and clearly delineated with efforts focused on tackling the technical issue of the main VAT gap which is potentially caused by fraud or other issues such as bankruptcies.
Amendment 98 #
2022/0407(CNS)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) By its nature and due to technical limitations the calculation of any tax gap relies on a number of assumptions.
Amendment 109 #
2022/0407(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) For the VAT reporting system to be implemented in an efficient manner, it is necessary that the information reaches the tax administration without delay. Therefore, the deadline for the issuance of an invoice for cross-border transactions should be set at 25 working days after the chargeable event has taken place.
Amendment 193 #
2022/0341(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 1 – subparagraph 1
Article 5c – paragraph 1 – subparagraph 1
With regard to instant credit transfers, a payer’s PSP shall verify free of charge to PSUs whether the payment account identifier and the name of the payee provided by the payer match. Where they do not match, that PSP shall notify the payer of any discrepancies detected and the degree of any such discrepancy.
Amendment 150 #
2022/0195(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The EU Biodiversity Strategy for 2030 aims to ensure that Europe’s biodiversity will be put on the path to recovery by 2030 for the benefits of people, the planet, the climate, food sovereignty, and our economy. It sets out an ambitious EU nature restoration plan with a number of key commitments, including a commitment to put forward a proposal for legally binding EU nature restoration targets to restore degraded ecosystems, in particular those with the most potential to capture and store carbonacross all land types to achieve the greatest synergistic benefits, and to prevent and reduce the impact of natural disasters.
Amendment 186 #
2022/0195(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Geo-political developments have further underlined the need to safeguard the resilience of food systems.62 Evidence shows that restoring agro-ecosystems has positive impacts on food productivity in the long-term, and that the restoration of nature acts as an insurance policy to ensure the EU’s long-term sustainability and resilienceIt is important to strongly emphasise the need for actions to promote sustainable farming, hunting and forestry that supports the recovery of species and habitats, including pollinators and their habitats. The importance of supporting positive, resilient and sustainable agricultural production is also critical. In addition it is important that Member States, the Council, and Commission recognise that the viability of rural communities, resilience and productivity of food systems, food availability, healthy market conditions, competitivity, food affordability, and food sovereignty in the long-term is conditional on a healthy and functional biosphere, climate stability and water availability. _________________ 62 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Safeguarding food security and reinforcing the resilience of food systems, COM (2022) 133 final.
Amendment 215 #
2022/0195(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Deadlines should therefore be established for putting in place restoration measures within and beyond Natura 2000 sites, in order to gradually improve the condition of protected habitat types across the Union as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. In advance of setting deadlines to meet targets and to ensure legal certainty for those affected Member States, the Commission and national governments should conduct an initial comprehensive ecological assessment to establish accurate baselines, propose a suite of measures that have been shown to achieve the desired results. Adequate resources should be mobilised so that sufficient funds are in place to support measures that are proposed to compensate and protect impacted agricultural landowners, hunters, farmers and foresters to both practically achieve nature restoration whilst safeguarding the socio-economic viability of rural communities. Achievable timelines should be set for delivering results and allow sufficient flexibility and adaptability in implementation in order to ensure the greatest environmental benefit. In order to give the necessary flexibility to Member States to put in place large scale restoration efforts, it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. This will allow Member States to choose which habitats to restore first within the group.
Amendment 226 #
2022/0195(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) It is critical for the success of any restoration program that sufficient funds are mobilised to underpin the economic viability of the landowners and communities affected in advance of any implementation; In light of the Commissions own estimation that for every €1 invested in nature restoration there is an economic return of €8 to €38, there is a legitimate expectation that those delivering the essential public goods will be adequately and fully remunerated for the services that they are providing for the benefit of wider society.
Amendment 227 #
2022/0195(COD)
Proposal for a regulation
Recital 29 b (new)
Recital 29 b (new)
(29b) Stresses that in order to get public “buy in” to new measures, the food sovereignty of local and regional areas is not undermined by the implementation of this regulation; reaffirms the fundamental human right of people to food, and the right of populations who in the past, provided for themselves and their region to continue to do so into the future.
Amendment 228 #
2022/0195(COD)
Proposal for a regulation
Recital 29 c (new)
Recital 29 c (new)
(29c) It will be necessary when calculating the remuneration due for the services provided, that the methodology goes beyond the narrow lens of “costs incurred and income forgone” by the farmer, as the socio-economic losses to the wider community can be much greater with the loss of both upstream and downstream economic activity in the local area.
Amendment 275 #
2022/0195(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Restoration measures need to be put in place to enhance the biodiversity of agricultural ecosystems across the Union, including in the areas not covered by habitat types that fall within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of agricultural ecosystems that would allow setting specific restoration targets for agricultural ecosystems, it is appropriate to set a general obligation to improve biodiversity in agricultural ecosystems and measure the fulfilment of that obligation on the basis of existing indicators. There is significant concern that landowners of agricultural ecosytems and farmers will be prevented from carrying out specific actions that will inhibit income and food production.
Amendment 300 #
2022/0195(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) Restoration and rewetting79 of organic soils80 in agricultural use (i.e. under grassland and cropland use) constituting drained peatlands may help achieve significant biodiversity benefits, an important reduction of green-house gas emissions and other environmental benefits, while at the same time contributing to a diverse agricultural landscape if implemented correctly, however it can have a negative effect on biodiversity is not managed correctly through the destruction of existing habitats of ground nesting birds and small mammals. In addition the increased emissions of methane from rewetted peatland may negate partially or totally the reduction of CO2. Member States can choose from a wide range of restoration measures for drained peatlands in agricultural use spanning from converting cropland to permanent grassland and extensification measures accompanied by reduced drainage, to full rewetting with the opportunity of paludicultural use, or the establishment of peat-forming vegetation. In order for these far reaching measures to be accepted by the landowners it is vital that that proposed measures are “stress tested” and evaluated for their applicability and suitability in advance, through EIP pilot projects and impact assessments so the desired outcomes can be assured and to avoid the negative outcomes of the top down implementation of the past. The most significant climate benefits are created by restoring and rewetting cropland followed by the restoration of intensive grassland. To allow for a flexible implementation of the restoration target for drained peatlands under agricultural use Member States may count the restoration measures and rewetting of drained peatlands in areas of peat extraction sites as well as, to a certain extent, the restoration and rewetting of drained peatlands under other land uses (for example forest) as contributing to the achievement of the targets for drained peatlands under agricultural use. _________________ 79 Rewetting is the process of changing a drained soil into a wet soil. Chapter 1 of IPCC 2014, 2013 and Supplement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories: Wetlands, Hiraishi, T., Krug, T., Tanabe, K., Srivastava, N., Baasansuren, J., Fukuda, M. and Troxler, T.G. (eds). 80 The term ‘organic soil’ is defined in IPCC 2006, 2006 IPCC Guidelines for National Greenhouse Gas Inventories, Prepared by the National Greenhouse Gas Inventories Programme, Eggleston H.S., Buendia L., Miwa K., Ngara T. and Tanabe K. (eds).
Amendment 308 #
2022/0195(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to reap the full biodiversity benefits, restoration and rewetting of areas of drained peatland should extend beyond the areas of wetlands habitat types listed in Annex I of Directive 92/43/EEC that are to be restored and re-established. Data about the extent of organic soils as well as their greenhouse gas emissions and removals are monitored and made available by LULUCF sector reporting in national greenhouse gas inventories by Member States, submitted to the UNFCCC. Restored and rewetted peatlands can continue to be used productively in alternative ways. For example, paludiculture, the practice of farming on wet peatlands, can include cultivation of various types of reeds, certain forms of timber, blueberry and cranberry cultivation, sphagnum farming, and grazing with water buffaloes. Such practices should be based on the principles of sustainable management and aimed at enhancing biodiversity so that they can have a high value both financially and ecologically. Paludiculture can also be beneficial to several species which are endangered in the Union and can also facilitate the connectivity of wetland areas and of associated species populations in the Union. Funding for measures to restore and rewet drained peatlands and to compensate possible losses of income; Definitive clear adequate funding streams must be in place in advance of proposed measures being implemented, this can come from a wide range of sources, including expenditure under the Union budget and Union financing programmes.
Amendment 313 #
2022/0195(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The new EU Forest Strategy for 203081 outlined the need to restore forestthe biodiversity of forests, agroforests and urban woodlands. Forests and other wooded land cover over 43,5 % of the EU’s land space. Forests and agroforestry ecosystems that host rich biodiversity are vulnerable to climate change but are also a natural ally in adapting to and fighting climate change and climate-related risks, including through their carbon-stock and carbon-sink functions, and provide many other vital ecosystem services and benefits, such as the provision of timber and wood, food and other non-wood products, climate regulation, soil stabilisation and erosion control and the purification of air and water. _________________ 81 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. New EU Forest Strategy for 2030 (COM/2021/572 final).
Amendment 454 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
Article 3 – paragraph 1 – point 15 a (new)
(15 a) Agroforestry systems are “land use systems where trees are grown in combination with agriculture on the same land” (Regulation 2022/2472 Article 2.9) and are further clarified in national CAP strategic plans;
Amendment 492 #
2022/0195(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. A; areas where the habitat types listed in Annex I are in unknown condition shall be considered as not being in good conditiona comprehensive initial ecological assessment shall be carried to establish high resolutions baselines (using IACS/ LPIS) and to ensure the suitability of proposed measures.
Amendment 767 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
For organic soils in agricultural use constituting drained peatlands, Member States shall put in place restoration measures. Those measures shall be in place ; In order for these measures to achieve the desired outcomes they shall be stress tested and evaluated for their applicability and suitability in advance, through EIP pilot projects and impact assessments so as negative outcomes can be avoided; After demonstrating their suitability in advance these measures shall be in place on at least:
Amendment 782 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) 30 % of such areas by 2030, of which at least a quarter shall be rewetted; Paludiculture systems;
Amendment 793 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) 50 % of such areas by 2040, of which at least half shall be rewettedPaludiculture systems;
Amendment 807 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) 70 % of such areas by 2050, of which at least half shall be rewetted.Paludiculture systems;
Amendment 828 #
2022/0195(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3 a (new)
Article 9 – paragraph 4 – subparagraph 3 a (new)
Where applicable, in advance of imposing measures contained in this article on private property, Member States shall firstly use state owned land constituting of organic soils to contribute to achieving the respective targets referred to in the first subparagraph, points (a), (b) and (c)
Amendment 1130 #
2022/0195(COD)
Proposal for a regulation
Article 16 – title
Article 16 – title
16 AEnsuring a just transition and access to justice
Amendment 1134 #
2022/0195(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1 a. Member States shall ensure that members of the public, in accordance with national law, that have a sufficient interest or that maintain the impairment of a right, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the national restoration plans and any failures to act of the competent authorities, regardless of the role members of the public have played during the process for preparing and establishing the national restoration plan.
Amendment 26 #
2022/0160(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Directive (EU) 2018/2001 of the European Parliament and of the Council18 sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan19 , the share of renewable energy in gross final energy consumption would need to increase to 40% by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target20 . In this context, the Commission proposed in July 2021, as part of the package delivering on the European Green Deal, to double the share of renewable energy in the energy mix in 2030 compared to 2020, to reach at least 40%. The REPowerEU Communication21 outlined a plan to make the EU independent from Russian fossil fuels well before the end of this decade. The Communication foresees front-loading of wind and solar energy, increasing the average deployment rate as well as additional renewable energy capacity by 2030 to accommodate for higher production of renewable hydrogen. It also invited the co-legislators to consider a higher or earlier target for renewable energy. In this context, it is appropriate to increase the Union renewable energy target up to 45to at least 50% in order to significantly accelerate the current pace of deployment of renewable energy, thereby speeding up the phase-out of EU’s dependence by increasing the availability of affordable, secure and sustainable energy in the Union. _________________ 18 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 19 Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people. 20 Point 3 of the Communication from the Commission COM(2020) 562 21 REPowerEU: Joint European Action for more affordable, secure and sustainable energy, COM(2022) 108 final (“REPower EU Communication”).
Amendment 38 #
2022/0160(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The provisions of the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters23 (‘the Aarhus Convention’)¨ regarding access to information, public participation in decision-making, and access to justice in environmental matters, in particular the provisions relating to public participation and to access to justice remain applicable, where relevant. It follows that Member State plans on the designation of renewables go-to areas should be subject to public consultation. _________________ 23 Council Decision 2005/370/EC of 17 February 2005 on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision-making and access to justice in environmental matters (OJ L 124, 17.5.2005, p. 1).
Amendment 40 #
2022/0160(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The designation of renewables go- to areas should allow renewable energy plants, their grid connection as well as co- located energy storage facilities located in these areas to benefit from predictability and streamlined administrative procedures. In particular, projects located in renewable go-to areas should benefit from accelerated administrative procedures, including a tacit agreement in case of a lack of response by the competent authority on an administrative step by the established deadline, unless the specific project is subject to an environmental impact assessment. These projects should also benefit from clearly delimited deadlines and legal certainty as regards the expected outcome of the procedure. Following the application for projects in a renewables go- to area, Member States should carry out a fast screening of such applications with the aim to identify if any of such projects is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographic area where they are located that were not identified during the environmental assessment of the plan or plans designating renewables go-to areas carried out in accordance with Directive 2001/42/EC. All projects located in renewables go-to areas should be deemed approved at the end of such screening process. Only if Member States have clear evidence to consider that a specific project is highly likely to give rise to such significant unforeseen adverse effects, Member States should, after motivating such decision, subject such project to an environmental assessment in accordance with Directive 2011/92/EC and, where relevant, Directive 92/43/EEC25 . Given the need to accelerate the deployment of renewable energy sources, such assessment should be carried out within six months. _________________ 25 Council Directive 92/43/EEC of 21 May 1992 on the convervation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992).
Amendment 46 #
2022/0160(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In addition to installing new renewable energy plants, repowering existing renewable energy plants has a significant potential to contribute to the achievement of the renewable energy targets. Since, usually, the existing renewable energy plants have been installed in sites with significant renewable energy resource potential, repowering can ensure the continued use of these sites while reducing the need to designate new sites for renewable energy projects. Repowering includes further benefits such as the existing grid connection, a likely higher degree of public acceptance and knowledge of environmental impacts. The repowering of renewable energy projects entails changes to or the extension of existing projects to different degrees. The permit-granting process, including environmental assessments and screening, for the repowering of renewable energy projects should be limited to the potential impacts resulting from the change or extension compared to the original project, including cumulative impacts.
Amendment 61 #
2022/0160(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive (EU) 2018/2001
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall collectively ensure that the share of energy from renewable sources in the Union’s gross final consumption of energy in 2030 is at least 450%.
Amendment 66 #
2022/0160(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2018/2001
Article 15b – paragraph 3
Article 15b – paragraph 3
(3) Member States shall favour multiple uses of the areas identified as a result of the obligation in paragraph 1. This shall include the use of land for multiple forms of renewable energy generation where geographic specificities permit.
Amendment 69 #
2022/0160(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2018/2001
Article 15c – paragraph 1 – subparagraph 1 – introductory part
Article 15c – paragraph 1 – subparagraph 1 – introductory part
By [2 years after the entry into force], Member States shall adopt a plan or plans designating, within the areas referred to in Article 15b(1), renewables go-to areas for one or more types of renewable energy sources. The development of the plans shall be open to public consultation. In that plan or plans, Member States shall:
Amendment 81 #
2022/0160(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 4 – subparagraph 2
Article 16a – paragraph 4 – subparagraph 2
For the purpose of such screening, the project developer shall provide information on the characteristics of the project, on its compliance with the rules and measures identified according to Article 15c (1), points (b) and (c), for the specific go-to area, on any additional measures adopted by the project and how these measures address environmental impacts. All such information provided by the project developer shall be made publicly accessible online by the competent authorities. Regional authorities, civil society, researchers and local representative organisations shall be facilitated to raise any concern of significant unforeseen adverse effects which the project could provoke, and those concerns shall be considered by the competent national authorities during the screening. Such screening shall be finalised within 30 days from the date of submission of the applications for new renewable energy plants, with the exception of applications for installations with an electrical capacity of less than 150 kW. For such installations and for new applications for the repowering of plants, the screening phase shall be finalized within 15 days.
Amendment 82 #
2022/0160(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive (EU) 2018/2001
Article 16a – paragraph 6
Article 16a – paragraph 6
(6) In the permit-granting process of the applications referred to in paragraphs 1 and 2, the lack of reply of the relevant administrative bodies within the established deadline shall result in the specific administrative steps to be considered as approved, except in those cases where the specific project is subject to an environmental impact assessment in accordance with paragraph 5. All resulting decisions will be publicly available.
Amendment 83 #
2022/0160(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive (EU) 2018/2001
Article 16b – paragraph 2 – subparagraph 2
Article 16b – paragraph 2 – subparagraph 2
Member States shall facilitate the repowering of projects located outside go- to areas by ensuring that, if an environmental assessment for a project is required under the Union environmental legislation, such assessment shall be limited to the potential impacts stemming from the change or extension compared to the original project, including cumulative impacts.
Amendment 87 #
2022/0160(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Directive 2010/31/EU
Article 9a – paragraph 2 – point a
Article 9a – paragraph 2 – point a
(a) by 31 December 2026, on all new public and commercial buildings with useful floor area larger than 250 square meters, including all new public buildings intended for residential use;
Amendment 90 #
2022/0160(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Directive 2010/31/EU
Article 9a – paragraph 2 – point c
Article 9a – paragraph 2 – point c
(c) by 31 December 20297, on all new residential buildings.
Amendment 13 #
2022/0147(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Within the framework of the internal market, in order to safeguard freedom of choice, a high degree of consumer protection in the area of financial services contracts concluded at a distance and off-premises is required in order to enhance consumer confidence in distance selling and off-premises sales.
Amendment 17 #
2022/0147(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Ensuring the samea high level of consumer protection across the internal market is best achieved through fullminimum harmonisation. Full hHarmonisation is necessary in order to ensure that all consumers in the Union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. Member States should therefore not be allowed to maintain or introduce national provisions other than those laid down in this Directive, with respect to aspects covered by the Directive, unless otherwise provided in this Directive. Where no such harmonised provisions exist, Member States should remain free to maintain or introduce national legislation.
Amendment 44 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Amendment 46 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Directive 2011/83/EU
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
Amendment 65 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point g a (new)
Article 16a – paragraph 1 – point g a (new)
(g a) where relevant, information on the consequences of non-compliance with the commitments linked to the financial service such as late/missed payments;
Amendment 70 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point j
Article 16a – paragraph 1 – point j
(j) notice of the possibility that other taxes and/or costs may exist that are not paid via the trader or imposed by him, their amount and the conditions under which they can fall due;
Amendment 77 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 1 – point v a (new)
Article 16a – paragraph 1 – point v a (new)
(v a) where applicable, a description of the comparable most basic product in terms of costs and risks offered by the trader that would appropriately meet the consumer’s needs;
Amendment 81 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 1
Article 16a – paragraph 2 – subparagraph 1
Amendment 86 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 2
Article 16a – paragraph 2 – subparagraph 2
Where the consumer explicitly agrees to continue the telephone communications, by way of derogation from paragraph 1, only the information referred to in points (a), (f), (g), (ga) (new), (i), (n), and (p) of that paragraph needs to be provided.
Amendment 89 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16a – paragraph 3 – subparagraph 1
Article 16a – paragraph 3 – subparagraph 1
The trader shall provide the information referred to in paragraph 1 at least one day before the consumer is bound by any distance contract. Member States shall require that the trader sends a reminder, on a durable medium, to the consumer of the possibility to withdraw from the distance contract and of the procedure to follow for withdrawing, in accordance with Article 16b. That reminder shall be provided tot he consumer, at the latest, one day after the conclusion of the distance contract. The provision of the pre-contractual information shall oblige the creditor to maintain its terms and conditions for a minimum of 14 days from the date of receipt by the consumer
Amendment 96 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
2011/83/EU
Article 16a – paragraph 4 – subparagraph 2
Article 16a – paragraph 4 – subparagraph 2
Except for the information referred to in paragraph 1, points (a), (f), (g), (ga) (new), (i), (n), and (p), the trader shall be permitted to layer the information where it is provided by electronic means.
Amendment 101 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2001/83/EU
Article 16a a (new)
Article 16a a (new)
Amendment 113 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 1
Article 16b – paragraph 5 – subparagraph 1
Member States shall ensure that, for distance contracts concluded by electronic means, the trader provides a possibility to use a withdrawal button in order to facilitate the consumer’s exercise of the right of withdrawal. Such button shall be clearly labelled with the words ‘Withdraw from Contract’ or a corresponding unambiguous formulation.
Amendment 116 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 2
Article 16b – paragraph 5 – subparagraph 2
The withdrawal button shall be placed in a prominent manner and permanently available during the entire withdrawal period on the same electronic interface as the one used to conclude the distance contract. In addition, the trader may also provide the withdrawal button through another channel and directly and easily accessible on the website of the trader. Where a confirmation e-mail is sent after the conclusion of the contract, it shall also include the withdrawal button. In addition, the trader may also provide the withdrawal button through another channel. The activation of the withdrawal button shall require consumers to identify themselves and the contract they want to withdraw from. The consumer shall be asked subsequently to confirm the withdrawal from the contract with a button labelled “withdraw now”.
Amendment 121 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16b – paragraph 5 – subparagraph 3
Article 16b – paragraph 5 – subparagraph 3
The trader shall ensure that the activation of the withdrawal „withdraw now” button results in an instant confirmation notice to the consumer that the right of withdrawal has been exercised, which shall include the date and time of the exercise of the right of withdrawal. Confirmation of the exercise of the right of withdrawal shall be provided by the trader to the consumer on a durable medium. The trader shall inform the consumer without delay: a) Whether the right of withdrawal is not applicable for the selected contract or; b) On further requirements to complete the withdrawal process such as sending back the purchased item followed by a confirmation once the process is completed
Amendment 131 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16d – paragraph 1 – point c
Article 16d – paragraph 1 – point c
(c) the specific effects that the proposed contract may have on the consumer, including on their financial situation and the consequences of payment default or late payment by the consumer.
Amendment 140 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directriove 2011/83/EU
Article 16e a (new)
Article 16e a (new)
Amendment 143 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e b (new)
Article 16e b (new)
Amendment 146 #
2022/0147(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2011/83/EU
Article 16e c (new)
Article 16e c (new)
Article 16e c Admission, registration and supervision of traders offering consumer financial services 1. Member States shall ensure that traders offering consumer financial services contracts concluded at a distance are subject to an adequate admission process and to registration and supervision arrangements set up by an independent competent authority. 2. The possibility to offer consumer financial services contracts concluded at a distance shall be restricted to those entities that have obtained the authorization referred to in Article 16h (1). The Commission shall regularly monitor and review the efficiency of the measures taken.
Amendment 223 #
2022/0089(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processorsf a geographical indication, processors or operators involved in the production of the same product;
Amendment 296 #
2022/0089(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) ‘recognised producer group’ means a formal association having legal personality and recognised by the competent national authorities as the sole group to act on behalf of all producerswhich represents producers of a geographical indication;
Amendment 582 #
2022/0089(COD)
Proposal for a regulation
Article 33 – paragraph 5 a (new)
Article 33 – paragraph 5 a (new)
5a. With reference to the geographic indications for Irish Whiskey/Uisce Beatha Eireannach/Irish Whisky, Irish Cream and Irish Poitín/Irish Poteen, the provisions of Articles 32 and 33 shall apply to the geographical area referred to in the respective product specifications.
Amendment 32 #
2021/2229(INL)
Paragraph 4 a (new)
4 a. Considers that, in order to address shortcomings in the Ireland/Northern Ireland Protocol and to give effect to Article 2 of that Protocol, and in accordance with the Good Friday Agreement, the proposed allocation should include three observers elected in Northern Ireland by universal suffrage;
Amendment 77 #
2021/2208(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out the need for the European Commission to investigate the impact of EU milk powder sold in Africa, bulked up with vegetable fats including palm oil, is having on nutritional health, local farming incomes and deforestation;
Amendment 4 #
2021/2201(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the speech of Mr. Fabio Panetta Member of the Executive Board of the ECB, at Columbia University. New York, 25 April 2022, “For a few cryptos more: the Wild West of crypto finance”,
Amendment 49 #
2021/2201(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the European Union and its single market must ensure an innovation- friendly environment for companies (namely small and medium-sized enterprises (SMEs) and start-ups) regarding new technologies in the area of financial services and crypto-assets; whereas this main goal requires a strong commitment from Member States with policies, namely on taxation, that ensure a stable, clear and certain legal framework for businesses to thrive and contribute to economic growth; whereas, finally, this effort requires strong commitment tothat it safeguards citizens’ rights, as taxpayers and consumers of financial services;
Amendment 55 #
2021/2201(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. Reminds that income paid in crypto-assets and gains made on them are, as a rule, taxable like any other income or gain and that crypto-assets held are liable for inclusion in the calculation of wealth taxes;
Amendment 59 #
2021/2201(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
J b. whereas according to some simulations by the European Commission, the revenue potential of taxing capital gains on bitcoin across the EU in 2020 alone would have amounted to about €900 million, or 0.3% of the total tax revenue from property taxation in the EU;
Amendment 66 #
2021/2201(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that adapting the IT capacities of tax authorities through new emerging technologies, such as potential distributed ledger technologies like blockchain or artificial intelligence, promises tomay foster intelligent, effective and efficient tax and administrative procedures, facilitate tax compliance by citizens and businesses, and increase the traceability and identification of taxable transactions in a globalised environment where cross- border transactions have increased;
Amendment 70 #
2021/2201(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the need to identify the best ways to use technology to strengthen the analytical capacity of tax administrations (through better data analysis), to standardise data to reduce administrative burdens on SMEs, to ensure that taxation better reflects the business environment in the digital age and at the same time guarantees high levels of data protection;
Amendment 90 #
2021/2201(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that crypto-assets must be subject to fair, transparent and effective taxation, in order to guarantee fair competition between businesses in the area of financial services; understands that decisions on the taxation of crypto-assets lie with Member States, according to the Treaties; stands for an innovation- friendly environment in the digital single market, where entrepreneurs, SMEs and start-ups can thrive, generate growth, create jobs and contribute to economic recovery through tax revenueffective taxation taking into account their negative externalities where they exist, in order to guarantee fair competition between businesses in the area of financial services;
Amendment 96 #
2021/2201(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on Member States and the Commission to assess different types of taxes on crypto-assets as instruments to mitigate the negative externalities arising from the trade with crypto-assets;
Amendment 97 #
2021/2201(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Notes that some crypto-assets pride themselves on a high level of anonymity and secrecy that are fundamentally at odds with the needs of modern tax authorities to carry out their job; stresses therefore that the legal and political pressure should be placed on the providers of these crypto-assets to change and engage with tax authorities and not the other way around;
Amendment 130 #
2021/2201(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that the crypto-asset landscape is global and requires an international approach; understands, in this regard, the need to further negotiate international instruments on the matter; calls, in this regard for crypto-assets to be included within the scope of the Common Reporting Standard (CRS) developed by the OECD in 2014;
Amendment 135 #
2021/2201(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Is strongly concerned about the extreme levels of energy expenditure and pollution arising from the use of crypto- assets; warns that the network of the market leader Bitcoin “consumes about 0.36 percent of the world’s electricity - comparable to the consumption of Belgium or Chile”2a; calls on Member States to consider the implementation of a “green tax” on crypto-assets to mitigate the ecological impact; calls on the Commission to present a proposal for an EU-wide framework for a “green tax” on crypto-assets; _________________ 2a International Monetary Fund, “Global Financial Stability Report: COVID-19, Crypto, and Climate: Navigating Challenging Transitions”, Oct 2021, p. 53, https://www.imf.org/en/Publications/GFS R/Issues/2021/10/12/global-financial- stability-report-october-2021
Amendment 336 #
2021/2063(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Notes that the ECB is ‘reconsidering’ its policy of allowing the Chief Economist to make private phone calls following meetings where policy decisions are made; reiterates that this practice must end immediately as it lacks transparency and expresses concern more generally at the existence of engagements with private interests where policy is discussed;
Amendment 27 #
2021/2043(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses the need for the EU and Member States to work together to identify where increased direct shipping routes between island EU Member states, or territories, and Member States on the mainland may be advantageous, in particular in the context of Brexit;
Amendment 29 #
2021/2043(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Notes that direct shipping routes from the North of Ireland jurisdiction to mainland Europe could be helpful in ensuring the full implementation of the Withdrawal Agreement (Irish Protocol), as trade in this context is equivalent to intra-union trade;
Amendment 30 #
2021/2043(INI)
4 c. Highlights the need to focus investment on infrastructure, which would facilitate greater trade within the union, such as roads or improved lairage facilities, for capacity and animal welfare conditions, at ports that are used to transport live animals between Member States;
Amendment 31 #
2021/2043(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Recalls the need to strengthen rail links on the island of Ireland between the two jurisdictions, as the North of Ireland, by applying the Irish protocol, effectively is an end destination of intra EU trade;
Amendment 32 #
2021/2043(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Recalls the importance of ensuring that COVID entry bans imposed on third countries do not affect the flow of goods from one Member State to another, in a situation where a third country is utilised in the transit route;
Amendment 33 #
2021/2043(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. Notes the importance of working with third countries that are commonly used as a transit route between Member States, to ensure EU freight passes without hindrance;
Amendment 34 #
2021/2043(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4 g. Notes that the pandemic has led to additional trading disruption for EU countries, or territories, not connected to mainland Europe, therefore solutions to avoid this in future must be investigated;
Amendment 35 #
2021/2043(INI)
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4 h. Recalls that the disjointed process of testing between Member States, for transiting truck drivers, led to significant delays at borders during the pandemic;
Amendment 36 #
2021/2043(INI)
Draft opinion
Paragraph 4 i (new)
Paragraph 4 i (new)
4 i. Recalls the important role played by green lanes during the pandemic, in maintaining the smooth transport of food and medical equipment between EU Member States;
Amendment 37 #
2021/2043(INI)
Draft opinion
Paragraph 4 j (new)
Paragraph 4 j (new)
4 j. Highlights the post Brexit difficulties faced by hauliers, using the British land-bridge, who are not permitted to complete transit procedures electronically, forcing them, on re-entry to the EU, to attempt to visit an infrequently open transit office, thereby causing significant delay to delivery times;
Amendment 38 #
2021/2043(INI)
Draft opinion
Paragraph 4 k (new)
Paragraph 4 k (new)
4 k. Calls for the removal of the requirement by some Member States that EU hauliers using the British land-bridge pre-notify consignments of food, using the TRACES system, the fact other destination Member States do not require TRACES pre-notification illustrates it is not necessary;
Amendment 39 #
2021/2043(INI)
Draft opinion
Paragraph 4 l (new)
Paragraph 4 l (new)
4 l. Calls on the Commission to ensure the TRACES NT export certification module is ready for use by September 2021, as failure to do this will lead to additional administration, costs and confusion for intra-union trade exporters;
Amendment 403 #
2021/0420(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Being the entry and exit points for the land infrastructure of the trans- European transport network, maritime ports play an important role as cross-border multimodal nodes which serve not only as transport hubs, but also as gateways for trade, industrial clusters and energy hubs, for example with regard to the deployment of on-shore and off-shore wind installations.
Amendment 414 #
2021/0420(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) Maritime seaports are clean energy hubs of the future and important facilitators of the energy transition across Europe. In their role as energy hubs, maritime seaports play a key role in realising the EU’s climate objectives for 2030 and 2050, as well as the ambitions outlined in the REPowerEU plan.
Amendment 415 #
2021/0420(COD)
Proposal for a regulation
Recital 46 b (new)
Recital 46 b (new)
(46b) Maritime seaports increasingly take up new responsibilities and are involved in new services, such as sustainable energy production, research on the blue economy, and military mobility. In their role as multi-service actors, maritime seaports can substantially contribute to a sustainable, digital and resilient European economy.
Amendment 1124 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 4 – introductory part
Article 24 – paragraph 4 – introductory part
4. A maritime port shallIn order to be part of the comprehensive network where, a maritime port shall meet at least one of the following conditions is met:
Amendment 1141 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 4 a (new)
Article 24 – paragraph 4 a (new)
4a. It is considered by its Member State as a critical node for the supply of renewable energy in the EU and is considered to be instrumental to reach the ambitions of REPowerEU.
Amendment 1146 #
2021/0420(COD)
Proposal for a regulation
Article 24 – paragraph 4 b (new)
Article 24 – paragraph 4 b (new)
4b. The total annual wind energy volume, derived from both onshore and offshore wind, imported through the maritime port exceeds 0.1% of the total annual wind energy deployed by the Union. The reference amount for this volume is the latest available five-year average, based on the statistics published by Eurostat.
Amendment 1640 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 6/23
Annex 1 – part 6/23
Add the following to the core network: - Limerick – Galway – Sligo - Letterkenny rail freight line (Conventional/New Construction)
Amendment 1641 #
2021/0420(COD)
Proposal for a regulation
Annex 1 – part 7/23
Annex 1 – part 7/23
Add the following to the core network: - Limerick Junction – Limerick -Galway- Sligo-Letterkenny rail passenger line (Conventional/New Construction railway) - Cork – Limerick – Galway – Sligo- Letterkenny Motorway
Amendment 1734 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section IE
Annex 2 - table - section IE
Node name: Galway Maritime port: Core
Amendment 1735 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section IE
Annex 2 - table - section IE
Node name: Killybegs Maritime port: Core
Amendment 1736 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section IE
Annex 2 - table - section IE
Node name: Sligo Maritime port: Core
Amendment 1737 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section IE
Annex 2 - table - section IE
Node name: Carraig Fhiáin/Carrickfin Airport: comprehensivre (Dúnnan Gall/ Donegal)
Amendment 1738 #
2021/0420(COD)
Node name: An Cnoc/Knock Airport: comprehensivre (Cúige Chonnacht/Connaught)
Amendment 1739 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section IE
Annex 2 - table - section IE
Node name: Luimeneach/Limerick Airport: comprehensivre (Sionainn/Shannon)
Amendment 1791 #
2021/0420(COD)
Proposal for a regulation
Annex 3 - part 3/14
Annex 3 - part 3/14
Add the following to the corridor North Sea – Alpine: - Cork-Limerick-Galway-Sligo- Letterkenny motorway - Limerick – Galway – Sligo - Letterkenny rail freight line - Port of Sligo - Port of Galway - Port of Killybegs
Amendment 1792 #
2021/0420(COD)
Proposal for a regulation
Annex 3 - part 4/14
Annex 3 - part 4/14
Add the following to the corridor North Sea – Alpine: - Limerick Junction – Limerick -Galway- -Sligo-Letterkenny rail passengers line - Ireland West Airport Knock - Shannon Airport - Donegal Airport
Amendment 30 #
2021/0366(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 33 #
2021/0366(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Union imported and consumed one third of the globally traded agricultural products associated with deforestation between 1990 and 2008. Over that period, Union consumption was responsible for 10% of worldwide deforestation associated with the production of goods or services. Even if the relative share of EU consumption is decreasing, EU consumption is a disproportionally large driver of deforestation. The Union's impact on deforestation also comes from financial sector funding. EU- based financial institutions lent $34.7 billion to the world's top deforesting companies between 2016 and 2020, earning over €400 million in proceeds directly from the destruction of forests.2a The Union should therefore take action to minimise global deforestation and forest degradation driven by its consumption of certain commodities and products, and by the lending of EU-based financial institutions, and thereby seek to reduce its contribution to greenhouse gas emissions and global biodiversity loss as well as promote sustainable production and consumption patterns in the Union and globally. To have the greatest impact, Union policy should aim at influencing the global market, not only supply chains to the Union. Partnerships and efficient international cooperation with producer and consumer countries are fundamental in that respect. _________________ 2a Global Witness (October 2021) Deforestation Dividends. How global banks profit from rainforest destruction and human rights abuses.
Amendment 37 #
2021/0366(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation also follows the Commission’s Communication on “An Open, Sustainable and Assertive Trade Policy”38 which stated that with new internal and external challenges and more particularly a new, more sustainable growth model as defined by the European Green Deal and the European Digital Strategy, the EU needs a new trade policy strategy –one that will support achieving its domestic and external policy objectives and promote greater sustainability and uphold human rights in line with its commitment of fully implementing the UN Sustainable Development Goals. Trade policy must play its full role in the recovery from the COVID-19 pandemic and in the green and digital transformations of the economy and towards building a more resilient Europe in the world. _________________ 38 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Trade Policy Review - An Open, Sustainable and Assertive Trade Policy, COM(2021) 66 final, 18 February 2021.
Amendment 40 #
2021/0366(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations, local civil society and bodies, and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production, acknowledging the role of indigenous people, improving governance and land tenure, increasing law enforcement and promoting sustainable forest management, climate-resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry. In doing so it should acknowledge the role of indigenous people in protecting forests. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, to exploit the multi-functionalities of forest, support them in the transition to sustainable forest management, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation and forest degradation.
Amendment 46 #
2021/0366(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and, forest degradation and human rights abuses, and to ensure that commodities and products from supply chains related to deforestation and, forest degradation and human rights abuses are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production, international human rights laws and the principle of Free, Prior and Informed Consent of Indigenous Peoples. To confirm that this is the case, they should always be accompanied by a due diligence statement.
Amendment 48 #
2021/0366(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free, human rights and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include three elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation and forest degradation and legality requirements are fulfilled, inter alia by identifying the country and area of production, including geo-location coordinates of relevant plots of land. These geo-location coordinates that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.
Amendment 50 #
2021/0366(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the deforestation and forest degradation risk, and the risk of violations of human rights, at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation and forest degradation. This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a three-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst competent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation.
Amendment 67 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the conversion of forest to agricultural or other use, whether human-induced or not;
Amendment 109 #
2021/0366(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) they have been produced in accordance with the relevant legislation of the country of production and without any violation of human rights along the supply chain; and
Amendment 121 #
2021/0366(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Obligations of regulated financial undertakings 1. Regulated financial undertakings that provide financial services to operators who are subject to this Regulation shall be subject to the obligations and provisions in Article 4, 5 and 8 to 12 of this Regulation, with regard to financial services related to the making available of the relevant commodities and relevant products in the Union market. When complying with the information gathering requirement under Article 9, regulated financial undertakings may rely on the information gathered for the same purpose by the operator to whom they are providing the financial service, complemented by other information sources. When completing the risk assessment under Article 10, regulated financial undertakings will perform the risk assessment independently of the operator to whom they are providing a financial service. 2. Paragraph 1 of this article shall also apply to regulated financial undertakings providing financial services to traders that are not SMEs who are subject to this Regulation, with regard to financial services related to the making available of the relevant commodities and relevant products on the EU market.
Amendment 136 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of production, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity, and ensuring that the rights of indigenous peoples to Free, Prior and Informed Consent are respected;
Amendment 152 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e a (new)
Article 10 – paragraph 2 – point e a (new)
(e a) concerns in relation to other actors involved in the supply chain, particularly in relation to legal complaints taken against an actor, substantiated concerns relating to deforestation, forest degradation, human rights abuses or attacks against environmental and land rights defenders committed by an actor, or the inclusion of an actor on any United Nations list of companies and businesses involved in violations of human rights or international law;
Amendment 156 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point i
Article 10 – paragraph 2 – point i
(i) substantiated concerns submitted under Article 29, paying particular attention to reports by civil society;
Amendment 167 #
2021/0366(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Unless otherwise provided by other EU legislative instruments that lay down requirements regarding sustainability value chain due diligence, operators which are not SMEs shall, on an annual basis, publicly report as widely as possible, including on the internet, on their due diligence system including on the steps taken by them to implement their obligations as set out in Article 8information about the products and commodities placed on the market, the place of production or origin of the commodities, the structure of the supply chain, the potential risks of non-compliance that were detected, and the steps taken to mitigate those risks. Operators falling also within the scope of other EU legislative instruments that lay down requirements regarding value chain due diligence may fulfil their reporting obligations under this paragraph by including the required information when reporting in the context of other EU legislative instruments.
Amendment 170 #
2021/0366(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. When placing relevant commodities or products on the Union market or exporting them from it, operators are not required to fulfil the obligations under Article 10 where they can ascertain that all relevant commodities and products have been produced in countries or parts thereof that were identified as low risk in accordance with Article 27, except where a risk of mixing with products of unknown origin or substantiated concerns submitted under Article 29 have been identified in accordance with points (g) and (i) respectively of paragraph 2 in Article 10.
Amendment 178 #
2021/0366(COD)
3. To carry out the checks referred to in paragraph 1, the competent authorities shall establish a plan based on a risk-based approach. The plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. In establishing and reviewing the risk criteria, the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with Article 27, the history of compliance of an operator or trader with this Regulation and any other relevant information, such as reports by civil society. Based on the results of the checks and the experience on implementation of the plans, the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. When reviewing the plans, the competent authorities shall establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this Regulation.
Amendment 179 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The suspensions referred to in paragraph 6 shall end within 37 working days unless the competent authorities, based on the result of the checks conducted within that period, conclude that they require additional time to establish whether the relevant commodities and products comply with the requirements of this Regulation. In such case, the competent authorities shall extend the period of suspension by means of additional interim measures taken under Article 21 or, in the case of relevant commodities or products entering or leaving the Union market, by notifying the customs authorities of the need to maintain the suspension under Article 24(6).
Amendment 180 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 8
Article 14 – paragraph 8
8. Competent authorities shall exchange information on and coordinate the development and application of the risk criteria referred to in paragraph 3 with competent authorities of other Member States and with the Commission, in order to improve the effectiveness of the enforcement of this Regulation and highlight situations that may be of a scale to cause an imbalance in EU agricultural markets.
Amendment 183 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
9. Each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 5% of the operators placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as 58% of the quantity of each of the relevant commodities placed or made available on or exported from their market.
Amendment 184 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 11
Article 14 – paragraph 11
11. Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based on substantiated concerns provided by third parties, such as civil society, under Article 29, concerning potential non-compliance with this Regulation.
Amendment 189 #
2021/0366(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point h
Article 15 – paragraph 1 – point h
(h) spot checks, including field audits, including where appropriate in third countries through cooperation with the administrative authorities of third countries and civil society.
Amendment 190 #
2021/0366(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) where appropriate, spot checks, including field audits.
Amendment 196 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. 3. In the case of soya, the Commission shall publish a strategy on how to remove soya, when it is produced as a result of deforestation, from the EU market, while guaranteeing little or no disruption to animal feedstocks in the EU; said report may investigate whether a phased removal from the market, rather than immediate ban, is appropriate. This is important because the EU’s self- sufficiency rate for soya is 5 %, and as a consequence, the EU imports annually around 13 million tonnes of soya, mainly from Brazil, Argentina and the USA.
Amendment 199 #
2021/0366(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with Article 27, or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain, each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 1520% of the operators placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as 1520% of the quantity of each of the relevant commodities placed or made available on or exported from their market from high risk countries or parts thereof.
Amendment 210 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point a
Article 23 – paragraph 2 – point a
(a) fines proportionate to the environmental damage and the value of the relevant commodities or products concerned, calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least 410 % of the operators or trader’s annual turnover in the Member State or Member States concerned;
Amendment 222 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Partnerships and cooperation should allowall be encouraged, to ensure the full participation of all stakeholders, including civil society, indigenous people, local communities and the private sector including, SMEs and smallholders.
Amendment 234 #
2021/0366(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Any natural or legal person having sufficient interest, including those having submitted substantiated concern in accordance with Article 29 and in particular civil society working in the area, shall have access to a court or other independent and impartial public body competent to review the procedural and substantive legality of the decisions, acts or failure to act of the competent authority under this Regulation.
Amendment 235 #
2021/0366(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
Amendment 237 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. No later than two years after the entry into force, the Commission shall carry out a first review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The report shall focus in particular on an evaluation of the need and the feasibility of extending the scope of this Regulation to other ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands and further commodities, while ensuring a consistency with how such areas are treated within the union.
Amendment 238 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point a
Article 32 – paragraph 2 – point a
(a) the need for and feasibility of additional trade facilitation tools to support the achievement of the objectives of the Regulation including through recognition of certification schemes;
Amendment 239 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
(b) the impact of the Regulation on farmers, in particular smallholders, indigenous peoples and local communities and the possiblelikely need for additional support for the transition to sustainable supply chains.
Amendment 37 #
2021/0296(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) The global financial crisis also showed the need for an EU wide harmonised Insurance Guarantee Scheme to protect consumers and ensure a level playing field. The completion of such a scheme should be considered a priority for the Union.
Amendment 228 #
2021/0295(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Member States could make insurance undertakings that are excluded from the scope of Directive 2009/138/EC subject to provisions that are similar or identical to the ones provided for in that Directive.
Amendment 234 #
2021/0295(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Reporting and disclosure deadlines should be clearly laid down in Directive 2009/138/EC. However, it should be recognised that extraordinary circumstances such as sanitary emergencies, natural catastrophes and other extreme events could make it impossible for insurance and reinsurance undertakings to submit such reports and disclosures, within the established deadlines. To this end, the CommissionEIOPA should be empowered to extend the deadlines under such circumstances.
Amendment 245 #
2021/0295(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Directive 2009/138/EC requires insurance and reinsurance undertakings to have, as an integrated part of their business strategy, a periodic own-risk and solvency assessment. Some risks, such as climate change risks, are difficult to quantify or they materialise over a period that is longer than the one used for the calibration of the Solvency Capital Requirement. Those risks can be better taken into account in the own-risk and solvency assessment. Where iInsurance and reinsurance undertakings have material exposure to climate risks, they should be required to carry out, within appropriate intervals and as part of the own-risk and solvency assessment, analyses of the impact of long-term climate change risk scenarios on their business, except when the undertaking can prove that it has no material exposure to climate change risks. Such analyses should be proportionate to the nature, scale and complexity of the risks inherent in the business of the undertakings. In particular, while the assessment of the materiality of exposure to climate risks should be required from all insurance and reinsurance undertakings, long-term climate scenario analyses should not be required for low- risk profile undertakings.
Amendment 252 #
2021/0295(COD)
Proposal for a directive
Recital 31
Recital 31
(31) The burden of the auditing requirement does not seem to be justified for low-risk profile undertakings, which are not expected to be relevant for the financial stability of the Union and whose policyholders are not numerous. One of the criteria that low-risk profile undertakings are required to meet is that they be small in size. To alleviate this burden, an exclusion from this requirement should be granted. However, as some Member States have already implemented audit requirements encompassing all undertakings and other parts of the solvency and financial condition report, they should have the possibility to apply auditing to all undertakings and other parts of the solvency and financial condition report.
Amendment 306 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/138/EC
Article 4 – paragraph 1 – points a and b
Article 4 – paragraph 1 – points a and b
Amendment 315 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2009/138/EC
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
(2a) in Article 4(1), the following subparagraph is added: 'Member States may define a threshold different to that laid down in point (a) of the first subparagraph if that different threshold applies to a material number of insurance and reinsurance undertakings with low risk profile and representing a residual market share. Such a threshold shall not exceed EUR 25 000 000.';
Amendment 319 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/138/EC
Article 13 – paragraph 1 – point 10a a (new)
Article 13 – paragraph 1 – point 10a a (new)
(10aa) ‘significant cross-border activities’ means insurance and reinsurance activities carried out by an insurance or reinsurance undertaking under the right of establishment and those carried out under the freedom to provide services in a given host Member State, which has been identified by the relevant supervisory authority of the home Member State and the supervisory authorities of any Member State the undertaking intends to carry-out its business on the basis of its nature, scale and complexity of risk inherent in the business model and pursuant to Article 26(5);
Amendment 324 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point i
Article 1 – paragraph 1 – point 5 – point i
Directive 2009/138/EC
Article 13 – paragraph 1 – point 41 a (new)
Article 13 – paragraph 1 – point 41 a (new)
(41a) 'science-based target' means a target defined on the basis of conclusive scientific evidence and with independent scientific validation, that when achieved by the undertaking ensures that the undertaking's impacts on sustainability matters, as referred to in Articles 132 and 44(2), will be aligned with the sustainability goals and criteria of the European Union for the specific sustainability matters;
Amendment 330 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point i
Article 1 – paragraph 1 – point 5 – point i
Directive 2009/138/EC
Article 13 – paragraph 1 – point 41 b (new)
Article 13 – paragraph 1 – point 41 b (new)
(41b) 'climate neutrality' shall be read in accordance with Article 2(1) of the Regulation (EU) 2021/1119 ("European Climate Law");
Amendment 333 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point i
Article 1 – paragraph 1 – point 5 – point i
Directive 2009/138/EC
Article 13 – paragraph 1 – point 41 c (new)
Article 13 – paragraph 1 – point 41 c (new)
Amendment 337 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point i
Article 1 – paragraph 1 – point 5 – point i
Directive 2009/128/EC
Article 13 – paragraph 1 – point 41 d (new)
Article 13 – paragraph 1 – point 41 d (new)
Amendment 340 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point i
Article 1 – paragraph 1 – point 5 – point i
Directive 2009/138/EC
Article 13 – paragraph 1 – point 41 e (new)
Article 13 – paragraph 1 – point 41 e (new)
(41e) 'sustainability factors' means sustainability factors as defined in Article 2, point (24) of Regulation (EU) 2019/2088 of the European Parliament and of the Council1a; __________________ 1a Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability- related disclosures in the financial services sector
Amendment 342 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point i
Article 1 – paragraph 1 – point 5 – point i
Directive 2009/138/EC
Article 13 – paragraph 1 – point 41 f (new)
Article 13 – paragraph 1 – point 41 f (new)
(41f) 'transition plan' is the plan of an insurance or reinsurance undertaking to ensure that its business model and strategy are compatible with the transition to a sustainable economy and with the goals of the Paris Agreement to limit global warming to 1.5°C with no or limited overshoot, including plans to address the greenhouse gas emissions associated directly or indirectly with its asset and insurance portfolios;
Amendment 344 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point i
Article 1 – paragraph 1 – point 5 – point i
Directive 2009/138/EC
Article 13 – paragraph 1 – point 41 g (new)
Article 13 – paragraph 1 – point 41 g (new)
(41g) 'stewardship' is the engagement strategy of the insurance or reinsurance undertaking to steer the activities of the assets it holds, as its shareholders' rights allow, and to influence the strategy and business of the firms in which it invests, in order to progress towards sustainable economic activities and towards a more positive impact on sustainability factors;
Amendment 349 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2009/13/8/EC
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where several supervisory authorities need to be consulted pursuant to paragraph 1, any supervisory authority concerned may request additional information from the supervisory authority of the home Member State to jointly assess the application for authorisation. The supervisory authority of the home Member State shall consider the conclusions of the joint assessment when taking its final decision and report the outcome and reason for its decision to all supervisory authorities consulted pursuant to paragraph 1 and to EIOPA.;
Amendment 350 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2009/138/EC
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. The supervisory authority of the home Member State shall assess the nature, scale and complexity of the risks inherent in the business model of the insurance undertaking for any of the markets in which the insurance undertaking seeks authorisation for carrying out its business. The home Member State may consult with the relevant supervisory authority of host Member States and shall inform the relevant supervisory authority and EIOPA about the conclusion of this assessment. Where the relevant supervisory authority disagrees with the assessment, EIOPA may, at the request of any relevant supervisory authority, assist the supervisory authorities in reaching an agreement.
Amendment 383 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
3. The supervisory authority may oppose the classification as low-risk profile undertaking within one month of receipt of the notification referred to in paragraph 1 of this Article on grounds related exclusively to the non-compliance with the conditions foreseen under Article 29a. A decision of the supervisory authority to oppose to the classification shall be done in writing and state the reasons of the supervisory authority’s disagreement. Absent such decision, the insurance undertaking shall not be classified as low- risk profile undertaking as of the end of the one month opposition period or an earlier date where the supervisory authority has issued a decision earlier confirming compliance with criteria.
Amendment 389 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2009/138/EC
Article 29c – paragraph 2
Article 29c – paragraph 2
2. Where the supervisory authority has serious concerns in relation to the risk profile of a low-risk profile undertaking, the supervisory authority may, in exceptional circumstances,shall request the undertaking concerned to refrain from using one or several proportionality measures listed in paragraph 1 provided this is justified in writing on consideration of the impact on the organisation of the undertaking and the specificities or change of its risk profile.
Amendment 405 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
3. For the purpose of this Article, ‘significant cross-border activities’ are insurance and reinsurance activities carried out by an insurance or reinsurance undertaking under the right of establishment and those carried out under the freedom to provide services in a given host Member State, which exceed 5 % of the annual grossere these activities are of relevance written premium of the undertaking, measured with reference to the last available financial statement of the undertaking.;h respect to the host Member State’s market, in particular when the activities are considered as relevant by the supervisory authority of the host Member State.
Amendment 418 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2009/138/EC
Article 35a – paragraph 2
Article 35a – paragraph 2
Amendment 423 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2009/138/EC
Article 35b – paragraph 4
Article 35b – paragraph 4
4. The Commission may adopt delegated acts Without prejudice to the powers of EIOPA under Article 18 of Regulation (EU) No 1094/2010, EIOPA may, at the request of one or several national supervisory authorities or on its own initiative, declare operations-disrupting events as exceptional. An operations- disrupting event may only be declared as exceptional if it is caused by a sanitary emergency, a natural catastrophe or another extreme event and if it affects materially the operational capabilities of insurance and reinsurance undertakings representing accordance with Article 301a to change significant share of the market or of the affected lines of business in one or several Member States. Where EIOPA has declared an operations-disrupting event as exceptional, the national supervisory authorities concerned may, within 3 months following the declaration, temporarily extend, for affected undertakings, the deadlines laid downreferred to in paragraphs 1, 2, and 3 of this Article, provided that the change is necessary due to sanitary emergencies, natural catastrophes or other extreme events.; or 3 by up to 10 weeks. Based on the declaration by EIOPA of an operations-disrupting event as exceptional, the national supervisory authorities concerned may, where necessary, extend those deadlines for reporting obligations which are due within 6 months from the declaration by EIOPA. Where the affected undertakings are part of a group to which group supervision applies in accordance with Article 213(2), national supervisory authorities shall inform without delay the group supervisor of this extension.
Amendment 430 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 – point a
Article 1 – paragraph 1 – point 21 – point a
Directive 2009/138/EC
Article 41 – paragraph 1 – subparagraph 3 a (new)
Article 41 – paragraph 1 – subparagraph 3 a (new)
Insurance and reinsurance undertakings shall set individual quantitative objectives in view of improving gender-balanced representation of both sexes within their governance structures.
Amendment 431 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 – point b
Article 1 – paragraph 1 – point 21 – point b
Directive 2009/138/EC
Article 41 – paragraph 2a – subparagraph 2
Article 41 – paragraph 2a – subparagraph 2
Amendment 435 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 – point c
Article 1 – paragraph 1 – point 21 – point c
Directive 2009/138/EC
Article 41 – paragraph 3 – subparagraph 1
Article 41 – paragraph 3 – subparagraph 1
3. Insurance and reinsurance undertakings shall have written policies in relation to at least risk management, internal control, internal audit, remuneration and pay transparency, stewardship, and, where relevant, outsourcing. They shall ensure that those policies are implementedhave a written transition plan, as described in Article 44a. They shall ensure that those policies and the transition plan are implemented. Policies shall integrate sustainability risk.
Amendment 448 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point - a (new)
Article 1 – paragraph 1 – point 22 – point - a (new)
Directive 2009/138/EC
Article 42 – paragraph 1 – point a
Article 42 – paragraph 1 – point a
(-a) paragraph 1, point (a) is replaced by the following: "(a) their professional qualifications, knowledge and experience, including in the field of sustainability risk, are adequate to enable sound and prudent management (fit); and (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630)" Or. en
Amendment 449 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point - a a (new)
Article 1 – paragraph 1 – point 22 – point - a a (new)
Directive 2009/138/EC
Article 42 – paragraph 2
Article 42 – paragraph 2
(-aa) paragraph 2 is replaced by the following: "2. Insurance and reinsurance undertakings shall notify the supervisory authority of any changes to the identity of the persons who effectively run the undertaking or are responsible for other key functions, along with the reasons for the changes and all information needed to assess whether any new persons appointed to manage the undertaking are fit and proper. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630)" Or. en
Amendment 455 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b – point i a (new)
Article 1 – paragraph 1 – point 23 – point b – point i a (new)
Directive 2009/138/EC
Article 44 – paragraph 2a – subparagraph 1 a (new)
Article 44 – paragraph 2a – subparagraph 1 a (new)
(i a) the following subparagraph is inserted after the first subparagraph: "As regards underwriting, reserving and investment, insurance and reinsurance undertakings shall perform a regular assessment and ensure that their business strategy and activities for underwriting and their whole portfolio of assets are aligned with the objective of achieving climate neutrality in the EU by 2050 at the latest, as set out in Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 ("European Climate Law").";
Amendment 468 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b a (new)
Article 1 – paragraph 1 – point 23 – point b a (new)
Directive 2009/138/EC
Article 44 – paragraph 5 a (new)
Article 44 – paragraph 5 a (new)
(ba) the following paragraph is added: "5a. The written policy on remuneration referred to at Article 41(3) shall promote sound and effective risk management in line with the written policy on risk management referred to in Article 41(3), including in relation to sustainability risks and the adverse impacts of the insurance or reinsurance undertaking on sustainability factors. Where an undertaking's remuneration schemes include both fixed and variable components, the variable remuneration component should be not less than 50 percentage points linked to the achievement of the targets set as part of the transition plan of the undertaking, as referred to in Article 44a."
Amendment 471 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Directive 2009/138/EC
Article 44 a (new)
Article 44 a (new)
Amendment 480 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point a
Article 1 – paragraph 1 – point 24 – point a
Directive 2009/138/EC
Article 45 – paragraph 1 – subparagraph 2 – point e
Article 45 – paragraph 1 – subparagraph 2 – point e
(e) consideration and analysis of the activities of the undertaking that may affect the macroeconomic and financial markets’ developments, and have the potential to turn into sources of systemic risk. This analysis consider the cumulative effect of its activities when combined with similar actions by other undertakings;
Amendment 483 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point b
Article 1 – paragraph 1 – point 24 – point b
Directive 2009/138/EC
Article 45 – paragraph 1a – subparagraph 1 – point e
Article 45 – paragraph 1a – subparagraph 1 – point e
(e) climate change, biodiversity loss, pandemics, other mass-scale events and other catastrophes, which may affect insurance and reinsurance undertakings.
Amendment 488 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point b a (new)
Article 1 – paragraph 1 – point 24 – point b a (new)
Directive 2009/138/EC
Article 45 – paragraph 2
Article 45 – paragraph 2
(ba) paragraph 2 is replaced by the following: "2. For the purposes of paragraph 1(a), the undertaking concerned shall have in place processes which are proportionate to the nature, scale and complexity of the risks inherent in its business and which enable it to properly identify and assess the risks it faces in the short and long term and to which it is or could be exposed. The undertaking shall demonstrate the methods used in that assessment. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630), including sustainability risks, and its own principal adverse impacts on sustainability factors. The undertaking shall demonstrate the methods used in that assessment. " Or. en
Amendment 493 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 1
Article 45a – paragraph 1
1. For the purposes of the identification and assessment of risks referred to in Article 45(2), the undertaking concerned shall also assess whether it has anspecify material exposure to climate change risks. The undertaking shall demonstrate the materiality of its exposure to climate change risks in the assessment referred to in Article 45(1) least three long- term climate scenarios.
Amendment 496 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 2 – introductory part
Article 45a – paragraph 2 – introductory part
2. WThere the undertaking concerned has material exposure to climate change risks, the undertaking shall specify at least two long-term climate change scenarios, long-term climate change scenarios referred to in paragraph 1 shall cover a modelling period of at least 30 years and shall includinge the following scenarios:
Amendment 497 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 2 – point a
Article 45a – paragraph 2 – point a
(a) a long-term 'orderly transition' climate change scenario where the global temperature increase remainsclimate change policies are introduced early and become gradually more stringent, resulting in global greenhouse gas emissions reaching net-zero by 2050 and limiting the global temperature increase to below two degrees Celsius;
Amendment 500 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2009/139/EC
Article 45a – paragraph 2 – point b
Article 45a – paragraph 2 – point b
(b) a long-term 'disorderly transition' climate change scenario where the global temperature increase is equal to or higher thanclimate policies are delayed or divergent, resulting in later and sharper global greenhouse gas emission reductions, with the global temperature increase remaining below two degrees Celsius.;
Amendment 503 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 2 – point b a (new)
Article 45a – paragraph 2 – point b a (new)
(b a) a long-term climate change scenario where the global temperature increase is equal to or higher than two degrees Celsius.
Amendment 507 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2009/138/EC
Article 45a – paragraph 5 a (new)
Article 45a – paragraph 5 a (new)
5 a. By way of derogation from paragraphs 1, 2, 3 and 4, insurance undertakings that can demonstrate the they do not have any material exposure to climate change risks shall neither be required to specify climate change scenarios nor to assess their impact on the business of the undertaking.
Amendment 509 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25 a (new)
Article 1 – paragraph 1 – point 25 a (new)
Directive 2009/128/EC
Article 50 – paragraph 1
Article 50 – paragraph 1
(25a) paragraph 1 of Article 50 is replaced by the following: "1. The Commission shall adopt delegated acts in accordance with Article 301a to further specify the following: (a) the elements of the systems referred to in Articles 41, 44, 46 and 47, and in particular the areas to be covered by the asset–liability management and investment policy, as referred to in Article 44(2), of insurance and reinsurance undertakings; (b) the functions referred to in Articles 44, 46, 47 and 48. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-20210630); (c) minimum standards and reference methodologies for the transition plans referred to in Article 44a; (d) specific, measurable targets based on scientific evidence, referred to in Article 44a and set out in Article 13; (e) minimum standards and reference methodologies on how insurance and reinsurance undertakings should integrate sustainability risks and adverse impacts on sustainability factors into their risk management systems in accordance with Article 44, including in relation to the types of sustainability risks and sustainability factors that should be considered by insurance and reinsurance undertakings and processes for identifying and managing adverse impacts on sustainability factors. The Commission shall, at least every three years after its date of application, review any delegated act adopted pursuant to points (c) and (d) of this paragraph, taking into consideration the technical advice of the European Financial Reporting Advisory Group (EFRAG). Where necessary, the Commission shall amend such delegated acts to take into account relevant developments, including developments with regard to international standards for transition plans and science-based targets. 1a. When adopting delegated acts pursuant to paragraph 1 points (c) and (d), the Commission shall take account of the sustainability reporting standards adopted in accordance with the Directive 2014/95/EU. " Or. en
Amendment 515 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Article 1 – paragraph 1 – point 26 – point b
Directive 2009/128/EC
Article 51 – paragraph 1a – point b
Article 51 – paragraph 1a – point b
(b) a brief description of the capital management and the risk profile of the undertaking., including in relation to sustainability risks and the principal adverse impacts of the insurance or reinsurance undertaking on sustainability factors, and with reference to how the undertaking's stewardship policy has contributed to addressing these impacts;
Amendment 520 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Article 1 – paragraph 1 – point 26 – point b
Directive 2009/138/EC
Article 51 – paragraph 1a – point b a (new)
Article 51 – paragraph 1a – point b a (new)
(b a) where the undertaking conducts a climate change scenario analysis, a description of the results of the latest climate change scenario analysis as described in Article 45a, and a description of how the transition plan of the undertaking described in Article 44a is addressing and reducing the undertaking's exposure to climate change risks;
Amendment 522 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point c
Article 1 – paragraph 1 – point 26 – point c
Directive 2009/138/EC
Article 51 – paragraph 1b – point a
Article 51 – paragraph 1b – point a
(a) a description of the system of governance, including a description of the role of the administrative, management and supervisory bodies with regard to sustainability risks in line with Article 41;
Amendment 527 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point c
Article 1 – paragraph 1 – point 26 – point c
Directive 2009/138/EC
Article 51 – paragraph 1b – point c – point iii
Article 51 – paragraph 1b – point c – point iii
(iii) for insurance and reinsurance undertakings relevant for the financial stability of the financial systems in the Union, information on risk sensitivity, including in relation to sustainability risks;
Amendment 530 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point c
Article 1 – paragraph 1 – point 26 – point c
Directive 2009/138/EC
Article 51 – paragraph 1b – point c – point vi a (new)
Article 51 – paragraph 1b – point c – point vi a (new)
(vi a) climate and other sustainability targets and transition plan targets of the undertaking, including absolute carbon emission reduction targets for its underwriting and investment portfolios, submitted in accordance with Articles 44(2a) (new) and 44a (new), and the progress made towards implementing them;
Amendment 534 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point c
Article 1 – paragraph 1 – point 26 – point c
Directive 2009/138/EC
Article 51 – paragraph 1b – point c – point vi b (new)
Article 51 – paragraph 1b – point c – point vi b (new)
(vi b) how the undertaking's business model and strategy take account of sustainability risks faced by the undertaking.
Amendment 537 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point c
Article 1 – paragraph 1 – point 26 – point c
Directive 2009/138/EC
Article 51 – paragraph 1b – point c a (new)
Article 51 – paragraph 1b – point c a (new)
(c a) where the undertaking conducts a climate change scenario analysis, a description of the results of the latest climate change scenario analysis as described in Article 45a, and a description of how the transition plan of the undertaking described in Article 44a (new) is addressing and reducing the undertaking's exposure to climate change risks.
Amendment 544 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
2. Member States may extend the obligation laid down in paragraph 1 to captive insurance undertakings and, captive reinsurance undertakings and low risk profile undertakings.
Amendment 546 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2009/138/EC
Article 51a – paragraph 3 a (new)
Article 51a – paragraph 3 a (new)
3 a. Member States may extend the scope of the audit requirement to other elements of the solvency and financial condition report.
Amendment 547 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 28 – point c a (new)
Article 1 – paragraph 1 – point 28 – point c a (new)
Directive 2009/138/EC
Article 52 – paragraph 3 a (new)
Article 52 – paragraph 3 a (new)
(ca) the following paragraph is added: ‘3a. EIOPA shall monitor the appropriateness and soundness of the criteria for identifying low-risk profile undertakings and groups and assess the effects of applying those criteria, at least with respect to the objectives of policyholders’ protection, financial stability and level playing field. EIOPA shall submit a report on its findings to the Commission by [OP please insert date = three years after entry into application].’;
Amendment 552 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Amendment 559 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 36 a (new)
Article 1 – paragraph 1 – point 36 a (new)
Directive 2009/138/EC
Article 77 – paragraph 5 a (new)
Article 77 – paragraph 5 a (new)
5a. The Cost-of-Capital rate referred to in paragraph 5 shall be assumed to be equal to 6%.
Amendment 564 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 37
Article 1 – paragraph 1 – point 37
Directive 2009/138/EC
Article 77a – paragraph 2 – subparagraph 1
Article 77a – paragraph 2 – subparagraph 1
2. For the purpose of paragraph 1, second subparagraph, any parameters determining the speed of the convergence of the forward rates towards the ultimate forward rate of the extrapolation may be chosen such that on [OP please insert date = application date] the risk-free interest rate term structure is sufficiently similar to the risk-free interest rate term structure on that date determined in line with the rules for the extrapolation applicable on [OP please insert date = one day before date of application]. Those parameters of the extrapolation shall be decreased linearly at the beginning of each calendar year, during a transitional period. The final parameters of the extrapolation shall be applied as of 1 January 2032The extrapolated risk-free rate shall be determined as follows: rFSP+h = FSP+h√((1+rFSP)FSP * exp(h*fh)) - 1 Where: fh = ln(1+UFR) + [(LLFR - ln(1+UFR)] * ((1-exp(-a*h)/(a*h)) (a) UFR is the Ultimate Forward Rate (b) a is the convergence speed parameter (c) LLFR is the Last Liquid Forward Rate (d) FSP is the First Smoothing Point. The convergence speed parameter a shall be set at 10%.
Amendment 572 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 37 a (new)
Article 1 – paragraph 1 – point 37 a (new)
Directive 2009/138/EC
Article 77b – paragraph 1 – subparagraph 1 – point a
Article 77b – paragraph 1 – subparagraph 1 – point a
(37a) in subparagraph 1 of Article 77b(1) point (a) is replaced by the following: ‘the insurance or reinsurance undertaking has assigned a portfolio of assets, consisting of bonds and other assets with similar cash-flow characteristics, and excluding any assets in fossil fuel companies, activities, reserves and fossil fuel power plants, to cover the best estimate of the portfolio of insurance or reinsurance obligations and maintains that assignment over the lifetime of the obligations, except for the purpose of maintaining the replication of expected cash flows between assets and liabilities where the cash flows have materially changed; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0138-’ Or. en 20210630Directive)
Amendment 584 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point c
Article 1 – paragraph 1 – point 38 – point c
Directive 2009/138/EC
Article 77d – paragraph 3 – subparagraph 1
Article 77d – paragraph 3 – subparagraph 1
3. The amount of the volatility adjustment to risk-free interest rates for a currecny shall be calculated as follows: 𝑉𝐴𝑐𝑢 = 85% ∙ 𝐶𝑆𝑆𝑅𝐶𝑈 ∙ 𝑰𝑳𝑹𝒄𝒖 ∙ ∙ 𝑅𝐶𝑆𝐶𝑈 Where: cu (a) VA is the volatility adjustment for a cu currency cu; cu (b) CSSR is the credit spread sensitivity cu ratio of an insurance or reinsurance undertaking for the currency cu; cu (c) RCS is the risk-corrected spread for cu the currency cu; (d) IL𝑅𝑐𝑢 is the illiquidity ratio of an insurance or reinsurance undertaking for the currency cu; IL𝑅𝑐𝑢 shall measure the degree of illiquidity of the liabilities in a currency.
Amendment 591 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38 – point c
Article 1 – paragraph 1 – point 38 – point c
Directive 2009/138/EC
Article 77d – paragraph 4 – subparagraph 1
Article 77d – paragraph 4 – subparagraph 1
4. For the euro, the volatility adjustment shall be increased by a macro volatility adjustment. The macro volatility adjustment shall be calculated as follows: 𝑉𝐴∙𝐸𝑢𝑟𝑜, 𝜔𝑐𝑜 𝑚𝑎𝑐𝑟𝑜 = 85% ∙ 𝐶𝑆𝑆𝑅𝐸𝑢𝑟𝑜 ∙ 𝑰𝑳𝑹𝑬𝒖𝒓𝒐 ∙ 𝑚𝑎𝑥(𝑅𝐶𝑆𝑐𝑜 ― 1.3 ∙ 𝑅𝐶𝑆𝐸𝑢𝑟𝑜;0) Where: (a) VAEuro,macro is the macro volatility adjustment for a country co; (b) CSSREuro is the credit spread sensitivity ratio of an insurance or reinsurance undertaking for the euro; (c) RCSco is the risk-corrected spread for the country co; (d) RCSEuro is the risk-corrected spread for the euro; (e) wco is the country adjustment factor for country co; (f) ILREuro is the illiquidity ratio of an insurance or reinsurance undertaking for the euro; ILREuro is calculated for the euro in accordance with paragraph 3.
Amendment 600 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39 a (new)
Article 1 – paragraph 1 – point 39 a (new)
Directive 2009/138/EC
Article 78 – point 3 a (new)
Article 78 – point 3 a (new)
Amendment 617 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 43 a (new)
Article 1 – paragraph 1 – point 43 a (new)
Directive 2009/138/EC
Article 101 – paragraph 4 – subparagraph 2 a (new)
Article 101 – paragraph 4 – subparagraph 2 a (new)
Amendment 622 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 43 b (new)
Article 1 – paragraph 1 – point 43 b (new)
Directive 2009/138/EC
Article 105 – paragraph 5 – subparagraph 2 a (new)
Article 105 – paragraph 5 – subparagraph 2 a (new)
(43b) in paragraph 5 of Article 105 the following subparagraph is added: ‘Equity and spread risk sub-modules referred to in points (a) and (d) of subparagraph 2 shall consider climate- related financial risks associated with fossil fuel sector exposures.’
Amendment 638 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 46 – point a
Article 1 – paragraph 1 – point 46 – point a
Directive 2009/138/EC
Article 111 – paragraph 1 – point m a (new)
Article 111 – paragraph 1 – point m a (new)
(ma) the method and parameters to be used when assessing the capital requirement for climate-related financial risk in the case of exposures to fossil fuel assets referred to in Articles 101(4) and 105(5).
Amendment 660 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 49 – point - a (new)
Article 1 – paragraph 1 – point 49 – point - a (new)
Directive 2009/138/EC
Article 132 – paragraphs 2 a (new) and 2 b (new)
Article 132 – paragraphs 2 a (new) and 2 b (new)
(-a) the following paragraphs are inserted: ‘2a. Insurance and reinsurance undertakings shall take into account the potential long-term impact of their investment strategy and decisions on sustainability factors. Where relevant, that strategy and those decisions shall reflect the sustainability preferences of its customers taken into account in the produce approval process as referred to in Article 4 of Commission Delegated Regulation (EU) 2017/2358. 2b. Insurance and reinsurance undertakings shall have and shall publicly disclose a written policy in relation to their approach to stewardship including a summary of how the undertaking has taken steps to achieve the goals of the policy in the preceding year. The stewardship policy must be subject to prior approval by the administrative, management or supervisory body and shall be reviewed at least annually. Insurance and reinsurance undertakings shall integrate their transition plan within their investment strategy and decisions.’
Amendment 661 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 49 – point b
Article 1 – paragraph 1 – point 49 – point b
Directive 2009/138/EC
Article 132 – paragraph 5
Article 132 – paragraph 5
5. Member States shall ensure that insurance and reinsurance undertakings take account of possible macroeconomic and financial markets’ developments, including developments related to climate change and pandemics, and, at the request of the supervisory authority, macroprudential concerns when they decide on their investment strategy.
Amendment 664 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 49 – point b
Article 1 – paragraph 1 – point 49 – point b
Directive 2009/138/EC
Article 132 – paragraph 6
Article 132 – paragraph 6
6. Insurance and reinsurance undertakings shall assess the extent to which their investment strategy may affect macroeconomic and financial markets’ developments, including developments related to climate change, and have the potential to turn into sources of systemic risk, and incorporate such considerations. Undertakings should also consider the cumulative impact of their own investment strategy and those of other undertakings. These assessments and considerations should be incorporated as part of their investment decisions of the undertaking.
Amendment 777 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 89 – point c
Article 1 – paragraph 1 – point 89 – point c
Directive 2009/138/EC
Article 301a – paragraph 5
Article 301a – paragraph 5
5. A delegated act adopted pursuant to Article 17, 29, 31, 35, 35b, 37, 44, 44a, 50, 56, 75, 86, 92, 97, 99, 109a, 111, 114, 127, 130, 135, 143, 172, 210, 211, 216, 217, 227, 234, 241, 244, 245, 247, 248, 256, 256b, 258, 260 or 308b shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.;
Amendment 785 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 91
Article 1 – paragraph 1 – point 91
Directive 2009/138/EU
Article 304a – paragraph 1 – subparagraph 1
Article 304a – paragraph 1 – subparagraph 1
1. EIOPA, after consulting the ESRB, shall assess, on the basis of available data and the findings of the Platform on Sustainable Finance referred to in Article 20 of Regulation (EU) 2020/852 of the European Parliament and of the Council* and the EBA in the context of its work under the mandate set out in Article 501c, point (c), of Regulation (EU) 575/2013 whether a dedicated prudential treatment of exposures related to assets or activliabilities associated substantially with environmental or social objectives would be justified. In particular, EIOPA shall assess the potential effects of a dedicated prudential treatment of exposures related to assets and activliabilities which are associated substantially with environmental and/or social objectives or which are associated substantially with harm to such objectives on the protection of policy holders and financial stability in the Union.
Amendment 787 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 91
Article 1 – paragraph 1 – point 91
Directive 2009/138/EC
Paragraph 304a – paragraph 1 – subparagraphs 2 a (new) and 2 b (new)
Paragraph 304a – paragraph 1 – subparagraphs 2 a (new) and 2 b (new)
EIOPA shall review existing evidence and update the report every two years. EIOPA should also assess the impact that the proposed changes to the prudential framework would have on: (a) the underwriting and investment activities of undertaking that may affect the macroeconomic and financial markets' developments (in particular climate change) and have the potential to turn into sources of systemic risk; (b) advancing the objective to achieve climate neutrality in the EU by 2050 at the latest, as set out in Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 ("European Climate Law"). By 31 December 2023, the Commission shall present a report to the European Parliament and the Council specifying how it will take into account EIOPA's report and findings. The Commission's report shall be accompanied, if appropriate, by a legislative proposal.
Amendment 788 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 91
Article 1 – paragraph 1 – point 91
Directive 2009/138/EC
Article 304a – paragraph 1 a (new)
Article 304a – paragraph 1 a (new)
1a. By 28 June 2023, EIOPA, after consultation with stakeholders, shall publish guidelines for supervisory authorities on how insurance and reinsurance undertakings shall integrate sustainability risks and adverse impacts on sustainability factors into their risk management systems in accordance with Article 44, including in relation to the types of sustainability risks and sustainability factors that shall be considered by insurance and reinsurance undertakings and processes for identifying and managing adverse impacts on sustainability factors.
Amendment 791 #
2021/0295(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 91
Article 1 – paragraph 1 – point 91
Directive 2009/138/EC
Article 304a – paragraph 2 a (new)
Article 304a – paragraph 2 a (new)
2a. EIOPA shall evaluate whether and to what extent insurance and reinsurance undertakings assess their material exposure to risks related to biodiversity loss as part of the assessment referred to in Article 45(1). EIOPA shall subsequently assess which actions could be taken in order to ensure that insurance and reinsurance undertakings do so, where necessary, taking into account existing measurement tools. EIOPA shall submit a report on its findings to the Commission by [one year after the entry into force of this amending Directive].
Amendment 15 #
2021/0218(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Renewable energy plays a fundamental role in delivering the European Green Deal and for achieving climate neutrality by 2050, given that the energy sector contributes over 75% of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy also contributes to tackling environmental-related challenges such as biodiversity loss. The low operating costs of renewable energy and the reduced exposure to price shocks compared to fossil fuels gives renewable energy a key role in tackling energy poverty.
Amendment 36 #
2021/0218(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Buildings have a large untapped potential to contribute effectively to the reduction in greenhouse gas emissions in the Union, while simultaneously contributing towards the elimination of energy poverty. The decarbonisation of heating and cooling in this sector through an increased share in production and use of renewable energy will be needed to meet the ambition set in the Climate Target Plan to achieve the Union objective of climate neutrality. However, progress on the use of renewables for heating and cooling has been stagnant in the last decade, largely relying on increased use of biomass. Without the establishment of targets to increase the production and use of renewable energy in buildings, there will be no ability to track progress and identify bottlenecks in the uptake of renewables. Furthermore, the creation of targets will provide a long-term signal to investors, including for the period immediately after 2030. This will complement obligations related to energy efficiency and the energy performance of buildings. Therefore, indicative targets for the use of renewable energy in buildings should be set to guide and incentivise Member States’ efforts to exploit the potential of using and producing renewable energy in buildings, encourage the development of and integration of technologies which produce renewable energy while providing certainty for investors and local level engagement.
Amendment 142 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2018/2001
Article 15 a
Article 15 a
2. Member States shall introduce measures in their building regulations and codes and, where applicable, in their support schemes, to increase the share of electricity and heating and cooling from renewable sources in the building stock, including national measures relating to substantial increases in renewables self- consumption, renewable energy communities and local energy storage, in combination with energy efficiency improvements relating to cogeneration and passive, nearly zero-energy and zero- energy buildings. Member states shall take steps to ensure that this increased share of electricity, heating and cooling from renewable sources is distributed across publicly-owned housing stock and rental accommodation.
Amendment 144 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive (EU) 2018/2001
Article 15 a– point 4
Article 15 a– point 4
4. In order to achieve the indicative share of renewable energy set out in paragraph 1, Member States shall promote the use of renewable heating and cooling systems and equipment. To that end, Member States shall use all appropriate measures, tools and incentives, including, among others, energy labels developed under Regulation (EU) 2017/1369 of the European Parliament and of the Council26 , energy performance certificates pursuant to Directive 2010/31/EU, or other appropriate certificates or standards developed at national or Union level, and shall ensure the provision of adequate information and advice on renewable, highly energy efficient alternatives as well as on financial instruments and incentives available to promote an increased replacement rate of old heating systems and an increased switch to solutions based on renewable energy. Member States shall provide targeted additional support measures and information for those at risk of energy poverty to enable their participation in the energy transition.; __________________ 26 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).
Amendment 173 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive (EU) 2018/2001
Article 23 – paragraph 1 a
Article 23 – paragraph 1 a
1a. Member States shall carry out an assessment of their potential of energy from renewable sources and of the use of waste heat and cold in the heating and cooling sector including, where appropriate, an analysis of areas suitable for their deployment at low ecological risk and, of the potential for small-scale household projects and of the potential for projects directed at low-income households and persons at risk of energy poverty. The assessment shall set out milestones and measures to in increase renewables in heating and cooling and, where appropriate, the use of waste heat and cold through district heating and cooling with a view of establishing a long- term national strategy to decarbonise heating and cooling. The assessment shall be part of the integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999, and shall accompany the comprehensive heating and cooling assessment required by Article 14(1) of Directive 2012/27/EU.;
Amendment 176 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Directive (EU) 2018/2001
Article 23 – paragraph 4 – point d
Article 23 – paragraph 4 – point d
(d) capacity building for national and local authorities to plan and implement renewable projects and infrastructures, particularly projects that have the potential to tackle energy poverty and increase the participation of low-income households in the energy transition;
Amendment 182 #
2021/0218(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Directive (EU) 2018/2001
Article 23 – paragraph 4 – subparagraph 2
Article 23 – paragraph 4 – subparagraph 2
When adopting and implementing those measures, Member States shall ensure their accessibility to all consumers, in particular those in low-income or vulnerable households, who would not otherwise possess sufficient up-front capital to benefitwith specific, targeted provisions, supports and programmes to make these measures accessible to those in low-income or vulnerable households, who would not otherwise benefit from such measures, due to a lack of sufficient up-front capital and to non-financial barriers.;
Amendment 76 #
2021/0206(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The shortcomings in the implementation of the European Emissions Trading System have been widely recognized, especially the enormous amounts of free allowances allocated in order to prevent carbon leakage. This has been proven to harm the purpose of reducing greenhouse emissions in the sectors where this has been more prominent, while simultaneously allowing for windfall profits to happen, which makes it a socially unfair system. Moreover, it is important to strengthen the Market Stability Reserve (MSR) in order to guarantee price stability and to increase the Linear Reduction Factor (LRF) to speed up the reduction of greenhouse gas emissions.
Amendment 77 #
2021/0206(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7 b) Due to the shortcomings of the ETS,and overall the social tensions that come with carbon pricing mechanisms, it is important to provide a broader set of solutions in order to reduce greenhousegas emissions in a timely manner. This includes guaranteeing that funds are allocated to public investment to important sectors such as energy production and railways.
Amendment 78 #
2021/0206(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Those amendments have differing economic and social impacts on the different sectors of the economy, on the citizens, and the Member States. In particular, the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC of the European Parliament and the Council31 shouldis intended to provide an additional economic incentive to invest into the reduction of fossil fuel consumption and thereby accelerate the reduction of greenhouse gas emissions. Combined with other measures, this shouldmay, in the medium to long term, reduce the costs for buildings and road transport, and provide new opportunities for job creation and investment. However, the relative inelasticity of the road transport and buildings market to higher carbon prices raises concerns that their inclusion in the scope of Directive 2003/87/EC may be limited in terms of greenhouse gas reductions, particularly among lower- income households. _________________ 31 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union (OJ L 275, 25.10.2003, p. 32).
Amendment 79 #
2021/0206(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Those amendments have differing economic and social impacts on the different sectors of the economy, on the citizens, and the Member States. In particular, the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC of the European Parliament and the Council31 should provide an additional economic incentive to invest into the reduction of fossil fuel consumption and thereby accelerate the reduction of greenhouse gas emissions. Combined with other measures, this should,However, this inclusion will increase energy prices and will lead to a disproportional impact on the available income of households, especially low- income earners. To tackle this issue properly public investment and target policies are needed in the medium to long term, to both reduce the costs for buildings and road transport, and provide new opportunities for job creation and investment. _________________ 31 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union (OJ L 275, 25.10.2003, p. 32).
Amendment 85 #
2021/0206(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) However, resources are needed to finance those investments. In addition, before they have taken place, the cost supported by households and transport users for heating, cooling and cooking, as well as for road transport, is likely towill increase as fuel suppliers subject to the obligations under the emission trading for buildings and road transport pass on costs on carbon to the consumers.
Amendment 86 #
2021/0206(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The increase in the price for fossil fuels maywill disproportionally affect vulnerable households, vulnerable micro- enterprises and vulnerable transport users who spend a larger part of their incomes on energy and transport, who, in certain regions, do not have access to alternative, affordable mobility and transport solutions and who may lack the financial capacity to invest into the reduction of fossil fuel consumption. Varying income levels and costs of living across the EU mean that the impact of a union-wide carbon price on buildings and road transport will have widely varying impacts on households in different regions and Member States.
Amendment 104 #
2021/0206(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This is even more relevant in view of the existing levels of energy poverty. Energy poverty is a situation in which households are unable to access essential energy services such as cooling, as temperatures rise, and heating. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6.98.2% of the Union population have said that they cannot afford to heat their home sufficiently in a 201920 EU-wide survey 32a . Overall, the Energy Poverty Observatory estimates that more than 50 million households in the European Union experience energy poverty. Energy poverty is therefore a major challenge for the Union. While social tariffs or direct income support can provide immediate relief to households facing energy poverty, only targeted structural measures, in particular energy renovations, can provide lasting solutions. _________________ 32a Data from 201820. Eurostat, SILC [ilc_mdes01]).
Amendment 139 #
2021/0206(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Pending the impact of those investments on reducing costs and emissions, well targeted direct income support for the most vulnerable would help the just transition. Such support should be understood to be a temporcomplementary measure accompanying the decarbonisation of the housing and transport sectors. It wshould not be permanent as, however, be recognized that it does not address the root causes of energy and transport poverty. Such support should only concern direct impacts of the inclusion of building and road transport into the scope of Directive 2003/87/EC, not electricity or heating costs related to the inclusion of power and heat production in the scope of that Directive. Eligibility for such direct income support should be limited in timemobility poverty.
Amendment 151 #
2021/0206(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Member States should submit their Plans together with the update of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999 of the European Parliament and of the Council35 . Member States should have the option to submit their Plans and, where relevant, the update of their integrated national energy and climate plans, ahead of the dates foreseen in Article 14 of Regulation (EU) 2018/1999, so that the Plans can be put into action as soon as possible. The Plans should include the measures to be financed, their estimated costs and the national contribution. They should also include key milestones and targets to assess the effective implementation of the measures. _________________ 35 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
Amendment 176 #
2021/0206(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure transparent rules for monitoring and evaluation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of setting the common indicators for reporting on the progress and for the purpose of monitoring and evaluation of the implementation of the Plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. Specific efforts should be made to consult with groups and individuals most impacted by energy poverty. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 189 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
The general objective of the Fund is to contribute to thea socially fair transition towards climate neutrality by addressing the social impacts of that transition, including the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC, and to ensure the ability of vulnerable households to participate in and adapt to the transition at a similar pace as high income households are able to do without financial support. The specific objective of the Fund is to support vulnerable households, and vulnerable micro-enterprises and vulnerablewith low capacity to invest in, or limited access to, alternative heating, cooling and transport usersmodes, through temporary direct income support and through measurestargeted measures, including policy reforms, and investments intended to phase out fossil fuels, increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and public transport.
Amendment 199 #
2021/0206(COD)
In line with these objectives, the investments and policy reforms contained in the Social Climate Fund should not provide any support which could prolong the use of fossil fuels.
Amendment 201 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘building renovation’ means all kinds of energy-related building renovation, including the insulation of the building envelope, that is to say walls, roof, floor, the replacement of windows, the replacement of heating, cooling and cooking appliances by appliances that do not require fossil fuels, and the installation of on-site production of energy from renewable sources;
Amendment 203 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘energy poverty’ means energy poverty as defined in point [(49)] of Article 2 of Directive (EU) [yyyy/nnn] of the of the European Parliamhouseholds’ lack of access to essential energy services and lack of affordability of those services that underpin a decent standard of the Council50 ; _________________ 50 [Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Counliving and health, including adequate warmth and hot water, cooling, lighting, and energy to power appliances, in the relevant national contact, existing social (OJ C […], […], p. […]).] [Proposal for recast of Directive 2012/27/EU onpolicy and other relevant policies. Energy poverty can be caused by one or the combination of the following factors: low income, high energy expenditures and poor energy efficiency] of homes;
Amendment 205 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘energy poverty’ means energy poverty as defined in point [(49)] of Article 2 of Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Council50 ; _________________ 50 [Directive (EU) [yyyy/nnn] of the of the European Parliament and of the Council (OJ C […], […], p. […]).] [Proposal for recast of Directive 2012/27/EU on energy efficiency]a household's lack of access to essential and affordable energy services that underpin a decent standard of living and health, including adequate warmth, cooling, lighting and energy to power appliances, in the relevant national context, existing social policy and other relevant policies;
Amendment 207 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘mobility poverty’ means households that have a high share of mobility expenditure to disposable income or a limited availability of affordable public or alternative modes of transport required to meet essential socio-economic needs in a given context, with a particular focus on households in rural, insular, mountainous, remote and less accessible areas or less developed regions or territories, including less developed (peri- )urban areas, and can be caused by one or a combination of the following factors: low income, high fuel expenditures and/or high costs of public transport, lack of availability of adequate, affordable public or alternative modes of transport and their accessibility and location, travelled distances, transport practices and the poor performance of vehicles.
Amendment 232 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article. Member States should have the option to submit their Plans and, where relevant, the update of their integrated national energy and climate plans, ahead of the dates foreseen in Article 14 of Regulation (EU) 2018/1999, so that the Plans can be put into action as soon as possible. The Plan shall contain a coherent set of measures and investments to address the impact of carbon pricing on vulnerable households, vulnerable micro-enterprises and vulnerable transport users in order to ensure affordable heating, cooling and mobility while accompanying andempowering local communities to take ownership in accelerating necessary measures to meet the climate targets of the Union.
Amendment 247 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The Plan shall include national, regional and local projects to:
Amendment 249 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) finance measures and investments to increase energy efficiency of buildings, to implement energy efficiency improvement measures, to carry out building renovation, and to decarbonise heating and cooling of buildings, including the integration of energy production from renewable energy sources, particularly by tenants, cooperatives and renewable energy communities;
Amendment 252 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) finance measures and investments to increase the uptake of zero- and low- , accessibility, affordability and infrastructure development of zero-emission mobility and public transport.
Amendment 254 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b a (new)
Article 3 – paragraph 3 – point b a (new)
(b a) national policy reforms addressing non-monetary barriers to improvements in transport and buildings efficiency and renewable energy use to facilitate and to accelerate the socially fair decarbonisation of transport and buildings.
Amendment 257 #
2021/0206(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 258 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point -a (new)
Article 4 – paragraph 1 – point -a (new)
(-a) detailed quantitative information on energy and mobility poverty: the number of vulnerable households and vulnerable micro-enterprises, identified at the start of the Plan, on the basis of the definitions in Article 2;
Amendment 259 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point -a a (new)
Article 4 – paragraph 1 – point -a a (new)
(-a a) national targets and objectives to reduce the number of vulnerable households and vulnerable micro- enterprises, over the duration of the Plan, including through measures and investments that are financed by other sources of funding beyond the Fund’s financial envelope;
Amendment 260 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point -a b (new)
Article 4 – paragraph 1 – point -a b (new)
Amendment 262 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) concrete measures and investments, including policy reforms, in accordance with Article 3 to reduceaddress the effects referred to in point (c) of this paragraph together with an explanation of how they would contribute effectively to the achievement of the objectives set out in Article 1 within the overall setting of a Member State’s relevant policies; and to point -a and -aa of paragraph 1 of this Article;
Amendment 267 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) concrete accompanying measures , including policy reforms, needed to accomplish the measures and investments of the Plan and reduce the effects referred to in point (c) as well as information on existing or planned financing of measures and investments from other Union, international, public or private sources;
Amendment 284 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) an explanation of how the Plan promotes high quality employment and decent working conditions, does not finance projects linked to fossil fuels, and ensures that no investment or measure, included in the Plan does significant harm to environmental objectives within the meaning of Article 17 of Regulation (EU) 2020/852; the Commission shall provide technical guidance to the Member States targeted to the scope of the Fund to that effect; no explanation is required for the measures referred to in Article 3(2);
Amendment 286 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h a (new)
Article 4 – paragraph 1 – point h a (new)
(h a) the measures to be taken to prevent bureaucratic burden on household beneficiaries receiving support from the Fund;
Amendment 296 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point k a (new)
Article 4 – paragraph 1 – point k a (new)
Amendment 304 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) reductions in the number of vulnerable households, especiallywith the aim to eradicate within the current decade households in energy and mobility poverty, and of vulnerable micro-enterprises and of vulnerable transport users, including in rural and remote areas.;
Amendment 310 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point e b (new)
Article 5 – paragraph 2 – point e b (new)
(e b) creation of sustainable quality jobs.
Amendment 317 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
Amendment 324 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States may include the costs of measures providing temporary direct income support to vulnerable households and vulnerable households that are transport users to absorb the increase in road transport and heating fuel prices. Such support shall decrease over time with the completion of long-term solutions, such as deep building renovations, and be limited to the direct impact of the emission trading forhigh energy prices in the buildings and road transport sectors. Eligibility for such direct income support shall cease within the time limits identified under Article 4(1) point (d).
Amendment 330 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) support building renovations, especially for those occupying worst- performing buildings, including in the form of specific support for the renovation of social housing and financial support or fiscal incentives such as deductibility of renovation costs from the rent, independently of the ownership of the buildings concerned, provided that acap- on-rent regulation is implemented;
Amendment 332 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) contribute to the decarbonisation, including the electrification, of heating and cooling of, and cooking in, buildings and the integration of energy from renewable sources that contribute to the achievements of energy savings, including support for energy poor and vulnerable households to generate their own on-site renewable energy and to participate in renewable energy cooperatives and energy community projects;
Amendment 333 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) contribute to the decarbonisation, including the electrification, of heating and cooling of, and cooking in, buildings and the integration of energy from renewable sources that contribute to the achievements of energy savings, such as vouchers, subsidies or zero- and low-interest loans to invest in products and services to increase the energy performance of buildings or to integrate renewable energy sources in buildings;
Amendment 335 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(b a) provide targeted, accessible and affordable information, education, awareness and advice on cost-effective measures and investments and available support for building renovations and energy efficiency, including through energy audits of buildings and one-stop- shops;
Amendment 337 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) support public and private entities in developing and providing affordable energy efficiency renovation solutions, prioritizing sufficient performance of the envelope and appropriate funding instruments in line with the social goals of the Fund; including support for the creation and/or management of one-stop- shops or similar bodies, to become dedicated contact points for information and support, specific to regional renovation needs, such as multi-unit buildings, rural homes and social housing;
Amendment 340 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) provide access to zero- and low- emission vehicles and bikes, including financial support or fiscal incentives for their purchase as well as for appropriate public and private infrastructure, including for recharging and refuelling, public transport and active modes of transport; for support concerning low-emission vehicles, a timetable for gradually reducing the support shall be provided;
Amendment 341 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
(e) grant free access to public transport or adapted tariffs for access to public transport, as well as fostering sustainable mobility on demandincluding in rural, insular, mountainous, remote and less accessible areas or for less developed regions or territories, including less developed (peri- )urban areas, for example by incentivising the use of affordable and accessible public transport and shared mobility services;
Amendment 346 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f a (new)
Article 6 – paragraph 2 – point f a (new)
(f a) create discretionary or reserve funds that can be used in the event of rapid increases in energy prices to provide emergency short-term support to energy poor, vulnerable and low-income households, on top of those supports originally provided for in Member States' Social Climate Plans, to shield these households from the impact of these price increases while longer-term amendments to the Social Climate Plans of the Member States concerned are implemented in accordance with Article 17 of this Regulation;
Amendment 390 #
2021/0206(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Each Member State may submit a request up to its maximum financial allocation to implement its Plan. When providing the technical support and exchange of good practices referred to in Article 4 (3) of this Regulation, the Commission will support Member States to make full use of this maximum financial allocation, according to specific circumstances and the energy poverty challenges faced by each Member State.
Amendment 411 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point ii a (new)
Article 15 – paragraph 2 – point a – point ii a (new)
(ii a) whether the Plan complies with the conditionalities and exclusions set out in article 5 paragraph 4 and 5 of this Regulation, including the exclusion of fossil fuel investments;
Amendment 414 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point iii a (new)
Article 15 – paragraph 2 – point a – point iii a (new)
Amendment 419 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point i
Article 15 – paragraph 2 – point b – point i
(i) whether the Plan is expected to have a lasting impact on the challenges addressed by that Plan, including on the achievement of the EU's 2030 climate and energy targets, and in particular on vulnerable households, vulnerable micro- enterprises and vulnerable transport users, especially households in energy poverty, in the Member State concerned;
Amendment 423 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point ii
Article 15 – paragraph 2 – point b – point ii
(ii) whether the arrangements proposed by the Member State concerned are expected to ensure the effective monitoring and implementation of the Plan, including the involvement of all relevant stakeholders, envisaged timetable, milestones and targets, and the related indicators;
Amendment 425 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b – point iii a (new)
Article 15 – paragraph 2 – point b – point iii a (new)
(iii a) where a Member State does not avail of the maximum financial allocation available in accordance with Article 13 of this Regulation, whether the measures contained in that Member State's Social Climate Plan are adequate to meet the energy poverty challenges facing energy poor, vulnerable and low-income houses in that Member State, also taking into account the impact of other programmes in that Member State not encompassed by this Regulation.
Amendment 427 #
2021/0206(COD)
(iii a) whether the measures and investments included in the plan deliver adequately on the potential synergies between climate,environment and social targets to meet the EU's 2030 targets and commitments to achieve the sustainable development goals.
Amendment 432 #
2021/0206(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Where the Commission gives a negative assessment to a Plan, the decision referred to in paragraph 1 shall include the reasons for that negative assessment. The Member State concerned shall resubmit the Plan, after taking into account the assessment of the Commission. Following a resubmission of a Plan by a Member State, the Commission shall decide on the re-submitted Plan, by means of an implementing act, within three months from the date of resubmission.
Amendment 433 #
2021/0206(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Where the Commission gives a negative assessment to a Plan, the decision referred to in paragraph 1 shall include the reasons for that negative assessment. The Member State concerned shall resubmit the Plan, after taking into account the assessment of the Commission and making public the changes made to the Plan.
Amendment 435 #
2021/0206(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Where the Commission gives a positive assessment to the amended Plan, it shall in accordance with Article 16(1) adopt, within three months of the official submission of the amended Plan by the Member State, a publicly available decision setting out the reasons for its positive assessment, by means of an implementing act.
Amendment 447 #
2021/0206(COD)
Proposal for a regulation
Article 19 – paragraph 7 a (new)
Article 19 – paragraph 7 a (new)
7 a. When making any decision related to the suspension of payments, reduction in the amount or de-commitment of the amount of the financial allocation to a Member State, the Commission will examine the impact of such actions on those living in energy poverty in that Member State and take steps to prevent any potential negative impacts identified.
Amendment 35 #
2021/0200(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Green Deal31 combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the Union by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growthimprovement in people’s wellbeing is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects women and men differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities, persons at risk of energy poverty and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind. __________________ 31 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.
Amendment 43 #
2021/0200(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) While emissions trading will also apply to greenhouse gas emissions from road and maritime transport as well as buildings, the scope of Regulation (EU) 2018/842 will be maintained. Emissions trading should not become a substitute for robust national emission reduction measures, as it is insufficient to address non-market barriers to deploying clean energy solutions at scale, and insufficient to mitigate the negative impacts of carbon pricing on vulnerable groups and those facing energy poverty. Regulation (EU) 2018/842 will therefore continue applying to the greenhouse gas emissions from domestic navigation, but not to those from international navigation. Greenhouse gas emissions of a Member State within the scope of Regulation (EU) 2018/842 to be taken into account for compliance checks will continue to be determined upon completion of inventory reviews in accordance with Regulation (EU) 2018/1999 of the European Parliament and the Council34 . __________________ 34 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
Amendment 107 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
(1d) Member States shall use revenues generated by transfers of annual emission allocations pursuant to Article 5, paragraphs 4 and 5 of Directive (EU) 2018/842 to tackle climate change in the Union or in third countries, and/ or to alleviate energy poverty in a manner that enables lower-income households, women, older persons, persons with a disability and persons of a minority background to fully participate in the energy transition. Member States shall inform the Commission and national parliaments of any actions taken pursuant to this paragraph.
Amendment 125 #
2021/0200(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Regulation (EU) 2018/1999
Article 14 – paragraph 3
Article 14 – paragraph 3
Article 1a Regulation (EU) 2018/1999 is amended as follows: In Article 14, the following paragraph 5a is inserted: “As foreseen in Article 14, paragraph 3 of Regulation (EU) 2018/1999, each Member State shall, when updating its integrated national energy and climate plan at the intervals set out in Article 14, paragraphs 1 and 2 of the same regulation, modify its national objective, target or contribution to the quantified Union objectives. When performing this update, each Member State should align its integrated national energy and climate plan with the 2030 emission limit set for that Member State in column 2 of Annex I to this Regulation. Each Member State shall update their long-term strategies, submitted in line with Regulation (EU) 2018/1999, to make these long-term strategies consistent with the Union’s climate neutrality objective as set out in Article 2, paragraph 1 of Regulation (EU) 2021/1119. Member States should prepare and submit these updates to the Commission by 31 December 2022, in order to ensure that the updates to the integrated national energy and climate plans detailed in paragraph 1 of this article can be consistent with the updated long-term strategies, in accordance with Article15, paragraph 6 of Regulation (EU) 2018/1999.”
Amendment 92 #
2021/0171(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Credit offers or credit sales that have not been solicited by the consumers may in some cases be associated with practices that are harmful to the consumer. In this regard, Member States shall prohibit (i) unsolicited sales of credit, including non- requested pre-approved credit cards sent to the consumers, or the unilateral increase of a consumers’ overdraft or credit card limit, should be prohibitedand (ii) unsolicited credit offers, including visits by the creditor or credit intermediary to the consumer’s place of residence or place of employment, on the occasion of which a credit offer is made to the consumer, without the prior express consent of the consumer; and the creditor or credit intermediary sending to a consumer, by any means of communication, a credit offer, a credit contract, or a payment instrument, without the prior request or express consent of the consumer or a pre-existing legal or contractual obligation.
Amendment 100 #
2021/0171(COD)
Proposal for a directive
Recital 46
Recital 46
(46) It is essential that the consumer’s ability and propensity to repay the credit is assessed and verified before a credit agreement or an agreement for the provision of crowdfunding credit services is concluded. That assessment of creditworthiness should be done in the interest of the consumer, to prevent irresponsible lending practices and over- indebtedness, and should take into consideration all necessary and relevant factors that could influence a consumer’s ability to repay the credit as well as a consumer’s ability to afford the credit. Member States should be able to issue additional guidance on additional criteria and methods to assess a consumer’s creditworthiness, for example by setting limits on loan-to-value or loan- to-income ratios.
Amendment 101 #
2021/0171(COD)
Proposal for a directive
Recital 47
Recital 47
(47) The assessment of creditworthiness should be based on information on the financial and economic situation, including income and expenses, of the consumer. The European Banking Authority Guidelines on loan origination and monitoring (EBA/GL/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes, which include evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitments. Personal data, such as personal data found on social media platforms or health data, including cancer data, should not be used when conducting a creditworthiness assessment. Consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. In principle, cCredit should only made available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, should such assessment be negative, the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer, or in case of loans to fund exceptional healthcare expenses, students loans or loans for consumers with disabilities. In such case, when deciding on whether or not to make the credit available to the consumer, the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit, and the likelihood that the obligations resulting from the agreement will be met.
Amendment 108 #
2021/0171(COD)
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47a) Member States shall ensure that the creditworthiness assessment and corresponding re-payment plans are tailored to the borrower’s specific profile and repayment capacity, including in the case of the most vulnerable consumers. In particular, where a creditor or a provider of crowdfunding credit services fulfils a social purpose as required by national law, the specificities of the loan such as its nature, maturity and interest rate, as well as the re-payment plan should fit the borrower’s specific profile. Creditors should be held liable and be subject to appropriate penalties in case of a breach of the requirements surrounding the creditworthiness assessment. Consumers should have access to proportionate and effective remedies including compensation for damage suffered by the consumer. Those remedies should be without prejudice to the application of other remedies available to consumers under Union or national law.
Amendment 173 #
2021/0171(COD)
Proposal for a directive
Article 7 – paragraph 2 (new)
Article 7 – paragraph 2 (new)
Advertising of credit agreements shall not be personalised. Only standardised offers may be advertised, without using any data relating to a user to tailor it to a specific time, circumstance or situation.
Amendment 187 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 2 – point a a (new)
Article 8 – paragraph 2 – point a a (new)
(aa) In case of a consumer credit with a promotional zero percent interest rate for the first 30 days of the loan duration, any penalty charges due during that period if payments are not made on time and any changes to the interest rate after the 30- day promotional period ends;
Amendment 188 #
2021/0171(COD)
Proposal for a directive
Article 8 – paragraph 2 – point f a (new)
Article 8 – paragraph 2 – point f a (new)
(fa) a prominent, clearly visible warning to make consumers aware that borrowing costs money, using the words “warning: borrowing money costs money”. Powers are delegated to the European Commission to adopt and, where necessary, amend regulatory technical standards to stipulate the exact wording, presentation and format of the warning under Article 8 (fa). Those regulatory technical standards shall be adopted in accordance with Articles 10to 14 of Regulation (EU) No 1093/2010. The European Banking Authority (EBA) shall develop draft regulatory technical standards to stipulate the exact wording, presentation and format of the warning under Article 8 (fa) for submission to the Commission by XX. EBA shall review, and if necessary, develop further draft regulatory technical standards for submission to the Commission for the first time by XX and every two years thereafter.
Amendment 225 #
2021/0171(COD)
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
Amendment 240 #
2021/0171(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 248 #
2021/0171(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 253 #
2021/0171(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 256 #
2021/0171(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. By way of derogation from paragraph 1 Member States may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services, taking into account proportionality considerations. In such cases, Member States shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed, without modifying the condition of the credit offering to the consumer. In addition, creditors or providers of crowdfunding credit services should not be permitted to offer a relevant insurance policy related to the credit agreement of crowdfunding credit services before a 7-day cooling off period in order to ensure that the consumer is able to compare offers.
Amendment 259 #
2021/0171(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
4. Member States may shall prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms when the advisory services are being marketed and provided to consumers by creditors or, where applicable, credit intermediaries or providers of crowdfunding credit services. Where Member States do not prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms, they shall impose the following conditions on the use of the term ‘independent advice’ or ‘independent advisor’ by creditors, credit intermediaries or providers of crowdfunding credit services providing advisory services:(a) creditors and, where applicable, credit intermediaries or providers of crowdfunding credit services shall consider a sufficiently large number of credit agreements or crowdfunding credit services available on the market; (b) credit intermediaries shall not be remunerated for the advisory services by one or more creditors. Point (b) of the second subparagraph shall apply only where the number of creditors considered is less than a majority of the market. Member States may impose more stringent requirements for the provision of advisory services use of the terms ‘independent advice’ or ‘independent advisor’ by creditors and, where applicable, credit intermediaries or providers of crowdfunding credit services
Amendment 287 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall require that, before concluding a credit agreement, or an agreement for the provision of crowdfunding credit services, the creditor or, where applicable, the provider of crowdfunding credit services makes a thorough has made a positive assessment of the consumer’s creditworthiness. That assessment shall be done in the interest of the consumer, to prevent irresponsible lending practices and over-indebtedness, and shall take appropriate account of factors relevant to (i) verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services and(ii) the risk to the consumer of not being able to meet his/her obligations.
Amendment 290 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 a (new)
Article 18 – paragraph 1 – subparagraph 1 a (new)
The creditor shall make reasonable allowances for committed and other non- discretionary expenditures such as the consumers’ actual obligations, including appropriate substantiation and consideration of the living expenses of the consumer and his/her household. The assessment shall ensure that the agreed credit does not put the consumer in financial difficulty and allows the consumer to maintain a minimum standard of living. The creditor shall make prudent allowances for potential negative scenarios in the future, including for example, a reduced income; or where applicable, an increase in the borrowing rate or negative change in the exchange rate, or deferred payments of principal or interest. Member States shall ensure that credit intermediaries accurately transmit to the creditor information obtained from the consumer so that the creditworthiness assessment can be carried out.
Amendment 293 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
2. The assessment of creditworthiness referred to in Article 8 shall be carried out exclusively on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial committhe following information: – Evidence of identification - – Evidence of residence - – Where applicable, information on the purpose of the loan – Where applicable, evidence of eligibility for the purposes of the loan – Evidence of employment, including the type, sector, status (e.g. full- time, part-time, contractor, self-employed) and duration – Evidence of income or other sources of repayment (including annual bonus, commission, overtime, where applicable) covering a reasonable period, including payslips, current bank account statements, and audited or professionally verified accounts (for self-employed persons) – Information on financial assets and liabilities, e.g. savings account statements and loan statements indicating outstanding loan balances – Information on other financial commitments, such as child maintenance, education fees and alimonies, if relevant – Information on household composition and dependants – Evidence of tax status – Where applicable, evidence of life insurance for the named borrowers – Where applicable, data from credit registers or credit information bureaux or other relevant databases, covering the information on financial liabilities and arrears in payment – Information on the collateral, if any – Evidence of ownership of the collateral – Evidence of the value of the collateral – Evidence of insurance of the collateral – Information on guarantees, other credit risk mitigating factors and guarantors, if any – Rental agreement or evidence of potential rental income for buy-to-let loans, if any – Permissions and cost estimates, if applicable, for real estate building and improvement loans – the household general budget data of the borrower The information taken into account shall be necessary, sufficient and proportionate to assess the re-payment capacity of the consumer, in line with the data minimisation principle of Regulation (EU) 2016/679 (GDPR). In addition, the information taken into account shall be relevant, up-to-date, complete and accurate. Data other than the categories of data listed above, and in line with Article 9(1) of the GDPR, data on racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, data concerning health or data concerning a natural person's sex life or sexual orientation shall not be processed nor used to perform creditworthiness assessments. The information shall be obtained from relevant internal or external sources, including the consumer and, where necessary, but not exclusively, on the basis of a consultation of a database referred to in Article 19. subject to the consumer’s prior information by the creditor and consent in line with the GDPR, and the consumer’s payment account, subject to the consumer’s consent as defined in Directive (EU) 2015/2366 on payment services in the internal market (PSD 2). The information obtained cannot only be based on consumer declarations and should be accompanied by supporting evidence. Appropriate checks are required where necessary through reference to independently verifiable documentation.
Amendment 313 #
2021/0171(COD)
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 2
Article 18 – paragraph 4 – subparagraph 2
Amendment 340 #
2021/0171(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point v a (new)
Article 21 – paragraph 1 – subparagraph 1 – point v a (new)
(va) w) the relevant contact details of debt-advisory services and a recommendation for the consumer to contact such services in case of re- payment difficulties.
Amendment 346 #
2021/0171(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
1. Member States shall require that the creditor or the provider of crowdfunding credit services inform the consumer of any change in the borrowing rate, on paper or another durable medium chosen by the consumer at least seven days, before the change enters into force.
Amendment 347 #
2021/0171(COD)
Proposal for a directive
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. Where a credit has been granted in the form of an overdraft facility, Member States shall require that the creditor, throughout the duration of the credit agreement, keeps the consumer regularly informed, i.e. at least once a month, by means of statements of account, on paper or on another durable medium, containing the following elements:
Amendment 350 #
2021/0171(COD)
Proposal for a directive
Article 24 – paragraph 2 – subparagraph 1
Article 24 – paragraph 2 – subparagraph 1
2. Where a credit has been granted in the form of an overdraft facility, Member States shall require that the creditor informs the consumer, on paper or another durable medium at least seven days before, of increases in the borrowing rate or in any charges payable, before the change in question enters into force.
Amendment 353 #
2021/0171(COD)
Proposal for a directive
Article 25 – paragraph 2 – subparagraph 1 – introductory part
Article 25 – paragraph 2 – subparagraph 1 – introductory part
2. In the event of a significantn overrunning exceeding a period of one monthtwo weeks, Member States shall require that the creditor informs the consumer without delay, on paper or on another durable medium, of all of the following:
Amendment 356 #
2021/0171(COD)
Proposal for a directive
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3a. Any fees charged for overrunning shall not exceed 0.5% of the amount overrun by. Creditors should ensure that the consumer is informed of these fees in line with all relevant provisions of this Directive.
Amendment 376 #
2021/0171(COD)
Proposal for a directive
Article 29 – paragraph 4 – point b
Article 29 – paragraph 4 – point b
(b) the creditor may exceptionally claim higher compensation if the creditor can prove that the loss suffered due to early repayment exceeds the amount determined in accordance with paragraph 2. However, this compensation should not exceed the amount of interest that the consumer would have paid during the period between the early repayment and the agreed date of termination of the credit agreement.
Amendment 377 #
2021/0171(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 a (new)
Article 30 – paragraph 2 – subparagraph 1 a (new)
The annual percentage rate of charge must also take into account the costs and charges for any additional insurance or other financial products that are either sold with, recommended for sale with or proposed for sale with the credit product.
Amendment 382 #
2021/0171(COD)
Proposal for a directive
Article 31 – title
Article 31 – title
Caps on interest rates, annual percentage rate of charge and the total cost of the credit to the consumer
Amendment 391 #
2021/0171(COD)
Proposal for a directive
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
Amendment 407 #
2021/0171(COD)
Proposal for a directive
Article 32 – paragraph 1 – subparagraph 1 – point e a (new)
Article 32 – paragraph 1 – subparagraph 1 – point e a (new)
(ea) promoting the sale of goods or services, covered by a linked credit agreement
Amendment 410 #
2021/0171(COD)
Proposal for a directive
Article 32 – paragraph 2 - subparagraph 1 a (new)
Article 32 – paragraph 2 - subparagraph 1 a (new)
Member States shall prohibit remuneration policies contingent upon the interest rate or cost of the credit, or the type of credit product subscribed.
Amendment 414 #
2021/0171(COD)
Proposal for a directive
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Member States shall ensure that where creditors, credit intermediaries or providers of crowdfunding credit services provide advisory services the remuneration structure of the staff involved does not prejudice their ability to act in the consumer’s best interest and is not contingent on sales targets. In order to achieve that goal, Member States mayshall also ban commissions paid by the creditor to the credit intermediary.
Amendment 424 #
2021/0171(COD)
Proposal for a directive
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Member States shall require creditors to have adequate policies and procedures so that they make efforts to exercise, where appropriate,exercise reasonable forbearance before enforcement proceedings are initiated. Such forbearance measures shall take into account, among other elements, the consumer’s circumstances and may consist in, among other possibilities:
Amendment 430 #
2021/0171(COD)
Proposal for a directive
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
Amendment 431 #
2021/0171(COD)
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 443 #
2021/0171(COD)
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
Member States shall ensure that debt advisory services are made available to consumers free of charge and independent.
Amendment 444 #
2021/0171(COD)
Proposal for a directive
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
Member States shall ensure that creditors systematically refer consumers experiencing or likely to experience financial difficulties, to the nearest debt- advice service available in their area. The European Commission should within two years of implementation of this Directive, produce a report providing an overview of the availability of debt-advice services across Member States, including their structure and financing models, and identify best practices for the further developments of such services.
Amendment 462 #
2021/0171(COD)
Proposal for a directive
Article 41 – paragraph 8 a (new)
Article 41 – paragraph 8 a (new)
8a. Member States may apply national legislation to grant product intervention powers to national competent authorities to withdraw products with a high default rate.
Amendment 229 #
2021/0114(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point a
Article 18 – paragraph 3 – point a
(a) the acquired undertaking or at least one of the merging undertakings is established in the Union and generates an aggregate turnover in the Union of at least EUR 5100 million; and
Amendment 235 #
2021/0114(COD)
Proposal for a regulation
Article 18 – paragraph 3 – point b
Article 18 – paragraph 3 – point b
(b) the undertakings concerned received from third countries an aggregate financial contribution in the three calendar years prior to notification of more than EUR 250 million.
Amendment 262 #
2021/0114(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contribution in an EU public procurement procedure shall be deemed to arise where the estimated value of that public procurement is equal or greater than EUR 25100 million.
Amendment 9 #
2020/2260(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas of 2018,
Amendment 12 #
2020/2260(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to its resolution of 18 December 2019 on the EU Pollinators Initiative (2019/2803(RSP)),
Amendment 19 #
2020/2260(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the International Treaty on Plant Genetic Resources for Food and Agriculture of 2009,
Amendment 28 #
2020/2260(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the European Pillar of Social Rights,
Amendment 29 #
2020/2260(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the Charter of Fundamental Rights of the European Union,
Amendment 33 #
2020/2260(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
- having regard to its resolution on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis adopted on 19 June,
Amendment 36 #
2020/2260(INI)
Motion for a resolution
Citation 5 d (new)
Citation 5 d (new)
- having regard to the European Commission Guidelines on Seasonal workers issued on 16 July,
Amendment 39 #
2020/2260(INI)
Motion for a resolution
Citation 5 e (new)
Citation 5 e (new)
- having regard to the Council conclusions on seasonal and mobile workers adopted on 12 October 2020,
Amendment 43 #
2020/2260(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the "European Environment – State and outlook 2020" report by the European Environment Agency,
Amendment 76 #
2020/2260(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to Council Directive of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (91/676/EEC) OJ L 375, 31.12.1991, p.1,
Amendment 84 #
2020/2260(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
- having regard to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy,
Amendment 85 #
2020/2260(INI)
Motion for a resolution
Citation 11 c (new)
Citation 11 c (new)
- having regard to Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration,
Amendment 107 #
2020/2260(INI)
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
- having regard to its resolution of 4 April 2017 on women and their roles in rural areas,
Amendment 108 #
2020/2260(INI)
Motion for a resolution
Citation 21 b (new)
Citation 21 b (new)
- having regard to its resolution of 16 January 2018 on Women, gender equality and climate justice,
Amendment 184 #
2020/2260(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas food should not be considered a commodity but a common good; whereas the Farm to Fork Strategy should be based on food as a human right and should recognise food sovereignty as a guiding principle;
Amendment 186 #
2020/2260(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas any policy on transforming our food chain must have farmers at its core, not only as affected stakeholders but as those best placed to drive this transformation;
Amendment 200 #
2020/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe’s food system should deliver food and nutrition security in a way that contributes to social well- being and maintains and restores ecosystem health; whereas currently, the food system is the single largest driver of global deforestation and biodiversity loss in Europe as well as responsible for a range of adverse impacts on human and animal health and on the environment, and the climate and biodiversity; whereas the way in which we produce and consume food needs to transform radically and rapidly in order to ensure coherence with the SDGs, the Paris Agreement, the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture and EU policies, particularly in the areas of sustainability, the environment, climate, public health, animal welfare, working conditions, food and economic sustainability for farmers;
Amendment 248 #
2020/2260(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas working condition of a vast proportion of workers employed in the European agriculture sector are extremely challenging and precarious, characterised by poor wages, long working hours, a high proportion of undeclared work, an extremely high incidence of accidents and illness (according to Eurostat, agriculture is among the most dangerous occupations in Europe) and deplorable housing conditions with workers falling often prey to widespread exploitation, including gang master practices and other forms of modern slavery;
Amendment 266 #
2020/2260(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas antimicrobial resistance is a major threat to human health, reducing and minimizing the use of antibiotics in animal husbandry will help slow down its emergence and spread, particularly in settings of intensive animal production, noting that in many countries much of the antibiotics used in animals are for growth promotion and prevention of disease, not to treat sick animals;
Amendment 282 #
2020/2260(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the European model of a multifunctional agricultural sector, driven by family farms, continues toan, if properly supported and valued, ensure quality food production, local supply chains, good agriculture practices, high environmental standards, high animal welfare standards, and vibrant rural areas throughout the EU; regrets however that this type of agriculture with its positive attributes is being neglected and marginalised by a policy of globalization of the food supply chain that is detrimental to rural areas at all levels, resulting in the undermining of all three pillars of true sustainable development, economic, social and environmental;
Amendment 341 #
2020/2260(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in just over a decade several million farms have ceased to exist, representing over a third of all farms in Europe, and the vast majority of lost farms are small family businesses;
Amendment 346 #
2020/2260(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas this family farm model is under serious threat from the ever expanding factory style model of production;
Amendment 347 #
2020/2260(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the Farm to fork strategy should include in its remit a commitment to address the phenomenon of land concentration or “land grabbing”; recalls that land is an increasingly scarce resource, which is non-renewable, and is the basis of the human right to healthy and sufficient food, and of many ecosystem services vital to survival, and should therefore not be treated as an ordinary item of merchandise; notes that land is, threatened, on the one hand by the loss of agricultural land through soil sealing, urban development, tourism, infrastructure projects, and the spread of desertification caused by climate change, and, on the other hand, by the concentration of land in the hands of large-scale agricultural undertakings and investors from outside the farming sector; stresses that it is the responsibility of the authorities to control and limit the loss of agriculture land through such activities, small and medium-sized farms, direct ownership or properly regulated tenancy, and access to common land, are the best way of ensuring a responsible relationship with the land and sustainable land management, and of fostering identification and a sense of belonging; believes that such forms of tenure encourage people to remain in rural areas and enable them to work there, which has a positive impact on the socio-economic infrastructure of rural areas, food security, food sovereignty and the preservation of the rural way of life;
Amendment 362 #
2020/2260(INI)
Motion for a resolution
Recital D
Recital D
D. whereas food value chain actors have a large share of the responsibility for current unsustainable and unhealthy diets and must contribute to the transition to sustainable food systems and it is important that consumers are informed on the true cost of production and enabled to take responsibility for the consequences of their choice of food stuffs on the whole food system, from production to processing and distribution; whereas this requires a healthy and sound food environment which ensures that the healthy and sustainable choice is also the easy and affordable choice, and fosters and encourages consumption patterns that support human health while ensuring the sustainable use of natural and human resources and animal welfare, taking the employment conditions in the food chain into consideration;
Amendment 413 #
2020/2260(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the European food system has played a crucial role during the COVID-19 pandemic, demonstrating its resilience with farmers, workers employed along the food value chain, processors and retailers working together under difficult conditions, and sanitary risks including lockdowns, to ensure that European consumers continue to have access to safe, affordable, and high quality products without impediment;
Amendment 414 #
2020/2260(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the European food system has played a crucial role during the COVID-19 pandemic, demonstrating its resilience with farmers, processors and retailers working togetheragricultural labour workers, processing factory workers and retailers workers shouldering the burden under difficult conditions, including lockdowns, to ensure that European consumers continue to have access to safe, affordable, and high quality products without impediment;
Amendment 507 #
2020/2260(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the farm to fork strategy as an important step in ensuring a sustainable, fair and resilient food system, which is central to achieving the goals set out in the European Green Deal and in the SDGs; emphasises the inextricable links between healthy people, healthy societies and a healthy planet, which are all possible through cooperation with farmers to build a sustainable future; encourages the Commission to translate the strategy into concrete legislative and non-legislative action as soon as possible;
Amendment 509 #
2020/2260(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the farm to fork strategy as an important step in ensuring a sustainable, fair and resilient food system, which is central to achieving the goals set out in the European Green Deal, the European Pillar of Social Rights and in the SDGs; emphasises the inextricable links between healthy people, healthy societies and a healthy planet, as well as decent working conditions; encourages the Commission to translate the strategy into concrete legislative and non-legislative action as soon as possible;
Amendment 560 #
2020/2260(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the announcement of an impact-assesevidence-based proposal for a legislative framework for sustainable food systems; underlines that this proposal will be paramount in enabling policy integration and alignment at the EU-level to facilitate the transition to sustainable food systems; invites the Commission to use this proposal to set out a holistic common food policy aimed at reducing the environmental and climate footprint and negative public health impacts of the EU food system in order to make Europe the first climate- neutral continent by 2050, improving working and employment conditions across the food value chain and strengthening its environmental resilience to ensure medium and long term food security in the face of climate change and biodiversity loss, leading a global transition towards sustainability from farm to fork, based on the principle of a multifunctional agricultural sector while ensuring consistency between policies by taking into account the existing legislation in order to enable all actors in the European food system to develop long- term plans based on realistic and transparent objectives; underlines that maintaining and enhancing biodiversity is crucial for safeguarding EU and global food security, and that the coherence with the EU Biodiversity Strategy, including the contribution of Natura 2000 and Marine Protected Areas to support healthy food production, must be guaranteed; stresses the need for urgent and bold policy and legislative change in the face of overwhelming scientific evidence for the unsustainability of the current food system and the higher costs of a failure to act; suggests that the respective base lines and progress achieved in each Member State be taken into account, while promoting the exchange of know-how and best practices between Member States; stresses the need to include the entire food and beverage chains including primary producer, processing, marketing, distribution, hospitality and retail;
Amendment 586 #
2020/2260(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the announcement of an impact-assessed proposal for a legislative framework for sustainable food systems; invites the Commission to use this proposal to set out a holistic common food policy, centred around strong partnership with farmers, aimed at reducing the environmental and climate footprint of the EU food system in order to make Europe the first climate- neutral continent by 2050 and strengthen its resilience to ensure food security in the face of climate change and biodiversity loss, leading a global transition towards sustainability from farm to fork, based on the principle of a multifunctional agricultural sector while ensuring consistency between policies by taking into account the existing legislation in order to enable all actors in the European food system to develop long- term plans based on realistic and transparent objectives; suggests that the respective base lines and progress achieved in each Member State be taken into account, while promoting the exchange of know-how and best practices between Member States; stresses the need to include the entire food and beverage chains including processing, marketing, distribution and retail, as a way of ensuring that it is not only farmers who carry the burden for delivering this much needed transition;
Amendment 642 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that according to FAO agroecology is a key part of the global response to climate change and of the creation of sustainable food and agricultural systems; points out that the new legislative framework for sustainable food systems should be based on the principles and elements defined by FAO as agroecology in order to trigger an agroecological transition;
Amendment 685 #
2020/2260(INI)
Motion for a resolution
Subheading 2
Subheading 2
Building the food chain that works for consumers, producers, food chain workers, climate and the environment
Amendment 734 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the decision to revise the directive on the sustainable use of pesticides and the reduction targets for pesticides, fertilisers, and antibiotics; emphasises the importance of pursuing these targets through holistic and circular approaches, such as agroecological practices; emphasises the need for more research and transfer of knowledge on agroecological practices and territorial markets for agroecological products in parallel with public policies supporting the agroecological transition; insists that each Member State should establish robust and time-bound quantitative reduction targets in their CAP Strategic Plans and other relevant policy instruments, accompanied by well- defined support measures ensuring accountability at all levels to help reach these targets; reiterates its call for the translation into legislation of the above targets and objectives and calls on the Commission to clarify how it will deal with individual Member States’ contributions to Union-wide targets and to clarify the baselines for these targets;
Amendment 763 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the decision to revise the directive on the sustainable use of pesticides and the reduction targets for pesticides, fertilisers, and antibiotics; emphasises the importance of pursuing these targets through holistic and circular approaches, such aswith assisting farmers with compliance at its centre, such as through training on agroecological practices; insists that each Member State should establish robust quantitative reduction targets, accompanied by well- defined support measures ensuring accountability at all levels to help reach these targets; reiterates its call for the translation into legislation of the above targets and objectives and calls on the Commission to clarify how it will deal with individual Member States’ contributions to Union- wide targets and to clarify the baselines for these targets;
Amendment 781 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises the need to place greater attention to the protection of workers’ health and safety in future EU legislative initiatives linked to the use of pesticides; reminds that pesticides can cause various health problems for workers exposed to them including skin irritations, allergies, poisoning, immune system disturbances, chromosomal damage, respiratory distress, male genital abnormalities, reproductive disorders and cancers; recalls the importance of ensuring all workers receive protective equipment as well as comprehensive information and training about the use and the associated dangers related to the use of pesticides; stresses the need to ensure that each agricultural worker is able to get official documentation reporting the type of pesticide used during their work activity; underlines that in order to achieve these targets it is crucial to further revise Directive2004/37/EC - carcinogens or mutagens at work- as well as the Plant Protection Product Regulation 1107/2009 and Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work
Amendment 831 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses the need to improve policy coordination between agricultural, pesticide-, biocide- and fertiliser-related legislation and, inter alia, water legislation in order to ensure the protection of our water resources from overexploitation and agricultural pollution; points out the need to promote adapted agricultural production such as low water requiring crops in areas affected by drought;
Amendment 945 #
2020/2260(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the importance of recognising the significant impact of agriculture and especially animal production on greenhouse gas (GHG) emissions and land use; stresses the need to enhance natural carbon sinks, where appropriate compensating land owners for maintenance, and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and livestock sectors; calls for regulatory measures and targets to ensure progressive reductions in all GHG emissions in these sectors;
Amendment 1004 #
2020/2260(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points ouRegrets that thate extensive and permanent grassland-based or organic animal husbandry is athat features as part of the European food system and a defining element of many traditional rural communities, and that it has multiple positive effects for the environment and mitigating against climate change, and contributes to a circular economy has not been adequately valued and supported; stresses that, in contrast, intensive livestock farming and crop monocultures causes major negative impacts on public health, animal welfare, biodiversity and the environment; emphasises that it is the globalization of our food supply chain that is driving this intensification, a policy that has delivered no benefits to the primary producer, but rather has locked them in as captive customers of financial institutions in a race to the bottom while consuming finite natural resources at an unsustainable rate that has undermined our food security; calls on the Commission to initiate a policy reorientation away from the obsession with competitiveness and endlessly increasing exports to one of true national and local food sovereignty that can guarantee food security into the future;
Amendment 1122 #
2020/2260(INI)
Motion for a resolution
Paragraph 6 – subparagraph 1 (new)
Paragraph 6 – subparagraph 1 (new)
Urges the Commission to greater involve young farmers in the development of new legislation, given that they will likely be the early adopters of new and greener farming methods;
Amendment 1149 #
2020/2260(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of seed security and diversity, notably of promoting EU-grown plant proteins to deliver locally sourced food and feed stuffs with high nutritional value while granting farmers access to quality seeds for plant varieties adapted to the pressures of climate change, including traditional and locally-adapted varieties, while ensuring access to innovative plant breeding in order to contribute to healthy seeds and protect pla; emphasises that new genomic techniques raise significant concerns as they are portrayed erroneously as a pathway to sustainable agriculture; underlines furthermore that crops obtained using new genomic techniques must continue to be regulated as GMOs, by maintaining a pre-market safety assessments against harmful pests and diseasesnd approval, traceability and labelling to allow for consumer choice; raises awareness of the potential negative effects of concentration and monopolisation in the seed sector; emphasises that the multiplication of new technologies makes it even more important to get risk assessment right: based on the most recent and relevant independent published science, produced and reviewed by scientists independent from industry, with EU risk assessment agencies being given the resources that they need to fulfil their mission in good conditions.
Amendment 1180 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the acknowledgment of the crucial role played by seed diversity in ensuring the sustainability and resilience of food production; expects a meaningful reform of the seeds marketing legal framework that would enable the wide range of crop diversity initiatives that exist in the EU as well as support the innovative emerging ones, and inter alia ensure that different types of diversity have facilitated access to the market; deplores the lack of a European policy on both animal and plant genetic resources, vital to ensure seed security; calls on the Commission to take initiatives to ensure that conventional breeding of plants and animals, including random processes, followed by further crossing and selection, is fully excluded from patentability; calls on the Commission to take initiatives to ensure that patents on biotechnological inventions which concern plants or animals are restricted to the specific technical processes;
Amendment 1212 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Planon the European Commission to only approve CAP National Strategic Plans if they demonstrate their contribution to European Green Deal objectives given Member States respective baselines and that all CAP National Strategic Plans together meet the Union-wide targets; calls on Member States to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production,; stresses that both ERDF and EAFRD should be aligned to promote the goal of quality food production; notably through fostering short supply chains and quality food productionpremium brands;
Amendment 1246 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, while ensuring farm incomes deliver a fair standard of living for our farming community, notably through fostering short supply chains and quality food production;
Amendment 1288 #
2020/2260(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the European food system delivers a sufficient and varied supply of safe, nutritious, affordable and sustainable food to people at all times and underlines that increasing the economic, environmental and social sustainability of food producers will ultimately increase their resilience; encourages the Commission to consider the food supply chain and its workers as a strategic asset for the safety and well-being of all Europeans; highlights however that the Covid-19 pandemic shed new light on the challenging working and living conditions of millions of farm workers in Europe; calls for the recognition of the importance of protecting workers’ individual and collective labour and social rights, thereby reinforcing the ‘social dimension’ of EU agriculture; calls on the Commission to strengthen measures focusing on the rights, working and employment conditions and social protection of farm labourers including migrants and other mobile workers, and to ensure coherence between policy areas on this issue;
Amendment 1319 #
2020/2260(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that the social dimension must be fully integrated in all future initiatives of the farm to fork strategy along with the economic and environmental dimensions, to achieve a much-needed policy coherence for sustainable development; insists that improvement of working conditions, collective bargaining, social protection, investment in public services, inclusive governance and fair taxation should be included as sustainability criteria; this would contribute to making our production and consumption systems fairer and more sustainable in the long run and also contribute to the implementation of the UN Agenda 2030;
Amendment 1361 #
2020/2260(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses its deep concern about the emergence of zoonotic diseases that are transferred from animals to humans (anthropozoonoses), such as Q fever, avian influenza and the new strain of influenza A (H1N1), which is exacerbated by anthropogenic climate change, the destruction of biodiversity, environmental degradation and our current food production systems; draws attention to the fact that workers in the food chain are at risk of contracting Antimicrobial Resistance (AMR) diseases; stresses the need to take appropriate measures to contain this serious occupational health hazard and minimise its potential impact on worker health; calls on the Commission and national regulatory agencies to recognise antimicrobial resistant pathogens as a work-related disease;
Amendment 1419 #
2020/2260(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for primary producers to be supported in making the transition to greater sustainability through the encouragement of cooperation and collective actions as well as through competition rules and the enhancement of; stresses that a more sustainable EU food system is a prerequisite for securing supply of safe and healthy food in the long term and that food security and food sustainability are not conflicting or competing objectives but rather interrelated and interdependent; points out the possibilities for enhanced cooperation within the common market organisations for agricultural, fishery and aquaculture products, and thus for farmers’ and fishers’e potential for the primary producer position in the supply chain to be strengthened in order to enable them to capture a fair share of the added value of sustainable production; highlights that food availability is generally not a major challenge in the EU while issues such as food waste, overconsumption and obesity, as well as the environmental footprint of European households’ food consumption are more significant challenges facing the EU food system today;
Amendment 1467 #
2020/2260(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 1502 #
2020/2260(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
Amendment 1545 #
2020/2260(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the review of the EU promotion programme for agricultural and food products, including the EU school scheme, to align it fully with the European Green Deal and the Sustainable Development Goals, with a view to enhancing its contribution to sustainable production and consumption, notably by focusing on educational messages about the importance of healthy and sustainable nutrition and promoting greater consumption of fruit and vegetables with the aim of reducing obesity rates;
Amendment 1578 #
2020/2260(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the commitment to strengthen the legislative framework on GIs; highlights that this should aim to introduce stricter environmental, animal welfare and social sustainability criteria of GIs; highlights that GIs are an important tool for rural development and for the protection of food agro- biodiversity;
Amendment 1627 #
2020/2260(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Emphasises the importance of advising and supporting women; through training and skills development, rural women can play a much greater role in the development of green food and agricultural value chains;
Amendment 1646 #
2020/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for measures to reduce the burden that highly processed foods with high salt, sugar and fat content place on public health; regrets that the introduction of nutrient profiles is greatly delayed and stresses that a robust set of nutrient profiles must be developed to restrict or prohibit the use of false nutritional claims on foods high in fats, sugars and/or salt; calls for a mandatory EU-wide front-of-pack nutrition labelling system based on independent science; emphasises that any front-of- pack nutritional label should be developed based on robust, independent scientific evidence and be free from commercial interests; stresses furthermore that to facilitate comparison across products, any front-of-pack nutritional label should be based on uniform reference amounts such as per 100g/100ml;
Amendment 1675 #
2020/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for measures to reduce the burden that highly processed foods with high salt, sugar and fat content place on public health; regrets that the introduction of nutrient profiles is greatly delayed and stresses that a robust set of nutrient profiles must be developed to restrict or prohibit the use of false nutritional claims on foods high in fats, sugars and/or salt, also noting the risk posed by less healthy 'dual quality' products; calls for a mandatory EU-wide front-of-pack nutrition labelling system based on independent science;
Amendment 1909 #
2020/2260(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights the recognition in the strategy that Europeans’ diets are not in line with recommendations for healthy eating, and that a population-wide shift in consumption patterns is needed towards more healthy andfoods, in particular plant- based foods, and less red andhighly processed meat, sugars, salt, and fats, which will also benefit the environment; emphasises that EU-wide guidelines for sustainable and healthy diets would bring clarity to consumers on what constitutes a healthy and sustainable diet and inform Member States’ own efforts to integrate sustainability elements in national dietary advice; calls on the Commission to develop such guidelines and specific actions to effectively promote healthy plant-based diets;
Amendment 1933 #
2020/2260(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the further development of plant protein production and alternative sources of protein in the EU, implemented in tandem with a move away from the continued intensification of livestock production with it recognised negative externalities, is a way of effectively addressing many of the environmental and climate challenges that EU agriculture is facing, as well as preventing deforestation in countries outside the EU;
Amendment 1938 #
2020/2260(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the further development of plant protein production and alternative sources of protein in the EU is a way of effectively addressing many of the environmental and climate challenges that EU agriculture is facing,in the EU as well as preventing deforestation in countries outside the EU, as long as it is done without causing mass environmental damage to EU landscapes through land clearing for crops;
Amendment 1970 #
2020/2260(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for a revision of public procurement legislation, including minimum mandatory criteria in schools and other public institutions to encourage organic and local food production and consumption to promote more healthy and sustainable diets by creating a food environment that enables consumers to make the healthy choice; further calls on the Commission to set mandatory targets for sustainable food procurement and to develop monitoring and reporting tools to collect data on these procurements;
Amendment 1996 #
2020/2260(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 2011 #
2020/2260(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reiterates its call to take the measures required to achieve a Union food waste reduction target of 30 % by 2025 and 50 % by 2030 compared to the 2014 baseline; calls on the Commission to take action, notably through monitoring and measuring, to curb food waste occurring at the primary production level and the early stages of the supply chain, including unharvested food and food ploughed back into the field; calls for the identification of the trading practices and policy changes needed to prevent such food waste; stresses that CAP Strategic Plans should include Food Loss and Waste prevention actions at farm level, including support for the development of Short Food Supply Chains, which lower the risks of generating food waste; emphasises that waste of animal products incurs heavy burdens in both animal suffering and environmental damage and wasteful use of resources; underlines that binding targets are needed to achieve this;
Amendment 2095 #
2020/2260(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the importance EU funding for research and innovation as a key driverone of the necessary elements in accelerating the transition to a more sustainable, healthy and inclusive European food system while facilitating investments needed to encourage agro- ecological practices in both social and technological innovation, and the crucial role of farm advisory services in ensuring the transfer of knowledge to the farming community, drawing on the existing specialised training systems for farmers in Member States; recalls that innovation must involve small-scale primary producers on an equal level with researchers, respecting their acquired knowledge and know-how; warns against excessive reliance on technological innovations which do not address the root causes of problems nor the systemic environmental issues faced by the agricultural sector; reminds that many alternatives to excessive use of agricultural inputs such as chemical pesticides already exist and that it is essential to focus on better uptake by farmers; recalls that the precautionary principle underpins the EU Directive on GMO (Dir. 2001/18/EC) and that the 2018 ruling the Court of Justice of the EU strengthens the precautionary protection of human and environment;
Amendment 2125 #
2020/2260(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the importance EU funding for research and innovation, that will create tools which will be made available to farmers at reasonable prices, as a key driver in accelerating the transition to a more sustainable, healthy and inclusive European food system while facilitating investments needed to encourage agro- ecological practices in both social and technological innovation, and the crucial role of farm advisory services in ensuring the transfer of knowledge to the farming community, drawing on the existing specialised training systems for farmers in Member States;
Amendment 2144 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Considers the allocated budget to achieve the ambitions of the EU Green Deal and the Just transition mechanism to be insufficient to deal in a socially sustainable manner with the consequences of the expected transformation; calls for the Just transition mechanism to cover as well agricultural regions that may be adversely affected and underlines the need to ensure the proper involvement of social partners in the definition and implementation of future initiatives of the strategy;
Amendment 2170 #
2020/2260(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Considers that investment in innovation and research should not only contribute to a more sustainable but also a fairer food system, increasing the resources available to small-scale primary producers, as well as to public science and knowledge production while ending the corporate capture of certain EU research funds;
Amendment 2190 #
2020/2260(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls the global responsibility of European food systems and their key role in setting global standards for food safety, environmental protection and animal welfare; calls on the Commission and the Member States to ensure that all food and feed products imported to the EU fully meet relevant EU regulations and standards and to provide development assistance to support primary producers from developing countries in meeting those standards; welcomes the Commission’s intention to take the environmental impacts of requested import tolerances into account; calls for all EU trade agreements to include enforceable clauses on commitment to the Paris Agreement, “non-regression” on environment and environmental democracy, and ‘do no harm’ principles, with a real enforcement mechanism accessible to civil society and citizens in the Trade and sustainable development chapter; recommends that agricultural and food imports, especially feed imports, having negative land use and land use change causing GHG emissions such as legal or illegal deforestation where they are produced are included in the Carbon Border Adjustment mechanism to account for their embedded GHG emissions;
Amendment 2202 #
2020/2260(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls the global responsibility of European food systems and their key role in setting global standards for food safety, labour rights, environmental protection and animal welfare, while not destabilising production in developing countries through exports; calls on the Commission and the Member States to ensure that all food and feed products imported to the EU not only fully meet relevant EU regulations and standards but also do not contribute to negative environmental impacts in other countries, such as the deforestation of the Amazon, and to provide development assistance to support primary producers from developing countries in meeting those standards; welcomes the Commission’s intention to take the environmental impacts of requested import tolerances into account;
Amendment 2244 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Underlines that Free Trade Agreements should never expose the EU agriculture, and food sectors to unfair competition with negative consequences on working conditions and employment; stresses the need to ensure coherence between the ambitious environmental goals of the EU Green Deal and the farm to fork strategy and the potential consequences of Free Trade Agreements; recalls that the respect of labour rights should constitute an essential element of all trade and investment agreements, including possible suspension of the agreement in case of sustained breaches; recalls that the ratification and implementation of the eight ILO Core Labour Standards, as well as compliance with up-to-date ILO conventions, should be a precondition for entering into trade negotiations;
Amendment 2273 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Recalls that Free trade agreements should promote a broad range of fundamental rights, the right to adequate, nutritious and safe food, the right to food security and food sovereignty, the right to a safe working and living environment, the right to livelihood protection, and multiple democratic rights including the rights of workers and their trade unions;
Amendment 3 #
2020/2221(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that the common agricultural policy (CAP) is the largest item in the EU budget, representing 31 % of the total budgetary expenditure for the 2021-2027 period; stresses the key role of a properly functioning CAP in protecting the financial interests of the EU and its citizens against any misuse of EU funds that can be detrimental to the public image of such a strategic policy, and deprives genuine farmers of a greater delivery of financial support;
Amendment 10 #
2020/2221(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the concentration of agricultural income support is mainly driven by area-based direct payments; underlines the need for more targeted support and a better balance between large and small beneficiaries at Member State level, in particular by increasing convergence to 100% and going above the 10% minimum for the redistributive payment;
Amendment 22 #
2020/2221(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the Member States are responsible for the EU agricultural funds under shared management with the Commission; considers the new delivery model and the new National Strategic Plans to be a great opportunity to reinforce Member States’ and the Commission’s controls pertaining to the distribution and management of funds, paying particular attention to Member States where Oligarch structures have been detected;
Amendment 38 #
2020/2221(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that at least 5.5 million euros in farm subsidies was obtained by Italian organised crime, for land they did not own, between 2010 and 2017;
Amendment 39 #
2020/2221(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Highlights that fraud is often facilitated by individuals within the public administration, making it more difficult to uncover;
Amendment 40 #
2020/2221(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Underlines that farmers must be protected from intimidation by criminal gangs, who seek to claim subsidies for their land;
Amendment 41 #
2020/2221(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Notes the work of operation Grande Carro, which discovered a fraud scheme targeting the EAFRD vehicle purchase facility, resulting in fraudulent payments over 9.5 million;
Amendment 42 #
2020/2221(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses that Oligarchs structures are as or more financially detrimental to the CAP than organised crime gangs, the identification of these structures is essential to protect genuine farmers;
Amendment 50 #
2020/2221(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights that Eurojust and OLAF must develop new strategies to target organised crime, receiving agricultural subsidies;
Amendment 56 #
2020/2221(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Insists on greater resources for investigation, as well as on stronger coordination between the Member States and EU bodies, to ensure that the fight against fraud in agricultural funds is effective; emphasises the need for a comprehensive fraud strategy with a robust fraud risk analysis, while ensuring new checks and documentation requirements do not place an increasing burden on genuine farmers.
Amendment 60 #
2020/2221(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Suggests that more field inspections, by inspectors not from the area, should be carried out in regions where a risk has been identified;
Amendment 11 #
2020/2216(INI)
Draft opinion
Recital B
Recital B
B. whereas the Farm to Fork strategy sets out to reduce the use of pesticides by 2030European Union has a responsibility to aid farmers reduce inputs, such as pesticides, AI could play a part in achieving this aim, which cwould be assisted through the use of artificial intelligence (AI) technologienot only improve soils, water quality but also reduce costs for farmers;
Amendment 22 #
2020/2216(INI)
Draft opinion
Recital C
Recital C
C. whereas the proposal for the next multiannual financial framework provides for EUR 10 billion of the Horizon Europe budget to be allocated to research and development (R&D) in agriculture, which should help to develop technological AI infrastructure for the sectorto assist farmers reduce negative environmental impacts from agriculture, and reduce input costs;
Amendment 43 #
2020/2216(INI)
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Believes that workers have valid fears the adoption of AI will lead to job losses, therefore adoption must follow the principles of the just transition, in particular the goal of creating new employment, rather than creating unemployment through technological advancement;
Amendment 85 #
2020/2216(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that the family-model of European agriculture shouldmust be preserved and that the introduction of AI technologies cshould be harnessed to support the family model and sustain traditional practices;
Amendment 102 #
2020/2216(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that AI technologies can and should be used to improve the traceability of products, such as an EU blockchain of food, including issues such as origin or production methods;
Amendment 114 #
2020/2216(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on all Member States to include in their common agricultural policy strategic plans and rural development plans measures to support the introduction and wider use of safe and reliable AI and innovative tools at affordable rates for beneficiaries, with training for farmers as an essential element of these measures;
Amendment 2 #
2020/2202(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the Resolution of the Parliamentary Assembly of the Council of Europe on “The impact of Brexit on human rights on the island of Ireland” (Resolution 2464 (2022)1a _________________ 1a 1a. Assembly debate on 13 October 2022 (33rd sitting) (see Doc. 15615, report of the Committee on Political Affairs and Democracy, rapporteur: Mr George Katrougalos). Text adopted by the Assembly on 13 October 2022 (33rd sitting).
Amendment 13 #
2020/2202(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. Whereas the Withdrawal Agreement (Article 2, Irish Protocol) provides that there shall be “no diminution of rights, safeguards or equality of opportunity” for people in Northern Ireland;
Amendment 73 #
2020/2202(INI)
15 a. Notes that Brexit has intensified public discussion about Irish unity, as provided for in the Good Friday Agreement, as a pathway for Northern Ireland to rejoin the EU;
Amendment 74 #
2020/2202(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15 b. Invites the European Commission to examine British legislation in order to ensure its compliance with Article 2 of the Protocol, including (but not limited to): a. The Bill of Rights Bill, which disapplies the European Convention on Human Rights; b. The Northern Ireland Troubles (Legacy and Reconciliation) Bill, which provides an amnesty for state forces and others for criminal acts committed during the conflict; c. The Nationality and Borders Act, which criminalises EU citizens who do not obtain an electronic travel authorisation before crossing the border in Ireland;
Amendment 27 #
2020/2126(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. EncouragesCalls on the Member States to use the different redistributive tools, going beyond the mandatory requirements, for a fairer distribution of funds and to apply the capping provisions on direct payments;
Amendment 40 #
2020/2126(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to request EU member states collect and publish the data in a transparent and user-friendly manner (including the machine readable format) on the EU agriculture funds payments in order to enable public control of final beneficiaries and the use of the EU funds;
Amendment 41 #
2020/2126(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes that government sale or lease auctions are used by oligarch structures to purchase land, exceeding state limits on maximum hectare purchases, enabled by lax checks on such transactions;
Amendment 51 #
2020/2126(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls Article 60 of EU Regulation 1306/2013, which introduces the Circumvention clause against artificially created conditions for obtaining advantages;
Amendment 52 #
2020/2126(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Commends the work of the European Court of Auditors and the European Anti-Fraud Office in tackling such structures;
Amendment 53 #
2020/2126(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Urges greater use of the EU Copernicus ob-servation programme to detect discrepancies between declared and actually cultivated parcels;
Amendment 54 #
2020/2126(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6 d. Recalls that in Bulgaria in 2019, checks of 22,007 hectares on the ground revealed errors of around 10per cent in the declared areas for subsidising under the coupled support measures;
Amendment 55 #
2020/2126(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6 e. Deplores acts of physical intimidation against farmers, such as those which took place in Slovakia, and which were investigated by the CONT committee in 2018;
Amendment 56 #
2020/2126(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6 f. Recalls that in Romania the authorities have intensified fraud investigations con-cerning EU money in the last four years, identifying a prejudice of more than 100 million EUR, of which almost 90% is related to EU funds;
Amendment 57 #
2020/2126(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6 g. Call on the Commission to increase the weight of the political aspect of its evaluation processes, as the issue of conflict of interest as well as of revolving doors in the sector is a serious problem;
Amendment 58 #
2020/2126(INI)
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6 h. Calls on the Commission to monitor the situation of Agriculture Paying Agencies in the member states and ensure both their formal and informal independence and bring their work in compliance with the EU rules, securing this inter alia through randomly generated visits a better EU control system in place;
Amendment 59 #
2020/2126(INI)
Draft opinion
Paragraph 6 i (new)
Paragraph 6 i (new)
6 i. Call for the European bodies responsible for investigating and tackling the misuse of EU funds, including the European Public Prosecutors Office and OLAF, to be equipped with sufficient re-sources to proceed effectively with their responsibilities in terms of the protection of the EU’s budget;
Amendment 60 #
2020/2126(INI)
Draft opinion
Paragraph 6 j (new)
Paragraph 6 j (new)
6 j. Call on the Commission to ensure that the Fifth Anti-money laundering directive is implemented fully and correctly in all member states, particularly with regard to the implementations of public registers of beneficial owners and registers of beneficial owners of trusts;
Amendment 61 #
2020/2126(INI)
Draft opinion
Paragraph 6 k (new)
Paragraph 6 k (new)
6 k. Recalls the case of Czech Prime Minister Andrej Babiš, that although he transferred Agrofert into two trust funds in February 2017, he is still the beneficial owner, as concluded by auditors, of Agrofert hold-ing, and thus in conflict of interest;
Amendment 62 #
2020/2126(INI)
Draft opinion
Paragraph 6 l (new)
Paragraph 6 l (new)
6 l. Recalls the situation of Bulgaria, where 230 biggest beneficiaries received direct subsidies of more than 120 million euro. In other words, 0.33 per cent of the beneficiaries took 15.3 per cent of all payments, while at the same time, 48 per cent of the smallest beneficiaries retained a meagre 3.4 per cent of the payments;
Amendment 80 #
2020/2117(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes the importance of working with third countries, that are commonly used as a transit route between Member States, to ensure EU freight passes without hindrance;
Amendment 84 #
2020/2117(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Emphasises the urgent need to ensure no new trade barriers are created or retained, as a result of the pandemic, with our closet third country trading partners
Amendment 88 #
2020/2117(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Recalls the need, at WTO level, to permanently reduce or preferably remove all tariffs on medical products essential for fighting pandemics such as COVID 19;
Amendment 89 #
2020/2117(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Stresses the need to make recovery EU budgetary support for large retailers conditional upon them honouring their contracts with suppliers in the global south, such as in the garment industry;
Amendment 90 #
2020/2117(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Welcomes the Commission's guidelines on screening foreign direct investment, to guard against a predatory takeover of a weakened EU enterprise, as a result of the pandemic;
Amendment 91 #
2020/2117(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. Stresses that the COVID-19 pandemic revealed the need for a radical transformation of the entire food system, in order to ensure broader security of food supply and local stable prices, in particular for the most vulnerable populations and based on food sovereignty principles, and to tackle unfair trading practices for the lower participants in the food chain;
Amendment 102 #
2020/2117(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that the disjointed process of testing between Member States, for transiting truck drivers, led to significant delays at borders;
Amendment 104 #
2020/2117(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Highlights the need for the EU and Chinese authorities to work together to reduce the level of COVID 19 attestations required for EU exports to China, such as dairy products;
Amendment 105 #
2020/2117(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
Amendment 106 #
2020/2117(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Stresses the importance of ensuring that COVID related entry bans imposed on third countries do not affect the flow of goods from one Member State to another, in a situation where a third country is utilised in the transit route
Amendment 107 #
2020/2117(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Stresses the need to learn from the pandemic, enter into a post growth debate and prioritise sustainable supply chains;
Amendment 108 #
2020/2117(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Notes the increase in zoonotic epidemics, therefore emphasizing the need to move away from the large scale industrial farming model towards sustainable family farms;
Amendment 109 #
2020/2117(INI)
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Highlights the impact COVID 19 has had on our primary producers trading ability and calls on the EU to financially support those most put at risk of bankruptcy by the disruption;
Amendment 110 #
2020/2117(INI)
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Notes that the pandemic has led to additional trading disruption for EU countries or territories not connected to mainland Europe, therefore solutions to avoid this in future must be investigated;
Amendment 111 #
2020/2117(INI)
5 i. Underlines that the COVID-19 pandemic has shown extreme vulnerability of the globalised economy and has an unprecedented impact on global and regional trade in foods and agricultural products;
Amendment 112 #
2020/2117(INI)
Draft opinion
Paragraph 5 j (new)
Paragraph 5 j (new)
5 j. Highlights the impact of the COVID-19 pandemic on the EU agricultural sectors that are dependent on supplies from the third countries, and therefore stresses the need to strengthen shorter supply chains, particularly for inputs, local food networks and direct sales, which can be especially beneficial for small and medium-sized producers;
Amendment 113 #
2020/2117(INI)
Draft opinion
Paragraph 5 k (new)
Paragraph 5 k (new)
Amendment 114 #
2020/2117(INI)
Draft opinion
Paragraph 5 l (new)
Paragraph 5 l (new)
5 l. Welcomes the relaxation of the requirements for paper certificates to accompany shipments of food products, during the COVID 19 pandemic, and calls for the permanent acceptance of digital certifications;
Amendment 11 #
2020/2074(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that cohesion policy must support strong climate mainstreaming in agriculture and food-related sectors, not only to protect our planet but also to ensure our farming community has a sustainable future working the land, as farmers are usually on the frontline, in terms of dealing with the negative financial impacts of climatic changes;
Amendment 36 #
2020/2074(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that, in order toto at least reach the target of a 32% reduction in GHG emissions in 2030, allocations from ESI funds supporting the transition towards climate neutrality in all eligible sectors would have to at least double, and 40% of ERDF resources would need to be allocated to the ‘green, low-carbon objective’1 ; __________________ 1 https://www.caneurope.org/docman/climat e-finance-development/3599-funding- climate-and-energy-transition-in-the-eu/file
Amendment 50 #
2020/2074(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the importance of linking regional environmental strategies to ambitious climate targets that go beyond the overall target of achieving a climate- neutral EU by 2050, takpaying into account the potential contribution of the farming, food and forestry sectorparticular attention to utilising farmers and foresters, as the custodians of our landscapes, to help us meet these targets;
Amendment 66 #
2020/2074(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that regional environmental strategies shouldmust support renewable energy production and resource efficiency in the farming, food and forestry sectors; Highlights that such a move would not only be beneficial for biodiversity and GHG emissions but also increase farm incomes, as input costs are continually rising; suggests that the relevant authorities prioritise the most sustainable options, such as wind or solar, and subject bioenergy projects to strict sustainability criteria;
Amendment 86 #
2020/2074(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. HighlightRecalls the importance of re- localising food and feed production, notably the production of plant proteinssuch as plant proteins, through a reform of EU trade policy, in climate change mitigation, as this shortens transport distances and limits deforestation; underline in places like the Amazon; highlights the opportunities offered by cohesion policy and regional environmental strategies in supporting this re-localisation; underlines the importance of initiatives like 'slow food' on achieving this transition;
Amendment 122 #
2020/2074(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that EU macro-regional strategies should helpmust build cooperation in order to solve regional issues linked to climate mitigation and adaptation in the farming, food and forestry sectors, in fields such as flood and fire protection, efficient collective waste management, including with the aim of energy production, making farms more resilient against common risks and the re-localisation of food production.
Amendment 32 #
2020/2037(INI)
Motion for a resolution
Recital D
Recital D
Amendment 41 #
2020/2037(INI)
Motion for a resolution
Recital F
Recital F
Amendment 67 #
2020/2037(INI)
Motion for a resolution
Recital J
Recital J
J. whereas while the wider use of an international currency bears privileges and gains, it also implies global responsibilities, dependencies, risks and costs;
Amendment 82 #
2020/2037(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the purpose of any policy of strengthening the euro should have as its core aim the improvement of the lives of people living in Europe and throughout the world.
Amendment 99 #
2020/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 113 #
2020/2037(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 122 #
2020/2037(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers Brexit both a challenge and opportunity for the euro and notes how its potential use could mitigate the impact of Brexit on the island of Ireland
Amendment 130 #
2020/2037(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises the need for sustainable and sound fiscal and structural growth- enhancing policies that are based on a commitment to credible fiscal rules; calls for further reflection on the adequacydeep reform or abolition of the stability and growth pact framework despitegiven the challenging circumstances especially the additional debt burdens taken on correctly by Member States during the Covid crisis; supports the plan outlined in Next Generation EU to use, in addition to monetary policy, a fiscal impulse, notably borrowing EUR 750 billion from capital markets bonds to finance the recovery and green transition, in addition to the issuance of EUR 100 billion in ‘social’ bonds under the European instrument for temporary support to mitigate unemployment risks in an emergency (SURE), which is intended to preserve employment; applauds the high level of interest that investors have demonstrated in European bonds;
Amendment 165 #
2020/2037(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes note of the role geopolitics plays in global currency competition but chooses not to support the weaponisation of the euro as a tool in this competition;
Amendment 167 #
2020/2037(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 179 #
2020/2037(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that a strengthened international role of the euro would enhance the EU’s capability to enforce open strategic autonomy; recommends, therefore, actions intended to both design and implement policy measures that foster the international role of the euro and support market-driven shifts in this direction if they are compatible with the EU’s Climate and social goals;
Amendment 186 #
2020/2037(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Advocates, in this context and where compatible with the EU’s Climate and social goals;, that policies critical for and conducive to strengthening the international role of the euro should target, inter alia, international trade, fiscal and monetary policy mix, financial services and capital market, payments systems, the climate, the digital transformation, energy, and foreign and security policies;.
Amendment 197 #
2020/2037(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the global prominence of a currency is directly linked to the role that the issuing country has in global trade; stresses that the EU, as one of the world’s largest trading blocs, wcould benefit from a strengthened international role of its currency; underlines that stimulating the choice of the euro in trade will reduce exchange risk and other currency-related costs, especially for European SMEs; observes, however, that despite their position as large buyers and producers, European companies opt to trade in key strategic markets in US dollars; calls, therefore, on the Commission to foster the use of the euro in pricing and invoicing in trade transactions, and to make use of the high potential offered by financial instruments denominated in euros; points, in this context, to the potential offered by supply chains;
Amendment 20 #
2020/2023(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes it to be in both Parties’ mutual interests to establish an ambitious future economic partnership covering a wide number of sectors; underlines that, in any case, a level playing field must be ensured and EU standards safeguarded in order to avoid a ‘race to the bottom’ and the acquisition of unfair competitive advantages through the undercutting of levels of protection or other regulatory divergences; considers that any future framework should safeguard fair competition, workers' rights, investor and consumer protection, and the integrity of the single market, while respecting the EU’s regulatory regime and decision- making autonomy; notes in this regard the potential distortion of the economy in border areas in Ireland by the absence of the full panoply of level playing field provisions, particularly with regard to labour and social standards;
Amendment 64 #
2020/2023(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Believes that free movement of EU nationals - including future frontier workers - and free movement of services on the island of Ireland are important in order to limit damage to the all-island economy and a future agreement should cover this issue;
Amendment 21 #
2020/2008(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas in 2018 42% of workplace accidents in the EU involved workers over 45 years of age, therefore workplace safety must consider the impact ageing has on a workforce;
Amendment 41 #
2020/2008(INI)
Draft opinion
Paragraph 2 – point 1 (new)
Paragraph 2 – point 1 (new)
(1) Believes that a new approach to mentorship and partnership must be found to stop a brain-drain, as advanced skills become more concentrated in the older element of the workforce;
Amendment 42 #
2020/2008(INI)
Draft opinion
Paragraph 2 – point 2 (new)
Paragraph 2 – point 2 (new)
(2) Considers it important employment legislation promotes working time policies which meet the needs of an ageing workforce, in particular, flexibility of shift working periods;
Amendment 52 #
2020/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that an ageing workforce and the lack of generational renewal constitute a more serious issue in agriculture than in other sectors; believes that addressing market uncertainty, ending the system of historic entitlement and tackling and lack of profitability in farming enterprises are key to reversing this trend;
Amendment 236 #
2020/0267(COD)
(40) FiveTwo years after the entry into application of this Regulation, ESMA should report to the Commission on this pilot regime for DLT market infrastructures, including on the potential benefits linked to the use of DLT, the risks raised and the technical difficulties. Based on ESMA’s report, the Commission should report to the Council and European Parliament. This report should assess the costs and benefits of extending this regime on DLT market infrastructures for another period of time, extending this regime to new type of financial instruments, making this regime permanent with or without modifications, bringing modifications to the Union financial services legislation or terminating this regimeshow how it intends to incorporate the lessons learned into existing legislation.
Amendment 292 #
2020/0267(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The total market value of DLT transferable securities recorded in a CSD operating a DLT securities settlement system shall not exceed EUR 21.5 billion. Where a DLT MTF records the DLT transferable securities instead of a CSD, in accordance with paragraphs 2 and 3 of Article 4, the total market value of the DLT transferable securities recorded by the investment firm or market operator operating the DLT MTF shall not exceed EUR 21.5 billion.
Amendment 297 #
2020/0267(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
Where the total market value of the DLT transferable securities reported under paragraph 1, has reached EUR 21.25 billion, the investment firm or market operator operating the DLT MTF concerned, or the CSD operating the DLT securities settlement system concerned shall activate the transition strategy, referred to in Article 6(6). They shall notify the competent authority of the activation of their transition strategy, in their monthly report and of the time-horizon for such transition.
Amendment 299 #
2020/0267(COD)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
The competent authority concerned may permit the DLT market infrastructure concerned to continue to operate until the total market value of the DLT transferable securities reported under paragraph 1 reaches EUR 21.75 billion provided that such leeway is requested by the operator of the DLT market infrastructure concerned and that it is objectively necessary for the orderly implementation of the transition strategy.
Amendment 469 #
2020/0267(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. FiveTwo years from the entry into application of this Regulation, at the latest, ESMA shall present a report to the Commission on:
Amendment 485 #
2020/0267(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Based on the report referred to in paragraph 1, the Commission shall present a report to the European Parliament and Council including a cost-benefit analysis on whether the regime for DLT market infrastructures under this Regulation should be:showing how it intends to incorporate the lessons learned into existing legislation.
Amendment 487 #
2020/0267(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Amendment 489 #
2020/0267(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 490 #
Amendment 491 #
2020/0267(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
Amendment 495 #
Amendment 496 #
2020/0267(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
Amendment 76 #
2020/0265(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Small and medium-sized enterprises and start-ups should not be subject to excessive administrative burdens. Offers to the public of crypto- assets in the Union that do not exceed an adequate aggregate threshold over a period of 12 months should therefore be exempted from the obligation to draw up a crypto-asset white paper. However, EU horizontal legislation ensuring consumer protection, such as Directive 2011/83/EU of the European Parliament and of the Council38 , Directive 2005/29/EC of the European Parliament and of the Council39 or the Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts40 , including any information obligations contained therein, remain applicable to these offers to the public of crypto-assets where involving business-to- consumer relations. _________________ 38Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 39Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22) 40Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Amendment 81 #
2020/0265(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to enable supervision, issuers of crypto-assets should, before any public offer of crypto-assets in the Union or before those crypto-assets are admitted to trading on a trading platform for crypto- assets, notify their crypto-asset white paper and, where applicable, their marketing communications, to the competent authority of the Member State where they have their registered office or a branch. Issuers that are established in a third country should notify their crypto-asset white paper, and, where applicable, their marketing communication, to the competent authority of the Member State where the crypto-assets are intended to be offered or where the admission to trading on a trading platform for crypto-assets is sought in the first place. In both cases, any public offer or admission to trading or a trading platform is dependent on authorisation by the competent authority.
Amendment 83 #
2020/0265(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Undue administrative burdens should be avoided. Competent authorities should therefore not be required to approve a crypto-asset white paper before its publication. Competent authorities should, however, after publication, have the power to request that additional information is included in the crypto-asset white paper, and, where applicable, in the marketing communications.
Amendment 84 #
2020/0265(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Competent authorities should be able to suspend or prohibit a public offer of crypto-assets or the admission of such crypto-assets to trading on a trading platform for crypto-assets where such an offer to the public or an admission to trading does not comply with the applicable requirements. Competent authorities should also have the power to publish a warning that an issuer has failed to meet those requirements, either on its website and/or through a press release.
Amendment 85 #
2020/0265(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Crypto-asset white papers and, where applicable, marketing communications that have been duly notified to a competent authority and authorised by a competent authority should be published, after which issuers of crypto- assets should be allowed to offer their crypto-assets throughout the Union and to seek admission for trading such crypto- assets on a trading platform for crypto- assets.
Amendment 271 #
2020/0265(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) has received authorisation from a competent authority;
Amendment 307 #
2020/0265(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) a detailed description of the issuer and a presenta, including a summary of key financial information regarding the issuer and a detailed description of the main participants involved in the project's design and development;
Amendment 312 #
2020/0265(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) if different from the issuer, the identification of the offeror, a description of the offeror’s relationship with the issuer, and a summary of key financial information regarding the offeror;
Amendment 319 #
2020/0265(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) an independent assessment of the likely energy consumption of the crypto- asset where the "proof of work" model is used;
Amendment 335 #
2020/0265(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point d a (new)
Article 5 – paragraph 5 – point d a (new)
(da) public protection schemes protecting the value of crypto assets and public compensation schemes do not exist and crypto-assets are not covered by public investor compensation or deposit guarantee schemes;
Amendment 349 #
2020/0265(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Competent authorities shall not require an ex ante approval of a crypto- asset white paper, norand of any marketing communications relating to it before their publication.
Amendment 361 #
2020/0265(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Issuers of crypto-assets, other than asset-referenced tokens or e-money tokens, shall publish their crypto-asset white paper, and, where applicable, their marketing communications, following authorisation, on their website, which shall be publicly accessible, by no later than the starting date of the offer to the public of those crypto- assets or the admission of those crypto- assets to trading on a trading platform for crypto-assets. The crypto-asset white paper, and, where applicable, the marketing communications, shall remain available on the issuer’s website for as long as the crypto-assets are held by the public.
Amendment 366 #
2020/0265(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 368 #
2020/0265(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Issuers of crypto-assets, other than asset-referenced tokens or e-money tokens, shall modify their published crypto-asset white paper, and, where applicable, published marketing communications, to describe any change or new fact that is likely to have a significant influence on the purchase decision of any potential purchaser of such crypto-assets, or on the decision of holders of such crypto-assets to sell or exchange such crypto-assets. Any such modification requires authorisation from the competent authority.
Amendment 505 #
2020/0265(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Issuers of asset-references tokens shall at all times constitute and maintain a reserve of assets. The aggregate value of reserve assets shall always be at least equal to the aggregate face value of the claims on the issuer from holders of asset- referenced tokens in circulation
Amendment 512 #
2020/0265(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Without prejudice to Article 30(11), issuers of asset-referenced tokens shall mandate an independent audit of the reserve assets every six months, as of the date of its authorisation as referred to in Article 19. The result of the audit shall be notified to the competent authority without delay, at the latest within six weeks of the reference date of the valuation. The result of the audit shall be published within two weeks of the date of notification to the competent authority. The competent authority may instruct the issuer to delay the publication in the event that (a) the issuer has been required to implement recovery arrangement or measures in accordance with this regulation (b) the issuer has been required to implement an orderly wind-down of its activities in accordance with this regulation ; (c) it is deemed necessary to protect the economic interests of holders of the asset- referenced token; (d) it is deemed necessary to avoid a significant adverse effect on the financial system of the home Member State or another Member State.
Amendment 541 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Issuers of asset-referenced tokens shall establish, maintain and implement clear and detailed policies and procedurredeem these tokens at the request on the rights granted to holders of asset- referenced tokens, including any direct claim or redemption rights on the issf any holder at all times at a price that is not lower than the face valuer of those asset-referenced tokens or on the reserve assetse holder’s claim on the issuer.
Amendment 549 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – introductory part
Article 35 – paragraph 2 – subparagraph 1 – introductory part
2. Where holders of asset-referenced tokens are granted rights as referred to in paragraph 1, issuers of asset-referenced tokens shall establish a policy setting outBy way of derogation from paragraph 1:
Amendment 554 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – point a
Article 35 – paragraph 2 – subparagraph 1 – point a
(a) the conditions, including thresholds, periods and timeframes, for holders of asset-referenced tokens to exercise those rights;issuer of an asset-referenced token may, in accordance with the applicable national law and subject to the conditions set out in the crypto-asset white paper, temporarily suspend the redemption of its tokens. In the event of a temporary suspension, the issuer shall, without delay, communicate its decision to its home Member State competent authorities.
Amendment 556 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1– point b
Article 35 – paragraph 2 – subparagraph 1– point b
(b) the mechanisms and procedurissuer’s home Member State may allow its competent authorities to ensurequire the redemptsuspension of the asset- referencedredemption of tokens, including in stressed market circumstances, in case of an orderly wind-down of the issuer of asset- the interest of the token holders or of the public. The temporary suspension referencred tokens as referred to in Article 42, or in case of a cessation of activities by such issuer; in point (a) of the first subparagraph shall be provided for only in exceptional cases where circumstances so require and where suspension is justified having regard to the interests of the token holders.
Amendment 557 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – point c
Article 35 – paragraph 2 – subparagraph 1 – point c
Amendment 561 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1– point d
Article 35 – paragraph 2 – subparagraph 1– point d
Amendment 563 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 2 – subparagraph 1 – point e
Article 35 – paragraph 2 – subparagraph 1 – point e
Amendment 569 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. Issuers of asset-referenced tokens shall establish a policy setting out:(a) the conditions, including thresholds, periods and timeframes, for holders of asset- referenced tokens to exercise those rights; (b) the mechanisms and procedures to ensure the redemption of the asset- referenced tokens, including in stressed market circumstances, or in case of an orderly redemption of asset-referenced tokens; (c) the valuation, or the principles of valuation, of the asset-referenced tokens and of the reserve assets when those rights are exercised by the holder of asset- referenced tokens; (d) the settlement conditions when those rights are exercised
Amendment 571 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 582 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 4 – subparagraph 1
Article 35 – paragraph 4 – subparagraph 1
Amendment 585 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 4 – subparagraph 2
Article 35 – paragraph 4 – subparagraph 2
Amendment 594 #
2020/0265(COD)
Proposal for a regulation
Article 35 – paragraph 5 – subparagraph 1 – point b a (new)
Article 35 – paragraph 5 – subparagraph 1 – point b a (new)
(ba) the conditions which need to be met by the issuer after the adoption of the temporary suspension of the redemption of tokens as referred to in paragraph 2(a), once the suspension has been decided.
Amendment 695 #
2020/0265(COD)
Proposal for a regulation
Article 44 – paragraph 6
Article 44 – paragraph 6
6. Redemption may be subject to a fee only. if stated in the crypto-asset white paper and only in any of the following cases: (a) where redemption is requested before the termination of the contract; (b) where the contract provides for a termination date and the electronic money holder terminates the contract before that date; or (c) where redemption is requested more than one year after the date of termination of the contract. Any such fee shall be proportionate and commensurate with the actual costs incurred by issuers of e-money tokens.
Amendment 844 #
2020/0265(COD)
Proposal for a regulation
Article 60 – paragraph 1 – introductory part
Article 60 – paragraph 1 – introductory part
1. Crypto-asset service providers shall, at all times, have in place prudential safeguards equal to an amount of at least the higher of the followingmeet, at least, the requirement for own funds and eligible liabilities, as applicable:
Amendment 846 #
2020/0265(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point a
Article 60 – paragraph 1 – point a
(a) the amount of permanent minimum capital requirements indicated in Annex IV, depending on the nature of the crypto-asset services providedfor credit institutions authorised to provide crypto-asset services in accordance with this regulation the requirements for own funds and eligible liabilities in accordance with Regulation (EU) 575/2013 and Directive 2013/36/EU;
Amendment 847 #
2020/0265(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point b
Article 60 – paragraph 1 – point b
(b) one quarter of the fixed overheads of the preceding year, reviewed annuallyfor investment firms authorised to provide crypto-asset services in accordance with this regulation the requirements for initial capital and own funds in accordance with Regulation (EU) 2019/2033 and Directive 2019/2034/EU;
Amendment 848 #
2020/0265(COD)
Proposal for a regulation
Article 60 – paragraph 1 – point b a (new)
Article 60 – paragraph 1 – point b a (new)
(ba) firms authorised to provide crypto- asset services in accordance with this regulation that are covered under (a) and (b) the requirements for initial capital and own funds in accordance with Directive 2009/110/EC.
Amendment 849 #
2020/0265(COD)
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
Amendment 855 #
2020/0265(COD)
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
Amendment 856 #
2020/0265(COD)
Proposal for a regulation
Article 60 – paragraph 4
Article 60 – paragraph 4
Amendment 862 #
2020/0265(COD)
Proposal for a regulation
Article 60 – paragraph 5
Article 60 – paragraph 5
Amendment 864 #
2020/0265(COD)
Proposal for a regulation
Article 60 – paragraph 6
Article 60 – paragraph 6
Amendment 936 #
2020/0265(COD)
Proposal for a regulation
Article 70 – paragraph 1
Article 70 – paragraph 1
1. Crypto-asset service providers that are authorised to execute orders for crypto- assets on behalf of third parties shall take all necessary steps to obtain, when executing orders, the best possible result for their clients taking into account the best execution factors of price, costs, speed, likelihood of execution and settlement, size, nature or any other consideration relevant to the execution of the order, unless the crypto-asset service provider concerned executes orders for crypto-assets following specific instructions given by its clients. Where a crypto-asset service provider executes an order on behalf of a retail client, the best possible result shall be determined in terms of the total consideration, representing the price of the crypto-assets and the costs relating to execution, which shall include all expenses incurred by the client which are directly relating to the execution of the order, including execution venue fees, clearing and settlement fees and any other fees paid to third parties involved in the execution of the order.
Amendment 938 #
2020/0265(COD)
Proposal for a regulation
Article 70 – paragraph 1 a (new)
Article 70 – paragraph 1 a (new)
1a. Crypto-asset service providers that are authorised to execute orders for crypto-assets on behalf of third parties shall ask the client or potential client to provide information regarding that person’s knowledge and experience in crypto-assets, the client’s objectives, risk tolerance, financial situation including its the ability to bear losses, and basic understanding of risks involved in purchasing crypto-assets so as to enable the crypto-asset service provider to assess whether the crypto-asset envisaged is appropriate for the client. Where the crypto-asset service provider considers, on the basis of the information received under the first subparagraph, that the crypto-asset is not appropriate to the client or potential client, it shall warn the client or potential client.
Amendment 950 #
2020/0265(COD)
1. Crypto-asset service providers that are authorised to provide advice on crypto- assets shall assess the compatibility of such crypto-assets with the requirements and preferences demands and needs of the clients or potential client and recommend them only when this isey are suitable for and in the interest of the clients or potential client and, in particular, are in accordance with his or her risk tolerance and ability to bear losses.
Amendment 953 #
2020/0265(COD)
Proposal for a regulation
Article 73 – paragraph 1 a (new)
Article 73 – paragraph 1 a (new)
1a. Crypto-asset service providers that are authorised to provide advice on crypto-assets shall in good time before providing advice on crypto-assets inform potential clients: (a) whether or not the advice is provided on an independent basis; (b) whether the advice is based on a broad or on a more restricted analysis of different crypto-assets and, in particular, whether the range is limited to crypto- assets issued or offered by entities having close links with the crypto-asset service provider or any other legal or economic relationships, such as contractual relationships, so close as to pose a risk of impairing the independent basis of the advice provided; Crypto-asset service providers shall also provide potential clients with information on all costs and associated charges, including the cost of advice, where relevant, the cost of crypto-assets recommended or marketed to the client and how the client may pay for it, also encompassing any third-party payments.
Amendment 956 #
2020/0265(COD)
Proposal for a regulation
Article 73 – paragraph 3 – subparagraph 2
Article 73 – paragraph 3 – subparagraph 2
Crypto-asset service providers that are authorised to provide advice on crypto- assets shall warn clients that, due to their tradability, the value of crypto-assets may fluctuate, that the crypto-assets may lose their value in part or in full, that the crypto-assets may not always be transferable and that the crypto-assets may not be liquid.
Amendment 962 #
2020/0265(COD)
Proposal for a regulation
Article 73 – paragraph 7 – point a
Article 73 – paragraph 7 – point a
(a) specify the clients’ demands and needrequirements and preferences;
Amendment 1005 #
2020/0265(COD)
Proposal for a regulation
Article 82 – paragraph 6 a (new)
Article 82 – paragraph 6 a (new)
6a. In determining, as per Title II, whether to authorise a crypto-asset competent authorities shall take into account the likely energy consumption of the proposal and reject any proposed crypto-asset that is reliant on technology which uses excessive energy. In determining this, the competent authority may consult as it sees fit and take into account European Union energy and climate policies.
Amendment 1141 #
2020/0265(COD)
Proposal for a regulation
Article 123 – paragraph 1
Article 123 – paragraph 1
1. Articles 4 to 14 shall not apply to cCrypto-assets, other than asset- referenced tokens and e-money tokens, which were offered to the public in the Union or admitted to trading on a trading platform for crypto-assets before [please insert date of entry into application] can operate for a period of 6 months after [please insert date of entry into application] before Articles 4 to 14 shall apply.
Amendment 18 #
Amendment 25 #
Amendment 2 #
2019/2187(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the United Nations Universal Declaration of Human Rights, in particular Articles 8 and 25 thereof,
Amendment 144 #
2019/2187(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to prioritise emissions reductions through housing renovation in the social housing sector and for worst performing buildings in the Renovation Wave, while tackling inadequate housing and housing accessibility and eliminating energy poverty in order to ensure a socially just transition to a climate-neutral economy that leaves no one behind; stresses, therefore, that tenants and owner-occupiers should be fully informed and involved in renovation projects and should not see overall costs increase because of them; calls, therefore, for the cost to the tenant not to exceed the value of the energy savings made by the tenant as a result of the renovations; stresses the need to protect tenants from eviction during housing renovations;
Amendment 175 #
2019/2187(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for an EU-level goal of ending homelessness by 2030; calls on the Commission to take stronger action to support Member States in reducing and eradicating homelessness as a priority in the context of the action plan on the EPSR; calls on the Commission to propose an EU framework for national homelessness strategies; calls on the Member States to prioritise the provision of permanent housing to homeless people and those who have most difficulty finding accommodation; stresses the importance of reliable data collection on homelessness;
Amendment 181 #
2019/2187(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that homelessness is also caused and perpetuated by the market and austerity policies pursued by the European Union; urges the European Union to adopt genuine social policies and ambitious employment measures to enable all citizens to live in dignity, without which homelessness can never be eradicated;
Amendment 280 #
2019/2187(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States and regional and local authorities to put in place legal provisions to protect tenants and owner-occupiers from eviction and to ensure security of tenure by favouring long-term rental contracts as the default option, together with a rent transparency andobligation and binding rent control measures;
Amendment 286 #
2019/2187(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points out that 25.1% of European private tenants spend over 40% of their income on rent; points out that rents are constantly increasing; considers that rents must be subject to controls and then reduced so that housing is truly affordable for all;
Amendment 287 #
2019/2187(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls for a ban on the eviction of tenants and owner-occupiers without rehousing; stresses that people who are evicted should be able to assert their rights in a court, particularly against banks where the repayment amount demanded by the bank is grossly unfair;
Amendment 288 #
2019/2187(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Member States to pursue housing policies that are based on the principle of neutrality between home ownership, private rented accommodation and rented social housing; callpoints out, too, that the rules onf the Commission to respect this principle in the European SemesterEuropean Semester have reduced investment in affordable housing; calls for the repeal of the European Semester so that the European Union and the Member States have the leeway needed to fund public and social investments, particularly in affordable housing, to the extent necessary;
Amendment 300 #
2019/2187(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes with concern the increased financialisation of the housing market, in particular in cities, whereby investors treat housing as a tradable asset rather than a human right; points out that the Covid-19 crisis has drawn attention to the fact that essential workers and public officials have been forced to move out of town centres because prices have increased as a result of the financialisation of the housing market; calls on the Commission to assess the contribution of EU policies and regulations to financialisation of the housing market and the ability of national and local authorities to ensure the right to housing and, where appropriate, to put forward legislative proposals to counter financialisation of the housing market by mid-2021; calls for the creation of a transparency register for property developers and private and corporate landlords to prevent speculation and because everyone has the right to know who is benefiting from their rent; calls on the Member States and local authorities to put in place taxation measures to counter speculative investment, and to develop urban and rural planning policies that favour affordable housing, social mix and social cohesion;
Amendment 320 #
2019/2187(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Points out that over 11 million homes in the European Union are empty; emphasises that those homes could accommodate everyone who is homeless and most of those suffering from severe housing deprivation in the European Union; points out that empty homes contribute to the decline in housing supply and therefore to the increase in prices and speculation; calls on the Member States to put in place binding legislation so that empty homes are put on the rental market in a condition that meets decent housing criteria;
Amendment 331 #
2019/2187(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission and the Member States to close the investment gap for affordable housing as a matter of priority; calls in this regard for a reform of the Stability and Growth Pact allowing for increased fiscal space for sustainable public investments, in particular in affordable housing; calls, in particular, for investments made in affordable housing to be exempt from the Maastricht criteria as affordable housing is never a debt but always an investment; calls, furthermore, for a harmonised accounting for amortisation methodology for affordable housing investments;
Amendment 341 #
2019/2187(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission to adapt the target group definition of social and publicly funded housing in the rules on services of general economic interest, so as to allow national, regional and local authorities to support housing for all groups whose needs for decent and affordable housing cannot be met within market conditions, while also ensuring that funding is not steered away from the most disadvantaged, in order to unblock investment and ensure affordable housing, create socially diverse neighbourhoods and enhance social cohesion; calls on the Commission to authorise State aid for affordable housing for any target group;
Amendment 355 #
2019/2187(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Deplores the fact that local stakeholders and smaller organisations do not always know about public funding and that European procedures can seem remote or complex; proposes the creation of a single fund to achieve synergies by pooling existing donor funds, thereby allowing local stakeholders and smaller organisations to clearly identify those funds;