1098 Amendments of Sara MATTHIEU
Amendment 11 #
2023/0199(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Strengthening the manufacturing capacity of key technologies in the Union will not be possible without a sizeable skilled workforce. However, labour and skills shortages have increased in all sectors including those considered key for the green and digital transition and endanger the rise of key technologies, also in the context of demographic change. Therefore, it is necessary to address the root causes of such shortages, including by boosting the activintegration of more people to the labour market relevant for strategic sectors, in particular through the creation of quality jobs and paid apprenticeships for young, disadvantaged persons, in particular, young people not in employment, education or training. At the same time, it is necessary to boost the attractiveness of technical careers, also in view to increase the participation of women in those careers. Such support will complement a number of other actions aimed at meeting the skills needs stemming from the transition, outlined in the EU Skills Agenda.45 __________________ 45 Communication on a European Skills Agenda for sustainable competitiveness, social fairness and resilience, COM(2020) 274 final.
Amendment 30 #
2023/0199(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to help accelerate investments and provide immediate liquidity for investments supporting the STEP objectives under the ERDF, the ESF+59 and the JTF, an additional amount of exceptional pre-financing should be provided in the form of a one-off payment with respect to the priorities dedicated to investments supporting the STEP objectives. The additional pre-financing should apply to the whole of the JTF allocation given the need to accelerate its implementation and the strong links of the JTF to support Member States towards the STEP objectives. The rules applying for those amounts of exceptional pre-financing should be consistent with the rules applicable to pre-financing set out in Regulation (EU) 2021/1060. Moreover, to further incentivise the uptake of such investments and ensure its faster implementation, the possibility for an increased EU financing rate of 100% for the STEP priorities should be available. When implementing the new STEP objectives, managing authorities are encouraged to apply certainshould apply social criteria orand promote social positive outcomes, such as creating paid apprenticeships and jobs for young disadvantaged persons, in particular young persons not in employment, education or training, applying the social award criteria in the Directives on public procurement when a project is implemented by a body subject to public procurement, and paying the applicable wages as agreed through collective bargaining. __________________ 59 Regulation (EU) 2021/1057 establishing the European Social Fund Plus (ESF+) (OJ L 231, 30.6.2021, p. 21).
Amendment 32 #
2023/0199(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. To strengthen European sovereignty and security, accelerate the Union’s green and digital transitions and enhance its competitiveness, reduce its strategic dependencies, favour a level playing field in the Single Market for investments throughout the Union, and promote inclusive access to training and attractive, quality jobs, the Platform shall pursue the following objectives:
Amendment 44 #
2023/0199(COD)
Proposal for a regulation
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
1b. While pursuing these objectives, the Platform shall contribute to lifelong learning for all kinds of jobs related to technologies listed under points (i), (ii) and (iii) and apply social criteria in order to contribute to the achievement of social positive outcomes and the creation of quality jobs. Addressing the skills needs for these technologies shall be made in close cooperation with social partners as well as existing education and training initiatives, including the European Net Zero Industry Academies.
Amendment 46 #
2023/0199(COD)
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. The social criteria referred to in paragraph 1a includes the compliance with Union and national labour law, social rights and workers’ rights as well as with applicable collective agreements. It also includes well-defined objectives in terms of skilling, upskilling and reskilling workers, and the promotion of inclusive labour markets through measures aimed at improving gender equality and diversity at work, such as via the inclusion of people with disability or young people not in education, training or employment (NEETs), or at developing quality and paid apprenticeships. These social criteria shall also be part of the assessment in public procurement procedures when a project is implemented by a body subject to public procurement.
Amendment 50 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Commission shall award a Sovereignty Seal to any action contributing to any of the Platform objectives, provided the action has been assessed and complies with the minimum quality requirements, in particular eligibility, exclusion and award criteria, provided by a call for proposals under Regulation (EU) 2021/695, Regulation (EU) 2021/694, Regulation (EU) 2021/697, Regulation (EU) 2021/522, or Commission Delegated Regulation (EU) 2019/856, and complies with the requirements referred to in paragraph 2a.
Amendment 54 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The award of the Sovereignty Seal shall be conditional to the compliance of the project with Union’s and national labour law, social rights and workers’ rights, as well as applicable collective agreements. The award of a Sovereignty Seal shall be subject to social sustainability considerations going beyond the minimum Union and national legal requirements in the area of labour law, social rights and workers’ rights, with fair and adequate wages, well- defined plans in terms of skilling, reskilling and upskilling, measures to improve gender equality and diversity at work, and quality and paid apprenticeships, as well as a commitment not to relocate production outside of the Union within the 5 years following the award of the Sovereignty Seal.
Amendment 55 #
2023/0199(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Strategic projects complying with the requirements referred to in paragraph 2a and identified in accordance with the [Net Zero Industry Act] and the [Critical Raw Materials Act] within the scope of Article 2 that receive a contribution under the Programmes refered to in Article 3 may also receive a contribution from any other Union programme, including Funds under shared management, provided that the contributions do not cover the same costs. The rules of the relevant Union programme shall apply to the corresponding contribution to the strategic project. The cumulative funding shall not exceed the total eligible costs of the strategic project. The support from the different Union programmes may be calculated on a pro- rata basis in accordance with the documents setting out the conditions for support.
Amendment 29 #
2023/0081(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114 and 153 (a), (b), (e), (h), and (i) thereof,
Amendment 30 #
2023/0081(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The strategic net-zero technologies manufactured and deployed to reach the Union's climate objectives require a number of key resources including critical raw materials. In the interest of the Union's strategic autonomy, a greater focus on the circularity and long lifespans of these technologies is essential to reduce the risk of a lack of available raw materials for the manufacturing industry, and to reduce the environmental impact as a result of extracting raw materials. Member states should therefore prioritize manufacturing projects aiming to produce technologies with optimal circular design features such as durability, reliability, reusability, upgradability, reparability, resource efficiency, recycled content, the possibility of maintenance, disassembly, refurbishment, remanufacturing, recycling and recovery of materials, as well as avoiding substances of concern.
Amendment 33 #
2023/0081(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) To fulfil those commitments, the Union must accelerate its pace of transition to clean energwards a renewables-based, circular and resource-efficient economy, notably by increasing energy efficiency and the share of renewable energy sources. This will contribute toshould aim at achieving the EU targets of the European Pillar of Social Rights Action Plan for 2030 of an employment rate of at least 78% and participation in training of at least 60% of adults. It will alsn order for the industrial measures to contribute to ensuring that the green transition is fair and equitable34 ., they should be combined with upward convergence towards high standards of working conditions. By addressing energy poverty with more affordable energy sources, the investments into net-zero technologies should also contribute to the achievement of the EU target of a reduction of at least 15 million in the number of people at risk of poverty or social exclusion; _________________ 34 Council Recommendation on ensuring a fair transition towards climate neutrality, adopted on 16 June 2022 as part of the Fit for 55 package.
Amendment 34 #
2023/0081(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry and the related jobs, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologies , electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, small modular reactors and related best-in-class fuels, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating quality jobs and growthensuring decent working conditions for all.
Amendment 38 #
2023/0081(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to maintain competitiveness and reduce current strategic import dependencies in key net- zero technology products and their supply chains, while avoiding the formation of new ones, the Union needs to continue strengthening its net zero industrial base and become more competitive and innovation friendly. The Union needs to enable the development of manufacturing capacity faster, simpler and in a more predictable way, without compromising on its high environmental and social standards and values.
Amendment 39 #
2023/0081(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Member States should submit updated drafts of their 2021-2030 National Energy and Climate Plans (NECPs) in June 202340 . As emphasised in the Commission’s Guidance to Member States for the update of the 2021-2030 national energy and climate plans41 , the updated plans should describe Member States’ objectives and policies to facilitate the scale-up of manufacturing projects of commercially available energy efficient and low-carbon technologies, equipment and key components within their territory. Those plans should also describe Member States’ objectives and policies to achieve such scale-up through diversification efforts in third countries, and to enable their industries to capture and store CO2 emissions permanently in geological storage sites. In their revised National Energy and Climate Plans Member States should also identify the social challenges expected from the transition to net zero as well as the detailed measures and resources that will be necessary to manage them, to be compiled as just transition plans in cooperation with the social partners. _________________ 40 Member States shall update their national plans for 2021-2030 by June 2023 (draft plans) and June 2024 (final plans). See Article 14 and requirements of Chapter 2 and Annex I of the Regulation (EU) 2018/1999. 41 Commission Notice on the Guidance to Member States for the update of the 2021- 2030 national energy and climate plans 2022/C 495/02, (OJ C 495, 29.12.2022, p. 24).
Amendment 42 #
2023/0081(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directives 2014/23/EU, 2014/24/EU and 2014/25/EU already allow contracting authorities and entities awarding contracts through public procurement procedures to rely, in addition to price or cost, on additional criteria for identifying the most economically advantageous tender. Such criteria concern for instance the quality of the tender including social, environmental and innovative characteristics. When awarding contracts for net-zero technology through public procurement, contracting authorities and contracting entities should duly assess the tenders’ contribution to sustainability, job quality, and resilience in relation to a series of criteria relating to the tender’s environmental and social sustainability, innovation, system integration and to resilience.
Amendment 45 #
2023/0081(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The weighting of criteria on the sustainability, job quality, and resilience contribution of the tender in relation to public procurement procedures is without prejudice to the possibility for contracting authorities and contracting entities to set a higher threshold for the criteria relating to environmental and social sustainability and innovation, in line with Article 41 (3) and Recital 64 of Directive 2014/23/EU of the European Parliament and of the Council50 , Article 67 (5) of Directive 2014/24/EU and Article 82 (5) of Directive 2014/25/EU. _________________ 50 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
Amendment 46 #
2023/0081(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to limit administrative burden resulting from the need to take into account criteria relating to the sustainability, job quality, and resilience contribution of the tender, in particular for smaller public buyers and for contracts of lower value which do not have an important impact on the market, the application of the relevant provisions of this Regulation should be deferred for two years for public buyers which are not central purchasing bodies and for contracts of a value below EUR 25 million.
Amendment 47 #
2023/0081(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Households and final consumers are an essential part of the Union’s demand for net-zero technologies final products and public support schemes to incentivize the purchase of such product by households, in particular for vulnerable low- and lower middle-class income households and consumers, are important tools to accelerate the green transition. Under the solar rooftop initiative announced in the EU solar strategy52 , Member States should for instance set-up national programmes to support the massive deployment of rooftop solar energy. In the REPowerEU plan, the Commission called Member States to make full use of supporting measures which encourage switching to heat pumps. Such support schemes set up nationally by Member States or locally by local or regional authorities should also contribute to improving the sustainability, job quality, and resilience of the EU net-zero technologies. Public authorities should for instance provide higher financial compensation to beneficiaries for the purchase of net-zero technology final products that will make a higher contribution to resilience in the Union. Public authorities should ensure that their schemes are open, transparent and non-discriminatory, so that they contribute to increase demand for net- zero technology products in the Union. Public authorities should also limit the additional financial compensation for such products so as not to slow down the deployment of the net-zero technologies in the Union. To increase the efficiency of such schemes Member States should ensure that information is easily accessible both for consumers and for net-zero technology manufacturers on a free website. The use by public authorities of the sustainability, job quality, and resilience contribution in schemes targeted at consumers or households should be without prejudice to State aid rules and to WTO rules on Subsidies. _________________ 52 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions : EU Solar Energy Strategy, COM(2022) 221 final, 18.05.2022.
Amendment 48 #
2023/0081(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Where private investment alone is not sufficient, the effective roll-out of net- zero manufacturing projects may require public support in the form of State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines that have recently undergone an in-depth revision in line with the twin transition objectives provide ample possibilities to support investments for projects in the scope of this Regulation subject to certain conditions. Member States can have an important role in easing access to finance for net-zero technologies manufacturing projects by addressing market failures through targeted State aid support. The Temporary Crisis and Transition Framework (TCTF) adopted on 9 March 2023 aims at ensuring a level playing field within the internal market, targeted to those sectors where a third- country delocalisation risk has been identified, and proportionate in terms of aid amounts. It would enable Member States to put in place measures to support new investments in production facilities in defined, strategic net-zero sectors, including via tax benefits. The permitted aid amount can be modulated with higher aid intensities and aid amount ceilings if the investment is located in assisted areas, in order to contribute to the goal of convergence between Member States and regions. Appropriate conditions are required to verify the concrete risks of diversion of the investment outside the European Economic Area (EEA) and that there is no risk of relocation within the EEA. The access to state aid should be subject to strict social and environmental conditions to ensure that European funding uphold high social and environmental standards and does not incentivise a race to the bottom in such standards, in line with the conditions set up in this Regulation; to mobilise national resources for that purpose, Member States may use a share of the ETS revenues that Member States have to allocate for climate-related purposes.
Amendment 49 #
2023/0081(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) A European Sovereignty Fund would provide a structural answer to the investment needs. It will help preserving a European edge on critical and emerging technologies relevant to the green and digital transitions, including net-zero technologies. This structural instrument will build on experience of coordinated multi-country projects under the IPCEIs and seek to enhance all Member States’ access to such projects, thereby safeguarding cohesion and the Single Market against risks caused by unequal availability of State Aids. Any funding coming from the European Sovereignty Fund should be accessible across all Member States, requiring joint funding at European level. Such funding should not come at the expense of existing MFF priorities, but rather constitute fresh funds drawn from the unallocated margins under the MFF ceilings or mobilised through the non-thematic MFF special instruments. The access to this Fund will be subject to strict social and environmental conditions to ensure that European funding uphold high social and environmental standards and does not incentivise a race to the bottom in such standards, in line with the conditions set up in this Regulation.
Amendment 50 #
2023/0081(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) In order for net-zero technology manufacturing projects to be deployed or expanded as quickly as possible to ensure the Union’s security of supply for net-zero technologies, it is important to create planning and investment certainty by keeping the administrative burden on project promoters to a minimum, without compromising on the high environmental and social standards and values of the Union. For that reason, permit-granting processes of the Member States for net zero technology manufacturing projects should be streamlined, whilst at the same time ensuring that such projects are safe, secure, environmentally performant, and comply with environmental, social and safety requirements. Union environmental legislation sets common conditions for the process and content of national permit- granting processes, thereby ensuring a high level of environmental protection. Being granted the status of Net-Zero Strategic Project should be without prejudice to any applicable permitting conditions for the relevant projects, including those set out in Directive 2011/92/EU of the European Parliament and of the Council58 , Council Directive 92/43/EEC59 , Directive 2000/60/EC of the European Parliament and of the Council60 , Directive 2004/35/EC of the European Parliament and of the Council61 , and Directive (EU) 2010/75 of the European Parliament and of the Council62 . _________________ 58 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1). 59 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 60 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 (OJ L 327, 22.12.2000, p. 1). 61 Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56). 62 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (recast) (OJ L 334, 17.12.2010, p. 17).
Amendment 52 #
2023/0081(COD)
Proposal for a regulation
Recital 51
Recital 51
Amendment 53 #
2023/0081(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to reduce complexity and increase efficiency and transparency, project promoters of net-zero technologies manufacturing projects should be able to interact with a single national authority responsible for coordinating the entire permit granting process and issuing a comprehensive decision within the applicable time limit. To that end, Member States should designate a single national competent authority. Depending on a Member State’s internal organisation, it should be possible for the tasks of the national competent authority s to be delegated to a different authority, subject to the same conditions. T, public accountability, and oversight. In order to guarantee the high level of scrutiny along the permitting process, and to ensure the effective implementation of their responsibilities, Member States should provide their national competent authority, or any authority acting on their behalf, with sufficient personnel and resources.
Amendment 59 #
2023/0081(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) The scaling up of European net- zero technology industries requires significant additional skilled workers which implies important investment needs in re-skilling and upskilling, including in the field of vocational education and training. This should contribute to the creation of quality jobs in line with the targets for employment and training of the European Pillar of Social Rights. The energy transition will require a significant increase in the number of skilled workers in a range of sectors, including renewable energy and energy storage, and has a great potential for quality job creation. The skill needs for the fuel cell hydrogen sub-sector in manufacturing alone are estimated at 180.000 trained workers, technicians and engineers by the year 2030, according to the Commission’s European Strategic Energy Technology Plan65 . In the photo- voltaic solar energy sector, up to 66.000 jobs would be needed in manufacturing alone. The circular economy will contribute to the creation of around 700,000 jobs in the EU alone by 2030. For the same volume of waste, circular activities such as recycling generate over 50 times as many jobs as landfills and incineration, while repair creates more than 200. The European network of employment services (EURES) is providing information, advice and recruitment or placement for the benefit of workers and employers, including across internal market borders. _________________ 65 European Commission, Directorate- General for Research and Innovation, Joint Research Centre, The strategic energy technology (SET) plan, Publications Office, 2019, https://data.europa.eu/doi/10.2777/04888.
Amendment 65 #
2023/0081(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) Since strengthening the manufacturing capacity of key net-zero technologies in the Union will not be possible without a sizeable skilled workforce, it is necessary to introduce measures to boost the activintegration of more people to the labour market, notably women and young peopl, as the gender balance in these sectors is far from being reached, and young people, including those not in employment, education or training (NEETs), including via skills first approaches as a complement to qualifications-based recruitment. In addition, in line with the objectives of the Council Recommendation on ensuring a fair transition towards climate-neutrality, specific support for job-to-job transition for workers in redundant and declining sectors are important and with a view to favour lifelong learning and training. An EU Directive on life-long learning is the right instrument to integrate common life-long learning provisions across the Union, complemented by collective agreements negotiated at sectoral level. This means investing in skills for all, and in quality job creation required for net-zero technologies in the Union. Building on and fully taking into account existing initiatives such as the EU Pact for Skills, EU level activities on skills intelligence and forecasting, such as by the European Centre for the Development of Vocational Training (Cedefop) and the European Labour Authority, and the Blueprints for sectoral cooperation on skills, the objective is to mobilise all actors: Member States authorities, including at regional and local levels, education and training providers, social partners and industry, in particular SMEs, to identify skills needs, develop education and training programmes and deploy these at large scale in a fast and operational manner. Net-zero strategic projects have a key role to play in this regard. Member States and the Commission may ensure financial support including by leveraging the possibilities of the Union budget through instruments such as the European Social Fund Plus, Just Transition Fund, European Regional Development Funds, the Recovery and Resilience Facility, the Modernisation Fund, REPowerEU and the Single Market Programme.
Amendment 75 #
2023/0081(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) Building on previous experiences, such as the EU Pact for Skills and the European Battery Alliance, European Net- Zero Industry Academies should develop and deploy education and training content to upskill and reskill workers required for key net-zero technology value chains, such as solar photovoltaic and solar thermal technologies, renewable hydrogen technologies and raw materials. The academies would aim to enable the training and education of at least 100.000 learners each, within three years of their establishment, to contribute to the availability of skills required for the net- zero technologies, including in small and medium-sized enterprises. The academies should target workers employed in declining sectors and people in unemployment as a priority. That content should be developed and deployed with education and training providers in Member States, relevant Member States authorities and, social partners, and the civil society. Education and training providers, industry and other actors involved in up- and reskilling in the Member States, such as Public Employment Services, should deliver the content produced by the academies. To ensure skills transparency and portability and the mobility of workers, the European Net-Zero Industry Academies will develop and deploy credentials, including micro- credentials, covering learning achievements. They should be issued in the format of European credentials for learning and could be integrated in EUROPASS and, where relevant, included in National Qualifications Frameworks. Member States are encouraged to support the continuous reskilling and upskilling offered via the academies and the relevant education and training providers in their territories through national programmes and Union funding, including from the European Social Fund Plus, the Recovery and Resilience Facility, the European Regional Development Fund, the Just Transition Mechanism, the Modernisation Fund and the Technical Support Instrument. The Net-Zero Europe Platform should assist in guiding the work of the Academies and providing oversight.
Amendment 79 #
2023/0081(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) At Union level, a Net-Zero Europe Platform, should be established, composed of the Member States and chaired by the Commission. The European Parliament should be invited to participate in the meetings of the Platform on a systematic basis. The Net-Zero Europe Platform may advise and assist the Commission and Member States on specific questions and provide a reference body, in which the Commission and Member States coordinate their action and facilitate the exchange of information on issues relating to this Regulation. The Net- Zero Europe Platform should further perform the tasks outlined in the different Articles of this Regulation, notably in relation to permitting, including one-stop shops, Net- Zero Strategic Projects, coordination of financing, access to markets and skills as well as innovative net-zero technologies regulatory sandboxes. Where necessary, the Platform may establish standing or temporary subgroups and invite third parties, such as experts, social partners, civil society organisations, or representatives from net-zero industries.
Amendment 81 #
2023/0081(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) As part of the Green Deal Industrial Plan the Commission announced its intention to conclude Net-Zero Industrial Partnerships covering net-zero technologies, to adopt net-zero technologies globally and to support the role of EU industrial capabilities in paving the way for the global clean energy transition. The Commission and Member States mayshould coordinate within the Platform the Partnerships, discussing existing relevant partnerships and processes, such as green partnerships, energy dialogues and other forms of existing bilateral contractual arrangements, as well as potential synergies with relevant Member States’ bilateral agreements with third countries.
Amendment 84 #
2023/0081(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
ba) economic operators involved in the manufacturing of strategic net-zero technologies provide quality jobs.
Amendment 85 #
2023/0081(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point s a (new)
Article 3 – paragraph 1 – point s a (new)
(sa) “quality job” means a job providing decent wages, ensuring work security via standard employment contract and access to social protection, giving access to good quality lifelong learning opportunities, securing good working conditions in safe and healthy workplaces, including a reasonable working time with good work-life balance, while ensuring trade union representation and bargaining rights.
Amendment 86 #
2023/0081(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Member States shall provide the following information on administrative processes relevant to net-zero technology manufacturing projects, including net zero strategic projects, online and in a centralised, free, and easily accessible manner:
Amendment 87 #
2023/0081(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the permit-granting process and selection criteria;
Amendment 88 #
2023/0081(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) funding possibilities at Union orand Member State level;
Amendment 89 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Where competent authorities consider that the proposed project raises exceptional risks for the health and safety of workers or of the general population, and where additional time is necessary to establish that adequate safeguards are put in place, they may extend those time limits by a further 612 months, before their expiry and on a case-by-case basis.
Amendment 90 #
2023/0081(COD)
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. All decisions taken by national authorities shall be made publicly available on a free and easily accessible website.
Amendment 91 #
2023/0081(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When preparing plans, including zoning, spatial plans and land use plans, national, regional and local authorities, in cooperation with social partners and civil society organisations in the respective territory, shall, where appropriate, include in those plans provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry.
Amendment 92 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Member States shall recognise as net-zero strategic projects net-zero technology manufacturing projects corresponding to a technology listed in the Annex and located in the Union that contributes to the realisation of the objectives set out in Article 1 of this Regulation and meet at least one of the following criteria:
Amendment 94 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – introductory part
Article 10 – paragraph 1 – point b – introductory part
(b) the net-zero technology manufacturing project has positive impact on the Union’s net-zero industry supply chain or downstream sectors, beyond the project promoter and the Member States concerned, contributing to the competitiveness and quality job creation of the Union’s net- zero industry supply chain, according to at least three of the following criteria:
Amendment 98 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point ii
Article 10 – paragraph 1 – point b – point ii
(ii) it manufactures technologies with improved environmental sustainability and circularity features, in particular with regard to reuse and recycling considerations, and improved performance;
Amendment 100 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iii
Article 10 – paragraph 1 – point b – point iii
Amendment 108 #
2023/0081(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Member States shall recognise as net-zero strategic projects, net-zero technology technology manufacturing projects that have a positive impact on quality job creation, according to the following mandatory criteria: (a) respect collective agreements and workers’ right to organise and collective bargain along with rights to information and consultation, also on merger and investment decisions (b) avoid redundancies and a deterioration of working conditions; (c) increase the share of profit that is reinvested and shared equitably with workers and does not pay our extraordinary dividends while the project is financed through any form of public funding; (d) workers covered by a collective agreement negotiated with trade unions; (e) put into place measures to attract, retain, upskill or reskill a workforce and especially women and young people, through training and lifelong learning including through apprenticeships, in close cooperation with social partners and civil society; (d) not less than 5% of the total hours of the project, including work performed by any contractor or subcontractor, performed by apprentices, paid at least 80% of the national minimum wage.
Amendment 110 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) a business plan evaluating the financial viability of the project consistent withwith no prejudice to the objective of creating and ensuring quality jobs.
Amendment 111 #
2023/0081(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b a (new)
Article 11 – paragraph 2 – point b a (new)
(ba) the potential of creation of direct quality jobs expected from the project, and the corresponding hiring, training, reskilling and upskilling plan to ensure the successful implementation of the project, and the specific measures planned for the promotion of gender equality.
Amendment 112 #
2023/0081(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 113 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. In order to prevent fragmentation of the Single Market, support mentioned in paragraph 1 of this article shall also be made available from the EU Sovereignty Fund. The Commission shall draw on resources from the EU Sovereignty Fund with a special focus on facilitating investments in net-zero strategic projects, working in close cooperation with the European Climate, Infrastructure and Environment Executive Agency to ensure the highest ecological and social standards possible. The amount of the financial envelope shall be drawn from the unallocated margins under the MFF ceilings or mobilised through the non- thematic MFF special instruments.
Amendment 114 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1b. The support referred to in paragraph 1 and 1a shall be conditional on stringent environmental and social commitments taken by the relevant project promoters, including in the form of decarbonisation plans, labour reskilling plans, commitment to effective social dialogue and collectively negotiated wages, high quality apprenticeships and decent working conditions, in line with the conditions set in article 10 of this Regulation.
Amendment 115 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) assistance to project promoters to further increase the public acceptance ofparticipation and consultation of the stakeholders concerned by the project.
Amendment 116 #
2023/0081(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. The Commission and Member States shall promote the adoption by companies of just transition plans ensuring that that companies’ operations and value chains are compatible with net- zero targets. Such plans shall specify the accompanying social measures aimed at promoting employment and quality jobs, including addressing strategic jobs and skills planning and related training policies.
Amendment 117 #
2023/0081(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
Amendment 118 #
2023/0081(COD)
Proposal for a regulation
Article 19 – title
Article 19 – title
19 Sustainability, job quality, and resilience contribution in public procurement procedures
Amendment 120 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Contracting authorities or contracting entities shall base the award of contracts for net-zero technology listed in the Annex in a public procurement procedure on the most economically advantageous tender, which shall includebe based on the best price-quality ratio, comprising at least the sustainability, job quality, and resilience contribution of the tender, in compliance with Directives 2014/23/EU, 2014/24/EU, or 2014/25/EU and applicable sectoral legislation, as well as with the Union’s international commitments, including the GPA and other international agreements by which the Union is bound.
Amendment 121 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. The tender’s sustainability, job quality, and resilience contribution shall be based on the following cumulative criteria which shall be cumulative, objective, transparent and non- discriminatory:
Amendment 123 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point a a (new)
Article 19 – paragraph 2 – point a a (new)
(aa) social sustainability, including mechanisms to incentivise quality apprenticeships, measures to improve diversity at work such as implemented gender and diversity plans, skilling, reskilling and upskilling plans, working conditions and standards, the respect of collective agreements and trade unions' right to negotiate;
Amendment 124 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Contracting authorities and contracting entities shall give the tender’s sustainability, job quality, and resilience contribution a weight between 15% and 3of at least 50% of the award criteria, without prejudice of the application of Article 41 (3) of Directive 2014/23/EU, Article 67 (5) of Directive 2014/24/EU or Article 82 (5) of Directive 2014/25/EU for giving a higher weighting to the criteria referred to in paragraph 2, points (a), (aa) and (b).
Amendment 125 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The contracting authority or the contracting entity shall not be obliged to apply the considerations relating to the sustainability and resilience contribution of net-zero technologies where their application would oblige that authority or entity to acquire equipment having disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Such exeption does not apply to social sustainability criteria. Cost differences above 130% may be presumed by contracting authorities and contracting entities to be disproportionate.This provision shall be without prejudice of the possibility to exclude abnormally low tenders under Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, and without prejudice to other contract award criteria according to the EU legislation, including social aspects according to Articles 30 (3) and 36 (1), second intent of Directive 2014/23/EU, Articles 18 (2) and 67 (2) of Directive 2014/24/EU and Articles 36 (2) and 82 (2) of Directive 2014/24/EU.
Amendment 126 #
2023/0081(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. When cost differences are below 10%, the contracting authority or the contracting entity shall award the contract to the tender exhibiting the highest sustainability and job quality contribution.
Amendment 127 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Without prejudice to Article 4 of Directive (EU) 2018/2001 and Articles 107 and 108 the Treaty, and to the Union’s international commitments including the GPA and other international agreements by which the Union is bound, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall assess the sustainability, job quality, and resilience contribution as referred to in Article 19(2) of this Regulation when designing the criteria used for ranking bids in the framework of auctions, the aim of which is to support the production or consumption of energy from renewable sources as defined in Article 2, point (1) of Directive (EU) 2018/2001.
Amendment 128 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The sustainability, job quality, and resilience contribution shall be given a weight between 15% and 3of at least 50% of the award criteria, without prejudice of the possibility to give a higher weighting to the criteria in Article 19(2), points (a), (aa) and (b), where applicable under Union legislation, and of any limit for non-price criteria set under State aid rules.
Amendment 129 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law shall not be obliged to apply the considerations relating to the sustainability and resilience contribution of net-zero technologies where their application would oblige those entities to acquire equipment having disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 130% may be presumed by contracting authorities and contracting entities to be disproportionate. Such exception does not apply to social sustainability criteria.
Amendment 130 #
2023/0081(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. When cost differences are below 10%, the contracting authority or the contracting entity shall award the contract to the tender exhibiting the highest sustainability and job quality contribution.
Amendment 132 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Without prejudice to Articles 107 and 108 of the Treaty and Article 4 of Directive 2018/200173 and in line with the Union’s international commitments, when deciding to set up schemes benefitting households or consumers which incentivise the purchase of net-zero technology final products listed in the Annex, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall design them in such a way as to promote the purchase by beneficiaries of net-zero technology final products with a high sustainability, job quality, and resilience contribution as referred in Article 19(2), by providing additional proportionate financial compensation. _________________ 73 Directive 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
Amendment 133 #
2023/0081(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The additional financial compensation granted by authorities in accordance with paragraph 1, due to the application of the criteria referred to in Article 19(2) (b) (c) and (d) shall not exceed 5 30% of the cost of the net-zero technology final product for the consumer. The additional financial compensation for households or consumers shall be specifically addressed at consumers in energy poverty or at risk of energy poverty, as defined per regulation (EU) 2023/9551a. _________________ 1a Regulation (EU) 2023/955 of the European Parliament and of the Council of 10 May 2023 establishing a Social Climate Fund and amending Regulation (EU) 2021/1060, OJ L 130, 16.5.2023, p. 1–51.
Amendment 134 #
2023/0081(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where relevant, the Commission shall provide guidance on the criteria to assess the resilience, job quality, and sustainability contribution of available products covered by the forms of public intervention covered under articles 19, 20 and 21.
Amendment 135 #
2023/0081(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The Net-Zero Europe Platform shall discuss measures carried out by Member States to implement Articles 19 and 21 and exchange best practices, inter alia, as concerns the practical use of criteria defining the sustainability, job quality, and resilience contribution in public procurement, or schemes incentivising the purchase of net-zero technology final products.
Amendment 137 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. The Commission shall support, including through the provision of seed- funding, the establishment of European Net Zero Industry Academies, which have as their objectives to:
Amendment 141 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
Article 23 – paragraph 1 – point a a (new)
(aa) include in the learning programmes elements of workers’ rights awareness, including applicable law on wages and remunerations, existing collective agreements and active trade union organisations, risk for health and safety at work and applicable preventive legislation, and judicial or administrative procedures to access in case of violation of workers’ rights;
Amendment 146 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) develop and deploy credentials, including micro-credentials, to facilitate the transparency of skills acquired and enhance the transferability between jobs and the cross-border mobility of the workforce, and to promote matching with relevant jobs through tools such as the European Employment Services (EURES) network and EURAXESS.; encourage lifelong learning and upskilling or reskilling, including through apprenticeships and long duration training programmes;
Amendment 152 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. European Net Zero Industry Academies shall counter gender stereotypes and pay particular attention to the need to activateintegrate in the labour market more women and young people, including the ones who are not in education, employment or training for the labour market. The Academies shall promote diversity and inclusivity of people with disability, migrants, and marginalised people.
Amendment 154 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. European Net Zero Industry Academies shall work in close cooperation with the social partners, relevant civil society organisations. They shall also work in cooperation with social enterprises as providers of Vocational, Education and Training to jobseekers and other disadvantaged groups, via work- based and inclusive training.
Amendment 155 #
2023/0081(COD)
Proposal for a regulation
Article 23 – paragraph 2 b (new)
Article 23 – paragraph 2 b (new)
2b. Member State shall increase the funding dedicated to education, training and learning institutions in areas linked to the skills needs identified by the Net Zero Academies. The European Sovereignty Fund shall contribute to the increased investment in such areas.
Amendment 165 #
2023/0081(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point 1
Article 25 – paragraph 1 – point 1
(1) assist the Commission in assessing, continuously monitoring and forecasting the demand and supply of a workforce with the skill sets needed in net-zero technologies and the availability and uptake of corresponding education and training opportunities, informing as appropriate the activities of the European Net-Zero Industry Academies; the forecast shall include a mapping of existing jobs and skills in all the relevant sectors at NUTS 3 level, a clear forecast on the number of jobs that are going to disappear, be created, and change by the transition to net zero, and an assessment of the potential risks on working conditions;
Amendment 177 #
2023/0081(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point 6
Article 25 – paragraph 1 – point 6
(6) promote adequate working conditions in jobs in net-zero technology industries, the activintegration of youth, women and senior, seniors and third-country nationals to the labour market for net- zero technology industries, and the attraction of skilled workers from third countries, and thereby achieve a more diverse workforce;
Amendment 186 #
2023/0081(COD)
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
Member States shall recognise the right to training of workers, to be exercised through paid education leave during working hours.
Amendment 187 #
2023/0081(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where relevant to achieve the objective of this article, the competent authorities shall consider granting derogations or exemptions to the extent allowed by the relevant Union or national law. The competent authorities shall ensure that the sandbox plan ensures respect for the key objectives and essential requirements of the EU and national legislation. Competent authorities shall make sure that any significant risks to health, safety or the environment identified during the development and testing of innovative net-zero technologies is publicly communicated and results in immediate suspension of the development and testing process until such risk is mitigated. Where competent authorities consider that the proposed project raises exceptional risks for the health and safety of workers, of the general population, or of the environment, in particular because it relates to testing, development or validation involving particularly toxic substances, they shall onlynot approve the sandbox plan once they are satisfied that adequate safeguards have been put in place commensurate with the exceptional risk identified.
Amendment 190 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 7
Article 29 – paragraph 7
7. The Platform shall systematically invite representatives of the European Parliament to attend, as observers, its meetings, including of the standing or temporary sub- groups referred to in paragraph 6.
Amendment 191 #
2023/0081(COD)
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
8. Where appropriate, the Platform or the Commission may invite experts, social partners, civil society organisations, and other third parties to Platform and sub- group meetings or to provide written contributions. In this case the platform should work towards an equal representation of academia, business, trade unions and civil society organisations.
Amendment 193 #
2023/0081(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
Amendment 197 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point f a (new)
Article 31 – paragraph 2 – point f a (new)
(fa) the compliance of the tenders with the conditions outlined in article 19;
Amendment 198 #
2023/0081(COD)
Proposal for a regulation
Article 31 – paragraph 2 – point h a (new)
Article 31 – paragraph 2 – point h a (new)
(ha) the deployment of the academies’ learning programmes with the number of learners benefiting from the academies’ programmes disaggregated by industrial sectors, gender, age and levels of qualification.
Amendment 1 #
2023/0079(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for defence and spacehealth applications, demand will increase exponentially in the coming decades if no sufficient measures are implemented to mitigate growth and protect the Union from the rising gap between demand and supply at the global level. At the same time, the risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition. Furthermore, if not managed and mitigated properly, increased demand for critical raw materials could lead to negative environmental and social impacts. Considering these trends, it is necessary to take measures to ensure access to a secure and sustainable supply of critical raw materials and to curb the expected exponential growth in demand in the Union, in order to safeguard the Union's economic resilience and open strategic autonomy.
Amendment 18 #
2023/0079(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Firstly, in order to effectively ensure the Union's access to a secure and sustainable supply of critical raw materials, that framework should include measures to decrease the Union's growing supply risks by mitigating the expected exponential growth in demand, and by strengthening Union capacities along all stages of the strategic raw materials value chain, including extraction, processing and recycling, towards benchmarks defined for each strategic raw material. Secondly, as the Union will continue to rely on imports, the framework should include measures to increase the diversification of external supplies of strategic raw materials. Thirdly, is necessary to provide measures to reinforce the Union’s ability to monitor and mitigate existing and future supply risks. Fourthly, the framework should contain measures to increase the circularity and sustainability of the critical raw materials consumed in the Union, towards a fully circular economy.
Amendment 24 #
2023/0079(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The legally binding General Union Environment Action Programme to 2030 (the 8th EAP), the framework for Union action in the field of the environment and climate, calls for significantly decreasing the Union’s material and consumption footprints to bring them within planetary boundaries as soon as possible and by 2050 at the latest. Furthermore, the global biodiversity framework of the UN Convention on Biological Diversity, adopted in Montreal in December 2022, sets a 2030 target for reducing the global footprint of consumption in an equitable manner, including through significantly reducing overconsumption and substantially reducing waste generation. The Union should mitigate the expected increase in the consumption of critical raw materials compared to a baseline scenario, without compromising the achievement of the objective enshrined in the Climate Law.
Amendment 33 #
2023/0079(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) To strengthen the Union capacities along the's resilience vis-à-vis the access to strategic raw materials value chain, benchmarks should be set to guide efforts and track progress. The aim should be to mitigate consumption growth by 70% compared to a high consumption scenario based on rapid and material- intensive technology deployment. The aim should also be to increase capacities for each strategic raw material at each stage of the value chain, while aiming to achieve overall capacity benchmarks for extractionself- sufficiency, processing and recycling of strategic raw materials. Firstly, the Union should increase the use ofassess and map its own geological resources of strategiccritical raw materials and build up capacity to allow it to extract the materials needed to produceensure a level of self- sufficiency of at least 10 % of the Union's consumption of strategic raw materials. K, keeping in mind that extraction capacity is highly dependent on the availability of Union geological resources, the achievement of this benchmark is dependent on such availabilityand that secondary raw materials should be prioritised. Secondly, in order to build a full value chain and prevent any bottlenecks at intermediate stages, the Union should in addition increase its processing capacity along the value chain and be able to produce at least 40 % of its annual consumption of strategic raw materials. Thirdly, it is expected that in the coming decades a growing share of the Union's consumption of strategic raw materials canshould be covered by secondary raw materials, which wouldin order to improve both the security and the sustainability of the Union’s raw materials supply. Therefore, Union recycling capacity should be able to producess at least 1570 % of the Union’s annual consumptionvolume of strategic raw materials available for recycling. These benchmarks refer to the 2030 time horizon, in alignment with the Union's climate and energy targets set under Regulation (EU) 2021/1119 of the European Parliament and of the Council29and the digital targets under the Digital Decade30, which they underpin. Furthermore, quality jobs, including skills development and job-to-job transitions, will address risks in the sectoral labour market and help ensure the EU’s competitiveness. _________________ 29 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (OJ L 243, 9.7.2021, p. 1). 30 Decision (EU) 2022/2481 of the European Parliament and of the Council of 14 December 2022 establishing the Digital Decade Policy Programme 2030 (OJL 323, 19.12.2022, p. 4–26 )
Amendment 39 #
2023/0079(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to put in place appropriate measures to support Strategic Projects aimed at the extraction, processing or recycling of strategic raw materials in the Union that should, together with Member State efforts, contribute to increasing capacities towards the benchmarks. Other measures, notably on exploration, mitigation of demand or circularity, are equally important to the reinforcement of different stages of the value chain and thereby to the achievement of the benchmarks. Other measures, notably on exploration or circularity, should also contribute to the reinforcement of different stages of the value chain and thereby contribute to the achievement of the benchmarks. To ensure that the benchmarks are met in time, the Commission, with the help of the European Critical Raw Materials Board (‘the Board’) should track and report progress towards the benchmarks. In case the reported progress towards the benchmarks is generally insufficient, the Commission should assess the feasibility and proportionality of additional measures. A lack of progress only on a single or small set of strategic raw material should in principle not trigger the need for additional Union efforts.
Amendment 58 #
2023/0079(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure the sustainability of increased raw material production, new raw materials projects should be implemented sustainably. To that end, the Strategic Projects receiving support under this Regulation should be assessed taking into account international instruments covering all aspects of sustainability highlighted in the EU principles for sustainable raw materials31, including ensuring environmental protection and the protection of marine and coastal environment, socially responsible practices, including respect for human rights such as the rights of women, and transparent business practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with local communities, including with indigenous peoples. To provide project promoters with a clear and efficient way of complying with this criterion,compliance with relevant Union legislation, international standards, guidelines andprinciples or participation in a certification scheme recognised under this Regulation should be considered sufficient, in fullcompliance with theprinciples of Free Prior and Informed Consent (FPIC) and respecting the Right To Say No of those communities. _________________ 31 European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, EU principles for sustainable raw materials, Publications Office, 2021, https://data.europa.eu/doi/10.2873/27875
Amendment 61 #
2023/0079(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Any promoter of a strategic raw materials project should be able to apply to the Commission for the recognition of their project as a Strategic Project. The application should include several documents and evidence related to the criteria. To better assess the social, environmental and economic viability, the feasibility of the project as well as the level of confidence in the estimates, the project promoter should also provide a classification of the project according to the United Nations Framework Classification for Resources, and to allow for objective validation, they should support this classification with relevant evidence. A timetable for the project should also be attached to an application, in order to estimate when the project would be able to contribute towards the benchmarks for domestic capacity or for diversification. As public acceptance of mining projects is crucial for their effective implementation, the promoter should also provide a plan containing measures to facilitate public acceptanceensure public participation. Special attention should be paid to social partners, civil society and other oversight actors. The promoter should also provide a business plan providing information regarding the project’s financial viability and giving an overview of funding and off- take agreements already secured as well as estimates for potential job creation and for the project’s needs in terms of skilled workforce, including upskilling and reskilling.
Amendment 63 #
2023/0079(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure the effective and efficient treatment of applications, the Commission should be able prioritise the processing of applications for projects related to specific underrepresented value chain stages or strategic raw materials, in order to be able to ensure the Union's balanced progress towards all benchmark for Union capacity included in this Regulation. The Commission should prioritise Strategic Projects contributing to circularity of raw materials.
Amendment 67 #
2023/0079(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) For some raw materials, the Union is almost fully dependent on a single country for its supply. Such dependencies entail a high risk of supply disruptions. To limit such potential riskLikewise, a large number of strategic raw materials are sourced from countries in which mining is linked to serious human rights abuses, the deterioration of governance, conflicts, and environmental destruction. To limit such adverse effects and increase the Union’s economic resilience, efforts should be undertaken to ensure that, by 2030, it is not overly dependent on a single third country for more than 65% of its supply of any strategic raw material, unprocessed and at any stage of processing, giving however special consideration to countries with whom the Union has established a Strategic Partnership on raw materials giving rise to greater assurances regarding supply risks. primary sources of raw materials, has significantly decreased its dependency on specific third countries for its supply, and has implemented autonomous and collaborative measures to mitigate the risk of human rights abuses and environmental destruction in the raw material supply chain, including via the use of Strategic Partnership.
Amendment 67 #
2023/0079(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In light of their importance for ensuring the security of supply of strategic raw materials, Strategic Projects should be considered to be in the public interest. Ensuring the security of supply of strategic raw materials is of crucial importance for the success of the green and digital transitions as well as the resilience of the defence and spacehealth sectors. To contribute towards security of supply of strategic raw materials in the Union, Member States may provide for support in national permit granting procedures to speed up the realisation of Strategic Projects in accordance with Union law.
Amendment 74 #
2023/0079(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Given their role in ensuring the Union's security of supply for strategic raw materials, and their contribution to the Union's open strategic autonomy and the green and digital transition, Strategic Projects should be considered byNature and biodiversity sustain life on Earth, deliver numerous essential ecosystem services, thereby underpinning the economy, and mitigate and adapt against the impacts of climate change. Even if a number of pieces of EU legislation, such as Council Directive 92/43/EEC, Directive 2000/60/EC, Directive 2009/147/EC and Directive 2008/56/EC, aim to protect and restore habitats and species, Europe continues to lose biodiversity at an alarming rate. For theis responsible permitting authority as being in the public interest. Strategic Projects which haason, as an essential part of the Green Deal, the Union is raising efforts to protect and restore nature, with new objectives an adverse impact on the environment, to the extent it falls under the scope of Directive 2000/60/EC, Council Directive 92/43/EEC and Directive 2009/147/EC39may be authorised where the responsible pd measures set out in, inter alia, the EU Biodiversity Strategy, General Union Environment Action Programme to 2030 (Decision (EU) 2022/591) and the Nature Restoration Law [COM/2022/304 final], and new international commitments in the framework of the UN Convention on Biological Diversity. The 2030 biodiversity-related objective of the 8th EAP is protecting, preserving and restoring marine and terrestrial biodivermsitting authority concludes, based on its case-by-case assessment, that the public interest served byy and the biodiversity of inland waters inside and outside protected areas by, inter alia, halting and reversing biodiversity loss and improving the state of ecosystems and their functions and the services they project overrides those impacts, provided that all relevant conditionsset out in those Directives are met. Where relevant, the case-by-case assessmentshould take into accountvide, and by improving the state of the environment, in particular air, water and soil, as well as combating desertification and soil degradation. Mainstreaming biodiversity in the Union’s policies will be required to meet this objective. To do so and to prevent necessary action in response to the gecological specificity of extraction sites, which constrains decisions on location. _________________ 39 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25)crises from being undermined, raw materials projects under the scope of this Regulation should not be located within and negatively affect protected areas designated under Union’s environmental legislation.
Amendment 75 #
2023/0079(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to diversify the Union's supply of strategic raw materials, the Commission should, with the support of the Board, identify Strategic Projects in third countries that intend to become active in the extraction, processing or recycling of strategic raw materials. To ensure that such Strategic Projects are effectively implemented, they should benefit from improved access to finance. In order to ensure their added value, projects should be assessed against a set of criteria, taking into account that in the past for a majority of resource-rich developing countries, mining, oil or gas exploitation has not translated into broader-based economic, human and social development. Like projects in the Union, all Strategic Projects in third countries should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented sustainably, in compliance with due diligence processes as defined by EU legislation and OECD Guidelines for Multinational Enterprises and Due Diligence Guidance for Responsible Business Conduct and Responsible Supply Chains of Minerals from conflict-affected and high-risk areas, addressing adverse impacts on human rights and environmental, rule of law and good governance, as well as the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, where land tenure rights are concerned. For projects in emerging markets and developing economies, the project should be mutually beneficial for the Union and the third country involved and add value in that country, taking in, taking into account that for mineral-rich developing countries, realising the full potential of the mining sector account also its consistency with the Union’s common commercial policys a catalyst for sustainable development is fraught with many challenges, which includes i.a.: the finite nature of mineral deposits; the “enclave” nature of the extractive industry, with few links to the local economy; the volatility in commodity prices; limited national capacities, which leaves ill-equipped national administrations vulnerable to large multinational companies; corruption and conflicting stakeholders interests. Such value may be derived from the project’s contribution to more than one stage of the whole value chain, including raw material processing, as well as from creating through the project wider economic and social benefits, including the creation of employment in compliance with international standards, notably the core labour standards of the International Labour Organisation, as well as the right to the free, prior, and informed consent of Indigenous peoples and local communities, in line with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and ILO Convention 169 on Indigenous and Tribal Peoples. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 78 #
2023/0079(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) The deep sea is home to the greatest diversity of species and ecosystems on earth, providing critical environmental goods and services, including long-term carbon sequestration, and is characterised by environmental conditions that make it highly vulnerable to human disturbance. The Union is committed to implementing the Resolutions adopted by the General Assembly of the United Nations, in particular Resolutions 61/105 and 64/72, which call on States and Regional Fisheries Management Organisations to ensure the protection of vulnerable deep- sea marine ecosystems. It is therefore important to protect the deep sea from harmful activities such as deep sea mining. Raw materials projects under the scope of this Regulation should not involve deep sea mining.
Amendment 80 #
2023/0079(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The definition of mutually beneficial partnership with third countries entails, in particular for low-income resource-rich countries, to breaking away from the enclave nature and extractivist model of the mining sector and to afford developing countries sufficient policy space facilitate knowledge and technology, local value addition by facilitating the manufacturing of finished and semi-finished goods in relevant downstream industries, economic and social development in partner countries, as well as the uptake of environmentally sustainable and circular economy practices and decent working conditions;
Amendment 93 #
2023/0079(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) A strong value chain in Europe can be built only with adequate financial means. The Commission will work with InvestEU implementing partners to seek ways to scale up support to investment in line with the common objectives set out in Regulation (EU) 2021/52341and in this Regulation, in full coherence with EIB eligibility, excluded activities and excluded sectors list. The InvestEU Advisory Hub can contribute to the build- up of pipeline of viable projects. _________________ 41 Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ 64, 26.3.2021, p. 30-89)
Amendment 99 #
2023/0079(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The Union has concluded Strategic Partnerships covering raw materials with third countries in order to implement the 2020 Action Plan on Critical Raw Materials. In order to diversify supply, these efforts should continue. Nevertheless, the Union shall fully take into account that extractive activities in developing countries often operate in complex social environments surrounded by vulnerable communities. To develop and ensure a coherent framework for the conclusion of future partnerships, the Member States and the Commission should, as part of their interaction on the Board and with full involvement of the European Parliament, discuss and ensure coordination on, inter alia, whether existing partnerships achieve the intended aims, the prioritisation of third countries for new partnerships, the content of such partnerships and their coherence and potential synergies between Member States' bilateral cooperation with relevant third countries. The Union should seek mutually beneficial partnerships with emerging market and developing economies, in coherence with its Global Gateway strategy, which contribute to the diversification of its raw materials supply chain as well a notably in terms of rent extraction, getting a fair deal and share of profits, transparency, accountability, knowledge and technology sharing. Strategic partnerships should include commitments from the Union to offer technical assistance to tackle illicit financial flows, improve regulation of the activities of trans-national corporations and financial regulation, as well technical assistance to governments adnd value in the production in these countriesprivate actors to support compliance with Union legislation on supply chain due diligence.
Amendment 109 #
2023/0079(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Most critical raw materials are metals, which can be in principle endlessly recycled, albeit with sometimes deteriorating qualities. This offers the potential to move to a truly circular economy in the context of the green transition. After an initial phase of rapid growth of demand for critical raw material for new technologies, where primary extraction and processing will still constitute the predominant sourHence, recycling should become increasingly important and reduce the need for primary extraction and its associated impacts. Today, however, recycling rates of most critical raw materials are low, including due to a lack of consideration of recyclability at the design phase of products, and recycling systems and technologies are often not adapted to the specificities of these raw materials. Action addressing the different factors holding back the circularity potential is thus required. Regardless of the amount of strategic raw materials consumed in the Union in 2030, the horizon of travel should aim at the full circularity of these raw materials.
Amendment 121 #
2023/0079(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Operators of extractive waste facilities, both existing and new, should perform a preliminary economic assessment study regarding the recovery of critical raw materials from extractive waste present on the site and from such waste being generated. In line with the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council46, priority should be given to preventing the generation of waste containing critical raw materials, by extracting critical raw materials from the extracted volume prior to it becoming waste. In elaborating this study, operators should gather the necessary information, including concentrations and quantities of critical raw materials in the extractive waste, and perform an assessment of multiple options regarding processes, operations or business arrangements that could enable an econom technically viafeasible recovery of critical raw materials based on the current state of the art of technics and technologies, as well as the conditions for economic viability of this recovery. This obligation comes in addition to obligations laid down in Directive 2006/21/EC and the national laws transposing it and is directly applicable. In its implementation, operators and competent authorities should seek to minimise administrative burden and integrate procedures to the extent possible. _________________ 46 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3-30).
Amendment 127 #
2023/0079(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Critical raw materials sold on the Union market are often certified regarding the sustainability of their production and supply chain. Certification can be obtained in the context of a broad range of public and private certification schemes available with varying scopes and stringency, creating the potential for confusion regarding the nature and veracity of claims made about the relative sustainability of critical raw materials placed on the Union market based on such certification. The Commission should be empowered to adopt implementing acts recognising certification schemes that should be considered comprehensive and trustworthy, providing a common basis for authorities and market participants for assessing the sustainability of critical raw materials. Recognition should be given only to certification schemes that cover a broad range of sustainability aspects, including environmental protection, human rights including labour rights and business transparency, and which contain provisions for independent third party verification and monitoring of compliance. To ensure efficient procedures, promoters of projects applying to be recognised as Strategic Projects should be allowed to rely on participation in a recognised scheme to show that their project is implemented sustainably related to air, soil, water and biodiversity, human rights including labour rights and governance considerations including business transparency and participation of local communities in the decision making process, which guarantee the highest levels of requirements compared to the global state-of-the-art, and which contain provisions for independent third party verification and monitoring of compliance. The recognised schemes should be reviewed by the Commission periodically in order to ensure that those recognised schemes keep reflecting the highest standards compared to the state-of-the- art.
Amendment 141 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 62
Article 2 – paragraph 1 – point 62
(62) ‘Strategic Partnership’ means a commitment between the Union and a third country to increase cooperation related to the raw materials value chain that is established through a non-binding instrument setting out concrete actions of mutual interes, setting out concrete measures of mutual interest in areas such as environmental and human rights protection, technology and knowledge transfer, research and development, value distribution, working conditions and national socio-economic development.
Amendment 147 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The general objective of this Regulation is to improve the functioning of the internal market by establishing a framework to ensurimprove the Union'’s access to a secure and sustainablresilience vis-à-vis the supply of critical raw materials, by prioritising sustainability, efficiency, sufficiency and circularity.
Amendment 148 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point -a (new)
Article 1 – paragraph 2 – point -a (new)
(-a) mitigate the Union’s increase in consumption of critical raw materials by 70% by 2030, compared to the high consumption scenario referred to in paragraph 4a;
Amendment 151 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a – point i
Article 1 – paragraph 2 – point a – point i
(i) Union extraction and recycling capacity is able to extract the ores, minerals or concentrates needed to produce at least 10% ofnsure a level of self- sufficiency of at least 10% in relation to the Union's annual consumption of strategic raw materials, to the extent that the Union’s reserves allow for this;
Amendment 158 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a – point iii
Article 1 – paragraph 2 – point a – point iii
(iii) Union recycling capacity, including for all intermediate recycling steps, is able to producecollect, sort and process at least 1570% of the Union's annual consumption of strategic raw materials present in waste.
Amendment 164 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) for projects in third countries that are emerging markets or developing economies, the project would be mutually beneficial for the Union and the third country concerned by adding value in that country.respecting international standards and conventions and the highest environmental and human rights standards in that country and by adding local value, notably through inclusive business models in which local communities participate in decision-making, their rights are protected and they benefit from extractive activities;
Amendment 170 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) ensure the free movement of critical raw materials and products containing critical raw materials placed on the Union market while ensuring athe highest level of environmental protection, by improving their durability, reparability, circularity and sustainability.
Amendment 179 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. The Commission shall take into account the objectives and benchmarks laid down in paragraph 2, point a(iii), as related Union priorities within the meaning of Article 5(4)(a)(i) of Regulation XX/XXXX [OP please insert: the Ecodesign for Sustainable Products Regulation], when preparing ecodesign requirements to improve the following product aspects: durability, reusability, reparability, resource use or resource efficiency, possibility of remanufacturing and recycling, recycled content and possibility of recovery of materials.
Amendment 181 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. The Commission shall, by means of a delegated act adopted by [3 months after the entry into force of this Regulation] in accordance with Article 36, provide a high consumption scenario based on rapid and material-intensive technology deployment, detailing the projected annual demand for critical raw materials until 2050 with intermediary milestones, based on a bottom-up cost optimisation input-output modelling exercise, disaggregated at the level of each Member State or below, and covering all economic sectors. This shall include the critical raw materials incorporated in intermediate or final products placed on the Union market, and be in line with the Union’s energy and climate objectives and with the ambitions enshrined into the Net-Zero Industry Act. To support the achievement of the objective in point 2 (-a), the Commission shall also provide other scenarios based on different assumptions in terms of technological developments, individual and collective behavioural changes, and policy options at Union and national level including but not limited to, extending the lifespan, reuse and reparability of products, improving energy savings and material efficiency, and changing mobility patterns.
Amendment 194 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
(31) ‘strategic technologies’ means the technologies needed for the green and digital transitions as well as for defence and spacehealth applications;
Amendment 195 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31 a (new)
Article 2 – paragraph 1 – point 31 a (new)
(31a) ‘vital amount of strategic raw materials’ means the amount of strategic raw materials consumed in the Union playing an indispensable role in maintaining vital societal functions or economic activities;
Amendment 202 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the project would make a meaningful contribution to the security of the Union's supply of strategic raw materialssupply the vital amount of strategic raw materials needed for the Union’s resilience;
Amendment 208 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the project would be implemented sustainablyfall under the highest environmental footprint performance classes referred to in Article 30, where available, and be implemented sustainably in the meaning of the social and environmental risk categories identified in Annex III point 4a, in particular as regards the monitoring, prevention and minimisation of environmental and climate impacts, the use of socially responsible practices including respect of human and labour rights, quality jobs potential and meaningful engagement with local communities and relevant social partners, and the use of transparent business practices with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery;the public concerned, including local communities, by guaranteeing early and effective opportunities to participate in decision- making, respect the principle of Free, Prior and Informed Consent and of the Right To Say No, meaningful engagement with relevant social partners, and the use of transparent business practices with adequate compliance policies to prevent and minimise risks of adverse impacts on the proper functioning of public administration, including corruption and bribery; the project promoter would not have been previously found guilty of bribery or corruption; the project would be eligible for EIB funding; it would not be located in special protection areas designated under Directive 2009/147/EC, special areas of conservation, sites of Community importance, and proposed Sites of Community Importance designated under Directive 92/43/EEC, areas for restoration measures referred to in [COM/2022/304 final Nature Restoration Law], protected areas referred to in Directive 2000/60/EC, fish stock recovery areas referred to in Regulation (EU) 1380/2013, in protected areas referred to in Directive 2008/56/EC, and in deep seas.
Amendment 229 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
When verifying the project's fulfilment of the criterion referred to in Article 5(1), point (c), the Commission shall draw on a range of sources, including information generated by audits and certifications, where available, reports from and interviews with local communities, unions and worker-led organizations, and consultations with non-governmental organizations.
Amendment 230 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Amendment 235 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) a plan containing: (i) measures to facilitate public acceptanceensure that the public concerned is informed about the project and its impacts, including, where appropriate, through the establishment of recurrent communication channels with the local communities and organisations, including social partners, and the implementation of awareness-raising and information campaigns and the establishment of mitigation and compensation mechanisms; (ii) measures to ensure that the public concerned, including local communities, is given early and effective opportunities to participate in decision-making on the project, and is entitled to express comments and opinions when all options are open and to ensure that the results of public consultation are duly taken into account, with full respect the principle of Free Prior and Informed Consent (FPIC) and the Right To Say No; (iii) mitigation and compensation mechanisms, ensuring that involuntary resettlement is used exclusively as a last resort option; in case resettlement is foreseen by the project, the plan shall also describe the modalities for the identification of legitimate tenure rights- holders, their involvement into the valuation process, and the process for the fair and timely compensation of the loss of their lands and assets; (iv) measures and financial mechanisms to return the site to its prior environmental state after the end of exploitation;
Amendment 251 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. Among all the applications, the Commission shall prioritise the processing of those related to projects involving recycling. Among the applications for projects involving extraction, the Commission shall prioritise the processing of applications for projects related to extraction of raw materials from extractive waste.
Amendment 252 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 7 b (new)
Article 6 – paragraph 7 b (new)
7b. The Commission shall establish and keep up-to-date a register of Strategic Projects. The register shall be made publicly available on a free access website. The website shall also allow to collect feedback from all relevant stakeholders, including local communities, unions and worker-led organizations, and non-governmental organizations, on the project implementation and fulfilment of the criteria referred to in Article 5(1). The Commission shall take such feedback in due account.
Amendment 253 #
2023/0079(COD)
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
8. Where tThe Commission finds that ashall periodically assess whether Strategic Project no longers still fulfils the criteria set out in Article 5(1). Where the Commission finds that a Strategic Project no longer fulfils one or more of those criteria or where its recognition was based on an application containing incorrect information, it may, taking into account the opinion of the Board and the responsible project promoter, repeal the decision granting a project the status of Strategic Project.
Amendment 258 #
2023/0079(COD)
Amendment 275 #
2023/0079(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 2 – point c
Article 19 – paragraph 3 – subparagraph 2 – point c
(c) factors that might affect supply, including but not limited to the geopolitical situation, logistics, energy supply, workforce or natural disasters, as well as the risk of human rights violations and lack of compliance with international sustainability standards and, when applicable, Union legislation;
Amendment 291 #
2023/0079(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 301 #
2023/0079(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Where an environmental impact assessment must be carried out for a Strategic Project in accordance with Articles 5 to 9 of Directive 2011/92/EU, the relevant project promoter shall, no later than 30 days after the notification of the recognition as Strategic Project, request an opinion to the national competent authority referred to in Article 8(1) on the scope and level of detail of the information to be included in the environmental impact assessment report under Article 5(1) of that Directive.
Amendment 333 #
2023/0079(COD)
Proposal for a regulation
Article 30 – paragraph 4 – point b
Article 30 – paragraph 4 – point b
Amendment 337 #
2023/0079(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The time-frame for consulting the public concerned on the environmental impact assessment report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 90 days and not shorter than 60 days in the case of Strategic Projects not involving extraction.
Amendment 338 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph -1 (new)
Article 33 – paragraph -1 (new)
Amendment 343 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a – introductory part
Article 33 – paragraph 1 – point a – introductory part
(a) tThe extent to which Strategic Partnerships concluded by the Union contribute towards: the objectives laid down in paragraph 1
Amendment 344 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a – point i
Article 33 – paragraph 1 – point a – point i
Amendment 346 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a – point ii
Article 33 – paragraph 1 – point a – point ii
Amendment 347 #
2023/0079(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that national, regional and local authorities responsible for preparing plans, including zoning, spatial plans and land use plans, include in such plans, where appropriate, provisions for the development of critical raw materials projects. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry and brownfield sites.
Amendment 348 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii
Article 33 – paragraph 1 – point a – point iii
Amendment 351 #
2023/0079(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Priority shall be given to projects with low environmental footprint. Special protection areas designated under Directive 2009/147/EC, special areas of conservation, sites of Community importance, and proposed Sites of Community Importance designated under Directive 92/43/EEC, areas for restoration measures referred to in [COM/2022/304 final Nature Restoration Law], protected areas referred to in Directive 2000/60/EC, fish stock recovery areas referred to in Regulation (EU) 1380/2013, protected areas referred to in Directive 2008/56/EC, and deep seas shall be excluded from the plans. Where plans including provisions for the development of critical raw material projects are subject to an assessment pursuant to Directive 2001/42/EC and pursuant to Article 6 of Directive 92/43/EEC, those assessments shall be combined. Where relevant, this combined assessment shall also address the impact on potentially affected water bodies and verify whether the plan would cause deterioration of the status or of the potential referred to in Article 4 of Directive 2000/60/EC or would potentially hamper that a water body achieves good status or good potential. Where relevant Member States are required to assess the impacts of existing and future activities on the marine environment, including land-sea interactions, as referred to in Article 4 of Directive 2014/89/EU, these impacts shall also be covered by the combined assessment.
Amendment 362 #
2023/0079(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The provisions set out in this Regulation are without prejudice to the obligations under Articles 6 and 7 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 Matters, signed at Aarhus on 25 June 1998, and under the UNECE Convention on environmental impact assessment in a transboundary context, signed at Espoo on 25 February 1991.
Amendment 365 #
2023/0079(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. All decisions adopted pursuant to this SecRegulation shall be made publicly available.
Amendment 366 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii
Article 33 – paragraph 1 – point c – point ii
(ii) whether a third country's regulatory framework ensures the monitoring, prevention and minimisation of expresses interest in ensuring that its regulatory framework or its effective implementation ensures the monitoring, prevention, minimisation and compensation of adverse social and environmental impacts of mining, the use of socially responsible practices including respect of human and labour rights and meaningful engagement with local communitiesand active participation in strategic projects decision-making by of affected local communities, in particular indigenous people, the use of transparent and responsible business practices, in line with the UN Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises and Due Diligence Guidelines for Responsible Supply Chains of Minerals from conflict- affected and high-risk areas the Convention on Biodiversity and the Kunming-Montreal Global Biodiversity Framework, and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 367 #
2023/0079(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
Amendment 370 #
2023/0079(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) assistance to project promoters to further increase the public acceptance ofprovide early and effective opportunities for the public concerned to participate in decision-making in relation to the project.
Amendment 374 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iii
Article 33 – paragraph 1 – point c – point iii
(iii) whether there are existing cooperation agreements between a third country and the Union and, for emerging markets and developing economies, whether the potential for the deployment of Global Gateway investment projects respond to shared visions (e.g. Country Mining Visions of Africa Mining Visions) and are fully aligned with national development plans (e.g. industrial and trade policies); respect human rights and contribute to the decoupling of natural resource use.
Amendment 376 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iii a (new)
Article 33 – paragraph 1 – point c – point iii a (new)
(iiia) whether civil society participation processes are in place in the partner country to enable participation of the public in the implementation of the partnership;
Amendment 378 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv a (new)
Article 33 – paragraph 1 – point c – point iv a (new)
(iva) for emerging markets and developing economies, whether partnerships contribute to the formalisation of the mining sector, especially the artisanal and small-scale mining sector, notably though developing conducive and comprehensive legal frameworks, ensuring access to capital, providing access to geological data and appropriate equipment for small-scale miners;
Amendment 383 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Board shall, in the context of paragraph 1 and 2 and in so far as relates to emerging market and developing economies, ensure cooperation and policy coherence for sustainable development, as enshrined in the UN 2030 Agenda, with other relevant coordination fora, including those established as part of the Global Gateway strategy. and the Union´s common commercial policy, including its investment components, and its Trade and Sustainable Development approach;
Amendment 391 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. They shall include extractive waste deposits.
Amendment 392 #
2023/0079(COD)
Proposal for a regulation
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
Amendment 420 #
2023/0079(COD)
National measures on consumption, mitigation and circularity
Amendment 424 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Each Member State shall by [OP please insert: 3 years after the date of entry into force of this Regulation] adopt and implement national programmes containing measures and national 2030 targets designed to:
Amendment 428 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point -a (new)
Article 25 – paragraph 1 – point -a (new)
(-a) significantly mitigate the annual consumption of critical raw materials compared to the high consumption scenario referred to in Article 1 (4a);
Amendment 432 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
(a) increase the collection of waste with highand sorting of waste containing a relevant amount of critical raw materials recovery potential and ensure their introduction into the appropriate recycling system, with a view to maximisingand reuse systems in line with Art. 4 of Directive 2018/851/EU, with a view to maximising the lifespan of products and the availability and quality of recyclable material as an input to critical raw material recycling facilities;
Amendment 445 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) increase the waste prevention, repair, preparation for re-use and re-use of products and components with highcontaining a relevant amount of critical raw materials recovery potential;
Amendment 466 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point e a (new)
Article 25 – paragraph 1 – point e a (new)
(ea) require the uptake of quality standards for recycling processes of complex waste streams like electronics waste, to ensure optimal material recovery.
Amendment 478 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
The programmmeasures referred to in points (a) to (c) of paragraph 1 shall cover in particular products and waste which are not subject to any specific requirement on collection, treatment, recycling or re-use under Union legislation. For other products and waste, the measures shall be implemented in coherence with existing Union legislation.
Amendment 480 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1 a (new)
Article 25 – paragraph 2 – subparagraph 1 a (new)
Member States shall adopt strategies to mitigate consumption of strategic raw materials in their sustainable urban mobility plans in accordance with article 4 and article 40 of Regulation XX/XXXX [OP please insert: the Trans European Transport Network Revision].
Amendment 481 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
With respect to points (a) and (b) of paragraph 1, the programmes referred to in that paragraph may include, without prejudice to Articles 107 and 108 of the TFEU, the introduction of financial incentives, such aseconomic instruments, such as those referred to in annex IVa of Directive 2018/851/EU, including discounts, monetary rewards or deposit-refund systems, to encourage the re-use of products with higha relevant amount of critical raw materials recovery potential and the collection of waste from such products, as well as other measures listed in Annex IVa of Directive 2008/98/EC on waste.
Amendment 486 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Each Member State shall by [OP please insert: 4 years after the date of entry into force of this Regulation] adopt and implement measures to promote the recovery of critical raw materials from extractive waste, in particular from closed waste facilities identified in the database created in accordance with Article 26 as containing potentially economically recoverable critical raw materials.
Amendment 503 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 1
Article 25 – paragraph 7 – subparagraph 1
The Commission shall adopt implementing acts specifying a list of products, components and waste streams that shall at least be considered as having a high critical raw materials recovery potentialrelevant amount of raw materials within the meaning of paragraph 1 (a) and (b).
Amendment 504 #
2023/0079(COD)
Proposal for a regulation
Article 25 – paragraph 7 – subparagraph 2 – point a
Article 25 – paragraph 7 – subparagraph 2 – point a
(a) the total amount and proportion of critical raw materials recoverable from those products, components and waste streams:
Amendment 528 #
2023/0079(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The study referred to in paragraph 1 shall at least include an estimation of the quantities and concentrations of critical raw materials contained in the extractive waste and in the extracted volume and an assessment of their present and future technical and economic recoverability.
Amendment 535 #
2023/0079(COD)
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. Member States shall establish a database of all closed waste facilities, including closed and abandoned waste facilities, located on their territory. This database shall contain information on:
Amendment 540 #
2023/0079(COD)
Proposal for a regulation
Article 26 – paragraph 6 – point a
Article 26 – paragraph 6 – point a
(a) for all closed waste facilities, Member States shall comprehensively review the available permitting files by [OP please insert: 1 year after the date of entry into force of this Regulation];
Amendment 545 #
2023/0079(COD)
Proposal for a regulation
Article 26 – paragraph 6 – point c
Article 26 – paragraph 6 – point c
(c) for such waste facilities where the activities described under points (a) and (b) of this paragraph have indicated potentially economically recoverable quantities of critical raw materials, Member States shall additionally carry out, by [OP please insert: 3 years after the date of entry into force of this Regulation], a more detailed analysis involving core logging or equivalent techniques, where this is environmentally sound in accordance with applicable environmental requirements at Union level and with the requirements of Directive 2006/21/EC where relevant.
Amendment 562 #
2023/0079(COD)
Proposal for a regulation
Article 27 – paragraph 10
Article 27 – paragraph 10
10. Products primariexclusively designed for defence or space applications shall be exempted from the requirements ofmaking publicly available the information required by this Article.
Amendment 567 #
2023/0079(COD)
Proposal for a regulation
Article 27 – paragraph 12 a (new)
Article 27 – paragraph 12 a (new)
12a. The Commission is empowered to adopt delegated acts in accordance with Article 36, where appropriate and on the basis of regularly performed feasibility and cost-benefit evaluations, to expand the provisions of this Article to more product components containing critical raw materials.
Amendment 578 #
2023/0079(COD)
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1
Article 28 – paragraph 3 – subparagraph 1
Amendment 583 #
2023/0079(COD)
Proposal for a regulation
Article 28 – paragraph 5 – subparagraph 2
Article 28 – paragraph 5 – subparagraph 2
Natural and legal persons placing on the market products referred to in paragraph 1 shall not provide or display labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the information referred to in paragraph 1. Products primarily designed for defence or space applications shall be exempted from the requirements of this Article.
Amendment 587 #
2023/0079(COD)
Proposal for a regulation
Article 28 – paragraph 6 a (new)
Article 28 – paragraph 6 a (new)
6a. The Commission is empowered to adopt delegated acts in accordance with Article 36, where appropriate and on the basis of regularly performed feasibility and cost-benefit evaluations, to expand the provisions of this Article to more product components containing critical raw materials.
Amendment 592 #
2023/0079(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Governments or multi-stakeholder organisations that have developed and oversee certification schemes related to the sustainability of critical raw materials ("scheme owners") may apply to have their schemes recognised by the Commission.
Amendment 613 #
2023/0079(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Where the Commission identifies deficiencies in a recognised scheme affecting the basis for the recognition, it may grant the scheme owner an appropriate period of timeree months to the scheme owner to take remedial action.
Amendment 616 #
2023/0079(COD)
Proposal for a regulation
Article 29 – paragraph 8
Article 29 – paragraph 8
8. The Commission shall establish and keep up-to-date a register of recognised schemes. That register shall be made publicly available on a free access website. This website shall also allow to collect feedback from all relevant stakeholders, including local communities, unions and worker-led organizations, and non-governmental organizations, concerning the implementation of recognised schemes and their fulfillment of the criteria referred to in Annex IV.
Amendment 620 #
2023/0079(COD)
Proposal for a regulation
Article 29 – paragraph 8 a (new)
Article 29 – paragraph 8 a (new)
8a. Scheme owners and companies adhering to a recognised scheme shall not be exempteded from any obligations under this Regulation, nor obligations arising from any national, Union or international law.
Amendment 632 #
2023/0079(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission is empowered toBy December 2025, the Commission shall adopt delegated acts in accordance with Article 36 to supplement this Regulation by establishing rules for the calculation and verification of the environmental footprint of differentall critical raw materials, in accordance with Annex V and taking into account scientifically sound assessment methods and relevant international standards. The calculation and verification rules shall identify which is the most important impact category. The footprint declaration shall be limited to that impact category. ies for different critical raw materials, including but not limited to, carbon footprint, impact on pollution, biodiversity, water consumption and waste disposal, and climate.
Amendment 635 #
2023/0079(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Commission mayshall adopt calculation and verification rules for a specific critical raw material ifonce it has concluded, having considered the various relevant environmental impact categories, that the critical raw material in question has a significant environmental footprint and that therefore an obligation to declare the environmental footprint of that material regarding the most important impact category, when placing it on the market, is necessary and proportionate to contribute to the Union’s climate and environmental objectives by. The Commission and Member States shall facilitatinge the supply of critical raw materials with the lowerst environmental footprint by prioritising these in the context of the provisions in section 3 and article 12 of this Regulation.
Amendment 652 #
2023/0079(COD)
Proposal for a regulation
Article 30 – paragraph 4 – point a – point i
Article 30 – paragraph 4 – point a – point i
(i) all relevant stakeholders, such as industry including downstream industry, SMEs and, where relevant, the craft industry, social partners, traders, retailers, importers, environmental protection groups and consumer organisations;
Amendment 657 #
2023/0079(COD)
Proposal for a regulation
Article 30 – paragraph 4 – point b
Article 30 – paragraph 4 – point b
(b) ensure that any such measure is not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade and is no more trade-restrictive than necessary to achieve the Union’s climate and environmental objectives, having regard to the ability of third-country suppliers to comply with such a declaration such that aggregate trade flows and critical raw materials costs are not disproportionately affected;
Amendment 661 #
2023/0079(COD)
Proposal for a regulation
Article 30 – paragraph 4 – point c
Article 30 – paragraph 4 – point c
Amendment 671 #
2023/0079(COD)
Proposal for a regulation
Article 30 – paragraph 7
Article 30 – paragraph 7
7. The Commission mayshall adopt delegated acts in accordance with Article 36 to supplement this Regulation by establishing environmental footprint performance classes for critical raw materials for which calculation and verification rules have been adopted pursuant to paragraph 1, in accordance with Annex V.
Amendment 674 #
2023/0079(COD)
Proposal for a regulation
Article 30 – paragraph 9 – subparagraph 2 a (new)
Article 30 – paragraph 9 – subparagraph 2 a (new)
By 31 December 2030, the Commission shall submit a report to the European Parliament and Council analysing options to limit the access to the European market only to raw materials belonging to the best performing environmental footprint performing classes referred to in paragraph 7. The Commission shall, where appropriate, accompany such report with legislative proposals.
Amendment 675 #
2023/0079(COD)
Proposal for a regulation
Article 30 – paragraph 9 – subparagraph 2 b (new)
Article 30 – paragraph 9 – subparagraph 2 b (new)
The Commission is empowered to adopt delegated acts in accordance with Article 36 to supplement the criteria for recognition of Strategic Projects referred to in Article 5 and require that the critical raw materials covered by the projects fall under the best performing environmental footprint performing classes referred to in paragraph 7.
Amendment 697 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point b a (new)
Article 35 – paragraph 6 – subparagraph 2 – point b a (new)
(ba) a subgroup to discuss the implementation of the provisions pursuant to Article 10 and Article 11, including to share best practices concerning public participation and stakeholders involvement; representatives of civil society organisations shall be invited as observers;
Amendment 698 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 6 – subparagraph 2 – point c
Article 35 – paragraph 6 – subparagraph 2 – point c
(c) a subgroup bringing together national supply and information agencies covering critical raw materials or, in the absence of such agency, the relevant national authority in charge of that matter, with the purpose of contributing to the monitoring tasks as set out in Article 19, including concerning the level of vital amount of strategic raw materials;
Amendment 706 #
2023/0079(COD)
Proposal for a regulation
Article 35 – paragraph 7 – subparagraph 2
Article 35 – paragraph 7 – subparagraph 2
Where appropriate, the Board mayshall invite experts, other third parties or representatives of third countrirepresentatives from industry, civil society, academia, trade unions and other representatives with expertise and reasonable interest to attend meetings of the standing or temporary sub- groups referred to in paragraph 6 as observers or to provide written contributions before decisions are taken.
Amendment 712 #
2023/0079(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. IWithout prejudice to the rules and obligations on access to environmental information established by Directive 2003/4/EC and by the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, information acquired in the course of implementing this Regulation shall be used only for the purposes of this Regulation and shall be protected by the relevant Union and national legislation.
Amendment 714 #
2023/0079(COD)
Proposal for a regulation
Article 44 a (new)
Article 44 a (new)
Amendment 724 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – introductory part
Annex III – point 4 – introductory part
4. Whether a project fulfils the criterion referred to in Article 5(1), point (c), shall be assessed taking into account a project’s compliance with the following Union legislation or international instruments and on the basis of the risk categories listed in paragraph 4a:
Amendment 736 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i a (new)
Annex III – point 4 – point i a (new)
(ia) International Bill of Human Rights, including the international covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;
Amendment 739 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i b (new)
Annex III – point 4 – point i b (new)
(ib) The principle of Free, Prior and Informed Consent (FPIC) as established in the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly in 2007;
Amendment 742 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i c (new)
Annex III – point 4 – point i c (new)
(ic) ILO Declaration on Fundamental Principles and Rights at Work;
Amendment 744 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i d (new)
Annex III – point 4 – point i d (new)
(id) Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at work;
Amendment 746 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i e (new)
Annex III – point 4 – point i e (new)
(ie) Ten Principles of the United Nations Global Compact;
Amendment 747 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i f (new)
Annex III – point 4 – point i f (new)
(if) UNEP Guidelines for Social Life Cycle Assessment of Products;
Amendment 748 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i g (new)
Annex III – point 4 – point i g (new)
(ig) Convention on Biological Diversity, in particular Decision COP VIII/28- Voluntary guidelines on Biodiversity-Inclusive impact assessment;
Amendment 749 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i h (new)
Annex III – point 4 – point i h (new)
(ih) UN Paris Agreement;
Amendment 750 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i i (new)
Annex III – point 4 – point i i (new)
(ii) ILO Convention 169 related to Indigenous and Tribal Peoples;
Amendment 751 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i j (new)
Annex III – point 4 – point i j (new)
(ij) EIB eligibility, excluded activities and excluded sectors list.
Amendment 752 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i k (new)
Annex III – point 4 – point i k (new)
(ik) OECD Anti-Bribery Convention and Anti-Corruption Guidelines;
Amendment 755 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – paragraph 1 – introductory part
Annex III – point 4 – paragraph 1 – introductory part
Project promoters may also attestsupplement proof of compliance with the criterion referred to in Article 5(1), point (c) by:
Amendment 756 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – paragraph 1 – point a
Annex III – point 4 – paragraph 1 – point a
(a) providing evidence that the project concerned is individually certified, at the level of the site, as part of a recognised scheme referred to in Article 29; or
Amendment 757 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – paragraph 1 – point b
Annex III – point 4 – paragraph 1 – point b
Amendment 758 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – paragraph 1 a (new)
Annex III – point 4 – paragraph 1 a (new)
Whether a project provides early and effective opportunities to the public concerned to participate in decision- making as referred to in Article 5(1), point (c), shall be assessed considering whether: (a) the public is informed, whether by public notices or other appropriate means such as electronic media where available, about the project and that relevant information about such project is made available to the public including inter alia information about the right to participate in decision-making and about the competent authority to which comments or questions may be submitted; (b) the public is entitled to express comments and opinions when all options are open before decisions on the project are made; (c) in making those decisions, due account is taken taken of the results of the public participation; (d) having examined the comments and opinions expressed by the public, the competent authority makes reasonable efforts to inform the public about the decisions taken and the reasons and considerations upon which those decisions are based, including information about the public participation process.
Amendment 760 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 a (new)
Annex III – point 4 a (new)
4a. Social and environmental risk categories: (a) environment, climate and human health considering direct, induced, indirect and cumulative effects, including but not limited to: (i) air, including but not limited to air pollution, including greenhouse gas emissions; (ii) water, including seabed and marine environment and including but not limited to water pollution, water use, water quantities (flooding or droughts) and access to water; (iii) soil, including but not limited to soil pollution, soil erosion, land use and land degradation; (iv) biodiversity, including but not limited to damage to habitats, wildlife, flora and ecosystems, including ecosystem services; (v) hazardous substances; (vi) noise and vibration; (vii) plant safety; (viii) energy use; (ix) waste and residues; (b) human rights, labour rights and industrial relations, including but not limited to: (i) occupational health and safety; (ii) child labour; (iii) forced labour; (iv) discrimination; (v) trade union freedoms; (c) community life, including that of indigenous peoples.
Amendment 762 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 b (new)
Annex III – point 4 b (new)
4b. The assessment of whether a project provides monitoring, prevention and minimisation of environmental and climate impacts as referred to in Article 5(1), point (c), shall include, inter alia, consideration of whether the project promoter has made proper practical and financial arrangements for the return of the site to its prior environmental state after the end of exploitation;
Amendment 764 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point a
Annex IV – paragraph 1 – point a
(a) it is open under transparent, fair and non-discriminatory terms to all economic operators willing and able to comply with the scheme’s requirements, as well as to all relevant stakeholders such as local communities, unions and worker-led organizations, and non-governmental organizations, and it has a multistakeholder governance;
Amendment 768 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point b – point i
Annex IV – paragraph 1 – point b – point i
(i) requirements ensuring environmentally sustainable practices according to the global state-of-the art, including requirements ensuring environmental management and impact mitigation, and ensuring that the site returns to its prior environmental state after the end of exploitation;
Amendment 784 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point b – point ii
Annex IV – paragraph 1 – point b – point ii
(ii) requirements for ensuring socially responsible practices, including respect for human rights, the rights of indigenous people and labour rights;
Amendment 788 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point b – point iii
Annex IV – paragraph 1 – point b – point iii
(iii) requirements for ensuring business integrity and transparency including requirements to apply sound management of financial, environmental and social matters and anti-corruption and bribery policies in line with the OECD Guidelines listed in Annex III point 4;
Amendment 792 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point b – point iii a (new)
Annex IV – paragraph 1 – point b – point iii a (new)
(iiia) requirements for ensuring good governance principles, including meaningful engagement with and active participation of the public concerned, including affected and local communities all along the stages of the project, tangible guarantees against social and environmental risks ensuring the liability of economic operators during and after the end of the operational phase of the project, and a fair compensation mechanism for the affected and local communities;
Amendment 799 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point c
Annex IV – paragraph 1 – point c
(c) verification and monitoring of compliance is objective, based on international, Union or national standards, requirements and procedures and carried out by a third party independently from the relevant economic operator;
Amendment 815 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point d a (new)
Annex IV – paragraph 1 – point d a (new)
(da) it includes on-site audits with face- to-face consultations with relevant stakeholders including local communities, civil society, workers and trade unions, as well as audit reports that are made publicly available, and a grievance mechanism in accordance with the UN Guiding Principles;
Amendment 821 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point d b (new)
Annex IV – paragraph 1 – point d b (new)
(db) the full audit report and remediation plans are made public and include sufficient detail;
Amendment 823 #
2023/0079(COD)
Proposal for a regulation
Annex IV – paragraph 1 – point d c (new)
Annex IV – paragraph 1 – point d c (new)
(dc) the scheme takes adequate measures to ensure that audited companies address environmental and human rights harm identified during audits.
Amendment 831 #
2023/0079(COD)
Proposal for a regulation
Annex V – Part 5 – paragraph 1 – introductory part
Annex V – Part 5 – paragraph 1 – introductory part
The calculation rules shall specify the impact categoryies that needs to be included in the environmental footprint calculation. The choice shall be based on the hotspot analysis performed in line with scientifically sound methodologies developed at international level and taking into account the:
Amendment 3 #
2023/0038M(NLE)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to its resolution of 6 October 2022 on the outcome of the Commission’s review of the 15-point action plan on trade and sustainable development,
Amendment 5 #
2023/0038M(NLE)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the Commission communication of 11 December 2019 on the European Green Deal (COM(2019)0640),
Amendment 7 #
2023/0038M(NLE)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
– having regard to the UN Framework Convention on Climate Change, including the Paris Agreement of 2015,
Amendment 9 #
2023/0038M(NLE)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
– having regard to the core conventions of the International Labour Organization (ILO),
Amendment 13 #
2023/0038M(NLE)
Motion for a resolution
Recital A
Recital A
A. whereas the EU and New Zealand share fundamental values, such as respect for human rights, democracy and the rule of law, and both support a rules-based trading system, with the World Trade Organization (WTO) as its centrepiece; whereas both parties are committed to fighting climate change and protecting social rights and are bound by the Paris Agreement and ILO Conventions; whereas New Zealand has committed to stopping fossil fuel subsidies;
Amendment 15 #
2023/0038M(NLE)
Motion for a resolution
Recital B
Recital B
B. whereas New Zealand is situated in the dynamic Indo-Pacific region and is a member of the Comprehensive and Progressive Trans-Pacific Partnership and the Regional Comprehensive Economic Partnership, the Asia-Pacific Economic Cooperation (APEC) and the Indo-Pacific Economic Framework for Prosperity (IPEF) ; whereas New Zealand is a cosponsor of the WTO Trade and Environmental Sustainability Structured Discussion (TESSD) and a founder of the Agreement on Climate Change, Trade and Sustainability (ACCTS) aimed at liberalizing tariffs for environmental goods and phasing out fossil fuel subsidies;
Amendment 19 #
2023/0038M(NLE)
Motion for a resolution
Recital C
Recital C
C. whereas bilateral trade in goods between the EU and New Zealand was worth EUR 9 billion in 2022 and the value of trade in services amounted to EUR 3.5 billion in 2021; whereas the EU was New Zealand’s third-largest trading partner in goods in 2022; whereas New Zealand is a world leading exporter of agricultural products;
Amendment 26 #
2023/0038M(NLE)
Motion for a resolution
Recital G
Recital G
G. whereas this is the first EU trade agreement aligned with the EU’s new approach to trade and sustainable development, which considers sanctions as last resort in cases of breach of the Paris Agreement and core ILO Conventions;
Amendment 32 #
2023/0038M(NLE)
Motion for a resolution
Recital H
Recital H
H. whereas open, fair and sustainable development-oriented trade is one of the four pillars of the EU’s Green Deal industrial plan; whereas trade agreements shall support and not contradict EU Green Deal’s objectives and targets and such alignment should be closely monitored;
Amendment 36 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers this agreement to be of major significance for bilateral relations between the EU and New Zealand and the promotion of rules- and values-based trade, in line with the European Green Deal;
Amendment 41 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the fact that, as the most ambitious and comprehensive EU trade deal ever concluded, the agreement delivers on the priorities set out in Parliament’s resolutions of 25 February 2016 and 26 October 2017; notes that the agreement includes a dispute settlement mechanism to ensure that the rights and obligations contained therein are respected;
Amendment 44 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes noteWelcomes that the agreement integrates, for the first time, the new EU approach to trade and sustainable development and incorporates an unprecedented level of environmental and labour commitments to effectivelythat the Paris Agreement and the core ILO conventions are included in the general dispute settlement chapter, thereby introducing the possibility of sanctions; underlines that this structural implrovement International Labour Organization (ILO) conventions ratified by the parties and the Paris Agreement; points out the possibility of trade sanctions as a last resort, in instances of serious violationsets the new minimum standard for trade agreements and must now become a pre-condition for FTAs between the EU and third parties, both for future agreements, agreements under negotiation as well as in case of modernisation of standing FTA’s; calls on the Commission to develop more detailed guidance to ensure enforceability inter alia by defining precisely which actions would be considered as infringements of the Paris Agreement; and the core ILO standards; believes that the FTA sets a benchmark in this area; is aware that these levels may not be matched by future FTAs with less like- minded partnersks for specific targets, actions and timelines to be defined in complement to the primarily cooperative activities to achieve sustainable practices;
Amendment 49 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that New Zealand has not yet ratified several ILO conventions relevant for ensuring fair labour conditions, namely fundamental convention 87 related to the freedom of association and right to collective bargaining, and convention 138 pertaining to the effective abolition of child labour;
Amendment 50 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Welcomes the recognition by both parties of the need to phase out fossil fuels and to cooperate to this end; calls upon the Parties to develop an implementation roadmap to clarify their bilateral ambition and the joined-up efforts in relevant international fora;
Amendment 53 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the inclusion of athe first chapter on Māori trade and economic cooperation, together with specific provisions regarding Māori in several other places in the agreement, and stresses the importance of all citizens and companies in the EU and New Zealand being able to benefit from the trade and investment opportunities that the agreement brings; regrets, however, that this chapter is not subject to the general dispute settlement chapter;
Amendment 54 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for both parties to recognise and improve the rights of indigenous peoples, both within the trade agreement and more broadly, in line with the UN Declaration on the Rights of Indigenous Peoples; recalls that protection of the environment and biodiversity can be better assured through cooperation with indigenous peoples, and that legal mechanisms of involvement and cooperation, must be codesigned with indigenous people and must include the principle of Free Prior and Informed Consent, in order to ensure their genuine participation;
Amendment 60 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the agreement will level the playing field with other trading partners that already have FTAs with New Zealand; notes the high level of tariff liberalisation under the agreement, which will entail the removal of 100 % of New Zealand tariffs on EU exports at entry into force and the lifting of 98.5 % of EU tariffs on New Zealand trade after seven years; believes that the sensitive character of certain European agricultural sectors has been duly reflected by well-calibrated concessions in the form of tariff-rate quotas and longer transition periodscalls upon the Commission to regularly monitor developments in the agricultural sectors most exposed to New Zealand exports, such as sheep meat; welcomes the inclusion of dedicated chapters on sustainable food systems and animal welfare respectively and an ambitious chapter on sanitary and phytosanitary matters; stresses the need to ensure that the trade agreement does not contradict a strategy towards sustainable home-grown fruit and vegetables, promoting healthy quality food and regenerative agricultural practices;
Amendment 61 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that the EU and New Zealand legislations on the use of pesticides exhibit certain differences, notably in their regulation of seeds treated with pesticides, which may lead to divergent legislative treatment of pesticides or pesticide-treated products; calls on the Commission to clarify how it will ensure coherence in standards applied to imports and EU produce, and whether specific cooperation or mirror measures will be considered to ensure protection of biodiversity and soil health both in New Zealand and the EU;
Amendment 69 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Welcomes that the EU-NZ FTA contains a chapter on animal welfare; recalls that New Zealand has prohibited the transport of live animals by sea and that exchanges on this matter are of particular interest for the EU in enhancing its animal welfare practices;
Amendment 70 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Highlights that the EU intends to update and improve its animal welfare standards through a review of animal welfare legislation in the near future, including a phase-out of cage farming; reminds that this and future FTAs should foresee animal welfare-related mirror clauses, responding to citizens’ expectations, as per Eurobarometer 442; highlights the need for cooperation with New Zealand in light of the upcoming legislative proposals on animal welfare, in order to ensure common increased ambition;
Amendment 71 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Highlights that in accordance with the environmental ambitions of the European Green Deal, the pricing of agricultural products and foodstuffs should better reflect the costs on society and environment that currently are externalised; calls for working groups to address this issue under the Committee on the SFS;
Amendment 72 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Highlights that cooperation provisions in the Sustainable Food Systems and the Animal Welfare Chapters should be leveraged to further policy and knowledge exchange on outcomes for sustainable agricultural practices;
Amendment 78 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets that patent protection periods go beyond WTO requirements and may have negative impact in terms of access to affordable medicines;
Amendment 79 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that the market-access commitments on goods, given the removal of relatively high duties on industrial products such as cars and textiles, and the commitments on services, including delivery, telecommunications, financial and international maritime transport services, have the potential to significantly boost bilateral trade; considers that the agreement promotes transparency and the use of international standards to facilitate market access, while safeguarding the levels of protection that each party deems appropriate; appreciates New Zealand’s acceptance of EU type-approval certificates and the provisions of the annex on wine and spirits, which will respectively facilitate trade in the vehicles and wine and spirits sectors; believes that the agreement has the potential to boost the green transition, by liberalizing green goods and including novel circular economy provisions; underlines that in order to facilitate trade and investment in innovative environmental goods, the FTA’s list of these goods should be subject to systematic review;
Amendment 85 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the fact that the EU and New Zealand will reciprocally open up their procurement markets beyond what is already covered under the WTO Agreement on Government Procurement; calls on both Parties to adopt sustainability criteria for procurement markets in accordance with the provisions of the EU Treaty ;
Amendment 92 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls upon the Parties to establish quickly their respective Domestic Advisory Group after the entry into force of the agreement and to make sure that they will be enabled to function properly and to contribute actively to the implementation of the agreement, especially when it comes to the sustainability impacts;
Amendment 93 #
2023/0038M(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Commits to carefully monitoring the implementation of the agreement, in close cooperation with the Commission, the stakeholders and the EU’s New Zealand partners; urges both Parties to cooperate in international fora, especially the WTO, to accelerate the phase out and elimination of fossil fuel subsidies and to tackle trade-related transport emissions;
Amendment 45 #
2023/0033(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Lead and its inorganic compounds are key occupational reprotoxicants that can affect both fertility and the development of the foetus and meet the criteria for classification as toxic for reproduction (category 1A) in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council and are therefore a reprotoxic substances within the meaning of Article 2, point (ba), of Directive 2004/37/EC. Studies show that lead accounts for around half of all occupational exposure to reprotoxic substances.
Amendment 51 #
2023/0033(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Oral and inhalation exposure are both relevant routes for the uptake of lead and its inorganic compounds into the human body. Taking into account the most recent scientific data and new findings with regard to lead and its inorganic compounds, it is necessary to improve the protection of workers exposed to a potential health risk, by reducing both the occupational exposure and biological limit values for lead. Therefore, a revised biological limit value equal to 15 µg/100ml blood, accompanied by a revised occupational exposure limit value equal to 0.03 mg/m3 as an 8-hour time-weighted average (TWA) should be established.
Amendment 53 #
2023/0033(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
Amendment 57 #
2023/0033(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) In its initiative report on a new Union strategic framework on health and safety at work post 2020 (including better protection of workers from exposure to harmful substances, stress at work and repetitive motion injuries) of 9 February 2022, the European Parliament noted that a BLV of 15 µg Pb/100ml (150 µg Pb/L) “does not protect women and especially pregnant women properly” and called for revised exposure limit values for lead and its compounds while ensuring equal protection for all workers regardless of gender.
Amendment 60 #
2023/0033(COD)
Proposal for a directive
Recital 7 c (new)
Recital 7 c (new)
(7c) This Directive respects the fundamental rights recognised in the Charter of Fundamental Rights of the European Union, in particular the prohibition of discrimination on the ground of sex and the right to fair and just working conditions provided for, respectively, in Articles 21 and 31 thereof. Moreover, it complies with Principle No 10 of the European Pillar of Social Rights, according to which workers have the right to a healthy, safe and well- adapted work environment. The right of workers to the protection of health and safety at work includes the right to protection from the effects of lead and its inorganic compounds on future generations, such as the negative impacts on the reproductive capacity of men and women, as well as on foetal development. Therefore, a revised BLV equal to 4.5 µg/100ml blood, accompanied by a revised OEL equal to 4 µg Pb/m3 TWA should be established, to ensure the protection of workers who are occupationally exposed to lead, irrespective of their sex. Such a revised BLV is also intended to foster the full participation of women of child- bearing age in economic sectors targeted by the European Green Deal, such as the production of sustainable and circular batteries, in support of the Union’s energy transition.
Amendment 63 #
2023/0033(COD)
Proposal for a directive
Recital 7 d (new)
Recital 7 d (new)
(7d) A survey conducted by the Pb REACH consortium in 2020 indicated that P90’s for worker blood lead levels across the EU in the primary metal producers, battery manufacturers and recyclers were 27, 29 and 28 μg Pb/100ml respectively. This information suggests that it will not be technically feasible for many Industrial operations to achieve compliance with a BLV of 4,5μg Pb/dL for all workers due to exposure that has occurred before coming into force of the Directive, without the adoption of appropriate transitional measures, especially if workplaces contain a high number of long service employees. Therefore a transitional BLV of 30 μg Pb/dL will apply to workers already working in the primary or secondary lead industry and showing a BLV higher than 4,5 μg Pb/dL during a transitional period of 5 years from the entry into force of the recast of Directive 2004/37/EC. __________________ https://op.europa.eu/en/publication- detail/-/publication/03b0cc5a-5e22-11ec- 9c6c-01aa75ed71a1/language-en/format- PDF
Amendment 65 #
2023/0033(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Moreover, to strengthen the health surveillance of workers exposed to lead and its inorganic compounds and thus contribute to the prevention and protection measures to be undertaken by the employer, it is necessary to amend the existing requirements that apply when workers are exposed to certain levels of lead and its inorganic compounds. To that end, detailed medical surveillance should be required when exposure to lead and its inorganic compounds exceeds 0.015 m2 µg/m3 in air (50% of current OEL) or 92.7 µg/100ml blood (approx. 60% of the current BLV).
Amendment 70 #
2023/0033(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Workers who have been occupationally exposed to lead over several years may have accumulated blood-lead levels well above the revised BLV. In the opinion of Committee for Risk Assessment, adverse health effects can already be observed at blood-lead levels that fall within the current BLV of 70 µg Pb/100ml. If possible, employers should move such workers to other tasks in the workplace to ensure the fastest possible decrease in such workers’ blood- lead levels. In the event that granting another job is not possible, more frequent monitoring of blood lead levels should be conducted.
Amendment 73 #
2023/0033(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Specific measures should be put in place with regard to risk management, including specific health surveillance that should take into consideration the circumstances of individual workers. Under the general requirements of Directive 2004/37/EC, employers are obliged to ensure the substitution of the substance when technically possible, the use of closed systems, or the reduction of exposure to as low as technically possible. In addition, as suggested in the opinion of the Advisory Committee on Safety and Health at Work90 , the blood level of lead and its inorganic compounds in women of childbearing age should not exceed the reference values of the general population not occupationally exposed to lead and its inorganic compounds in the respective Member State. The Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA), established by Regulation (EC) No 1907/2006 of the European Parliament and of the Council91 , advised the use of a biological guidance value (BGV) as there was insufficient scientific evidence to set a BLV for women of childbearing age. When nationSince lead is a non-threshold reprotoxic substance, preventive medical surveillance should be one of the most important protection measures for lead- exposed workers, in addition to technical preference levels are not available, blood levels of lead and its inorganic compounds in women of childbearing age should not exceed the BGV of 4.5 µg/100ml, as recommended by the opinion of the RAC92. The BGV is an indicator of exposure but not of identifiable adverse health effects. Therefore, it acts as a sentinel marker to alert employers on the need to pay specific attention to this specific potential risk and to introduce measures to ensure that any exposure to lead and its inorganic compounds does not result in adverse developmental health effects in the foetus or offspring of female workers. __________________ 90 ACSH opinion on lead (2021). https://circabc.europa.eu/ui/group/cb9293 be-4563-4f19-89cf- 4c4588bd6541/library/60b206e1-ee10- 40c2-9540-fb6510c11a0c/details 91 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restricventive measures to be taken by the employer. Under the general requirements of Directive 2004/37/EC, employers are obliged to ensure the substitution of Cthemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1.) 92 On the evaluation of the occupational exposure limits for lead and its compounds, delivered on 11 June 2020. (See section 8.2.4. of the annex to the opinion). https://echa.europa.eu/documents/10162/e d7a37e4-1641-b147-aaac-fce4c3014037 substance when technically possible, the use of closed systems, or the reduction of exposure to as low as technically possible.
Amendment 85 #
2023/0033(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Diisocyanates can be absorbed through the skin and exposure to diisocyanates at the place of work may also result in dermal sensitisation and sensitisation of the respiratory tract. It is therefore appropriate to establish an occupational exposure limit of 6 µg NCO/m³ and a short-term exposure limit of 12 µg NCO/m³ for this group of chemical agents and to assign a skin, dermal and respiratory sensitisation notation to it.
Amendment 88 #
2023/0033(COD)
Proposal for a directive
Recital 13
Recital 13
(13) It may be difficult to comply with an occupational exposure limit equal to 6 µg NCO/m³ for diisocyanates, accompanied by an associated short-term exposure limit equal to 12 µg NCO/m³. This difficulty is due to technical measurement feasibility issues and the time needed to implement risk management measures in particular in downstream sectors involving activities such as applications of paints, work with lead metal, demolition, repair and scrap management, other waste management and soil remediation. Therefore, a transitional value of 10 µg NCO/m³ with an associated short- term exposure limit equal to 20 µg NCO/m³ should apply until 31 December 2028.
Amendment 97 #
2023/0033(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Following the adoption of the Commission Delegated Regulation (EU) 2023/7071a and the introduction of a new hazard class for endocrine disruptors, such substances should be covered by Union health and safety law. It is therefore necessary to consider extending the scope of Directive 2004/37/EC to endocrine disruptors, which have the ability to interfere with the hormonal system and can therefore induce adverse health effects. __________________ 1a Commission Delegated Regulation (EU) 2023/707 of 19 December 2022 amending Regulation (EC) No 1272/2008 as regards hazard classes and criteria for the classification, labelling and packaging of substances and mixtures (OJ L 93, 31.3.2023, p. 7)
Amendment 100 #
2023/0033(COD)
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15b) To ensure a comprehensive level of protection, it is necessary to consider the effects of combined exposure to multiple substances. In the workplace, workers are often exposed to a cocktail of hazardous substances, which can increase risks and cause adverse health effects. In the case of exposure to a combination of substances acting by the same mode of action or at the same target cell or tissue, it is necessary to adapt the implementation of their possible limit values to take into account the combined effects.
Amendment 104 #
2023/0033(COD)
Proposal for a directive
Recital 15 c (new)
Recital 15 c (new)
(15c) The World Health Organization classified the occupational exposure of firefighter as carcinogenic to humans (Group 1). Occupational exposure as a firefighter includes a variety of hazards resulting from fires and non-fire events. Firefighters can be exposed to combustion products from fires, building materials, chemicals in firefighting foams, flame- retardants and diesel exhaust. The uptake of fire effluents or other chemicals can occur via inhalation and dermal absorption and possibly via ingestion. Such workers should therefore be better protected from such exposure.
Amendment 106 #
2023/0033(COD)
Proposal for a directive
Recital 15 d (new)
Recital 15 d (new)
(15d) Union action, such as the European Green Deal launched in the Commission communication of 11 December 2019 and the Critical Raw Material initiative launched in the Commission communication of 16 March 2023 on A secure and sustainable supply of critical raw materials in support of the twin transition1, promote sustainable development, which requires a balance between environmental, economic, and social considerations. By enacting binding occupational exposure limits of carcinogens, mutagens and reprotoxic substances, workers are better protected from harm and can continue to work as safely as possible in industries that produce critical raw materials or contribute to the green economy. This, in turn, promotes a just green and digital transition by ensuring that workers’ health are not compromised at the expense of the Union’s economic and environmental goals. Protecting workers from exposure to hazardous substances also contributes to the objectives of Europe’s Beating Cancer Plan, set out in the Commission communication of 3 February 2021. __________________ 1 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on A secure and sustainable supply of critical raw materials in support of the twin transition (COM(2023) 165 final).
Amendment 109 #
2023/0033(COD)
Proposal for a directive
Recital 15 e (new)
Recital 15 e (new)
(15e) Due to unpredictable exposure to certain substances, a mix of substances or constraints in the organisation of work, some occupations should be considered to be carcinogenic per se. It is difficult in some occupations to predict and prepare for the extent to which workers will be exposed to substances or mixes of substances. It is to be expected that the World Health Organization’s list of carcinogenic hazards will be expanded in accordance with the increasing amount of data and the progress of medical and scientific research, which highlight the carcinogenic nature of some occupations. Therefore, a non-exhaustive Union list of occupations that are considered to be carcinogenic would help employers identify recognised professions at risk and would facilitate the implementation of adequate protective measures and training pursuant to Directives 98/24/EC and 2004/37/EC. While the protective measures under Directives 98/24/EC and 2004/37/EC should not be exclusive to occupations on that list, it would provide employers with guidance.
Amendment 110 #
2023/0033(COD)
Proposal for a directive
Recital 15 f (new)
Recital 15 f (new)
(15f) The circular economy and the waste collecting, sorting and recovery sectors are growing fast to meet the objectives of the European Green Deal, to ensure the sustainability of European industry and to ensure greater strategic autonomy to the Union. However, those positive developments raise many occupational health and safety issues for workers in that industry, who, by the very nature of their activity, are likely to be disproportionately exposed to harmful substances. Exposure to lead, mercury and other hazardous metals in waste recycling facilities is for example already a reality for many such workers. Ambitious protective measures, adequate prevention policies, as well as good quality working conditions are necessary to reduce the risks of exposure to hazardous substances and to ensure a high level of protection.
Amendment 113 #
2023/0033(COD)
Proposal for a directive
Recital 15 g (new)
Recital 15 g (new)
(15g) The informal sector is proportionally over-represented in the waste collecting, sorting and recovery sectors. A high exposure to risks, including harmful substances, combined with a low level of social protection place most informal economy workers in a very vulnerable situation. Preventive measures, in the form of occupational health and safety management systems and a general safety culture, to reduce risks at work often do not reach the informal economy. Special attention should be paid to those precarious workers in order to offer safe working conditions and environments as well as equal treatment with workers in the same sector or in sectors that are better regulated.
Amendment 115 #
2023/0033(COD)
Proposal for a directive
Recital 15 h (new)
Recital 15 h (new)
(15h) Benzene meets the criteria for classification as carcinogenic (category 1A) in accordance with Regulation (EC) No 1272/2008 and is therefore carcinogen within the meaning of Directive 2004/37/EC. Benzene can also be absorbed through the skin. The limit value set out in Annex III to Directive 2004/37/EC for benzene should be revised in the light of more recent scientific data no later than 1 January 2030 in accordance with the ACSH opinion and it is appropriate to keep the skin notation. The ACSH, based on the RAC opinion, also agreed on the usefulness of the biomonitoring for benzene. This should be considered when developing guidance on the practical use of biomonitoring.
Amendment 116 #
2023/0033(COD)
Proposal for a directive
Recital 15 i (new)
Recital 15 i (new)
(15i) Following the amendments to Annex III to Directive 2004/37/EC, as set out in this Directive, further limit values for additional substances or group of substances and processes should be introduced by the end of 2024. Between 50 and 70 substances or group of substances have been identified by different agencies, stakeholders, and the World Health Organization in priority lists of workplace carcinogens, mutagens and reprotoxic substances for which binding limit values are needed. [The Commission should, no later than the end of 2023, update its action plan to achieve occupational exposure limits for at least 5 additional substances or group of substances or process generated substances.] The additional substances or group of substances referred to in Annex III to Directive 2004/37/EC should include but not be limited to substances and processes such as lithium and lithium compounds, methyl hydrazine, 1,3- propanesultone, welding fumes and leather dust.
Amendment 122 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory wording (new)
Article 2 – paragraph 1 – introductory wording (new)
Directive 2004/37/EC is amended as follows:
Amendment 126 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Directive 2004/37/EC
Article 2 – point b
Article 2 – point b
(1) in Article 2(1), point (b) is replaced by the following: "(b) ‘mutagen’ means: (i) a substance or mixture which meets the criteria for classification as a category 1A or 1B germ cell mutagen set out in Annex I to Regulation (EC) No 1272/2008 ; (ii) a substance, mixture or process referred to in Annex I to this Directive as well as a substance or mixture released by a process referred to in that Annex; "
Amendment 129 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Directive 2004/37/EC
Article 2 –point b a
Article 2 –point b a
(2) in Article 2(1), point (ba) is replaced by the following: "(ba) ‘reprotoxic substance’ means: (i) a substance or mixture, which meets the criteria for classification as a category 1A or 1B reproductive toxicant set out in Annex I to Regulation (EC) No 1272/2008; (ii) a substance, mixture or process referred to in Annex I to this Directive as well as a substance or mixture released by a process referred to in that Annex; "
Amendment 133 #
2023/0033(COD)
Article 2 – paragraph -1 – point 3 (new)
Directive 2004/37/EC
Article 2 – point e a (new)
Article 2 – point e a (new)
(3) in Article 2(1), the following point is added: “(ea) 'hazardous medicinal products’ or HMP’ means medicinal products that contain one or more substances that meet the criteria for classification as carcinogenic (category 1A or 1B), mutagenic (category 1A or 1B) or toxic for reproduction (category 1A or 1B) in accordance with Regulation (EC) No 1272/2008.”
Amendment 136 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph -1 – point 4 (new)
Article 2 – paragraph -1 – point 4 (new)
Directive 2004/37/EC
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
(4) in Article 5, the following paragraph 4a is inserted: “4a. In the case of exposure to a combination of substances acting by the same mode of action or at the same target cell or tissue, the implementation of the possible limit values of those substances shall be adapted to take into account the combined effects in accordance with Union guidelines to be developed pursuant to Article 18a.”
Amendment 141 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph 1 e (new)
Article 2 – paragraph 1 e (new)
Directive 2004/37/EC
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
(5) in Article 5, the following paragraph is added: “5a. Biological levels shall not exceed the biological limit value for a carcinogen, mutagen or a reprotoxic substance set out in Annex IIIa.”
Amendment 156 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph 1 f (new)
Article 2 – paragraph 1 f (new)
Directive 2004/37/EC
Article 18 a – paragraph 7 a (new)
Article 18 a – paragraph 7 a (new)
(6) in Article 18a, the following paragraph is added: “By ... [one year after the date of entry into force of this amending Directive], the Commission shall, taking into account the latest developments in scientific knowledge and the opinion of the Committee for Risk Assessment of the European Chemicals Agency established by Regulation (EC) No 1907/2006, and after appropriate consultation of relevant stakeholders, prepare Union guidelines on how the implementation of the limit values referred to in Article 5(4) and 5(4b) are to be adapted in the case of exposure to a combination of substances. Those guidelines shall be published on the EU- OSHA website and shall be disseminated in all Member States by the relevant competent authorities.”
Amendment 157 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph 1 g (new)
Article 2 – paragraph 1 g (new)
Directive 2004/37/EC
Article 18 a – paragraph 7 b (new)
Article 18 a – paragraph 7 b (new)
(7) in Article 18a, the following paragraph is added: “By ... [x months after the date of entry into force of this amending directive], the Commission shall review the implementation of this Directive. In the context of that review, its shall consider whether further amendments to this Directive are appropriate, shall assess the feasibility of including endocrine disrupters within the scope of this Directive and, where appropriate, shall present a legislative proposal.”
Amendment 158 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph 1 h (new)
Article 2 – paragraph 1 h (new)
Directive 2004/37/EC
Article 18 a – paragraph 7 c (new)
Article 18 a – paragraph 7 c (new)
(8) in Article 18a, the following paragraph is added: “By ... [twelve months after the date of entry into force of this amending Directive], the Commission shall, after consulting the ACSH, develop a definition of ‘carcinogenic occupations’. A non- exhaustive list of such occupations shall be annexed to this Directive.”
Amendment 159 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph 1 i (new)
Article 2 – paragraph 1 i (new)
Directive 2004/37/EC
Article 18 a – paragraph 7 d (new)
Article 18 a – paragraph 7 d (new)
(9) in Article 18a, the following paragraph is added: “By ... [twelve months after the date of entry into force of this amending Directive], the Commission shall, after consulting the ACSH, develop guidelines as regards historical occupational exposure to lead, in particular the protection and reduction of exposure for workers whose blood-level levels are above the biological limit value. Those guidelines shall be published on the EU- OSHA website and shall be disseminated in all Member States by the relevant competent authorities.”
Amendment 160 #
2023/0033(COD)
Proposal for a directive
Article 2 – paragraph 1 h (new)
Article 2 – paragraph 1 h (new)
Directive 2004/37/EC
Article 18 a – paragraph 7 e (new)
Article 18 a – paragraph 7 e (new)
In Article 18a, the following paragraph is added: “No later than 1 January 2028, the Commission shall, taking into account the RAC opinion of 2018 and the latest developments in scientific knowledge, start evaluating the feasibility of a further reduction of the limit value for Benzene. No later than 1 January 2030, the Commission shall propose, where appropriate, necessary amendments and modifications related to that substance.”
Amendment 165 #
2023/0033(COD)
Proposal for a directive
Annex I
Annex I
Directive 98/24/EC
Annex I
Annex I
Amendment 175 #
2023/0033(COD)
Proposal for a directive
Annex II – point 1
Annex II – point 1
Directive 2004/37/EC
Annex III – point A – row 31
Annex III – point A – row 31
(1) in Annex III, point A, the row related to inorganic lead and its compounds is replaced by the following: EC No CAS Limit values EC No CAS 8 hours (3) Short-term (4) Transitional Name of agent (1) No (2) 8 hours (3) Short-term (4) Notati Notati measures mg/m3 Ppm f/ml mg/m3 ppm f/ml on (5) (6) (7) Inorganic lead and 0.0304 its compounds (1) EC No, i.e. Einecs, ELINCS or NLP, is the official number of the substance within the European Union, as defined in Section 1.1.1.2 in Annex VI, Part 1, to Regulation (EC) No 1272/2008. (2) CAS No: Chemical Abstract Service Registry Number. (3) Measured or calculated in relation to a reference period of eight hours time-weighted average (TWA) (4) Short-term exposure limit (STEL). A limit value above which exposure should not occur and which is related to a 15-minute period unless otherwise specified. (5) mg/m3 = milligrams per cubic metre of air at 20 °C and 101,3 kPa (760 mm mercury pressure) (6) ppm = parts per million by volume in air (ml/m3). (7) f/ml = fibres per millilitre.’;
Amendment 21 #
2022/2170(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement directive and repealing Directive 2004/18/EC,
Amendment 27 #
2022/2170(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas urgent action to mitigate climate change is needed across all sectors in order to reduce and control its short, medium and long-term impact on economy, employment, environment, well- being, and health;
Amendment 28 #
2022/2170(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the green transition will greatly expand economic activities related to renewable energy, energy efficiency and the circular economy, while transforming other economic activities; whereas this will add up to 2 million new jobs in the EU in the short to medium term, and up to 10 million more as the transition advances; whereas the circular economy can contribute to the creation of around 700,000 jobs in the EU alone by 2030; whereas reuse is a labour-intensive circular activity, whereby it is estimated that social enterprises active in reuse create approximately 70 jobs per 1,000 tonnes of materials collected;
Amendment 36 #
2022/2170(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas climate change comes with increased job insecurity, precarious work, and major health and safety hazards for workers, especially in agriculture, food processing, and the hospitality sector;
Amendment 41 #
2022/2170(INI)
Motion for a resolution
Recital B
Recital B
B. whereas a just transition should involve seizing the opportunity to create quality jobs, tackle discrimination at work and raise labour standards; wheres labour shortages are particularly prevalent in sectors with poor job quality and in sectors with gender segregation;
Amendment 48 #
2022/2170(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 50 #
2022/2170(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the European Pillar of Social Rights Action Plan foresees that at least 78% of the population aged 20 to 64 should be in employment by 2030, and at least 60% of all adults should participate in training every year;
Amendment 51 #
2022/2170(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas the EU Public Procurement Directive did not lead to sufficient implementation of social and environmental criteria in tendering procedures; whereas more incentives for public purchases and investments in inclusive local employment and effective circular solutions in the reuse, repair and recycling sectors are needed, including via capacity building measures for public procurers to facilitate access to tendering opportunities by social enterprises active in the circular economy; whereas strengthening the capacity of public administrations at all levels is crucial for the effective absorption of EU funds and the effective implementation of environmental and climate legislation, and comes with a significant job creation potential;
Amendment 66 #
2022/2170(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the circular economy provides a unique opportunity to reinvigorate manufacturing industries both through reshoring of production and through strategies such as remanufacturing, refurbishing, repairing and more;
Amendment 82 #
2022/2170(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Amendment 84 #
2022/2170(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas jobs and activities in the field of healthcare, education and care, including childcare and long-term care, to sustain the rest of the economy in its greening pathway; whereas these jobs are also indispensable in light of the new health threats related to climate change and pollution;
Amendment 90 #
2022/2170(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas Social partners involvement in the green transition of the labour market will be a decisive step, as the feedback from European, national and local trade unions and employers' organizations is key to anticipate change; whereas sectoral social dialogue has been weakened in some regions, often with foreign employers actively pursuing decentralized collective bargaining; whereas social partners participations and collective agreement coverage should be promoted and strengthened, especially in new and emerging sectors;
Amendment 120 #
2022/2170(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the job potential of the green transition is also connected to sustainable economic activities such as energy renovation, repair, reuse and organic farming being more labour- intensive than the activities they replace;
Amendment 135 #
2022/2170(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that the ecological transition towards a regional and EU- based economy has the potential to improve the capacity for workers to negotiate their terms of employment, and to contribute to upward social convergence across the Union;
Amendment 137 #
2022/2170(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Highlights that 1.4 million additional low- and medium skilled jobs, as well as 450,000 high-skilled jobs, will be created as a result of increased investments in building renovation and reduced energy consumption of fossil fuels for heating;
Amendment 138 #
2022/2170(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Emphasises the employment potential of the circular economy, which can contribute to the creation of around 700,000 jobs in the EU alone by 2030; recalls that for the same volume of waste, circular activities such as recycling generate over 50 times as many jobs as landfills and incineration, while repair creates more than 200;
Amendment 139 #
2022/2170(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Notes that a vast proportion of workers in agriculture still face challenging working and housing conditions, particularly seasonal and migrant workers; stresses the need to ensure that the green transition becomes an opportunity for agro-food workers in Europe to make the sector greener while tackling discrimination at work, promoting gender equality, and workplace democracy; notes that sustainable farming is estimated to create 20% more jobs than currently, as sustainable farming practises such as mechanical weeding require additional labour; calls for a shift away from input-intensive farming toward nature and knowledge- intensive techniques;
Amendment 153 #
2022/2170(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that the green transition of the job market should go hand in hand with upward convergence towards better working conditions and attractive career pathsStresses that the transition must benefit both existing workers and displaced workers who transition to new jobs or undergo significant changes in their work tasks, by ensuring adequate working conditions for all; emphasises that the green transition of the job market should go hand in hand with upward convergence towards better working conditions and attractive career paths; including stronger collective bargaining, decent wages, and good physical and mental health, not least through health and safety at work; recalls in this context the importance of work-life balance and the right to disconnect;
Amendment 165 #
2022/2170(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Reiterates its call that EU funding, including State aid, should be conditional on public policy objectives, in particular social requirements; underlines that public authorities should lead by example and set social criteria in public procurement; calls to revise the Public Procurement Directive to ensure that benefiting companies support collective bargaining, high-quality jobs, high-quality apprenticeships, decrecalls that making the allocation of EU and national public funds as well as fiscal benefits conditional to the respect of decent working conditions and collective agreements is an effective way to raise labour standards and tackle social dumping; stresses that companies must refrain from relocating their activities outside the EU as well as from distributing dividend payments and equal pay and trainingshare buy-backs whenever they have benefited from public funds;
Amendment 173 #
2022/2170(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines that public authorities should lead by example and set social criteria as part of their technical specifications and award criteria in public procurement; regrets that under the current framework, while possibility is given to contracting authorities to value social criteria in their public procurement, the majority of contracts awarded are based on lowest-price criterion only; calls therefore to revise the public procurement Directive to ensure that benefitting companies support collective bargaining, high-quality jobs, high-quality apprenticeships, decent and equal pay, and training;
Amendment 178 #
2022/2170(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the EU health and safety strategy should take into account specific risks in new sectors and incorporate risks deriving from climate change and environmental degradation; calls for an EU directive on maximum working temperatures, including reduction of working time and longer breaks above certain temperatures, obligation to set up effective ventilation systems for indoor working, mandatory protective equipment, and compensation for working hours lost due to extreme weather events;
Amendment 188 #
2022/2170(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance of involving young people in transition planning; calls on the Member States to facilitate access for young people to paid, quality and inclusive traineeships and apprenticeships; condemns the practice of unpaid internships as a form of exploitation of young workers, and a violation of their rights; calls on the Commission and the Member States, in collaboration with Parliament, and respecting the principle of subsidiarity, to propose a common legal framework to ensure fair remuneration for traineeships and apprenticeships in order to avoid exploitative practices;
Amendment 196 #
2022/2170(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that gender equality should become an integral part of green economy strategies; stresses that a just transition focusing solely on most polluting sectors in specific regions will mainly benefit male workers and reinforce existing gender segregation and inequalities; recalls that a green economy without the inclusion of gender equality is inconsistent with the ILO’s decent work agenda; calls on the Commission and the Member States to take all measures to ensure that pre-existing gender inequalities are not transferred to the emerging green economy;
Amendment 205 #
2022/2170(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the important role of work time reduction in the just transition, while maintaining full wages, to increase wellbeing, work-life balance, productivity, to free up time for training and re-skilling activities, and to reflect the need for more rest in the context of the increased labour intensity expected in certain new jobs; calls for a revision of the Working Time Directive toward a 32-hour work week and to ensure that Member States cannot opt out of the maximum 48 hours working week limit; calls on Member States to implement country-wide reductions of working hours but let social partners decide how the reduction should be organised, also to consider the variety of needs of different workers;
Amendment 211 #
2022/2170(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need to offer education and training in areas linked to skills needs that are identified in labour markets and future-oriented sectors to make sure that the labour market is ready for the green transition; adds that more and better skills, hard and soft skills, knowledge and qualifications, whether acquired in formal, non-formal or informal settings, open up new opportunities and empower individuals to participate fully in the labour market, society and democracy, to harness and benefit from the opportunities of the green and digital transitions, and to exercise their rights;
Amendment 223 #
2022/2170(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that the creation of good- quality jobs and implementation of retention strategies are the best way to attract a skilled workforce and incentivise employers to invest in their worker; highlights that recruitment difficulties and labour shortages are particularly prevalent in sectors with challenging working conditions and poor job quality;
Amendment 230 #
2022/2170(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the acute need for more support towards lifelong training and professional reorientation in line with the 2030 EU target of at least 60 % of all adults taking training every year; highlights that the EU average is only at 45.5%, with those most in need of training being those getting the least training opportunities through their employers; Stresses that every worker must have an individual right to education, employee training and lifelong learning, which should be reflected in all EU and national environmental policies, as well in company mitigation and adaptation strategies; highlights the fact that the right to training should include paid educational leave;
Amendment 238 #
2022/2170(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls for a Directive on life-long learning to integrate common life-long learning provisions across the Union, complemented by collective agreements negotiated at sectoral level; calls for such learning provisions to facilitate the acquisition and strengthening of transversal competences, beyond green, sector-specific skills, to facilitate the adaptation and transfer of skills and/or competences from one industry to another, allowing learners to be mobile and adaptable to the every-changing situation on the labour market and beyond; calls for the inclusion of education and training providers which develop competences in informal and non-formal learning environments, so that the pedagogical practices are adapted to the different types of learners and their specific needs;
Amendment 243 #
2022/2170(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses the role of social dialogue, collective bargaining and social partners in designing national, sectoral and company- specific skills for quality job strategies and training; emphasises that workers should be involved in determining the skills profiles that will be needed to plan the transition of the workforce, and shaping education and training systems to deliver the necessary skills; calls on public and private authorities to closely engage with the social partners, civil society, education and training providers, labour market bodies, learners, and representatives of organisations or bodies active in the field of skills, education, training, and lifelong learning;
Amendment 251 #
2022/2170(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to integrate sustainable development, environmental competences and skills into training and education systems; calls for a swift adoption of the proposed Council Recommendation on learning for environmental sustainability;
Amendment 259 #
2022/2170(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that training should be of a good enough quality and lead to a qualification that is validated through transparent and clear recognition and certification systems which allow for comparability; stresses that training should be of a good enough quality and lead to a qualification that is validated through transparent and clear recognition and certification systems which allow for comparability; calls on the Union and Member States to promote and continue the implementation of tools and instruments for the increased transparency of qualifications, including qualifications awarded outside the Union, and for the validation of non-formal and informal learning;
Amendment 277 #
2022/2170(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to include for all environmental legislation a socio- economic impact assessment taking into consideration jobs, skills and working conditions; stresses that such impact assessment is not meant to lower the ambition of any climate law, but to make it possible to identify the needs in term of job profiles and the necessary skills and qualifications, on the basis of which training, upskilling, and reskilling plans can be developed, as well as any additional measures for health and safety at work; stresses that all environmental policies with a potential impact on employment and working conditions should go through social partners consultation according to Article 154 TFEU, as for social policy initiatives; calls on the Commission to reflect the findings of such impact assessments in its sectoral transition pathways;
Amendment 286 #
2022/2170(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for a revision of the Energy Union Governance Regulation in order to update the national energy and climate plans with just transition objectives, by identifying the social challenges and opportunities expected from the transition to net zero as well as the detailed measures and resources that will be necessary to manage them;
Amendment 288 #
2022/2170(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for the creation of a European Just Transition Observatory, with the involvement of sectoral social partners, to monitor the implementation of all policies and measures related to the European Green Deal on employment, quality jobs, and working conditions;
Amendment 291 #
2022/2170(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the importance of the Member States in promoting sectoral social dialogue and collective bargaining, especially in newly emerging green industries, and also in ensuring the inclusion of small and medium-sized businesses including social economy enterprises; stresses that the Minimum Wage Directive represents a great opportunity to strengthen collective bargaining and the presence of trade unions in emerging sectors;
Amendment 300 #
2022/2170(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for mandatory just transition plans to be adopted by all companies affected by the green transition, negotiated with trade unions and worker representatives; stresses that such plans should ensure that companies’ operations and value chains are compatible with the Green Deal targets and should also specify the accompanying social measures aimed at promoting employment and quality jobs, including addressing strategic jobs and skills planning and related training policies; highlights that such plans should include the changes in job requirements, including job losses and new jobs created, and related skill requirements; calls on public authorities to use this information to design green labour market policies designed to proactively match potential, new and existing workers to the jobs expected;
Amendment 316 #
2022/2170(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
Amendment 320 #
2022/2170(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for a major shift in the EU from taxing wages to taxing wealth and highly polluting activities in order to incentivise job creation, including in the circular economy, and reduce inequalities;
Amendment 329 #
2022/2170(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights the importance of strong safety nets to complement job creation measures and ensure that no one is left behind, including adequate minimum income support, adequate unemployment benefits and minimum wages; calls on the Commission to present a proposal for a revised permanent SURE instrument to support national unemployment schemes in the context of the transition; stresses that an EU directive on adequate minimum income could contribute to the goal of reducing poverty by at least half in all Member States by 2030 and ensuring the integration of people absent from the labour market;
Amendment 336 #
2022/2170(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes with concern that the Youth Guarantee has so far not fully reached its goals and calls for reinforced measures, including making full use of the opportunities provided by the ESF+, to promote employment through active interventions for labour market integration and the creation of sustainable entry-level positions, to be not replaced by traineeships;
Amendment 338 #
2022/2170(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recognises the importance of impact investing in providing finance to organisations addressing social and environmental needs with the explicit expectation of a measurable social and environmental return, including on employment and job quality; emphasises the positive effect that impact investing could have on job creation in the context of the just transition; regrets the lack of an EU-wide definition of “impact investment” and the connected risk of green and social washing; calls for a definition of impact investment;
Amendment 357 #
2022/2170(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
Amendment 362 #
2022/2170(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for the swift creation of a European sovereignty fund with newly allocated EU money to mobilise large-scale investments in green technology; stresses the added value of such new joint instrument to support fiscally constrained member states, protect the single market from unfair subsidy races, and coordinate EU industrial policy; regrets the lack of ambition of the Commission proposal on the Strategic Technologies for Europe Platform, which boils down to a reshuffle of existing funds with little newly allocated EU money, cementing a national and state-aid centred approach to industrial policy in Europe;
Amendment 374 #
2022/2170(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for an expansion in size and thematic scope of the Just Transition Fund; with the inclusion of other sectors and a more holistic approach to facilitate the achievement of EU’s climate goals and the European Pillar of Social Rights’ objectives;
Amendment 379 #
2022/2170(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Is concerned about the implications of higher interest rates for green investments and the related potential for job creation in sustainable sectors; stresses that rate rises will likely disincentivise new green investments that have large upfront costs and thus face higher funding costs, when compared to fossil fuel alternatives with relatively low upfront costs; calls on the ECB to assess the possibility of applying differentiated rates to support green investments and disincentivise brown investments;
Amendment 383 #
2022/2170(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the Commission to continue monitoring and fostering investment and spending on quality job creation within NextGenerationEU, the Recovery and Resilience Facility and the European Social Fund Plus and to ensure that the European Parliament remains closely involved; recalls the opportunity provided by the InvestEU social investment and skills window to generate social impact investments;
Amendment 385 #
2022/2170(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Emphasizes that investments in young people are known to have a positive impact on the employment and participation of young people in society and produce measurable social and financial returns on the funds invested, fostering economic development while achieving social goals; calls on the Member States to ensure complementarity between measures under the RRF and other EU programmes such as the reinforced Youth Guarantee, the European Child Guarantee and national investment and measures to promote skills, education, training and labour market integration in compliance with their own needs and specific national conditions;
Amendment 9 #
2022/2051(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. In order to make social Europe a reality, and given the lessons from the pandemic and the social consequences of the war in Ukraine oin the close interlinkages between our economic and welfare/social systems, it should be ensured that sEurope, social convergence and social progress must be given stronger role and an equal footing to economic convergence in policymaking. Social rights armust be fully protected and safeguarded in case of conflict with economic freedoms, including by revising the current governance framework. As already set out in previous European Parliament resolutions, possiblethe necessary tools to this effect must include: - integratingthe full implementation of the European Social Pillar and its integration in the Treaties1 - introducing a Social Progress Protocol to the Treatiein the Treaties to guarantee that social rights, including workers’ rights and trade union rights, are fully protected and safeguarded in case of conflict with economic freedoms2 - adopting a Sustainable Development and Social Progress Pact making social and sustainable targets mandatory as part of a governance framework for a social and sustainable Europe3. _________________________ 1 European Parliament resolution of 17 December 2020 on a strong social Europe for Just Transitions (2020/2084(INI)), paragraph 6 2 Ibid, paragraph 6 3 Ibid, paragraph 6
Amendment 18 #
2022/2051(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Further, the EU should move away from unanimity and specialtowards the ordinary legislative procedures in order to enable EU action in areas where currently, due to the relevant decision- making provisions/scope of the Treaties, it has proved difficult/impossible, notably in areas falling under the EMPL Committee remit, and in order to further increase democratic decision-making, while fully safeguarding the role of social partners and ensuring a non-regression clause. As already set out in previous European Parliament resolutions, possiblethe necessary tools to this effect must include: - makingexpand the competences conferred on the Union in the Treaties in the area of social policies and make more social policy areas fall under the qualified majority decision process, in particular non-discrimination, social security and social protection of workers (apart from cross-border situations), combating social exclusion, protection of workers whose employment contract has been terminated, the representation and collective defence of the interests of workers and employers, as well as conditions of employment for third- country nationals legally residing in the EU4; this can also be achieved by using the passerelle clauses5; the role of social partners should be fully safeguarded and a non-regression clause should be introduced; - involving the European Parliament in defining the Integrated Guidelines for Growth and Jobs on an equal footing with the Council in the guidelines for the employment policies of the Member States to achieve equal footing with the Council6,; - applying the Community method to the Semester process, and making it subject to an agreement between the Council and the European Parliament7, as well as making sure that social partners are fully involved, - ensuring a stronger role for social partners in decision-making processes. _________________________ 4 Ibid, paragraph 6 5 European Parliament resolution of 13 February 2019 on the state of the debate on the future of Europe (2018/2094(INI)), paragraph 7 6 European Parliament legislative resolution of 10 July 2020 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2020)0070 – C9-0079/2020 – 2020/0030(NLE)) , Amendment 11 7 See above n. 1, paragraph 6
Amendment 25 #
2022/2051(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. In order to ensure that upward social convergence is acceleratedprogress is made towards a sustainable, fair and inclusive social Europe, proper use should be made of the EU funds as well as of the tools developed during recent crises, notably the pandemic. As already set out in previous European Parliament resolutions, possible tools to this effect include:the necessary tools to this effect must include: - a revision of economic governance to ensure that social justice goes hand-in- hand with economic competitiveness, and that people’s well-being is the objective of economic policies - to provide Parliament with full co- decision rights on the EU budget, and with the right to initiate, amend or repeal legislation8 - monitoring of the use of funds, including democratic oversight by Parliament89 - emergency clauses and flexibility910 - stabilising an increased level of EU investment to foster upward convergence in the area of social policies101 - a temporary European social resilience package11 with increased public support for existing instruments aimed at the poorest in our society12 and the continuation and refinancing of SURE, which should become a permanent instrument with an enlarged scope. _________________________ 8 European Parliament resolution of 17 Dec9 June 2022 on the call for a Convention for the revision of the Treaties https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0244_EN.html 9 European Parliament resolution of 14 November 202018 on the Multiannual Financial Framework 2021-2027, the Interinstitutional Agreement, the EU Recovery Instrument and the Rule of Law Regulation – Parliament’s position with a view to an agreement (COM(2018)0322 – C8- 0000/2018 – 2018/0166R(APP)), paragraph 28, 33, modification 12 10 European Parliament resolution of 19 May 2022 on the social and economic consequences for the EU of the Russian war in Ukraine – reinforcing the EU’s capacity to act (20202/292653(RSP)) , paragraph 8 9s 34, 35 11 European Parliament resolution of 19 May 2022 on the social and economic consequences for the EU of the Russian war in Ukraine – reinforcing the EU’s capacity to act (2022/2653(RSP)) , paragraphs 34, 35 10 Ibid, paragraph 12 11 Ibid 12 12 European Parliament resolution of 19 May 2022 on the social and economic consequences for the EU of the Russian war in Ukraine – reinforcing the EU’s capacity to act (2022/2653(RSP)), paragraph 24
Amendment 49 #
2022/0298(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) This Directive applies to all activities of all at-risk professions, including renovation and demolition workers, waste managers, miners and firefighters, which are or may be exposed to dust arising from asbestos or materials containing asbestos.
Amendment 51 #
2022/0298(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Passive exposure to asbestos, occupational and non-occupational, can have significant impacts on human health. Women are particularly vulnerable to certain kinds of passive asbestos exposure. There are different types of non-occupational exposure to asbestos, whether para-occupational (including exposure to asbestos dust inadvertently carried home by workers), domestic (including household objects containing asbestos), or environmental (including materials existing in buildings and installations or of industrial origin).
Amendment 56 #
2022/0298(COD)
Proposal for a directive
Recital 2 d (new)
Recital 2 d (new)
(2d) The concept of ‘sporadic and low intensity exposure’ is a non science-based concept. As a result it can not apply to a non-threshold carcinogen like asbestos, nor can it be used as a basis that justifies any exemptions from the protection measures laid down in this Directive.
Amendment 57 #
2022/0298(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Asbestos is a highly dangerous carcinogenic agent, still affecting different economic sectors, such as building and renovation, mining and quarrying, waste management and, firefighting and also all working places where asbestos is still present and decaying, where workers are at high risk of being exposed. Asbestos fibres are classified as carcinogens 1A according to Regulation (EC) 1272/2008 of the European Parliament and of the Council65 and are by far the major cause of work-related cancer, with as much as 78% of occupational cancers recognised in the Member States as being related to asbestos. When inhaled, airborne asbestos fibres can lead to serious diseases such as mesothelioma and lung cancer, and the first signs of disease may take an average of 30 years to manifest from the moment of exposure, ultimately leading to work- related deaths. __________________ 65 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with EEA relevance)OJ L 353, 31.12.2008, p. 1.
Amendment 62 #
2022/0298(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Following the new scientific and technological developments in the area, there is scope to improve the protection of workers exposed to asbestos and thus to reduce the probability of workers contracting asbestos-related diseases. For asbestos, being a non-threshold carcinogen, it is not scientifically possible to identify levels below which exposure would not lead to adverse health effects. Instead, an exposure-risk relationship (ERR) can be derived, facilitating the setting of an occupational exposure limit (‘OEL’) by taking into account an acceptable level of excess risk. As a consequence, the OEL for asbestos should be revised in order to reduce the risk by lowering exposure levels.
Amendment 68 #
2022/0298(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The limit value for asbestos set out in Directive 2009/148/EC should be revised in the light of the Commission’s evaluations and recent scientific evidence and technical data. Its revision is also an effective way to ensure that preventive and protective measures are updated accordinglyStrengthened preventive and protective measures are needed to implement such a revision of the limit value in all Member States.
Amendment 69 #
2022/0298(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 76 #
2022/0298(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Optical microscopy, although it does not allow a counting of the smallest fibres detrimental to health, is currently the most used method for the regular measuring of asbestos. As it is possible to measure an OEL equal to 0.01 f/cm³ with phase-contrast microscope (PCM), no transition period is needed for the implementation of the revised OEL. In line with the opinion of the ACSH, a more modern and sensitive methodology based on electron microscopy should be used, while taking into account the need for an adequate period of adaptation and for more EU level harmonisation of different electron microscopy methodologies. In light of the fact that thinner asbestos fibres (<0,2μm) are also carcinogenic, those fibres should be taken into account when measuring exposure in the workplace. Electron microscopy, which allows the detection of such thinner asbestos fibres should be used for that purpose. The Commission should support and facilitate Member States with regard to the new methodology for measuring asbestos fibres, in particular through the development of guidelines and providing information on relevant Union funds which can be used for that purpose.
Amendment 77 #
2022/0298(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Taking into account the relevant scientific expertise, the need to increase the protection of workers at Union level, a public health objective that aims to remove asbestos, as well as technical considerations with regard to monitoring compliance, a revised OEL equal to 0,001 fibres/cm3 as an 8-hour time-weighted average should be established as an appropriate first step to reducing the risks of asbestos exposure. Due to the ongoing renovation wave of buildings, it is important to implement that revised OEL as soon as possible and no transition period should therefore apply. As electron microscopy would allow the detection of thinner asbestos fibres, the revised OEL, combined with the new methodology, is expected to ensure better a protection of workers against asbestos exposure. In line with the vision-zero approach of the Union strategic framework on health and safety at work, a constant effort to reduce exposure to this strong non-threshold carcinogen is needed. By ... [five years after the entry into force of this Directive], based on the experience acquired, up-to- date scientific evidence and technical data, and after consulting the social partners, the Commission should evaluate the feasibility of a further reduction of the asbestos exposure limit.
Amendment 84 #
2022/0298(COD)
Proposal for a directive
Recital 11 c (new)
Recital 11 c (new)
(11c) The asbestos sampling should be representative of the worker’s personal exposure to asbestos. Samples should therefore be taken at regular intervals during specific operational phases in representative and realistic situations in which workers are exposed to asbestos dust. If it is not possible for sampling to be representative of the worker’s personal exposure to asbestos, all appropriate protective measures should be applied.
Amendment 86 #
2022/0298(COD)
Proposal for a directive
Recital 11 c (new)
Recital 11 c (new)
(11c) Asbestos should be kept out of the circular economy to protect workers from unknowingly reusing dangerous materials. Life-cycle-management of building materials is an important part of the circular economy. In the framework of the new EU Circular Economy Action Plan.
Amendment 89 #
2022/0298(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) In the context of health and safety at work, state-of-the-art technology must always be applied to achieve the highest possible level of protection. Technical minimum requirements need to lower the concentration of asbestos fibres in the air to the lowest level technically possible, including through dust suppression and the suction of dust at the source, continuous sedimentation, and means of decontamination, combined with minimum requirements for the pressure difference between asbestos enclosures and surroundings, fresh air supply and HEPA filters.
Amendment 95 #
2022/0298(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Special control measures and precautions are needed for workers exposed or likely to be exposed to asbestos, such as subjecting workers to a decontamination procedure and related training, in order to significantly contribute to reducing the risks related to such exposureto lower the concentration of asbestos fibres in the air to as low a level as is technically possible below the limit value. Subjecting workers to a decontamination procedure and strengthening the related training requirements are important elements in order to significantly contribute to reducing the risks related to such exposure. In order to ensure a level playing field, an annex to this Directive should provide for minimum training requirements, including specific requirements for workers in specialised asbestos removal undertakings.
Amendment 98 #
2022/0298(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The notification system is important to allow the supervision by the competent national authority of works during which asbestos may be disturbed. The information should include the following additional elements to better inform the national competent authority: the areas in which the work is to be carried out, the equipment used for the protection and decontamination of workers, and a plan for waste disposal. Such additional information would allow, where appropriate, the intervention of the competent national authority to ensure the protection of those involved.
Amendment 102 #
2022/0298(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Employers should take all necessary steps to identify presumed asbestos-containing materials, if appropriate by obtaining information from the owners of the premises as well as other sources of information, including relevant registers. They should record, befbe required to carry out a screening for the presence of asbestos-containing materials on the premises prior to the start of any work in buildings, ships, aircrafts or other installations build before the national ban came into force. Such screening should be carried out by a qualified and certified operator and should include a diagnosis adapted to the workplace. A report should state either the absence ore the startpresence of any asbestos removal project, the presence or presumed presence of asbestos in buildings or installations an, and its fibre type if present, with a detailed description of the nature of contamination and its precise location and estimated quantities. That operator should communicate this information to others who may be exposed to asbestos as a result of its use, of maintenance or of other activities in or on buildings.
Amendment 107 #
2022/0298(COD)
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15b) The safe removal and disposal of asbestos-containing materials should be a priority, because repair, maintenance, encapsulation or sealing only lead to the postponement of the removal, which can perpetuate the risks for inhabitants and workers for many years. The encapsulation and sealing of asbestos- containing materials which can technically be removed should be prohibited, while not putting poorer households at a disadvantage because of their inability to afford necessary renovations. Appropriate accompanying measures are therefore needed. In that regard, the Union provides significant funding, in particular through the Recovery and Resilience Facility, to be used to support national measures for the removal of asbestos in the context of renovations. Where asbestos is not removed, the relevant structures should be identified, registered and regularly monitored.
Amendment 110 #
2022/0298(COD)
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15b) In order to provide for the implementation of this Directive, the necessary measure should be taken by member states to guarantee the enforcing applicable laws and regulations, including through a the support of the labour inspectorate in consideration to the International Labour Organisation’s (ILO) minimum objective of one inspector for every 10.000 workers.
Amendment 119 #
2022/0298(COD)
Proposal for a directive
Recital 15 d (new)
Recital 15 d (new)
(15d) There is a need to provide sufficient and focused administrative support to help employers, in particular microenterprises and small and medium- sized enterprises, implement this Directive. In particular, standardised processes for the removal of asbestos- containing materials would help to reduce the levels of asbestos dust, the cost of those operations and facilitate the fulfilment of the notification requirements.
Amendment 122 #
2022/0298(COD)
Proposal for a directive
Recital 15 e (new)
Recital 15 e (new)
(15e) Directive 2009/148/EC should be regularly updated to take into account the latest scientific knowledge and technical developments including an evaluation of different types of asbestos fibres and their adverse health effects. The Commission should start by entry into force of this Directive the consultation process for updating the provisions on fibrous silicates and, in that context, should in particular assess whether riebeckite, winchite, richterite, fluoro-edenite should be included within the scope of that Directive.
Amendment 124 #
2022/0298(COD)
Proposal for a directive
Recital 15 f (new)
Recital 15 f (new)
(15f) In order to keep pace with technological developments, the Commission should, by ...[five years after the entry into force of this Directive] and every five years thereafter, after consulting the social partners, review the technological and scientific information on asbestos identification, measurement and warning technology and should issue guidelines where such technology is to be used in order to protect workers from exposure to asbestos. A more systematic exchange between Member States of best practices should also be established for that purpose.
Amendment 127 #
2022/0298(COD)
Proposal for a directive
Recital 15 g (new)
Recital 15 g (new)
(15g) In order to support the implementation of this Directive, the Commission should, in cooperation with the ACSH, develop guidelines. Those guidelines should, where appropriate, include sector-specific responses.
Amendment 129 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/148/EC
Article 2
Article 2
For the purposes of this Directive, ‘asbestos’ means the following fibrous silicates, which are meeting the criteria for classifiedcation as carcinogens 1A or 1B according to Regulation (EC) 1272/2008*:
Amendment 132 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/148/EC
Article 2 – point f a (new)
Article 2 – point f a (new)
(fa) erionite, CAS 66733-21-9 and CAS 66733-21-9;
Amendment 135 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2009/148/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
(2a) In Article 3, paragraph 1 is replaced by the following: "This Directive shall apply to all activities in which workers are or may be exposed in the course of their workknowingly or unknowingly to dust arising from asbestos or materials containing asbestos."
Amendment 139 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2009/148/EC
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 143 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Directive 2009/148/EC
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 146 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Directive 2009/148/EC
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
(2d) In Article 4(3), the second subparagraph is replaced by the following: "The notification mustshall include at least a brief description of: (a) the location of the worksite and the specific areas in which the work will be carried out; (b) the type and quantities of asbestos used or handled; (c) the activities and processes involved; (d) the number of workers involved; , a list of the workers likely to be assigned to the site, the individual certificates proving their competence and the training received, and the dates of the mandatory medical visits; (e) the starting date and duration of the work and the planned working hours; (f) measures taken to limit the exposure of workers to asbestos; (fa) the characteristics of the equipment used for the protection and decontamination of workers; (fb) the procedure for the decontamination of workers and equipment, durations and working hours; (fc) the characteristics of the equipment used for waste disposal; (fd) a provisional aeraulic balance for work carried out under confinement; (fe) a plan for safe and sustainable waste disposal, including with regard to the destination of asbestos containing waste.” Or. en (See wording of Article 4(3) of Directive 2009/148/EC)
Amendment 151 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)
Article 1 – paragraph 1 – point 2 e (new)
Directive 2009/148/EC
Article 4 – paragraph 3 – subparagraph 2 a (new)
Article 4 – paragraph 3 – subparagraph 2 a (new)
(2e) In Article 4(3), the following subparagraph is added: “Notifications shall be kept by the responsible authority of the Member State for a minimum of 40 years, in accordance with national law and practice."
Amendment 153 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 f (new)
Article 1 – paragraph 1 – point 2 f (new)
Directive 2009/148/EC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2f) In Article 5, the following paragraph 2a (new) is added: “2a. Asbestos-containing materials already in use shall be safely removed and disposed of when technically feasible. They shall not be repaired, maintained, sealed, encapsulated or covered. Asbestos- containing materials which cannot be removed in the short term shall be identified, registered and regularly monitored.”
Amendment 157 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/148/EC
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) work processes shall be designed so as not to produce asbestos dust or, if that proves impossible, to avoid the release of asbestos dust into the air to a level as low as technically possible by implementing at least the following measures: (i) asbestos dust suppression; (ii) the suction of asbestos dust at the source; (iii) the continuous sedimentation of asbestos fibres suspended in the air; (iv) appropriate decontamination;
Amendment 161 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2009/148/EC
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) for work carried out under confinement, the work area shall be protected by implementing at least the following measures: (i) setting a minimum pressure difference of minus 10; (ii) supplying clean replacement air from a point further away; (iii) checking the performance of negative pressure units and portable vacuums of local exhaust ventilation systems after the change of a HEPA filter and before the start of asbestos removal or at least once a year, by measuring the removal efficiencies of filters with a direct-reading particle counter.
Amendment 165 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2009/148/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
(3a) In Article 7, paragraph 1 is replaced by the following: "1. Depending on the results of the initial risk assessment, and in order to ensure compliance with the limit value laid down in Article 8, measurement of asbestos fibres in the air at the workplace shall be carried out regularly.during the specific operational phases and at regular intervals during the work process."
Amendment 170 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Directive 2009/148/EC
Article 7 – paragraph 2
Article 7 – paragraph 2
(3b) In Article 7, paragraph 2 is replaced by the following: "2. Sampling must be representative of the real personal exposure of the worker to dust arising from asbestos or materials containing asbestos."
Amendment 172 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 c (new)
Article 1 – paragraph 1 – point 3 c (new)
(3c) In Article 7, paragraph 5 is replaced by the following: "5. The duration of sampling mustshall be such that representative exposure can be established for an 8-hour reference period (one shift) by means of measurements or time-weighted calculationll operations in all their different phases carried out during the work process."
Amendment 177 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/148/EC
Article 7 – paragraph 6 – subparagraph 1
Article 7 – paragraph 6 – subparagraph 1
Fibre counting shall be carried out by phase-contrast microscope (PCM) in accordelectron microscopy or any other method giving equivalent or better results. For the purposes of ensuring compliance with the method asures on fibre commended in 1997 by the World Health Organization (WHO)* or, wherever possible, any other method giving equivalent or better results, such as a method based on electron microscopy (EM)unting referred to in this Article, the Commission shall support Member States by providing appropriate technical guidance, including on the technical transition from phase- contrast microscopy to electron microscopy, and information on relevant Union funds which can be used to support that transition.
Amendment 180 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/148/EC
Article 8
Article 8
Employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of 0.,001 fibres per cm³3 (1 000 fibres per m3) as an 8-hour time- weighted average (TWA).
Amendment 187 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2009/148/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 190 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/148/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
Before beginning demolition or maintenance work, employers shall take, if appropriate by obtaining information from the owners of the premises as well as from other sources of information, including relevant registers, all necessary steps to identify presumed asbestos- containing materials or renovation works on premises built before the year in which the national asbestos ban entered into force, the employer shall commission a screening to identify the asbestos- containing materials likely to be affected by the work. The premises shall be screened to identify all asbestos- containing materials, in accordance with the requirements of Part 6 of Annex XVII to Regulation (EC) No 1907/2006 and Annex I to Regulation (EU) No 305/2011. The screening shall be conducted by a qualified and certified operator or authority, taking into account Articles 14 and 15 of this Directive, and the national building law provisions. Such screening shall, where available, be based on information from public asbestos registries. This shall by no means replace the employers’ duty to carry out a comprehensive risk assessment.
Amendment 198 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
Directive 2009/148/EC
Article 11 – paragraph 1 b (new)
Article 11 – paragraph 1 b (new)
(6b) In Article 11, the following paragraph is added: 1b. The Member States shall establish public registers of the certified operators authorised to carry out the asbestos screening, subject to minimum quality standards and in accordance with their national law and practice.
Amendment 200 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2009/148/EC
Article 11 – paragraph 2a (new)
Article 11 – paragraph 2a (new)
(6a) In Article 11, the following paragraph is added: The Member States shall regulate the details of explorations and investigations for the detection of asbestos-containing materials, in accordance with their national building regulations. Where the complete absence of asbestos cannot be guaranteed, works shall be conducted in accordance with the provisions of this Directive where asbestos is present.
Amendment 202 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2009/148/EC
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
(6a) In Article 12(1), the introductory wording is replaced by the following: "In the case of certain activities such as demolition, asbestos removal work, repairing and maintenance, in respect of which it is foreseeable that the limit value set out in Article 8 will be exceeded despite the use of all possible technical preventive measures for limiting asbestos in air concentrations, the employer shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following: "
Amendment 206 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 d (new)
Article 1 – paragraph 1 – point 6 d (new)
Directive 2009/148/EC
Article 12 – point c
Article 12 – point c
(6d) Article 12 point c is replaced by the following: "(c) the spread of dust arising from asbestos or materials containing asbestos outside the premises or site of action shall be prevented and ventilation of air from asbestos removal sites into enclosed spaces shall not be allowed."
Amendment 208 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 e (new)
Article 1 – paragraph 1 – point 6 e (new)
Directive 2009/148/EC
Article 12 – point c
Article 12 – point c
(6e) In Article 12, the following paragraph is added: “A measurement of asbestos fibres concentration in the air shall be carried out after activities referred to in the first paragraph have been concluded in order to ensure that workers can safely re-enter the workplace.”
Amendment 213 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 f (new)
Article 1 – paragraph 1 – point 6 f (new)
Directive 2009/148/EC
Article 13 – paragraph 1
Article 13 – paragraph 1
(6f) Article 13 paragraph 1 is replaced by the following: "A plan of work shall be drawn up before demolition work orany work oin removing asbestos and/or asbestos-containing products from buildings, structures, plant or installations or from shiplation to asbestos is started."
Amendment 216 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 g (new)
Article 1 – paragraph 1 – point 6 g (new)
Directive 2009/148/EC
Article 14 – paragraph 2
Article 14 – paragraph 2
(6g) In Article 14, paragraph 2 is replaced by the following: "2. The content of the training mustshall be easily understandable for workers. It mustshall enable them to acquire the necessary knowledge and skills in terms of prevention and safety, particularly as regards: (a) effects on health, including the synergistic effect of smoking; (b) likely to contain asbestos; (c) asbestos exposure and the importance of preventive controls to minimise exposure; (d) protective equipment; (e) selection, liin accordance with the national law and practice applicable where the work takes place." the properties of asbestos and its the types of products or materials the operations that could result in safe work practices, controls and the appropriate role, choice, emergency procedures; decontamitnations and proper use of respiratory procedures; waste disposal; medical surveillance requiprement; (f) (g) (h) (i)s.
Amendment 221 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 h (new)
Article 1 – paragraph 1 – point 6 h (new)
Directive 2009/148/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 224 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 i (new)
Article 1 – paragraph 1 – point 6 i (new)
Directive 2009/148/EC
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 227 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 j (new)
Article 1 – paragraph 1 – point 6 j (new)
Directive 2009/148/EC
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
(6j) In Article 15, the following paragraph is added: “1a. Competent authorities shall grant permits to undertakings only if they have no doubt as to the reliability of the undertaking and its management. The permits shall be renewable every five years, in accordance with national law and practice.”
Amendment 232 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 k (new)
Article 1 – paragraph 1 – point 6 k (new)
Directive 2009/148/EC
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
(6k) In Article 15, the following paragraph is added: “1b. Member States shall establish public registers of the undertakings that have been granted permits to remove asbestos pursuant to paragraph 1."
Amendment 237 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 l (new)
Article 1 – paragraph 1 – point 6 l (new)
Directive 2009/148/EC
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
(6l) In Article 16 (1) the introductory part is replaced by the following: "In the case of all activities referred to in Article 3(1), and subject to Article 3(3), appropriate measures shall be taken to ensure that: [...]"
Amendment 239 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 l (new)
Article 1 – paragraph 1 – point 6 l (new)
Directive 2009/148/EC
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(6l) In Article 16(1), point c is replaced by the following: "(c) workers are provided with appropriate working or protective clothing; this as well as protective equipment, in particular respiratory equipment, which is subject to a mandatory individual fitting check; that all working or protective clothing remains within the undertaking; it may, however, be laundered in establishments outside the undertaking which are equipped for this sort of work if the undertaking does not carry out the cleaning itself; in that event the clothing shall be transported in closed containers;"
Amendment 247 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 m (new)
Article 1 – paragraph 1 – point 6 m (new)
Directive 2009/148/EC
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(6m) In Article 16(1), the following point is inserted: “(ca) regular compulsory breaks with sufficient time for rest are provided for workers wearing respiratory equipment;”
Amendment 252 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 n (new)
Article 1 – paragraph 1 – point 6 n (new)
Directive 2009/148/EC
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(6n) In Article 16(1), point e is replaced by the following: "(e) workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations;, and are subject to a mandatory decontamination procedure; The decontamination procedure shall be designed with involvement of the relevant sectoral social partners to cover sector specific needs."
Amendment 253 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 p (new)
Article 1 – paragraph 1 – point 6 p (new)
Directive 2009/148/EC
Article 17 – paragraph 2
Article 17 – paragraph 2
(6p) In article 17 (2) the first paragraph is replaced by the following: "2. In addition to the measures referred to in paragraph 1, and subject to Article 3(3), appropriate measures shall be taken to ensure that: [...]"
Amendment 258 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 q (new)
Article 1 – paragraph 1 – point 6 q (new)
Directive 2009/148/EC
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 260 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 r (new)
Article 1 – paragraph 1 – point 6 r (new)
Directive 2009/148/EC
Article 18 – paragraph 2
Article 18 – paragraph 2
(6r) In Article 18, paragraph 2 is replaced by the following: "2. An assessment of each worker’s state of health must be available prior to the beginning of exposure to dust arising from asbestos or materials containing asbestos at the place of work. This at assessment mustshall include a specific examination of the chest. Annex I gives practical recommendations to which the Member States may refer for the clinical surveillance of workers; these recommendations shall be adapted to technical progress in accordance with the procedure referred to in Article 17 of Directive 89/391/EEC. A new assessment must be available at least once every 3three years for as long as exposure continues. An individual health record shall be established and kept for a minimum of 40 years in accordance with national laws and/or practices for each worker referred to in the first subparagraph."
Amendment 265 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 s (new)
Article 1 – paragraph 1 – point 6 s (new)
Directive 2009/148/EC
Article 18 b a (new)
Article 18 b a (new)
(6s) The following Article is inserted: “Article 18 ba 1. By ... [one year after the date of entry into force of this amending Directive], the Commission shall, in cooperation with the Advisory Committee for Safety and Health at Work, develop guidelines to support the application of this Directive. Those guidelines shall provide, where appropriate, sector-specific responses. 2. By entry into force of this amending Directive, the Commission shall start the consultation process for updating the fibrous silicates within the scope of this Directive and, in that context, assess the inclusion of riebeckite, winchite, richterite, fluoro-edenite. After consulting the social partners, the Commission shall, propose necessary amendments to this Directive in a legislative proposal. 3. By ... [five years after the date of entry into force of this amending Directive] and every five years thereafter, the Commission shall, after consulting the social partners, review the technological and scientific state of asbestos identification, measurement or warning technology and issue guidelines for when such technology is to be used in order to protect workers from exposure to asbestos.”
Amendment 267 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 t (new)
Article 1 – paragraph 1 – point 6 t (new)
Directive 2009/148/EC
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 274 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2009/148/EC
Article 21
Article 21
(7a) Article 21 is replaced by the following: "Member States shall keep a register of all recognised cases of asbestosis and mesothelioma.-related occupational diseases. An indicative list of diseases that can be caused by asbestos exposure is set out in Annex I."
Amendment 276 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new)
Article 1 – paragraph 1 – point 7 b (new)
Directive 2009/148/EC
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
(7b) In Article 21, the following paragraph is added: “The term recognised cases referred to in paragraph 1 shall not be limited to cases for which the compensation is granted, but shall refer to all cases of medically diagnosed asbestos-related diseases."
Amendment 281 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 c (new)
Article 1 – paragraph 1 – point 7 c (new)
Directive 2009/148/EC
Article 21 a (new)
Article 21 a (new)
(7c) The following Article is inserted: “Article 21a All existing information, including from relevant registers, regarding the presence and location of asbestos shall be made available to firefighters and the emergency services.”
Amendment 285 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 d (new)
Article 1 – paragraph 1 – point 7 d (new)
Directive 2009/148/EC
Annex I – point 1
Annex I – point 1
(7d) In Annex I, point 1 is replaced by the following: "1. Current knowledge indicates that exposure to free asbestos fibres can at least give rise to the following diseaseasbestos-related occupational diseases which Member States therefore shall introduce into their national law provisions: — asbestosis, — mesothelioma, — bronchial carcinoma, — gastro-intestinal carcinoma.lung carcinoma including bronchial carcinoma, — gastro-intestinal carcinoma, — carcinoma of the larynx, — carcinoma of the ovary, — benign pleural diseases including fibrotic lesions, rounded atelectasis and benign pleural effusion — non-malignant pleural diseases. 1a. Positive associations have been noted by the International Agency for Research on Cancer between asbestos exposure and the following diseases: — pharyngeal cancer, — colorectal cancer, — stomach cancer.”
Amendment 290 #
2022/0298(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 e (new)
Article 1 – paragraph 1 – point 7 e (new)
Directive 2009/148/EC
Annex I a (new)
Annex I a (new)
Amendment 114 #
2022/0095(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation will contribute to making products and digital services fit for a climate-neutral, resource-efficient and circular economy, reducing waste and ensuring that the performance of frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign requirements to improve product durability, reusability, upgradability and reparability, improve possibilities for refurbishment and maintenance, address the presence of hazardous chemicals in products, increase their energy and resource efficiency, reduce their expected generation of waste materials and increase recycled content in products, while ensuring their performance and safety, enabling remanufacturing and high-quality recycling and reducing carbon and environmental footprints.
Amendment 117 #
2022/0095(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The European Parliament, in its Resolution of 25 November 2020 ‘Towards a more sustainable single market for business and consumers’30 , welcomed promoting durable products which are easier to repair, re-use and recyclecalled for setting a right framework to ensure the production of durable products which are easier to repair, re-use and recycle while providing increased rights for consumers, including information requirements and longer legal guarantee periods. In its report on the New Circular Economy Action Plan adopted on 16 February 202131 , the European Parliament further endorsed the agenda presented by the Commission in the CEAPcalled for EU binding targets to significantly reduce EU material and consumption footprints. It considered that the transition to a circular economy can provide solutions to address the current environmental challenges and the economic crisis brought on by the COVID- 19 pandemic. The Council, in its conclusions on ‘Making the Recovery Circular and Green’ adopted on 11 December 202032 , also welcomed the Commission’s intention to submit legislative proposals as part of a comprehensive and integrated sustainable product policy framework that promotes climate neutrality, energy and resource efficiency and a non-toxic circular economy, protects public health and biodiversity, and empowers and protects consumers and public buyers. __________________ 30 P9_TA(2020)0318. 31 P9_TA(2021)0040. 32 13852/20.
Amendment 128 #
2022/0095(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to create an effective and future-proof regulatory framework, it is necessary to allow for the setting of ecodesign requirements on all physical goods placed on the market or put into service, including components and intermediate products. This should allow the Commissions to take into account the broadest range of products possible when prioritising the establishment of ecodesign requirements and thereby maximise their effectiveness. Where needed, specific exemptions should be made when setting ecodesign requirements, for example for products with a particular purpose that could not be fulfilled when complying with ecodesign requirements or for second- hand products that were placed or made available on the market before the entry into force of this Regulation or of the relevant Delegated Act. In addition, exemptions should be made at the level of the framework for those products for which it is already clear that ecodesign requirements would not be suitable or where other frameworks provide for the setting of such requirements. This should be the case for food and feed as defined in Regulation (EC) No 178/2002 of the European Parliament and of the Council44 , medicinal products for human use as defined in Directive 2001/83/EC of the European Parliament and of the Council45 , veterinary medicinal products as defined in Regulation (EU) 2019/6 of the European Parliament and of the Council46 , living plants, animals and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction. __________________ 44 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). 45 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). 46 Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).
Amendment 131 #
2022/0095(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) While representing an increasing share of the European economy, digital services are seldom designed in a way that reduces their energy footprint and storage requirements. Actors who would like to resort to ecodesigned digital services have little ways of comparing their environmental virtue. To enable the generalisation of a sustainably digital environment, a European label for the ecodesign of services should be developed. Such label would ensure trustworthy implementation of best practices by digital services providers, distinguish them from their competitors and serve as a market both for public procurement and private actors engaging in the green transition.
Amendment 138 #
2022/0095(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Once a delegated act setting ecodesign requirements is adopted by the Commission for a given product group, Member States should, in order to ensure the functioning of the internal market, no longer be allowed to set national performance requirements based on product parameters covered by such performance requirements laid down in that delegated act, and no longer be allowed to set national continue to be allowed to set national performance and information requirements based on product parameters covered by such inperformationnce requirements laid down in that delegated act. In order to ensure the functioning of the internal market, the Commission should be empowered to establish that no ecodesign requirements in the form of performance requirements and/or in the form of information requirements are necessary in relation to a specific product parameter.
Amendment 142 #
2022/0095(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To avoid duplication of efforts and regulatory burden, consistencConsistency and complementarity should be ensured between this Regulation and requirements set in or pursuant to other Union legislation, especially products, chemicals and waste legislation51 . However, tThe existence of empowerments under other Union legislation to set requirements with the same or similar effects as requirements under this Regulation does not limit the empowerments included in this Regulation, unless specified in this Regulation. __________________ 51 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of the circular economy package - options to address the interface between chemical, product and waste legislation (COM(2018) 32 final).
Amendment 152 #
2022/0095(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Performance requirements should relate to a selected product parameter relevant to the targeted product aspect for which potential for improving environmental sustainability has been identified. Such requirements may include minimum or maximum levels of performance in relation to the product parameter, non-quantitative requirements that aim to improve performance in relation to the product parameter, or requirements related to a product’s functional performance to ensure that the selected performance requirements do not negatively impact the ability of the product to perform the function for which it was designed and marketed. Regarding minimum or maximum levels, they may for example take the form of a limit on energy consumption in the use phase or on the quantities of a given material incorporated in the product, a requirement for minimum quantities of recycled content, or a limit on a specific environmental impact category or on an aggregation of all relevant environmental impacts. An example of a non-quantitative requirement is the prohibition of a specific technical solution that is detrimental to product reparability. Performance requirements will be used to ensure the removal of the worst performing products from the market and to gradually move to the best performing products where this is necessary to contribute to the environmental sustainability objectives of the Regulation.
Amendment 156 #
2022/0095(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Chemical safety is a recognised element of product sustainability. It is based on chemicals’ intrinsic hazards to health or the environment in combination with specific or generic exposure, and is addressed by chemicals legislation, such as Regulation (EC) No 1935/2004 of the European Parliament and of the Council58 , Regulation (EC) No 1907/2006 of the European Parliament and of the Council59 , Regulation (EC) No 1223/2009 of the European Parliament and of the Council60 , Regulation (EU) 2017/745 of the European Parliament and of the Council61 and Directive 2009/48/EC of the European Parliament and of the Council62 . This Regulation should notalso enable the restriction of substances based on chemical safety, as done under other Union legislation. Similarly, this Regulation should notalso enable the restriction of substances for reasons related to food safety. This is particularly relevant where Union law on chemicals and food, however, does not allow addressing, through restrictions on certain substances, impacts on sustainability that are unrelated to chemical safety or food safety. To overcome this limitation, this Regulation should also allow, under certain conditions, for the restriction, primarily for reasons other than chemical or food safety, of substances present in products or used in their manufacturing processes which negatively affect products’ sustainability. This Regulation also should not result in the duplication or replacement ofenable to complement, where necessary, restrictions of substances covered by Directive 2011/65/EU of the European Parliament and of the Council63 , which has as its objective the protection of human health and the environment, including the environmentally sound recovery and disposal of waste from electrical and electronic equipment. __________________ 58 Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4). 59 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). 60 Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59). 61 Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176). 62 Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1). 63 Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88).
Amendment 169 #
2022/0095(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) To improve environmental sustainability of products, information requirements should relate to a selected product parameter relevant to the product aspect, such as the product’s environmental footprint or its durability. They maywill require manufacturer to make available information on the product’s performance in relation to a selected product parameter or other information that may influence the way the product is handled by parties other than the manufacturer in order to improve performance in relation to such a parameter. Such information requirements should be set either in addition to, or in place of, performance requirements on the same product parameter as appropriate. Where a delegated act includes information requirements, it should indicate the method for making the required information available, such as its inclusion on a free- access website, product passport or product label. Information requirements are necessary to lead to the behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. By providing a solid basis for purchasers and public authorities to compare products on the basis of their environmental sustainability, information requirements are expected to drive consumers and public authorities towards more sustainable choices.
Amendment 175 #
2022/0095(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Where delegated acts include information requirements, they may in addition determine classes of performance in relation to one or more relevant product parameters, in order to facilitate comparison between products on the basis of that parameter. Classes of performance should enable differentiation of products based on their relative sustainability and could be used by both consumers and public authorities. As such, they are intended to drive the market towards more sustainable products. As information requirements on durability and reparability of products play a central role for consumers to engage in sustainable consumption patterns, this Regulation should establish criteria for developing a reparability score and a durability index for certain product-categories.
Amendment 192 #
2022/0095(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The information requirements set under this Regulation should include the requirement to make available a product passport. The product passport is an important tool for making information available to actors along the entire value chain and the availability of a product passport should significantly enhance end- to-end traceability of a product throughout its value chain. Among other things, the product passport should help consumers make informed choices by improving their access to product information relevant to them, allow economic operators and other value chain actors such as repairers, independent economic operators or recyclers to access relevant information, and enable competent national authorities to perform their duties. To this end, the product passport should not replace but complement non-digital forms of transmitting information, such as information in the product manual or on a label. In addition, it should be possible for the product passport to be used for information on other sustainability aspects applicable to the relevant product group pursuant to other Union legislation.
Amendment 198 #
2022/0095(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure interoperability, the types of permitted data carriers should be specified. For the same reason, the data carrier and the unique product identifier should be released in accordance with internationally recognised standards. The data should be transferable through an open interoperable data exchange network without vendor lock-in. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend this Regulation by replacing or adding standards in accordance with which the data carrier and the unique identifiers may be released, in light of technical or scientific progress. This should ensure that the information contained in the product passport can be recorded and transmitted by all economic operators, as well as to guarantee the compatibility of the unique identifier with external components such as scanning devices.
Amendment 223 #
2022/0095(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The destruction of unsold consumer products, such as textiles and footwear, by economic operators is becoming a widespread environmental problem across the Union, in particular due to the rapid growth of online sales. It amounts to a loss of valuable economic resources as goods are produced, transported and afterwards destroyed without ever being used for their intended purpose. It is therefore necessary, in the interest of environmental protection, that this Regulation establishes a framework to prevent the destruction of unsold products, in particular, but not limited to products primarily intended for consumers pursuant to Directive (EU) 2019/771 of the European Parliament and of the Council69 , including products that have been returned by a consumer in view of their right of withdrawal as laid down by Directive (EU) 2011/83/EU of the European Parliament and of the Council70 . This will reduce the environmental impact of those products by reducing the generation of waste and by dis- incentivising overproduction of products. In addition, given that several Member States have introduced national legislation on the destruction of unsold consumer products thereby creating market distortions, harmonised rules on the destruction of unsold consumer products are necessary to ensure that distributors, retailers and other economic operators are subject to the same rules and incentives across Member States. __________________ 69 Directive (EU) 2019/771 of the European Parliament and of the Council f 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 6). 70 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
Amendment 228 #
2022/0095(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to avoid the destruction of unsold consumer products, where the destruction of such products is prevalent, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by prohibiting the destruction of such products. Given the wide range of products that may potentially be destroyed without ever being sold or used, it is necessary to establish such empowerment in this Regulation. However, the prohibition set in the delegated acts should apply to specific product groups to be determined based on an assessment by the Commission of the extent to which the destruction of such products takes place in practice, taking into account the information made available by economic operators where appropriate. To ensure that this obligation is proportionate, the Commission shouldmay consider specific exemptions under which destroying unsold consumer products may still be permitted, for instance in view of health and safety concerns. To monitor the effectiveness of this prohibition and to dis-incentivise circumvention, economic operators should be required to disclose the number of unsold consumer products destroyed and the reasons for their destruction under applicable exemptions. Finally, to avoid any undue administrative burden on SMEsmall and microenterprises, they should be exempted from the obligations to disclose their unsold discarded products and from the prohibition to discard specific products groups set in delegated acts. However, where there is reasonable evidence that SMEs may be used to circumvent those obligations, the Commission should be able to require, in those delegated acts, for some product groups, that these obligations also apply to micro, small or medium sized enterprises. The destruction of unsold products by economic operators should however be already prohibited for textiles, footwear, electrical and electronic appliances, given that ample evidence exists to demonstrate that the destruction of such products is taking place and is causing significant environmental impacts.
Amendment 231 #
2022/0095(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) Economic operators should be responsible for products’ compliance with the ecodesign requirements under this Regulation, in relation to their respective roles in the supply chain, so as to ensure those products’ free movement on the internal market and to improve their sustainability. Economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products that are in conformity with this Regulation and the delegated acts adopted pursuant to it. Economic operators making available second-hand products should only be required to comply with ecodesign requirements set out in delegated acts adopted prior to the placing on the market of the first-hand product concerned.
Amendment 258 #
2022/0095(COD)
Proposal for a regulation
Recital 101
Recital 101
(101) To enhance trust in products placed on the market, in particular as regards the fact that they comply with ecodesign requirements, the public needs to be sure that economic operators placing non- compliant products on the market will be subject to penalties. It is therefore necessary that Member States lay down effective, proportionate and dissuasive penalties in national law for failure to comply with this Regulation. To facilitate more consistent application of penalties, common non-exhaustive criteria should be established for determining the types and levels of penalties to be imposed in case of infringements of this Regulation. These criteria should include, inter alia, the nature and gravity of the infringement and the economic benefits derived from and the environmental damage caused by the infringement, insofar as these can be determined.
Amendment 261 #
2022/0095(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – introductory part
Article 1 – paragraph 1 – subparagraph 1 – introductory part
This Regulation establishes a framework to improve the environmental sustainability of products and digital services in order to make sustainable products and digital services the norm, and to reduce their overall environmental, carbon and material footprint over their lifecycle to respect planetary boundaries by 2050 at the latest, as well as to improve their social sustainability and to ensure free movement in the internal market by setting ecodesign requirements that products shall fulfil to be placed on the market or put into service. Those ecodesign requirements, which shall be further elaborated by the Commission in delegated acts, relate to:
Amendment 302 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘digital service’ means: (a) a service that allows the consumer to create, process, store or access data in digital form; or (b) a service that allows the sharing of, or any other interaction with data in digital form uploaded or created by the consumer or other users of that service;
Amendment 316 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘refurbishment’ means preparing or modifyingtesting, and where necessary performing repair and maintenance, as well as deleting data connected to the previous use, including personal data, in case of electronic devices, by a professional, on an object that is waste or a second-hand product to restore its performance or functionality within the intended use, range of performance and maintenance originally conceived at the design stage, or to meet applicable technical standards or regulatory requirements, with before making it available on the market. Refurbishment may also include improving the raesult of making a fully functionalthetics of the product;
Amendment 329 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘durability’ means the ability of a product to function as required, under specified conditions of use, maintenance and repair, until a limiting event prevents its functioningnd maintain for a certain period of time its required function and performance under normal conditions of use, maintenance and repair;
Amendment 332 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘reliability’ means the high probability that a product functions as required under given conditions for a given duration without a limiting event;
Amendment 347 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25 a (new)
Article 2 – paragraph 1 – point 25 a (new)
(25a) 'material footprint' means the quantification of the materials needed for a product category as the sum of biomass, fossil fuels, metal ores and non-metallic minerals consumed;
Amendment 358 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b – indent 3 a (new)
Article 2 – paragraph 1 – point 28 – point b – indent 3 a (new)
— [to be added in the course of the legislative procedure once Regulation (EC) No 1272/2008 contains these hazard classes: Persistent, Bioacumulative, Toxic (PBTs), very Persistent very Bioaccumulative (vPvBs); Persistent, Mobile and Toxic (PMT), very Persistent very Mobile (vPvM); Endocrine disruption]
Amendment 377 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b a (new)
Article 2 – paragraph 1 – point 28 – point b a (new)
(ba) is regulated under Regulation (EU) No 2019/1021, or is listed in Annex XVII of Regulation (EC) No 1907/2006, or restricted in sectorial legislation;
Amendment 403 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
(37) ‘unsold consumer product’ means any consumer product that has not been sold, including surplus, excessive inventory, overstock, deadstock and samples, or that has been returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;
Amendment 433 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 59 a (new)
Article 2 – paragraph 1 – point 59 a (new)
(59a) ‘independent operator’ means a natural or legal person who is independent from the manufacturer and the producer and is directly or indirectly involved in the refurbishment, repair, maintenance or repurposing of the product, and includes waste management operators, refurbishers, repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, operators offering inspection and testing services, operators offering training for installers, manufacturers, and repairers of equipment;
Amendment 457 #
2022/0095(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Products shall only be placed on the market or put into service if they comply with the ecodesign requirements set out in the delegated acts adopted pursuant to Article 4 applicable to those products. Second-hand products shall only be required to comply with ecodesign requirements set out in delegated acts adopted prior to the placing on the market of the first-hand product concerned.
Amendment 458 #
2022/0095(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 466 #
2022/0095(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 471 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation by establishing ecodesign requirements for, or in relation to, products to improve their environmental sustainability. Those requirements shall include the elements listed in Annex VI and shall be established in accordance with Articles 5, 6 and 7 and Chapter III. The empowerment to adopt ecodesign requirements includes the power to establish that no performance requirements, no information requirements or neither performance nor information requirements are necessary for certain specified product parameters referred to in Annex I.
Amendment 487 #
2022/0095(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c a (new)
Article 4 – paragraph 3 – point c a (new)
(ca) requiring products placed on the market to be able to replace the operating system without artificial restrictions, limitations or obstacles by services and users with an operating system of a third- party, including free and open-source software;
Amendment 543 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
However, where two or more product groups display technical similarities allowing a product aspect referred to in paragraph 1 to be improved based on a common requirement, ecodesign requirements may be established horizontally for thosepriority will be given to establish horizontal ecodesign requirements for those product groups. This does not preclude more detailed product requirements for each product groups separately.
Amendment 545 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 3
Article 5 – paragraph 2 – subparagraph 3
A horizontal ecodesign requirement established pursuant to the second subparagraph may cover products falling in the scope of an existing self-regulation measure established as a valid alternative pursuant to Article 18(3), where the Commission considers that that self-regulation measure does not address the product aspect covered by that horizontal ecodesign requirement.
Amendment 547 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. Ecodesign requirements shall, as appropriate, include:
Amendment 554 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a – point i
Article 5 – paragraph 4 – point a – point i
(i) Union climate,objectives and in the fields of: – climate, including the objective to achieve climate neutrality at the latest by 2050; – environmental and biodiversity; – energy efficiency priorities and other related Union prioritie; – resource efficiency and security, and in particular the objective to significantly reduce the overall environmental and material footprints, including embodied emissions in materials, so as to bring them within planetary boundaries by 2050 at the latest; and – other related objectives of the European Union and of obligations pursuant to international agreements;
Amendment 577 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a – point v a (new)
Article 5 – paragraph 4 – point a – point v a (new)
(va) applying the following hierarchy as a priority order: i) reduction; ii) reuse; (iii) repair; (iv) refurbishment; (v) remanufacturing and (vi) recycling;
Amendment 583 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point b
Article 5 – paragraph 4 – point b
Amendment 599 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
Amendment 628 #
2022/0095(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Specific ecodesign requirements on durability and reparability of products When preparing requirements on durability pursuant to article 5 (1), it shall be prohibited to limit the functionality of a product through the design of a specific feature, the use of consumables, spare parts or accessories not provided by the original manufacturer or software updates. When preparing requirements on reparability pursuant to article 5 (1), it shall be prohibited to restrict reparability by impeding disassembly of key components or limiting access to repair information and spare parts exclusively to authorized repairers. To comply with the requirements in paragraph 1 and 2 of this article, manufactures shall make spare parts available to professional repairers, refurbishers and end-users for a minimum period of time, provide access to repair and maintenance information as well as information on the availability and price of spare parts, provide software updates where applicable for the duration of its expected lifetime.
Amendment 630 #
2022/0095(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Performance requirements referred to in paragraph 1 shall be based on the product parameters referred to in Annex I and take into account the elements and objectives mentioned in article 5 (4) and shall, as appropriate, include:
Amendment 636 #
2022/0095(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 640 #
2022/0095(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Performance requirements based on the product parameter set out in Annex I, point (f) shall ensure that products do not contain substances of concern, unless their elimination or substitution via design changes or materials and components which do not require any substances of concern is scientifically or technically impracticable;
Amendment 641 #
2022/0095(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When establishing performance requirements, the Commission shall follow the procedure set out in Annex II. The level of performance shall be set through several tiers, with the first tier corresponding to the minimum performance to be fulfilled. The multiple tiers shall be set according to a top performer approach, where the level of performances defined for each tier shall be gradually increased to the level of the best performing products and best available technologies.
Amendment 652 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b – paragraph 1 – point ii a (new)
Article 7 – paragraph 2 – point b – paragraph 1 – point ii a (new)
(iia) information for consumers and other end-users on how to install third- party operating systems, including free and open-source software, in order to facilitate reusability, upgradability and reparability of electronical devices as required in Article 5(1);
Amendment 716 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 4
Article 7 – paragraph 5 – subparagraph 4
Substances of concern falling under the definition in Article 2(28), point (a), shall not be exempted from the information requirement referred to in the first subparagraph if they are present in the relevant products, their main components or spare parts in a concentration above 0,1 % weight by weight.
Amendment 740 #
2022/0095(COD)
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7a. Manufacturers shall ensure, that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by instructions that enable consumers and other end-users to safely install, develop and maintain third-party operating systems, including free and open-source software, in a language that can be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions shall be clear, understandable and legible and include at least the information specified in the delegated acts adopted pursuant to Article 4 and pursuant to Article 7(2)(b), point (ii).
Amendment 744 #
2022/0095(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 745 #
2022/0095(COD)
Proposal for a regulation
Article 7 b (new)
Article 7 b (new)
Article 7b Durability index 1. Information on product parameters referred to in point (a) of Annex I shall be displayed to consumers in a clear and visible way at the time of purchase pursuant to the requirements under Article 14 of this Regulation and shall enable consumers to compare easily the characteristics of products with regard to their durability. 2. By [2 years after entry into force], the Commission shall adopt a delegated act specifying the methodology and calculation methods to deploy a durability index and the classes of performance to be displayed. The delegated act shall also specify the product categories to which it will apply. 3. In addition to the requirements of paragraph 1 of this Article, distributors and dealers, as applicable, shall provide consumers with clear and easy-to- understand information at the time of purchase on the guaranteed lifetime of a product. This label shall include as a minimum the information of the length of the legal guarantee of conformity and its voluntary extension by the manufacturer
Amendment 746 #
2022/0095(COD)
Proposal for a regulation
Article 7 c (new)
Article 7 c (new)
Article 7c Label on ecodesign features of digital services For digital services not incorporated or interconnected with a tangible movable item and regulated under a product- related delegated act, the Commission shall establish ecodesign criteria and methodology to distinguish providers engaging in ambitious ecodesign aspects of their digital services, such as on energy and resource efficiency as well as carbon and environmental footprints. Such label shall enable consumers, enterprises and public authorities to choose digital services with a view to sustainability and resources consumptions reduction.
Amendment 760 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
(f) the actors that shall have access to information in the product passport and to what information they shall have access, including customers, end-users, manufacturers, importers and distributors, dealers, independent operators, repairers, remanufacturers, recyclers, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf;
Amendment 767 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
(g) the actors that may introduce or update the information in the product passport, including where needed the creation of a new product passport, and what information they may introduce or update, including manufacturers, independent operators, repairers, maintenance professionals, remanufacturers, recyclers, competent national authorities, and the Commission, or any organisation acting on their behalf;
Amendment 772 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point h
Article 8 – paragraph 2 – point h
(h) the period for which the product passport shall remain available by specifying the minimum period of time during which the actors of the value chain storing the data shall guarantee continuous availability of those data.
Amendment 802 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Product information specified in annex III is made available to the public, unless there are reasonable grounds to limit access, as laid down in delegated acts pursuant to Article 4.
Amendment 815 #
2022/0095(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point d
Article 9 – paragraph 1 – subparagraph 1 – point d
(d) all information included in the product passport shall be based on open, standards, developed with an inter-operable format and shall be machine-readable, structured, and searchable, and shall be transferable through an open interoperable data exchange network without vendor lock-in in accordance with the essential requirements set out in Article 10;
Amendment 846 #
2022/0095(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) the data included in the product passport shall be stored the economic operator responsible for its creation or by operators authorised to act on their behalf;. The operator storing the data shall guarantee its continuous availability for a minimum period of time after the last unit has been placed on the market to be specified by the delegated act adopted pursuant to Article 8(2).
Amendment 880 #
2022/0095(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point a – point i
Article 16 – paragraph 1 – point a – point i
(i) the absence or insufficiency of Union law or failure of market forces or self-regulation measures adopted in accordance with Article 18 to address the objective properly; and
Amendment 882 #
2022/0095(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) the distribution of the environmental impacts, energy use, resource use and waste generation across the value chain, in particular whether they take place withinboth within the Union and outside of the Union;
Amendment 896 #
2022/0095(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission shall ensure that when it conducts its activities, it observes a balanced participation of Member States’ representatives and all interested parties involved with the product or product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, economic actors with regard to second-hand products, waste treatment operators, environmental protection groups and consumer organisations. These parties shall contribute in particular to preparing ecodesign requirements, examining the effectiveness of the established market surveillance mechanisms and assessing self-regulation measures.
Amendment 952 #
2022/0095(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
Destruction of unsold consumer productsproducts (Horizontal amendment - this amendment applies throughout the text)
Amendment 993 #
2022/0095(COD)
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1
Article 20 – paragraph 3 – subparagraph 1
Amendment 1001 #
2022/0095(COD)
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point b
Article 20 – paragraph 3 – subparagraph 2 – point b
(b) unrepairable damage to products as a result of their handling or detected after a product has been returned by a consumer;
Amendment 1002 #
2022/0095(COD)
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a Prohibition of the destruction of unsold goods 1. One year after the entry into force of this Regulation, the destruction of unsold products by economic operators shall be prohibited, including after export ouside the EU, for the following product categories: (a) textiles and footwear; (b) electrical and electronic appliances. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation to set out certain exemptions from the prohibitions referred to in paragraph 1 where it is appropriate taking into account the following: (a) health and safety concerns; (b) refusal of products for donation, preparing for re-use or remanufacturing; or (c) counterfeit products. 3. Where unsold products are destroyed under an exemption referred to in paragraph 2, the responsible economic operator shall disclose on a freely accessible website or otherwise make publicly available: (a) the number of unsold products destroyed; (b) the reasons for their destruction, referring to the applicable exemption; (c) the delivery of the products destroyed to recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC. The details and format for the disclosure of information provided in the implementing act adopted pursuant to Article 20( 2) shall apply to the information to be disclosed pursuant to this paragraph. 4. This Article shall not apply to small enterprises or microenterprises. Nevertheless, the Commission shall be empowered to adopt delegated acts in accordance with Article 66 to supplement this Regulation which prohibits microenterprises and small enterprises destroying the unsold products referred to in paragraph1 where there is sufficient evidence that such action may be used to circumvent the prohibition referred to in paragraph 1.
Amendment 1066 #
2022/0095(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Requirements pursuant to Article 4, third subparagraph, point (h) for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, mayshall take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, or targets, as appropriate.
Amendment 1070 #
2022/0095(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point c
Article 58 – paragraph 2 – point c
Amendment 1079 #
2022/0095(COD)
Proposal for a regulation
Article 68 – paragraph 1 a (new)
Article 68 – paragraph 1 a (new)
1a. When determining the type and level of penalties to be imposed in case of infringements, the competent authorities of the Member States shall give due regard to the following criteria: (a) the nature, gravity and duration of the infringement; (b) where appropriate, the intentional or negligent character of the infringement; (c) the financial strength of the natural or legal person held responsible, as indicated for example by the total turnover of the legal person held responsible or the annual income of the natural person held responsible; (d) the economic benefits derived from the infringement by the natural or legal person held responsible, insofar as they can be determined; (e) the damage to human health or the environment caused by the infringement, insofar as it can be determined; (f) any action taken by the natural or legal person held responsible to mitigate or remedy the damage caused; (g) the level of cooperation of the natural or legal person held responsible with the competent authority; (h) previous infringements by the natural or legal person held responsible; (i) any action aiming to circumvent or obstruct administrative controls and (j) any other aggravating or mitigating factor applicable to the circumstances of the case. The Member States shall at least be able to impose the following penalties in case of infringements of this Regulation: (a) fines; (b) confiscation of revenues gained by the natural or legal person from a transaction related to the infringement; (c) exclusion from public procurement procedures.
Amendment 1080 #
2022/0095(COD)
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Amendment 1086 #
2022/0095(COD)
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
No soonlater than [87 years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products. The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.
Amendment 1107 #
2022/0095(COD)
Proposal for a regulation
Annex I – paragraph 1 – point f
Annex I – paragraph 1 – point f
(f) use of substances, and in particular the use of substances of concern, on their own, as constituents of substances or in mixtures, during the production process of products, or leading to their presence in products, including once these products become waste;
Amendment 1114 #
2022/0095(COD)
Proposal for a regulation
Annex I – paragraph 1 – point m a (new)
Annex I – paragraph 1 – point m a (new)
(ma) the material footprint of the product;
Amendment 1122 #
2022/0095(COD)
Proposal for a regulation
Annex II – paragraph 1 – introductory part
Annex II – paragraph 1 – introductory part
Performance requirements shall contribute directly to achieving the objectives mentioned in article 5 (4), take into account the results of the relevant impact assessment, and be set as follows:
Amendment 1123 #
2022/0095(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 1 – paragraph 2
Annex II – paragraph 1 – point 1 – paragraph 2
The technical, environmental and economic analysis shall also identify, for the parameter under consideration, the best-performing products and technologies available on the market. In addition, the analysis shall take into account forecasted technology improvements and behavioural changes in the use of products.
Amendment 1124 #
2022/0095(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 1 – paragraph 3 a (new)
Annex II – paragraph 1 – point 1 – paragraph 3 a (new)
The analysis shall take into account existing roadmaps with performance milestones to achieve EU environment and climate objectives. Where the environmental or climate impact of the product in one or more parameters is particularly important and a roadmap has not yet been developed, the analysis shall develop a roadmap with performance milestones that allow for the achievemement of relevant EU environment objectives and staying within planetary boundaries by 2050.
Amendment 1125 #
2022/0095(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 1 – paragraph 4
Annex II – paragraph 1 – point 1 – paragraph 4
Based on this analysis, and taking into account economic and technical feasibility, including the availability of key resources and technologies and planetary boundaries, as well as the potential for improvement, levels or non-quantitative requirements shall be defined.
Amendment 1128 #
2022/0095(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 1 – paragraph 7 a (new)
Annex II – paragraph 1 – point 1 – paragraph 7 a (new)
To ensure the minimum levels are in line with the environmental objectives of the EU, they shall be reviewed and updated every 6 years, or earlier if deemed necessary by the Commission.
Amendment 1135 #
Amendment 169 #
2022/0094(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Amendment 170 #
2022/0094(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – point c
Article 7 – paragraph 2 – subparagraph 1 – point c
Amendment 171 #
2022/0094(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 172 #
2022/0094(COD)
Proposal for a regulation
Article 7 – paragraph 7 – point a
Article 7 – paragraph 7 – point a
Amendment 173 #
2022/0094(COD)
Proposal for a regulation
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States may ban the destruction of surplus and unsold products or products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non- commercial use of products.
Amendment 174 #
2022/0094(COD)
Proposal for a regulation
Article 7 – paragraph 8 a (new)
Article 7 – paragraph 8 a (new)
8 a. Taking into account national destruction bans in accordance with paragraph (8) and the information provided in accordance with Article 22a, the Commission shall be empowered to adopt delegated acts according to Article 87 to supplement this Regulation by prohibiting economic operators to destroy surplus and unsold products in the Union, where the destruction of such products falling within a certain product family or category has significant environmental impact.
Amendment 176 #
2022/0094(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The following information referred to in Article 31 or, as the case may be, inon substances of concern added to the product shall be provided together with the declaration of performance: a) information on included substances meeting the criteria laid down in Article 57 and is identified in accordance with Article 3359(1) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council45 shall be provided together with the declaration of performance; (b) information on included substances classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008. __________________ 45 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1.).
Amendment 214 #
2022/0094(COD)
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1 – point j a (new)
Article 22 – paragraph 2 – subparagraph 1 – point j a (new)
(j a) have extended producer responsibility for products that they make available on the market for the first time within the territory of a Member State, including financing collection, transport, preparation for repurposing and remanufacturing, treatment and recycling of waste construction products and providing end-of-life information.
Amendment 227 #
2022/0094(COD)
Proposal for a regulation
Article 22 – paragraph 6 a (new)
Article 22 – paragraph 6 a (new)
6 a. Where appropriate to promote the availability of products with the best sustainability performance on the market, the Commission shall foster the use of the EU Ecolabel referred to in Regulation (EC) No 66/2010 of the European Parliament and of the Council for labelling the best performing products.
Amendment 228 #
2022/0094(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22 a Destruction of surplus and unsold products 1. A manufacturer that discards surplus and unsold products directly, or on behalf of another economic operator, shall disclose: (a) the number of surplus and unsold products discarded per year, differentiated per product families and categories; (b) the reasons for the discarding of products; (c) the delivery of discarded products to preparing for re-use, remanufacturing, recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC. The economic operator shall disclose that information on a freely accessible website or otherwise make it publicly available, until a delegated act adopted pursuant to article 7 starts applying to the family or category of surplus and unsold products discarded by the operator in question. 2. The Commission may adopt implementing acts setting out the format for the disclosure of the information referred to in paragraph 1, including how the information is to be verified. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2).
Amendment 232 #
2022/0094(COD)
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. The Commission is empowered toBy 31 December 2026, the Commission shall supplement this Regulation by means of delegated act according to Article 87, by setting up a Union construction products database or system that builds to the extent possible onDigital Product Passport that builds on and is interoperable with the Digital Product Passport established by Regulation (EU) ... [Regulation on ecodesign for sustainable products].
Amendment 261 #
2022/0094(COD)
Proposal for a regulation
Article 84 – paragraph 3 – point c a (new)
Article 84 – paragraph 3 – point c a (new)
(c a) the relevant Union green public procurement criteria.
Amendment 262 #
2022/0094(COD)
Proposal for a regulation
Article 84 – paragraph 3 a (new)
Article 84 – paragraph 3 a (new)
3 a. Where a product is covered by the Union green public procurement criteria but not yet by harmonised technical specifications, contracting authorities and contracting entities shall make best efforts to purchase only products and services that respect at least the technical specifications set at ‘core’ level in the relevant Union green public procurement criteria including among others for Office Building Design, Construction and Management and Union green public procurement criteria for Road Design, Construction and Maintenance.
Amendment 348 #
2022/0094(COD)
Proposal for a regulation
Annex I – Part C – point 2 – point 2.1 – point l a (new)
Annex I – Part C – point 2 – point 2.1 – point l a (new)
(l a) release of odours or substances with adverse effects on human health into indoor air;
Amendment 50 #
2022/0051(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Under this Directive, all EU companies with more than 500 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high-impact sector, except for micro-enterprises as defined by Article 3(1) of Directive 2013/34/EU, should be required to comply with due diligence. Companies operating in high-impact sectors and high risk areas should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. _________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
Amendment 54 #
2022/0051(COD)
Proposal for a directive
Recital 22
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and environmental issues, the selectionand climate issues, this Directive should provide a list of high-impact sectors for the purposes of this Directive should be based, amongst others, on existing sectoral OECD due diligence guidance. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, apparel, fur, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale retail and trade of agricultural raw materials, live animals, wood, food, and beverages; construction and infrastructure building; transportation sector; logistics and storage; ; the extraction of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value chaThe production, use and waste management of electronic products; waste management sector; employment activities, health, social and elder care; cleaning and the services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader coverage of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even if they do not have a legal form with limited liability. household services; hospitality; financial services provided by regulated financial undertakings, according to Article 3(a)(iv), such as the provision of loan, credit, financing, investment, pensions, securitisation, insurance and reinsurance, market funding, risk management, payment services and other financial services; technology, digital activities and online platforms; manufacture and trade of weapons and ammunition, including dual-use items, manufacture and trade of military fighting vehicles; private security activities and security systems service activities, including the development and operation of biometrics and surveillance technologies.
Amendment 62 #
2022/0051(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and, environmental and climate impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on quantitative and qualitative information. For instance, as regards adverse environmental and climate impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in value chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify theWhere the company cannot prevent, bring to an end or minimize all its adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstancessame time, it should develop and implement a prioritisation strategy in consultation with the social partners and civil society organisations, which shall take into account the level of severity, likelihood, the duration, the spread and reversibility of the potential adverse impact on human rights, the environment and climate.
Amendment 80 #
2022/0051(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons, groups, communities, entities and organisations to submit complaints directly to them in case of legitimate concerns regarding actual or potential human rights and, environmental and climate adverse impacts. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual adverse impact, human rights and environmental rights defenders, or other legal or natural persons who have as a statutory purpose the defence of human rights, climate, the environment or good governance. Companies should establish ha procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaints should be entitled to request from the company appropriate follow-up on the complaint and to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint. This access should not lead to unreasonable solicitations of companies.
Amendment 83 #
2022/0051(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Companies should monitortrack the implementation and monitor the effectiveness of their due diligence measures. They should carry out periodic assessments, in consultation with stakeholders, of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
Amendment 86 #
2022/0051(COD)
Proposal for a directive
Recital 46 a (new)
Recital 46 a (new)
(46 a) Stakeholders, including workers as well as human rights and environmental rights defenders should be engaged effectively, meaningfully and in a structural manner by companies throughout the entire due diligence process. Companies should pay special attention to overlapping vulnerabilities and intersecting factors in stakeholder engagement, including by adopting agender and culturally responsive approach at all times. Companies should provide meaningful information to stakeholders about actual and potentialadverse human rights, environmental and climate impacts of particular operations, projects and investments, in a timely and accessible manner taking into account specificities of different stakeholders. Companies must respect the rights of Indigenous Peoples, as laid out in the United Nations Declaration on the Rights of Indigenous Peoples, including free, prior and informed consent and indigenous peoples’ right to self-determination.
Amendment 89 #
2022/0051(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Although SMEs are not included in the scope of this Directive, they could be impacted by its provisions as contractors or subcontractors to the companies which are in the scope. The aim is neverthelesThe aim is to mitigate financial or administrative burden on SMEs, many of which are already struggling in the context of the global economic and sanitary crisis. In order to support SMEs, Member States should set up and operate, either individually or jointly, dedicated websites, portals or platforms, and Member States could also financially support SMEs and help them build capacity. Such support should also be made accessible, and where necessary adapted and extended to upstream economic operators in third countries. Companies whose business partner is an SME, are also encouraged to support them to comply with due diligence measures, in case such requirements would jeopardize the viability of the SME and use fair, reasonable, non- discriminatory and proportionate requirements vis-a-vis the SMEs.
Amendment 96 #
2022/0051(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be required to lay down rules governing the civil liability of companies for damages arising due to its failure to comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage. The company should also be liable for damages that result from adverse human rights, environmental or climate impacts that should have been identified, prevented, mitigated, brought to an end or their extent minimised by its subsidiaries.
Amendment 99 #
2022/0051(COD)
Proposal for a directive
Recital 57
Recital 57
(57) As regards damages occurring at the level of established indirect business relationships, the liability of the company should be subject to specific conditions. TWhen the damage results from adverse impacts caused by business relationships within a company’s supply chain, the company should not be liable if it carried out specific due diligence measures. However, it should not be exonerated from liability through implementing such measures in case it was unreasonable to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the adverse impact. In addition, in the assessment of the existence and extent of liability, due account is to be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided as well as any collaboration with other entities to address adverse impacts in its value chains.
Amendment 103 #
2022/0051(COD)
Proposal for a directive
Recital 59 a (new)
Recital 59 a (new)
(59 a) Trade unions, civil society organisations or other relevant actors acting in the public interest, such as National Human Rights Institutions or an Ombudsman, should be able to bring representative actions before their courts on behalf and for the protection of the collective interests of victims of actual and potentialadverse impacts, and that these entities have the rights and obligations of a claimant party in the proceedings.
Amendment 107 #
2022/0051(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Persons who work for companies subject to due diligence obligations under this Directive or who are in contact with such companies in the context of their work-related activities can play a key role in exposing breaches of the rules of this Directive. They can thus contribute to preventing and deterring such breaches and strengthening the enforcement of this Directive. Directive (EU) 2019/1937 of the European Parliament and of the Council106 should therefore apply to the reporting of all breaches of this Directive and to the protection of persons reporting such breaches. In particular, stakeholders submitting complaints or concerns should be effectively protected, notably by ensuring the confidentiality and anonymity of the complaint or concern raised. Stakeholders should also be protected against strategic lawsuits against public participation. _________________ 106 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
Amendment 117 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to companies which are formed in accordance with the legislation of a Member State and which fulfil one of the following conditions, with the exception of micro- enterprises as defined by article 3(1) of Directive2013/34/EU:
Amendment 121 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 130 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 135 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point i
Article 2 – paragraph 1 – point b – point i
Amendment 139 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
Article 2 – paragraph 1 – point b – point ii
Amendment 142 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii
Article 2 – paragraph 1 – point b – point iii
Amendment 150 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to companies which are formed in accordance with the legislation of a third country, and fulfil one of the following conditions:have generated a net turnover of more than EUR 8 million in the financial year preceding the last financial year.
Amendment 154 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 158 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 161 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For the purposes of paragraph 1, the number of part-time employeeworkers shall be calculated on a full-time equivalent basis. Temporary agency workers and other workers in non-standard forms of employment, such as on-call work, multiparty employment relationships, disguised employment and dependent self- employed, shall be included in the calculation of the number of employees in the same way as if they were workers employed directly for the same period of time by the company.
Amendment 172 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘adverse human rights impact’ means an adverse impact on protected persons resulting from the violation of one of the rights or prohibitionsthe enjoyment of rights, notably those listed in the Annex, Part I Section 1, as enshrined in the international conventions and European human rights instruments listed in the Annex, Part I Section 2;
Amendment 173 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) ‘business relationship’ means a relationship withbetween the company or one of its subsidiaries and a contractor, subcontractor or any other legal entities, governmental or otherwise, within their value chain (‘partner’)
Amendment 180 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) n) ‘stakeholders’ means: (i) the company’s employees workers, the employees workers of its subsidiaries, and other individuals, grouptrade unions and workers’ representatives, and other individuals, groups, civil society organisations, communities or entities whose rights or interests are or could be affected by the products, services and operations or by the potential or actual adverse impacts on human rights or the environment of that company, its subsidiaries, branches and its business relationships; across the entire value chain; (ii) organisations representing the individuals, groups, communities or entities included in (i), including in particular workers’ representatives ’which means representatives of recognised trade unions or other persons who are freely elected or who are designated by the workers in an organisation to represent them in accordance with national law and practice.The exclusive prerogatives and rights of trade unions, such as the right of trade unions to participate in collective bargaining, and to conclude collective agreements, and workers' right to organise themselves in trade unions, shall be preserved; (iii) organisations who have as a statutory purpose the defence of human rights or the environment;and (iv) other legal or natural persons engaged in the defence of human rights or the environment.
Amendment 190 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
Amendment 192 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q b (new)
Article 3 – paragraph 1 – point q b (new)
Amendment 195 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Member states shall ensure that;in fulfilling their obligations pursuant to article 5 to 11, companies effectively and meaningfully engage stakeholders. Such stakeholder engagement covers information, consultation and participation and takes places on a structural and regular basis throughout the entire due diligence process.Companies shall be required to ensure that: (a) comprehensive and meaningful information is provided to stakeholders in accordance with article11; (b) effective and appropriate frameworks, measures and tools of engagement are put in place, including but not limited to; (i) setting reasonable and appropriate timelines; (ii) identifying and addressing potential barriers to participation; (iii) providing adequate protection of stakeholders from the risk of retaliation; (iv) implementing an action plan to proactively seek the engagement of stakeholders in a marginalised or vulnerable situation; (c) ad-hoc and pro-active engagement with stakeholders is initiated in case of significant changes in operations, activities or operating context. (d) a gender- and culturally responsive approach is ensured at all times. (e) The involvement, information, consultation and participation rights of trade union and workers’ representatives, as provided for in Union law, national law and practice are fully respected and applied.Member States shall also ensure that trade union and workers’ representatives have access to the relevant resources, in particular in the form of training, to exercise their rights. (f) Member States shall ensure the equal and meaningful participation in consultations and negotiations of women’s organizations and women human rights defenders (g) Member States shall ensure that, when stakeholders request to be included in the engagement outlined in paragraph 1, companies assess and respond to these requests and that they provide a detailed justification in case the request is denied.
Amendment 197 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that companies integrate due diligence into all their corporate policies and have in place a due diligence policy. The due diligence policy shall be developed in consultation with all stakeholder sand shall contain all of the following:
Amendment 202 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a code of conduct describing rules and principles to be followed by the company’s employees and subsidiaries and entities with whom the company or any of its subsidiaries have business relationships;
Amendment 204 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a code of conduct describing rules and principles to be followed by the company’s employeeworkers and subsidiaries; across all corporate functions and operations,
Amendment 209 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2 – point 1 (new)
Article 5 – paragraph 2 – point 1 (new)
(1) For undertakings operating in one oft he sectors referred to in article 3 point (ca), the description of the company’s approach, the code of conducts and description of the processes and measures required under paragraph 1 (a) to (c) shall also include a detailed focus on the risks and impacts that are specific to that sector and area.
Amendment 210 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. The due diligence policy shall be developed in consultation with all stakeholders in line with article 4 paragraph 2a. Undertakings shall carry out negotiations, information and consultation with trade unions and workers’ representative including to integrate due diligence into all their corporate policies and have in place a due diligence policy within the meaning of in Directive 2009/38/EC
Amendment 213 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. 1 a. Member States shall ensure that in particular for companies operating in one of the sectors referred to in Article 3, appropriate measures shall also target the risks that are specific to that sector.
Amendment 216 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. By way of derogation frMember States shall ensure that com paragraph 1, companies referred to in Article 2(1), point (b), and Article 2(2), point (b), shall only be required to identify actual and potential severe adverse impacts relevant to the respective sector mentioned in Article 2(1), point (b)nies map their value chain and publicly disclose information relevant to human rights, environmental and climate impacts, including names, locations, types of operations, products and services supplied, as well as other relevant information concerning subsidiaries, branches and business relationships.
Amendment 217 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 219 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying and assessing the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, including disaggregated data, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevant stakeholders to gather information on collect and assess sex-disaggregated data and identify gender-specific trends and patterns to understand whether their activities impact differently on men and women. Companies shall also carry out consultations with potentially affected groups including workers and other relevant stakeholders, including trade unions, civil society organisations as well as human rights and environmental rights defenders, to gather information on as well as identify and assess actual or potential adverse impacts.
Amendment 226 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Companies shall be required to take appropriate measures, including but not limited to the following actions, where relevant:
Amendment 231 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for actionppropriate measures and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affectedll stakeholders;
Amendment 234 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seekobtain contractual assurances from and other assurances regarding its business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall apply;In case the business relationship is active in one of the sectors referred to in Article 3, the assurances shall also include details on ensuring compliance with regards to the risks that are specific to that sector. With regards to contractual assurances the terms shall be reasonable and non- discriminatory. Obtaining contractual assurances shall not exempt a company from its further obligations under this Directive nor shall it as such exempt a company from its liability for adverse impacts; ,
Amendment 238 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(e a) The appropriate measures and actions shall apply to a company’s own operations, products and services, their subsidiaries as well as direct and indirect business relationships.
Amendment 240 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 243 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
The contractual assurances or the contract shall be accompanied by the appropriate measures to verify compliance. For the purposes of verifying compliance, the company may refer to suitable industry initiatives or independent third-party verification.
Amendment 247 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 249 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6 a. In the event that a company is not in a position to prevent at the same time all the potential adverse impacts identified, it shall develop and implement a prioritisation strategy in consultation with all stakeholders, which shall take into account the level of severity and likelihood, the duration, the spread and the reversibility of the different potential adverse impacts on human rights, the environment and climate.
Amendment 252 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Companies shall be required to take the following actions, where relevantincluding but not limited to:
Amendment 257 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance andthrough appropriate measures, including gender and culturally responsive policies and plans. In the event that these measures are accompanied by financial compensation paid by companies for adverse impacts resulting from business relationships, companies schale of the adverse impact and to the contribul benefit from legal assurance to obtain compensation ofrom the company’s conduct to the adverse impactpartners concerned;
Amendment 264 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, tThe corrective action plan shall be developed in consultation with stakeholders including trade unions and workers representatives and civil society organisations, and shall be publicly available;
Amendment 266 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seekobtain contractual assurances from a directnd other assurances regarding its direct business partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan., including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (In case the business relationship is active in one of the sectors referred to in Article 3, the assurances shall also include details on ensuring compliance with regards to the risks that are specific to that sector. With regards to contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply.surances the terms shall be reasonable and non- discriminatory. Obtaining contractual assurances shall not exempt a company from its further obligations under this Directive nor shall it as such exempt a company from its liability for adverse impacts;
Amendment 271 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. As regards actual adverse impactThese measures and actions tshat could not be brought to an end or adequately mitigated by the measures in paragraph 3, the company may seek to conclude a contract with a partner with whom it has an indirect relationship, with a view to achieving compliance with the company’s code of conduct or a corrective action plan. When such a contract is concluded, paragraph 5 shall applyll apply to a company’s own operations, products and services, subsidiaries as well as direct and indirect business relationships.
Amendment 272 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
Amendment 276 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 278 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility forestablish, in consultation with stakeholders, or participate in an effective grievance mechanisms at operational level, both as an early-warning risk- awareness and as a remediation system, that can be used by provide persons and organisations listed in paragraph 2 to submit complaints and request remedy to them where they have legitimatreasonable concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chains.
Amendment 282 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Member States shall ensure that grievance mechanisms as established by companies, are legitimate, accessible, predictable, safe, equitable, transparent, rights-compatible and adaptable. Such mechanisms shall provide for the possibility to raise concerns either anonymously or confidentially, in accordance with national law.
Amendment 283 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1 b. Member States shall ensure that companies adopt and implement policies and processes to maintain the independence of the complaints procedure and address the needs of people who may be at heightened risk of vulnerability or marginalisation. Complaints procedure shall be gender and culturally responsive and Member States shall oblige companies to remove any barriers that women may face to effective access them.
Amendment 284 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1 c (new)
Article 9 – paragraph 1 c (new)
1 c. Member States shall ensure that companies provide information to stakeholders, including in particular actual and potentially affected rights holders, on such grievance mechanisms, including on how to access them, on decisions and remedies relating to a company and on how the company is implementing them. All information shall be published in a manner that does not endanger the stakeholders’ safety, including by not disclosing their identity.
Amendment 285 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1 d (new)
Article 9 – paragraph 1 d (new)
1 d. Member States shall ensure that stakeholders, including in particular actual and potentially affected rights holders, play a central role in the design and evaluation of such independent grievance mechanisms andin the provision of remedy.
Amendment 286 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1 e (new)
Article 9 – paragraph 1 e (new)
1 e. Member States shall ensure that companies are enabled to provide a grievance mechanism through collaborative arrangements with other companies or organisations, by participating in multi-stakeholder grievance mechanisms or joining a Global Framework Agreement.
Amendment 287 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1 f (new)
Article 9 – paragraph 1 f (new)
1 f. The body or person applying the grievance mechanism shall be entitled to make proposals to the companies on how potential or actual adverse impacts may be addressed and on how to improve the grievance mechanism.
Amendment 288 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that the complaints may be submitted by all persons, groups, communities, entities and civil society organisations covered by Article 3 points (n), and in particular by:
Amendment 297 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value chain concerned,
Amendment 309 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainants and their representatives are entitled
Amendment 317 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) to meetengage with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint.
Amendment 320 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b a (new)
Article 9 – paragraph 4 – point b a (new)
(b a) to receive guarantees of non- retaliation, confidentiality and anonymity for all actual and potentially affected stakeholders.
Amendment 323 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b b (new)
Article 9 – paragraph 4 – point b b (new)
Amendment 324 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b c (new)
Article 9 – paragraph 4 – point b c (new)
(b c) to obtain fully remediation or contribution to the full remediation of actual adverse impacts. The remedy shall be proportionate to the significance and scale of the adverse impact.
Amendment 325 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b d (new)
Article 9 – paragraph 4 – point b d (new)
(b d) Member States shall ensure that recourses to a grievance mechanism shall not preclude the claimants from having access to the substantiated concerns procedure as described in article 19, to the civil liability as described in article 22, nor to any other judicial mechanisms or other non- judicial grievance mechanism.
Amendment 326 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b e (new)
Article 9 – paragraph 4 – point b e (new)
(b e) Member States shall ensure that any non-judicial remediation efforts must be in parallel to encouraging collective bargaining and recognition of trade unions and should by no means undermine the role of legitimate trade unions in addressing labour-related disputes.
Amendment 328 #
2022/0051(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Communicating on and Access to Information
Amendment 329 #
2022/0051(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
The Commission shall adopt delegated acts in accordance with Article 28 concerning the content and criteria for such reporting under paragraph 1, specifying information on the description of due diligence, potential and actual adverse impacts and actions taken on those. Member States shall ensure that companies provide, adequate, comprehensive and meaningful information to stakeholders about actual and potential adverse human rights, environmental and climate impacts and about the actions taken in accordance with this Directive with regards to particular operations, projects and investments.This information shall be provided inwritten and in a timely, accessible and gender and culturally responsive manner, taking into account the specifics of the stakeholder. In cases of significant changes in operations, activities or operating context, Member States shall ensure that companies proactively communicate to stakeholders and provide complementary and intermediary information. Member States shall ensure that stakeholders have the right to request additional information from a company regarding the actions taken in accordance with this Directive, without an interest having tobe stated nor proven.Member States shall ensure that the company provides information within a reasonable time, and at the latest within one month after the request has been submitted.A stakeholder whose request for information is denied shall be given a detailed and written justification within a reasonable time.In the event the company does not provide sufficient justification, ignores the request, refuses to disclose the requested information, whether in part or in full, or answers inadequately to the request, Member States shall ensure that' supervisory or judicial authorities are entitled to order the disclosure of the information.This process should be just, equitable, timely and not prohibitively expensive.Decisions, whether from supervisory or judicial authorities, shall be publicly accessible. Member States shall ensure that the confidentiality of commercial and industrial information, as established under national legislation, shall not serve as a barrier for access to information that relates to the application of this Directive. Grounds for refusal of disclosure shall be interpreted in a restrictive way, taking into account the public interest served by disclosure and the objectives of this Directive.
Amendment 331 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, including the European cross-industry and sectoral social partners, the European Union Agency for Fundamental Rights, the European Labour Authority, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, such as the UN, ILO and Council of Europe, may issue guidelines, including for specific sectors or specific adverse impacts. and guidance on identifying high-impact sectors and areas. The issues to be addressed by the guidelines shall include the specific obligations under article 5 to 11 of this Directive as well as:(a) gender-responsive and culturally responsive due diligence; (b) measures that companies should take to address the challenges faced by smallholders, including access to a living income; (c) responsible disengagement;
Amendment 339 #
2022/0051(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission may complement Member States’ support measures building on existing Union action to support due diligence in the Union and in third countries and may devise new measures, including facilitation of joint stakeholder initiatives to help companies fulfil their obligations. 3a.Member States shall provide financial and other support for stakeholders, including for their capacity development.Member States shall also provide relevant and necessary information and instruments to support stakeholders‘ participation in due diligence and judicial processes, in accordance with article 4 3b. The Commission shall develop and implement measures to support safe participatory collection of independent data on human rights violations and undertake necessary actions for the data to be considered.
Amendment 347 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) they failed to comply with the obligations laid down in Articles 7 and 8this Directive and;
Amendment 349 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8this Directive occurred and led to damage.
Amendment 350 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1 a. Member States shall ensure that companies are liable for damages that result from adverse human rights, environmental and climate impacts arising as a result of the activities of a subsidiary and, that should have been identified, prevented, mitigated, brought to an end or their extent minimised by their subsidiaries under this Directive.
Amendment 352 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company shas taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activitill be liable for damages that result from an adverse impact arising as a result of the activities of an indirect partner with whom it has a business relationship, unless they can prove they took appropriate measures capable of preventing, mitigating or bringing to an end or minimise the extent of the adverse impact. In the assessment of the existence and extent of liability under this paragraph, due account shall betaken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles of7 an indirect partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the acd 8, as well as any collaboration with other entities to address adverse impacts in its value chains. Where there is a civil liability claim for damages in accordance with Article 22 paragraph 1 and 2, and the claimant provides prima facie elements substantiating the likelihood of the respondent's liability under the Directive, Member States shall take such measures as are necessary to ensure that the causal link between the damage and the company’s failure to comply is presumed, and that it shall be for the respondent to prove it has complied with its obligations actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impact. s laid down in the Directive and that the measures it took were appropriate. Where claimants have provided reasonably available evidence sufficient to support their action in accordance to paragraph 1, Member States shall ensure that courts are enabled to order the defendant and third parties to disclose any evidence in their control, including evidence related to the nature of business relationships or the structure of the company, if requested by the claimant and in accordance with national procedural law, subject to the applicable Union and national rules on confidentiality and proportionality.
Amendment 354 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Member States shall ensure that the liability provided for in provisions of national law transposing this Article is of overriding mandatory application in cases where the law applicable to claims to that effect is not the law of a Member State. Member States shall ensure that trade unions and civil society organisations or other relevant actors acting in the public interest can bring representative actions before court on behalf and for the protection of the collective interests of victims of actual and potential adverse impacts, and that these entities have the rights and obligations of a claimant party in the proceedings. Member States shall ensure that victims of actual and potentialadverse impacts and any stakeholder with a legitimate interest are entitled to seek injunctive measures before Union courts. These shall be available in the form of a provisional or a definitive measure to cease a practice that may constitute a breach of this Directive, or in the form of a provisional or a definitive measure to take effective actions to comply with this Directive.
Amendment 359 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point b a (new)
Article 29 – paragraph 1 – point b a (new)
(b a) the involvement of stakeholders throughout all due diligence processes;
Amendment 363 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – point 7
Annex I – Part I – point 7
7. Violation of the right to enjoy just and favourable conditions of work including a fair wage, a decent living, safe and healthy working conditions and reasonable limitation of working hours in accordance with Article 7 of the International Covenant on Economic, Social and Cultural Rights; Violation of the right to an adequate standard of living for oneself and her/his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions in accordance with Article11.1 of the International Covenant on Economic, Social and Cultural Rights and Article 25.1 of the Universal Declaration of Human Rights
Amendment 365 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – point 18 – introductory part
Annex I – Part I – point 18 – introductory part
18. Violation of the prohibition of causing any measurable environmental degradationquantitative and qualitative environmental degradation and contributing to climate change, such as harmful soil change, water or air pollution, harmful emissions, including GHG emissions, or excessive water consumption or other impact on natural resources, that
Amendment 366 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – point 18 – point e
Annex I – Part I – point 18 – point e
(e) affects ecological integrity, such as deforestation and the intrinsic value of ecosystems as well as the interrelations between them,
Amendment 367 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – point 18 – paragraph 1
Annex I – Part I – point 18 – paragraph 1
in accordance with Article 3 of the Universal Declaration of Human Rights, Article 5 of the International Covenant on Civil and Political Rights and Article 12 of the International Covenant on Economic, Social and Cultural Rights; and the right to a clean, healthy and sustainable environment;
Amendment 370 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – point 20 a (new)
Annex I – Part I – point 20 a (new)
20 a. Violation of the indigenous peoples’ right to give, modify, withhold or withdraw their free, prior, and informed consent to interventions, decisions and activities that may affect their lands, territories, resources and rights, in accordance with Article 10, 11(2), 19, 28, 29(2), 32(2) of the United Nations Declaration on the Rights of Indigenous Peoples and Article 6 and 16 (2) of ILO Convention 169on Indigenous and Tribal Peoples;
Amendment 377 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 3 a (new)
Annex I – Part I – indent 3 a (new)
- The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families;
Amendment 379 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 9 a (new)
Annex I – Part I – indent 9 a (new)
- The United Nations Declaration on Human Rights Defenders;
Amendment 380 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 10 a (new)
Annex I – Part I – indent 10 a (new)
- The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas;
Amendment 384 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 14 a (new)
Annex I – Part I – indent 14 a (new)
- The International Labor Organisation’s Convention on Indigenous and Tribal Peoples (no. 169) The International Labour Organization’s Violence and Harassment Convention, 2019 (No. 190)
Amendment 385 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 15
Annex I – Part I – indent 15
— The International Labour Organization’s core/fundamental conventions:
Amendment 402 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 23 a (new)
Annex I – Part I – indent 23 a (new)
- Occupational Safety and Health Convention, 1981 (No. 155)· Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) The European Convention on Human Rights The European Social Charter The Charter of Fundamental Rights of the European Union Convention on preventing and combating violence against women and domestic violence (‘IstanbulConvention’)
Amendment 25 #
2021/2253(INI)
Motion for a resolution
Citation 10
Citation 10
— having regard to the International Labour Organization (ILO) conventions and recommendations, and in particular C189 Domestic Workers Convention of 2011, C149 Nursing Personnel Convention of 1977, C183 Maternity Protection Convention of 2000 and C190 Violence and Harassment Convention of 2019,
Amendment 51 #
2021/2253(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
— having regard to the 2022 ILO report Care at work: Investing in care leave and services for a more gender equal world of work,
Amendment 52 #
2021/2253(INI)
Motion for a resolution
Citation 23 b (new)
Citation 23 b (new)
— having regard to the ILO Resolution concerning a global call to action for a human-centred approach from the COVID-19 crisis that is inclusive, sustainable and resilient, adopted at the 109th Session of the International Labour Conference in June 2021,
Amendment 102 #
2021/2253(INI)
Motion for a resolution
Recital B
Recital B
B. whereas care encompasses services to address the physical, psychological and social, personal and household needs of dependents, as well as support to guarantee the equal exercise of rights, dignity, autonomy, inclusion and well-being for all members of society;
Amendment 106 #
2021/2253(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the term "care work" refers to a variety of services provided by individuals, families, communities, paid service providers, public organisations and public institutions in different types of settings, ranging from institutions to private households;
Amendment 113 #
2021/2253(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the European Commission defines personal and household services as a broad range of activities that contribute to well-being at home of families and individuals, including childcare, long term care and for persons with disabilities, household chores, remedial classes, home repairs, gardening, ICT support;
Amendment 115 #
2021/2253(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas in personal and household services, care and non-care activities are highly intertwined with a vast proportion of workers performing both;
Amendment 119 #
2021/2253(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas care provision includes not only personal care but also non- relational indirect care performed by personal and household workers, which provides the necessary preconditions for the provision of personal care;
Amendment 140 #
2021/2253(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas many care workers are migrant, predominantly racialised women, facing a highly precarious situation and experiencing intersectional discrimination due to their race or ethnicity, gender, socioeconomic status and nationality; whereas migrant workers are not treated equally in terms of access to decent work and social protection;
Amendment 161 #
2021/2253(INI)
Motion for a resolution
Recital D
Recital D
D. whereas there is a lack of quality, universally accessible and affordable care in nearly all Member States; whereas the monitoring of care is hampered by the lack of disaggregated data and the lack of quality indicators;
Amendment 171 #
2021/2253(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas continuous cuts in public spending have drastically lowered access to quality health care and care services;
Amendment 173 #
2021/2253(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas universal access to care depends on well-financed, quality public services and social protection systems;
Amendment 174 #
2021/2253(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the majority of care workers do not earn enough to afford a decent standard of living for themselves and their families;
Amendment 194 #
2021/2253(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the increase in workload, heightened exposure to health and safety hazards as well as an increase in violence and harassment against care workers have exacerbated mental health and psychosocial risks such as anxiety, depression and burn out amongst workers in the care sector;
Amendment 201 #
2021/2253(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas according to the World Health Organization up to half of the COVID-19 deaths in Europe were of residents in long-term care facilities; whereas 31 % of care workers do not have adequate access to personal protective equipment;
Amendment 204 #
2021/2253(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas the persistent lack of recognition of personal and household services workers has meant that many who lost employment during the COVID- 19 pandemic, were unable to access social protection measures and became homeless as a result;
Amendment 220 #
2021/2253(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the provision of quality care depends on the existence of a sufficientlysafe staffing levels and a large and well-trained workforce, the creation of decent working conditions and integrated services, and adequate funding;
Amendment 228 #
2021/2253(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the proportion of undeclared work in the care sector remains disproportionately high, leading to fewer protections for workers in the sector, and a loss of income for Member States;
Amendment 232 #
2021/2253(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas quality care work is a skilled occupation, and demand for skilled care workers will only increase in the coming years;
Amendment 250 #
2021/2253(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the structures of care need to be changed from centralised institutions to home and community-based care; whereas that shift has been too slow;
Amendment 289 #
2021/2253(INI)
Motion for a resolution
Recital I
Recital I
I. whereas 6.3 million professionals work in long-term care, among whom women (81 %) are overrepresented and there are increasing numbers of part-time and precarious platform workers, as well as migrant, informal and mobile workers;
Amendment 301 #
2021/2253(INI)
Motion for a resolution
Recital J
Recital J
J. whereas in all the Member States, pay in the care sector is well below the average pay and is connected with lower collective bargaining coverage in the care sector, as well as the feminisation and undervaluation of care work;
Amendment 323 #
2021/2253(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas only 6% of men say that the main reason for working part-time is because of care responsibilities, compared to 29 % of women and only 64 % of fathers in the EU provide care on a daily basis; whereas the uneven distribution of unpaid care work hinders women’s access to full-time employment and contributes negatively to the gender income gap;
Amendment 329 #
2021/2253(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas in the European Union at least 3,1 million personal and household service workers are employed undeclared, lacking recognition and fundamental workers’ rights such as collective bargaining, social security and social protection;
Amendment 334 #
2021/2253(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the high numbers of care recipients who are dependent on informal care are directly linked to the inaccessibility and unaffordability of quality professional services, whereas an increasing privatisation and commodification of care exacerbates economic and gender inequalities;
Amendment 353 #
2021/2253(INI)
Motion for a resolution
Recital M
Recital M
M. whereas women in the EU carry out 13 hours more of unpaid care and housedomestic work per week than men; whereas 7.7 million women in the EU remain out of the labour market owing to their care responsibilities;
Amendment 373 #
2021/2253(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas there is alack of sufficient infrastructure offering quality and accessible childcare for all, in particular early childhood services; whereas the lack of access to early childhood care particularly disproportionately affects children from disadvantaged families;
Amendment 385 #
2021/2253(INI)
Motion for a resolution
Recital P
Recital P
P. whereas access to quality care services, especially long-term care, is increasingly preconditioned on individual and family income; whereas access to healthcare and care should be universal, irrespective of economic conditions or residence or migration status;
Amendment 397 #
2021/2253(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas trade union representation and collective bargaining are critical for the defence of the rights and interests of care workers in all care settings;
Amendment 404 #
2021/2253(INI)
Motion for a resolution
Recital P b (new)
Recital P b (new)
Pb. whereas the Acquired Rights Directive (2001/23/EC) must be applied whenever employee contracts are transferred to an acquiring care provider;
Amendment 464 #
2021/2253(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for a dedicated investment package to promote the EU care economy; Highlights the need to increase public funding for both formal and informal care across the EU to guarantee equal access for dependants to affordableuniversal quality care services, as well as an active professional life for carers, and therefore calls on the Member States to make the best use of the European structural and investment funds, including the ESF+, as well as the Recovery and Resilience Facility, for investing in carethe right of care workers to decent work and living wages, and therefore calls on the Member States to earmark and significantly increase investment in care by using the European structural and investment funds, including the ESF+, as well as the Recovery and Resilience Facility, for investing in care; calls once again for the development of gender budgeting tools in the MFF and related programmes that allow to track down the specific funding allocated to promote gender equality;
Amendment 480 #
2021/2253(INI)
Motion for a resolution
Paragraph 3 – subparagraph 1 (new)
Paragraph 3 – subparagraph 1 (new)
Calls on Member States to invest into the care sector and ensure sustainable and adequate funding, at all levels of government, of public services, and ensure that public procurement is conditioned on respect for fundamental rights at work, decent working conditions and collective bargaining; calls on the Member States to make respect for fundamental labour rights a mandatory exclusion criterium in public tenders;
Amendment 483 #
2021/2253(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on Member States to ensure universal health coverage, to increase investment in healthcare; Calls on Member States to urgently remove existing barriers to healthcare for all, including undocumented migrants, with particular attention to women facing intersectional discrimination;
Amendment 547 #
2021/2253(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to address in the European care strategy the challenging working and employment conditions of all personal and domestic workers; stresses the importance of adopting measures that facilitate the recognition of all personal and household workers; Calls for a targeted revision of Directive 89 / 391 /EEC to ensure the inclusion of domestic servants within its scope;
Amendment 555 #
2021/2253(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission and Member States to regulate the sale of real estate and other assets in the care sector to prevent debt pushdowns on care providers through company-internal loans; encourages Member States to review and revise relevant taxation regulations;
Amendment 571 #
2021/2253(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to design childcare, education and other policies and measures in support of children and their families in an inclusive manner and one that upholds the swift and efficient implementation of the European Child Guarantee; including the commitment to a legal entitlement to high quality early childhood education, regardless of the employment status of the parents, socio-economic background, country of birth, residence status or ethnic background;
Amendment 577 #
2021/2253(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines the importance of accessible, available, affordable and inclusive quality childcare and early childhood education, using a child- centred approach, with particular attention to the need for social inclusion of children in vulnerable situations, in or at risk of poverty and social deprivation, as well as migrant children and children from minorities;
Amendment 587 #
2021/2253(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that social protection and support to families is essential and calls on the competent national authorities to ensure universal adequate and accessible social protection systems and integrated child protection systems;
Amendment 599 #
2021/2253(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission and Member States to collect standardized equality data, disaggregated by indicators such as country of origin, ethnicity or disability status;
Amendment 606 #
2021/2253(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to recognise care as a right and to reform and integrate their social services and protection systems in such a way as to provide effective and equal access to care services throughout the life course, taking a personalised approach, in order to enhance the continuity of care, preventive healthcare, rehabilitation and, whenever possible, independent living, as well as integrating the care needs of carers and especially those who, as non-nationals with various statuses living in the EU, may face particular barriers in accessing care, intersectional discrimination, marginalisation and in-work poverty;
Amendment 635 #
2021/2253(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that accessibility derives from a combination of cost and flexibility; believes that in this respect different forms of care service provision should be availablepromoted, valued, recognised and professionalised, such as in in-home and community-based settings;
Amendment 657 #
2021/2253(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission and the Member States to develop the toolquality indicators required for the regular assessment of the accessibility of care services and a comprehensive benchmark for monitoring the quality of both formal and informal care services;
Amendment 710 #
2021/2253(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to establish an ambitious and comprehensive set of qualitative and quantitative indicators for long-term care, and corresponding targets and tools for monitoring the accessibility, affordability, staffing levels and quality of care, similar to the Barcelona objectives for childcare;
Amendment 716 #
2021/2253(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls for an EU right to care and for everyone to have access to high quality formal care services based on need; underlines that to guarantee this right, long-term care needs must be integrated into national social protection systems, as recommended by the Social Protection Committee, which are for equity and efficiency reasons best placed to deliver;
Amendment 731 #
2021/2253(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Recognises the essential role and contributions of both intra-EU mobile workers and non-EU migrant workers, including undocumented workers, in providing care in the European Union;
Amendment 736 #
2021/2253(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Recognises that in many cases this care is being provided undeclared or under-declared, in exploitative conditions, impacting on the rights and well-being of workers and their families;
Amendment 783 #
2021/2253(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges the Commission to propose a common coherent package of actions at EU level on informal care, to identify and recognise the different types of informal care provided in Europe, to facilitate employment to be declared and ensure insurance and social protection coverage and to guarantee carers financial support and other additional support services, including time off for carers, and a work- life balance and rehabilitation services for carers and care recipients, regardless of their migration or residence status;
Amendment 796 #
2021/2253(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Member States to introduce ‘care credits’ through labour and social security legislation for both women and men as equivalent periods for building up pension rights in order to protect those taking a break from employment to provide informal, unpaid care to a dependant or a family member, and to recognise the value of the work that these carers do for society as a whole;
Amendment 816 #
2021/2253(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges the Member States to place adequate staffing levels and investment in care staff at the centre of their care policies, including skills development and career progression opportunities for care workers, as part of the efforts to make care work more attractive, and to support the creation of quality jobs in the sector;
Amendment 825 #
2021/2253(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to set up an EU Skills for Care Initiative to support Member States to improve up- and reskilling opportunities for professionals in the care sector, identifying skill gaps and needs, promising practices and successful initiatives. It should also develop a framework to recognise skills acquired through experience, such as through informal care work to facilitate access to formal employment in the sector;
Amendment 831 #
2021/2253(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Recognises the role of personal and household services workers in guaranteeing EU citizens have a genuine choice when it comes to choosing their preferred care model, and calls on the Member States to invest in the development and professionalisation of the personal and household services sector;
Amendment 840 #
2021/2253(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to ensure the right to join and establish trade unions and to engage in collective bargaining, decent working conditions for all workers in the care sector, both formal and informal, and to adopt high standards of occupational health and safety, in line with and beyond the ambition of the recently adopted EU strategic framework on health and safety at work 2021-2027;
Amendment 851 #
2021/2253(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Member States to develop specific measures for women, girls, and gender-non conforming people whilst addressing gender-based violence and harassment at home and in the workplace, including in the care sector, Calls on the EU and member states to ratify the ILO convention no.190 on Violence and Harassment and adopt the necessary measures to ensure a work environment free of violence and harassment;
Amendment 857 #
2021/2253(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Regrets that only 8 member states have ratified the ILO Convention No189 on domestic workers that aims to provide legal recognition for domestic work, extend rights to all domestic workers, especially women, in the informal economy, and prevent violations and abuses; Calls on EU and all Member States to urgently ratify and implement this ILO Convention;
Amendment 874 #
2021/2253(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Member States to strengthen social dialogue and promote collective bargaining and collective agreements in the care sector, both profit and non-profit, and including home and community-based settings, as crucial mechanisms for the improvement of employment and working conditions and for tackling the gender pay gap, and as the most effective tools for securing an increase in the minimum wage and in wages in general;
Amendment 913 #
2021/2253(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Member States to swiftly and fully transpose and implement the Work-Life Balance Directive; stresses that only an equal share of care responsibilities between men and women by means of non-transferable and adequately paid leave periods would enable women to increasingly engage in full-time employment and achieve a work-life balance; recalls that policies on work-life balance should encourage men to take up care responsibilities on an equal basis with women and stresses the need to progressively advance towards fully paid and equal length maternity and paternity leaves;
Amendment 934 #
2021/2253(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Reiterates its demand that people in all employment relationships and the self-employed should be able to accumulate entitlements providing income security in circumstances such as unemployment, ill-health, old age, career breaks for child-raising or other caring situations, or for reasons of training;
Amendment 941 #
2021/2253(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Calls on the Member States, in close cooperation with the social partners, to shore up career pathways so as to make it easier for people to adapt to the different situations they may face in their lives, in particular via lifelong vocational training, adequate unemployment benefits, the transferability of social rights, and active, effective labour market policies;
Amendment 949 #
2021/2253(INI)
Motion for a resolution
Paragraph 27 c (new)
Paragraph 27 c (new)
27 c. Calls on targeted revision of Directive 89 / 391 /EEC to ensure the inclusion of domestic servants within its scope.
Amendment 950 #
2021/2253(INI)
Motion for a resolution
Paragraph 27 d (new)
Paragraph 27 d (new)
27d. Calls on Member States to remove barriers in public sector workplaces that impede unions’ ability to organise public sector workers and increase their membership. This includes eliminating barriers to union organisers being able to talk with employees on public property about the benefits of organising a union.
Amendment 952 #
2021/2253(INI)
Motion for a resolution
Paragraph 27 e (new)
Paragraph 27 e (new)
27e. Calls on the European Commission and Member States to ensure that public contracts for care and social services are not spent on anti-union campaigns and that the anti-union campaign activities by contractors are publicly disclosed at the EU-level.
Amendment 954 #
2021/2253(INI)
Motion for a resolution
Paragraph 27 f (new)
Paragraph 27 f (new)
27f. Calls on Member States to recognise COVID-19 as an occupational disease in the long-term care sector. Member States should ensure that a mandatory every care service provider has an Infection Prevention and Control programme; Member States should conduct annual infectious disease training for all workers involved in direct patient care or come into contact with patient areas, provide workers up-to-date information on infectious diseases.
Amendment 956 #
2021/2253(INI)
Motion for a resolution
Subheading 7
Subheading 7
Recognising, equally sharing and valuing the role of care in our societies and economies
Amendment 967 #
2021/2253(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Stresses the need for men to participate equally in unpaid care work. calls on the EC and Members states to promote transformative actions such as awareness campaigns on the co- responsibility of care, eradicating the stereotyped idea of women as responsible for this work;
Amendment 973 #
2021/2253(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Strongly urges all Member States to ensure that fathers are able to take up their paternity leave without fear of adverse or discriminatory conduct by their employers, which is an effective way of encouraging them to accept responsibility for looking after their children and their families and a useful means of achieving genuine gender equality;
Amendment 992 #
2021/2253(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Member States to adopt approaches to measuring and valuing the contribution and outputs of care, in particular unpaid care and housedomestic work;
Amendment 28 #
2021/2177(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Welcomes President Von der Leyen's proposal of creating a Trade and Tech Council between the EU and India and pledges support for the implementation of this plan;
Amendment 46 #
2021/2177(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the existinga broader negotiating mandate is comprehensive and broad enough for negotiations to restart; takes the view, however, that an addendum is necessaryshould be agreed so as to ensure that the prospective comprehensive trade agreement contains as integral parts thereof a dedicated chapter for SMEs, a dedicated chapter on raw materials to remove all export dutiewhile recognising that the economic strength of SMEs in India may be lower and therefore need special concessions, a dedicated chapter on raw materials, while respecting the partner’s domestic policy needs to use its own raw materials, and an ambitious and enforceable trade and sustainable development chapter aligned with the Paris Agreementconsistent with commitments under the United Nations Framework Convention on Climate Change (UNFCCC) and its Paris Agreement’ that takes explicitly into account the outcome of the ongoing TSD review process; underlines that sustainability needs, beyond a TSD chapter, to be transversally reflected in the agreement in a future agreement through enforceable provisions;
Amendment 53 #
2021/2177(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that India has not yet ratified two fundamental ILO Conventions, namely Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and Right to Organise and Collective Bargaining Convention, 1949 (No. 98); recalls that India has been reproached at ILO Ministerial Conferences for noncompliance with ILO conventions;
Amendment 54 #
2021/2177(INI)
4 b. Recalls that the EU Treaties require the EU institutions to integrate human rights objectives into EU trade policy, including respect for fundamental freedoms; expresses deep concern regarding the increasing harassment and prosecution of journalists, activists and peaceful protesters under India’s counterterrorism law, the Unlawful Activities Prevention Act (UAPA) and systematic discrimination against minority groups, under the Citizenship (Amendment) Act (CAA); calls to repeal the adopted laws and policies that systematically discriminate against minorities and stigmatize critics of the government; takes note of the ban in 1948 against discrimination on the basis of caste, further enshrined in the Indian constitution; is aware that the system still continues to be practiced in parts of India, strongly calls for the effective implementation of the ban;
Amendment 55 #
2021/2177(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Stresses that the EU must ensure that all EU social, human rights, environmental, climate, health, safety and quality standards must be respected by both parties under the agreement;
Amendment 56 #
2021/2177(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Highlights the need to assess the social and gender implications of any proposed agreement, particularly as concerns the partner's freedom to adopt and adapt government procurement rules and tariff levels, as these are not only economic but also social and developmental policy tools;
Amendment 57 #
2021/2177(INI)
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Recalls that the agricultural sector is a significant part of the Indian economy, and accounts for 41% of Indian employment; stresses that the poverty rate in rural India is at 25%, twice that of its urban areas; highlights the sensitivity of certain agricultural sectors in both the EU and India alike; notes in particular that, although India is one of the largest milk producers globally, its dairy sector is nevertheless considered sensitive
Amendment 58 #
2021/2177(INI)
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. Asks the Commission, to refrain from seeking intellectual property rights beyond WTO TRIPS requirements and enforcement thereof for health products as well as for plants, in particular seeds, and animals; underlines the importance of technology transfers, notably as regards essential medicines as well as for climate and environmental innovations;
Amendment 68 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point i
Paragraph 6 – point i
i. the comprehensive elimination of tariffs and quotas on a reciprocal basis, while paying attention to sensitive products and ensuring that reductions will not be compensated by an increase in taxes and levies, including at state level, on imported, while providing a special and differential treatment to sensitive products;
Amendment 71 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point i a (new)
Paragraph 6 – point i a (new)
i a. the inclusion of an ambitious sustainable food chapter with explicit and enforceable provisions on biodiversity protection and provisions as regards water resources, and consistent with the Farm 2 Fork strategy;
Amendment 72 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point i b (new)
Paragraph 6 – point i b (new)
i b. the inclusion of an Energy & Raw Materials Chapter that should provide for ex ante and ex post environmental and human rights impact assessment requirements as well prior and informed consent of potentially affected communities;
Amendment 73 #
2021/2177(INI)
ii. expedited, more transparent and less onerous customs, sanitary and phytosanitary procedures as well as a comprehensive single-window electronic certification processto the extent allowed by administrative capacities and on the basis on technical assistance as requested and the removal of disproportionate import bans;
Amendment 79 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point iii
Paragraph 6 – point iii
iii. the elimination of onerousunjustified technical barriers to trade, including a review of the increasing number of obstacles of late such as ibarriers on ICT, medical devices, toys, alcoholic beverages, polished diamonds, food and steel; the agreement should seek to ensure, on the basis of technical assistance provisions, gradual compliance with the international standards of the International Organization for Standardisation (ISO), International Electrotechnical Commission (IEC) and International Telecommunication Union (ITU), go beyond the WTO Technical Barriers to Trade Agreement, ensureensure gradually that there is no duplication of testing and certification, and streamline licensing schemes, quality control orders and clinical investigations;
Amendment 83 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point iv
Paragraph 6 – point iv
iv. a comprehensive chapter on public procurement at all levels of governance in order to enforce the principles of transparency and non-discrimination in public procurement through effective remedy procedures; calls, in this respect, for India to accede to the WTO Agreement on Government Procurement and to prohibit ‘buy national’ practices;
Amendment 88 #
2021/2177(INI)
Amendment 91 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point vi
Paragraph 6 – point vi
Amendment 108 #
2021/2177(INI)
Motion for a resolution
Paragraph 6 – point x
Paragraph 6 – point x
x. effective bilateral measures on safeguards in addition toline with the existing WTO trade defence instruments;
Amendment 116 #
2021/2177(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the agreement should remove all discriminatory and disproportionate obstacles to establishment in services and manufacturing sectors in order to ensure a level playing field between EU and Indian operators, subject to special and differential treatment provisions;
Amendment 120 #
2021/2177(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. ConsideEncourages the negotiators ito expedient to providelore the costs and benefits of a provision on interoperable data flows between the jurisdictions of India and the EU in total compliance with the General Data Protection Regulation (GDPR)5 and to agree upon international standards on intercompany transfer pricing, subject to special and differential treatment provisions; _________________ 5 OJ L 119, 4.5.2016, p. 1.
Amendment 126 #
2021/2177(INI)
9. Invites the EU’s negotiating team to make best use of India’s commitment to multilateralism and an international rules- based trading order and to urge India to play a more decisive role in ongoing efforts to reform the WTOunderlines India’s role as regards ongoing efforts to reform the WTO and ensure that plurilateral agreements abide to the WTO Marrakesh Agreement provisions; invites the Commission to narrow the gap with India’s approach as regards ongoing WTO negotiations, in particular on Fisheries and public stock holding programs ahead of WTO MC 12; applauds the EU and India’s co-sponsored reform proposal for the WTO Dispute Settlement Body and calls on India to join the multi- party interim appeal arbitration arrangement; commends the commitment of EU and Indian leaders to enhancing coordination on global economic governance, notably in the WTO and G20; expects to be briefed about the results of the EU-India Senior Officials’ Dialogue, which aims to deepen bilateral cooperation on WTO issues under the auspices of the High-Level Dialogues on Trade and Investment;
Amendment 131 #
2021/2177(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. ApplaudsTakes note of both sides’ readiness to negotiate a stand-alone investment protection agreement, which would increase legal certainty for investors on both sides and further strengthen bilateral trade relations; recommends working towards the achievement of common and mutually beneficial objectives in these areas in order to foster economic growth and innovation in order to foster sustainable economic growth and innovation; proposes to carry out a comprehensive cost benefit analysis before the negotiations start; welcomes steps taken by India in its 2015 Model Bilateral Investment treaty to protect the interest of its citizens and sustainable use of its resources; especially welcomes the protection standards focusing on protection against expropriation, denial of justice, fundamental breach of due process, targeted discrimination and manifestly abusive treatment, as well as the obligation for investors to exhaust domestic remedies before using investment adjudication; believes that no protection should be granted to fossil fuel investments;
Amendment 135 #
2021/2177(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. ReaffirmsPoints out that an investment protection agreement could be an adequate stepping stimportant contributione for further strengthening bilateral trade relations; encourages the negotiators to agree on a dedicated EU- India investment court system as a stepping stone to a multilateral investment court, to which both the EU and India should adhere and to incentivize and protect sustainable investments, in all its dimensions, without relying on investor-state adjudication;
Amendment 139 #
2021/2177(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. WelcomesTakes notes of the leaders’ commitment to concluding a separate agreement on geographical indications, be it a stand- alone agreement or integrated within the comprehensive trade agreement;
Amendment 145 #
2021/2177(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the negotiators, as a matter of priority, to agree on the establishment of a bilateral ex ante consultation platform between the EU and India designed to facilitate discussions and consultations, in advance of any new measures or subsidies that could negatively affect trade or investment; takes the view that business and industry associations should be able to bring any new trade or investment irritants to the attention of the secretariat of this platformclude a wide range of stakeholders, including social partners and CSO organizations; believes that the platform should eventually be made an integral part of the governance framework of the future trade agreement;
Amendment 15 #
2021/2176(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the EU taxonomy aims at facilitating the shift of investments from unsustainable economic activities to investment in activities that are needed to achieve environmental sustainability, and more specifically climate neutrality in the next 30 years;
Amendment 19 #
2021/2176(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas most investment treaties do not specify how the notions of ‘full reparation’ and ‘fair market value’ of an investment are to be ascertained; whereas panels have in the last decade predominantly interpreted such notions by using ‘forward-looking’ valuation techniques based on discounted cash flows methods (DCF) that calculate and aggregate expected future net income streams adjusted to the specific risks attached to the investment project; whereas the use of DCF methods has led in many well-documented cases to vastly larger amounts of compensation than the aggregate amounts of expenditure actually incurred by investors in host countries (asset-based or ‘backward- looking’ valuation methods);
Amendment 24 #
2021/2176(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas the increasing recourse by investors to third parties to finance their litigation in exchange for a return or other financial interest in the outcome of a dispute (third-party funding) has exacerbated the imbalances underpinning compensation practices in litigation by further reducing the risks for investors of pursuing a claim, and thereby adding incentives to increase the number of claims; points out that third-party funding may increase the bargaining power of claimants to the detriment of States with limited resources, and weaker regulatory frameworks;
Amendment 35 #
2021/2176(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises the need to ensure that the Joint Statement Initiative on Investment Facilitation abides to the rules of Articles IX and X of the WTO agreement, which require consensus and overall transparency;
Amendment 36 #
2021/2176(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines the importance of an overall EU approach as regards investment facilitation at both bilateral and multilateral levels with an overarching focus on cooperation, including capacity building and technical assistance, notably as regards the support of digitalisation in developing countries; underlines also the need to avoid creating administrative burden for LDCs;
Amendment 37 #
2021/2176(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Points out that investment facilitation provisions at both IIAs and WTO level essentially focus on creating obligations for public authorities in ‘host countries’, but not for ‘home countries’ or for their undertakings; emphasises in that respect the need for integrating binding provisions as regards corporate social responsibility (CSR), human rights and environmental due diligence, as well as anti-corruption safeguards in investment facilitation frameworks; underlines also the need to integrate specific provisions for facilitating sustainable investments in host countries, including monitoring mechanisms on the activities supported by FDI flows;
Amendment 38 #
2021/2176(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Points out to the need to exclude investment facilitation disciplines from dispute settlement provisions of IIAs, including from investor-state disputes;
Amendment 39 #
2021/2176(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Welcomes the entry into force of the Foreign Direct Investment (FDI) screening Regulation in 2019; underlines the importance of such mechanism as a step for better monitoring FDI contribution to Europe's strategic interests; calls for further strengthening the instrument in the context of its forthcoming review process so as to have more granular data on whether inward FDI flows support sustainable economic activities and greenfield investments; is of the opinion that outward FDI flows should also be monitored, so as to better identify the activities supported by these flows;
Amendment 40 #
2021/2176(INI)
Motion for a resolution
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Notes that some recent IIAs have a strong focus on market access and investment liberalisation; stresses that while European investors can benefit from these agreements, investment liberalisation can also affect the ability of States and third countries to regulate foreign investments in their jurisdiction; urges the Commission to strictly protect EU and Member State policy space on energy, agriculture, fisheries, audio- visual, telecommunication and digital issues, as well as public services, when liberalising investments; stresses that liberalising investments without safeguards can lead to an increase in speculative short-term investments that can increase economic instability, especially in developing countries;
Amendment 47 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that the positive impact of signing investment protection treaties as regards the attraction of foreign investments is unproven in scientific literature;
Amendment 66 #
2021/2176(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. UStresses that global efforts to combat climate change will require a rapid transition to renewable energy and fast government action to reduce reliance on fossil fuels; underlines that such action will create stranded assets; strongly believes that taxpayers shall not pay for these stranded assets via damages awarded by investment tribunals; urges the Commission to exclude investments in fossil fuels or any other activities that pose significant harm to the environment and human rights from treaty protections, in particular investor-state arbitration mechanisms;
Amendment 70 #
2021/2176(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that even in the absence of legal proceedings, the explicit or implicit threat of recourse to investment arbitration can enhance the position of investors in negotiations with states (the ‘chilling effect’); is concerned that as a result, policy decision making might be delayed, watered down, or that more public funds may be spent on compensating the fossil fuel sector than would otherwise be the case, making it more costly and thus more difficult for States to undertake energy transition measures, representing an overall subsidy provided by taxpayers to the fossil fuel sector; stresses that while the right to regulate of States is acknowledged, it does not prevent them from having to comply with obligations established in IIAs, nor does it preclude compensation claims following the exercising of that right;
Amendment 74 #
2021/2176(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that investments, especially in mining, oil and gas extraction, logging, tourism and agribusiness operations can have far- reaching impacts on local communities, including Indigenous Peoples; notes that in numerous investor–state arbitrations, businesses have challenged actions that States claimed to have taken to address local concerns or unrest about a project’s impact;
Amendment 85 #
2021/2176(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerned that recent EU IIAs still contain broad protection standards which can be used to challenge legitimate public policies; asks the Commission to only allow protection against discrimination, direct expropriation and the gross denial of justice, and to ensure that foreign investors are not accorded superior rights to those enjoyed by domestic investors they directly compete with;
Amendment 87 #
2021/2176(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the fact that EU IIAs negotiated after 2009 still include sunset clauses which prevent easy termination; points out that Member States and the other contracting parties can agree to neutralise sunset clauses; calls on the EU to limit the sunset clause to one year maximum in investment agreements currently being negotiated, as well as in future agreements, and to modernise existing agreements accordingly;
Amendment 98 #
2021/2176(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Underlines that the Discounted Cash Flows (DCF) methodologies generally used for calculating compensation does not represent a reliable valuation method for investments with long lifespans or with uncertain future income streams, neither for investments that are subject to risks that are difficult or impossible to quantify - such as geopolitical risks, vulnerability to technological obsolescence, nor for determining compensation for early or planning stage projects;
Amendment 99 #
2021/2176(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Underlines that the way the jurisprudence on compensation and damages has evolved, and thereby, the use of valuation methods, represents a significant departure from well- established compensation principles and practices in national and international legal systems that provide for significantly more constrained margins of discretion for adjudication; points out that such departure confers in practice greater rights to foreign investors than to domestic ones; calls for compensation to be capped at the amount of eligible expenditures actually incurred by the investors; underlines that balancing approaches should, as appropriate, determine compensation below such cap, so as to consider contextual elements such as non-compliance with undertakings of their legal or contractual obligations or commitments;
Amendment 102 #
2021/2176(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that the increasing recourse by investors to third parties to finance their litigation in exchange for a return in the outcome of an award (third-party funding) is adding incentives to increase the number of claims; invites the Commission to support the prohibition or strong restrictions of third-party funding for investor-state disputes;
Amendment 117 #
2021/2176(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to upgrade its investment protection model adopted in 2015 in order to guarantee full compatibility with the European Green Deal objectives; and to provide clear guidelines on issues such as the limitation of substantive standards, including the definition of ‘investor’ and ‘investment’, as well as on provisions governing compensation, including a cap on compensation at the amount of eligible expenditures incurred by the investors; urges the Commission to use this updated model as a basis for authorisation of new Member States BITs;
Amendment 119 #
2021/2176(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Notes that the Investment Court System (ICS) still constitutes international arbitration; notes that unlike in national courts, arbitrators on the ICS roster would merely interpret with wide discretion the rights and substantive provisions enshrined in international investment agreements, without balancing such provisions with relevant public interest laws which were decided democratically; notes that only foreign investors would be able to bring cases under the ICS system;
Amendment 124 #
2021/2176(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that the ECT is the most litigated investment agreement in the world today; welcomes efforts to modernise the ECT and the EU’s position to exclude protection for most fossil fuel investments; notes that investments considered ‘significantly harmful’ under the EU taxonomy would remain protected according to the EU’s position; underlines that amending the ECT requires unanimity of all contracting parties voting at the annual conference; regrets that the European Parliament does not get any access to the negotiating texts of the ECT modernisation negotiations;
Amendment 127 #
2021/2176(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Is concerned that despite the fact that the EU seeks to exclude some fossil fuels projects from protection, investments considered as “significantly harmful” under the EU taxonomy would stay protected according to the EU position as regards the ECT modernisation process;
Amendment 128 #
2021/2176(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Welcomes the fact that Italy notified its decision to withdraw from the Energy Charter Treaty as of 1 January 2015; notes that countries that have ratified or acceded to the ECT may terminate their membership 12 months after notification of withdrawal; regrets that investments realised before the exit date are still protected for 20 years, but welcomes that all new investments immediately stop being protected;
Amendment 138 #
2021/2176(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Court of Justice’s clarification that ISDS provisions in the ECT are not applicable in the case of intra- EU disputes; notes with concern that the Achmea ruling did not deter arbitration tribunals from continuing to hear intra-EU investment disputes; that at least 73 intra EU cases are currently ongoing, including more than 40 intra-EU ECT based investment arbitration cases; notes with great concern that the Achmea ruling did not deter arbitration tribunals from continuing to hear intra-EU investment disputes; notes that the Commission is not in a position to amend the ECT to carve- out the intra-EU application of the ISDS provision; calls on the Commission and the Council not to let arbitration proceedings circumvent the jurisdiction of the CJEU and its case-law which forms an integral part of EU law;
Amendment 140 #
2021/2176(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Points out that while the enforcement of possible awards in these cases will be difficult in courts of the European Union, cases under ICSID rules can still be enforced in the courts of third states around the world; notes that these courts can order sovereign assets of EU Member States to be seized;
Amendment 142 #
2021/2176(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls on the Commission not to nominate arbitrators who have ignored judgments of the European Court of Justice to FTA or ICS rosters of arbitrators;
Amendment 145 #
2021/2176(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that in the context of the UNCITRAL Working Group III discussions, the EU and its Member States are pursuing the establishment of a standing mechanism to resolve investment disputes: the multilateral investment court; stresses, however, that this proposal does not cover the modernisation of substantive protection standards; notes that unlike in national courts, judges from the MIC would merely interpret with a margin of discretion the substantive provisions and rights enshrined in international investment agreements, without balancing these provisions with relevant public interest laws which were decided democratically; notes that only foreign investors would be able to bring cases to the MIC;
Amendment 152 #
2021/2176(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that the ratification of pending EU trade and investment agreements will replace old Bilateral Investment treaties for some Member States, but will also bind a significant number of Member States that do not have existing Bilateral Investment Treaty with the partner countries, therefore increasing the risk of investment cases against EU Member States; emphasises that terminating existing outdated BITs enables Member States to regain policy space without expanding the system; is worried that in the case of EU trade agreements containing an integrated investment chapter with dispute settlement, such an investment chapter cannot be modernised or terminated without reopening the whole agreement;
Amendment 157 #
2021/2176(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Urges the Commission to develop an EU foreign investment strategy to incentivise and protect sustainable investments, without relying on investor- state adjudication, as well as to update its investment protection model adopted in 2015 in line with the requests of this resolution so as to guide the negotiations of new or updated EU agreements;
Amendment 2 #
2021/2165(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the United Nations Convention on the Rights of Persons (UN CRPD) with Disabilities to which the EU and all its Member States are parties,
Amendment 7 #
2021/2165(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the latest report of the Intergovernmental Panel on Climate Change (IPCC) “ AR6 Climate change 2021: the Physical change basis”,
Amendment 36 #
2021/2165(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas due to the increase in temperatures it is also likely that individual’s exposure to UV radiation (UVR) will increase and therefore the risk of developing skin cancer; whereas despite the evidence that outdoor workers in particular those working in the agriculture or construction sectors, are at significant risk of developing Non melanoma Skin Cancer (NMSC) due to the elevated levels of UVR exposure there is not yet common European approach towards prevention;
Amendment 37 #
2021/2165(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas according to the latest IPCC report extreme weather events such as heatwaves and heavy rainfalls, will become more frequent; Whereas working conditions will be more and more affected by significant changes in weather patterns; whereas it is essential to adapt work practices to take account of the effects of climate change;
Amendment 54 #
2021/2165(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a good psychosocial working environment enhances workers’ good performance and personal development, as well as workers’ mental and physical well-being; whereas psychosocial risks can arise from poor work design, organisation and management, as well as a poor social context of work, and can result in negative psychological, physical and social outcomes such as work-related stress, burnout or depression; whereas over a quarter of workers in Europe experience excessive work- related stress; whereas 51 % of EU workers say stress is common in their workplace and nearly 80 % of managers are concerned about work- related stress8 ; whereas there are significant variations between the Member States’ legislation on psychosocial risks; whereas work-related stress can significantly increase the risk of triggering and exacerbating musculoskeletal disorders and rheumatic and chronic inflammatory diseases; __________________ 8‘Psychosocial risks in Europe: Prevalence and strategies for prevention’, Eurofound and EU-OSHA, 2014, Publications Office of the European Union, Luxembourg.
Amendment 59 #
2021/2165(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas lack of provisions for workplace adjustments and reasonable accommodation, particularly for workers with disabilities, can result in physical, mental and psychological strains that can put their health and safety at risk;
Amendment 62 #
2021/2165(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas emergency evacuation procedures in many working spaces are ill-equipped to meet the needs of persons with reduced mobility, and even more frequently do not allow for autonomous evacuation by persons with disabilities;
Amendment 68 #
2021/2165(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas women have been at a particularly high risk from and are more severely hit by the economic and social fallout resulting from the COVID-19 crisis due to their predominant or still traditional role of carer of the home and family; whereas a majority of women worked as frontline essential workers in the health, social, education and care sectors; whereas although considered essential, these professions are still some of the most undervalued and under-paid jobs in the EU; whereas the COVID pandemic has shed light on and aggravated gender inequalities ; whereas during the peak of the pandemic these female workers faced long working hours and reported troubles reconciling work and family life, whereas studies have reported increased stress, anxiety and depressive symptoms among healthcare workers in the EU;
Amendment 75 #
2021/2165(INI)
Motion for a resolution
Recital F
Recital F
F. whereas people who regularly work from home are more than twice as likely to work in excess of the requisite maximum 48 hours per week and are at risk of resting for less than the requisite 11 hours between working days; whereas almost 30 % of teleworkers report working in their free time every day or several times a week11 ; whereas gender aspects should be addressed in the context of the right to disconnect; __________________ 11‘Telework and ICT-based mobile work: Flexible working in the digital age’, New forms of employment series, Eurofound, 2020, Publications Office of the European Union, Luxembourg.
Amendment 80 #
2021/2165(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the COVID-19 crisis has exposed the vulnerability of non-standard workers, including platform and self- employed workers; whereas platform work in the labour market is highly likely to continue growing; whereas self-employed workers are excluded from the scope of application of the strategic framework for health and safety at work, as they are not covered by the EU legislation on occupational health and safety; whereas platform workers are exposed to particular health and safety risks due to the characteristics of work they are performing; whereas algorithmic management presents new challenges for the future of work which can generate excessive speed and efficiency pressure for workers and therefore significant risks for their health and safety; whereas the road safety of platform workers in the transport and delivery sector, in particular cyclists as vulnerable road users, and the safety of other road users can be put in danger because of speed and efficiency pressure; whereas female platform workers, in particular female drivers and women providing cleaning and care services in private residences, can have an increased risk of being victims of sexual harassment and violence and might refrain from reporting because of lack of reporting tools, no contact with a human manager or fear of bad ratings and loss of future work; whereas sexual harassment and violence are under-reported in platform work;
Amendment 84 #
2021/2165(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the precariousness of the working and living conditions of seasonal workers in Europe, in particular in the agriculture sector, were already well documented before COVID 19; whereas disturbing reports regarding breaches of cross-border and seasonal workers’ rights in terms of working and living conditions have surfacedhown that their situation deteriorated even further during the pandemic;
Amendment 119 #
2021/2165(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls for Directive 2004/37/EC of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work to be updated on a continual basis and in an ambitious timeframe, ensuring that occupational exposure limits contained in the directive exist for a minimum of 50 priority substances by 2024; calls for the inclusion of reprotoxic substances and hazardous medicinal products in the scope of the directive; insists on using a risk- based methodology to set limit values for non-threshold substances;
Amendment 120 #
2021/2165(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that climate change has direct health impacts on citizens; recalls that health and safety of workers is an EU competence and that in line with Directive 89/391/EEC workers should be protected from any risks, including from emerging risks; calls on the Commission to thoroughly and urgently assess the new and emerging risks of climate change on occupational health and safety in order to better protect workers from exposure to higher temperature, natural UV radiation and other health and safety hazards; underlines that this is of particular importance for outdoor workers such as in the agriculture, forestry, construction and tourism sectors as well as the health sector which plays a fundamental role in emergency preparedness and response, such as the firemen and nurses; notes that these occupations risk to face additional stress due to an increase of workload which can increase psychosocial risks; encourages the Commission, Member States, social partners and key stakeholders to look at best strategies to adapt and reorganise work in case of extreme weather conditions, including ensuring that workers have the appropriate equipment and a sufficient number of staff; calls for the assessment of a common European regulatory approach towards occupational skin cancer and to increase awareness at work;
Amendment 152 #
2021/2165(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work has not proven effective enough for the assessment and management of psychosocial risks; rRecalls its request that the Commission include in the Strategic Framework for Occupational Safety and Health the right to disconnect and, explicitly, that it develop new psychosocial measures as part of the framework; calls on the Commission, in this regard, to step up the ambition of the Strategic Framework for Occupational Safety and Health; cCalls on the Commission to propose a directive on psychosocial risks and well-being at work aimed at the efficient prevention in the workplace of, inter alia, anxiety, depression, burnout and stres, stress and flare-ups of rheumatic / chronic inflammatory diseases; cCalls on the Commission to aim for the recognition of anxiety, depression and burnout, burnout and rheumatic and chronic inflammatory diseases as occupational diseases, to establish mechanisms for their prevention and the reintegration into the workplace of affected employees, and to shift from individual- level actions to a work organisation approach;
Amendment 157 #
2021/2165(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WStresses the fact that female workers face increased challenges to occupational health and wellbeing, particularly in the health and care sectors; welcomes the fact that the Commission is strengthening the gender focus on- responsive approach to occupational safety and health; insists on ensuring gender-balance in decision-making particularly during crisis situations such as the COVID pandemic; calls on the Commission to propose a legal act based on the framework agreement on harassment and violence at work, and to ensure that the fight against workplacepreventive and protective measures aimed at eradicating violence and harassment in the world of work appliesy regardless of the reason and the cause for the harassment and that it is not limited to cases based on discriminatory grounds; calls on the Member States’ governments to ratify ILO Convention No 190 to put in place the necessary laws and policy measures to prohibit, prevent and address violence and harassment in the world of work;
Amendment 162 #
2021/2165(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission, in the framework of the EU Disability Rights Strategy 2021-2030, to offer clear and ambitious guidelines to Member States and employers on the provision of reasonable accommodation and workplace adjustments for persons with disabilities and to consider issuing standards for health and safety for persons with disabilities in the workplace during the second half of the Strategy’s lifespan;
Amendment 175 #
2021/2165(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s intention to present by the end of 2021 a legislative initiative to guarantee and improve thedecent working conditions of platform workers; calls on the Commission to ensure that the proposal guarantees rights for all platform workers for a healthy and safe working environment, including by ensuring that the presumption of an employment relationship applies;
Amendment 184 #
2021/2165(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to guarantee that all workers, including non- standard workers, workers in platform companies and the genuinely self- employed are covered by occupational safety and health (OSH) legislation and policies;
Amendment 186 #
2021/2165(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to include health and safety in all EU strategies and policies on the green and digital transitions, including on artificial intelligence (AI)ensure that the technology used in the green and digital transitions will be safe for workers; calls on the Commission to include health and safety in all EU strategies and policies on the twin transition, including on artificial intelligence (AI); calls in particular for the introduction of safeguards against the adverse impacts of algorithmic management on the health and safety of workers, algorithms deployed in the areas of work must be transparent, non-discriminatory and ethical; algorithmic decisions must be contestable and reversible, and consequently must be subject to human oversight;
Amendment 194 #
2021/2165(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the European Commission and on Member States to contribute to the development of a centralised registry for data collection on the causes and impacts of musculoskeletal disorders and chronic inflammatory diseases; encourages the exchange of good practices and stresses the need to ensure that workers are more aware of and better informed about ergonomic risk factors; calls on the European Commission to take into access the right to flexible work schedules for people being treated for MSDs and rheumatic / chronic inflammatory diseases;
Amendment 222 #
2021/2165(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission and the Member States to improve research and data collection and to conduct a detailed assessment of problems with health and safety associated with teleworking, with a view of analysing the impact of gender, age and disability when it comes to the aforementioned problems;
Amendment 232 #
2021/2165(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to propose a legislative framework in consultation with European social partners with a view to establishing minimum requirements for remote telework across the Union ensuring that teleworking does not affect the employment conditions of teleworkers; stresses that such a framework should clarify working conditions, including the provision, use and liability of equipment, including as regards existing and new digital tools, and that it should ensure that such work is carried out on a voluntary basis and that the rights, workload and performance standards of teleworkers are equivalent to those of comparable workers;
Amendment 255 #
2021/2165(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’s commitment to revise Directive 90/270/EEC laying down minimum safety and health requirements for work with display screen equipment; calls on the Commission to be more ambitious in this regard and to propose a directive oncomprehensive directive on the prevention and management of work- related musculoskeletal disorders (MSDs) and rheumatic / chronic inflammatory diseases without further delay;
Amendment 258 #
2021/2165(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Repeats its call on the Commission to undertake an urgent study ofaction to improve the situation of the employment, working and health and safety conditions of mobile and migrant workers, such as cross-border, posted and seasonal workers, including the role of temporary work agencies, recruiting agencies, other intermediaries and subcontractors, with a view to identifying protection gaps and the need to revise the existing legislative framework as well as pandemic-proofingprotection gaps in the light of principle of equal treatment and the particular health and safety challenges faced by mobile and migrant workers such as access to adequate equipment and facilities, quality accommodation, safe transport and decent meals, and addressing the need to revise the existing legislative framework as well as pandemic-proofing; calls on the EU- OSHA and the European Labour Authority to work together to support the Commission and the Member States in improving the occupational health and safety of mobile and migrant workers;
Amendment 266 #
2021/2165(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to implement the ILO recommendation of one labour inspector per 10 000 workers; calls on the Commission to conduct a survey on how labour inspectorates conduct the inspections and on their scope and content; including with respect to the number of infractions detected and the imposition of dissuasive sanctions; Underlines that the study should assess the adequacy of the human and financial resources afforded to labour inspectorates, particularly with a view to assess their effectiveness in reaching vulnerable groups of workers;
Amendment 275 #
2021/2165(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the need to recognise and involveensure the involvement of social partners in the designing, implementation and enforcement of the OSH legislative framework; cCalls on the Commission and the Member States to ensure the involvement of social partners and civil society in the formulation of all EU and national policies and in measures taken at all levels;
Amendment 1 #
2021/2011(INI)
Draft opinion
Recital 1 a (new)
Recital 1 a (new)
1a. whereas the recycling rates of most CRMs are very low and are close to zero for the majority of them;
Amendment 14 #
2021/2011(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls its demand in its resolution of 10 February 2021 on the New Circular Economy Action Plan1 for binding EU reduction targets for primary raw materials use2030 to significantly reduce the EU material and consumption footprints and bring them within planetary boundaries by 2050 at the latest; requests that the Commission include all possible options to minimise resource consumption in its demand scenarios for critical raw materials (CRM); highlights the need to promote reduction of consumption across all sectors in order to reduce the pressure on CRM supply chains; __________________ 1 Texts adopted, P9_TA(2021)0040.
Amendment 66 #
2021/2011(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Asks the Commission to set ambitious product design requirements for easy removal of CRMs; c, especiallsy for ambitious minimum recycled CRM content targets; requests that the Commission propose new collectionrom post-consumer waste, in addition to eco- design measures that significantly improve longevity suchemes to increase collection rates of waste products containing CRMs; asks the Commission to propose dedicated recycling targets for CRMs, by extending the approach suggested in the proposal for a regulation on batteries and waste batteries (COM(2020)0798) to other product groups as requirements for minimum lifetime, durability, reparability, modularity, reusability and recyclability of end-of-life products; reiterates its call in its resolution of 10 February 2021 on the New Circular Economy Action Plan for clear and harmonized labelling of durability and reparability of products, taking the form of a Repair Index; asks the Commission to also propose the adoption of a Recyclability Index for all electrical and electronic products, analogous to the EU Energy Label;
Amendment 79 #
2021/2011(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Requests that the Commission propose effective collection schemes to increase collection rates of waste products containing CRMs; calls for the introduction of deposit refund schemes in EU waste legislation, in particular in Directive 2012/19/EU, to incentivise consumers to bring their end-of-life electrical and electronic equipment - particularly small items - to dedicated collection and recycling facilities;
Amendment 84 #
2021/2011(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls for ambitious minimum recycled CRM content targets; calls for minimum treatment standards regarding process efficiency, environmental performance and safety for recyclers of key product groups; asks the Commission to propose dedicated recycling targets for CRMs, by extending the approach suggested in the proposal for a Regulation on batteries and waste batteries (COM(2020)0798) to other product groups; in particular, calls on the Commission to come forward with proposals to replace input-based recycling targets in Directive 2012/19/EU without put-based recycling targets, to increase the recovery of CRMs from waste electrical and electronic equipment; welcomes the ongoing Commission assessment of potential improvements to EU recycling standards for electrical and electronic equipment to increase recovery and recycling of CRM content;
Amendment 89 #
2021/2011(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Notes that the EU industry reorientation towards the circular economy requires specific skills and competences to ensure high environmental performance and worker safety; requests the Commission to include training and reskilling programmes for the circular economy as a priority in the EU Skills Agenda and in EU funding programmes;
Amendment 94 #
2021/2011(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and the European Raw Materials Alliance to prioritise CRM extraction from existing mines and waste dumps over new mining; requests that the Commission assess whether current due diligence and environment rules are sufficient to guarantee minimal environmental impact of potential new mining projects in the EU, i.e., from mine tailing, waste rock, landfills and more effective urban mining, over new mining;
Amendment 108 #
2021/2011(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to fully enforce current EU environmental legislation applicable to the mining sector and to assess whether such legislation is sufficient to guarantee minimal environmental impact of existing and potential new mining projects in the EU, in the light of the objectives of the European Green Deal and in particular of the Biodiversity Strategy and the upcoming Zero-Pollution Action Plan, and to adapt this legislation where necessary;
Amendment 118 #
2021/2011(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Call on the Commission to give particular attention to the socially and environmentally responsible sourcing of all CRMs and their traceability, from inside and outside Europe, and along their whole life cycle; calls on the Commission to give particular attention to the mining sector in the upcoming mandatory due-diligence legislation due to its significant impact on the environment;
Amendment 137 #
2021/2011(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that mining permits and concessions should include requirements for the proper recovery and processing of all CRMs; requests that the Commission urgently implement Parliament’s demands in its resolution of 27 April 2017 on implementation of the Mining Waste Directive2 ; reiterates that the questionnaire currently used as reporting system under Article 18 of the Directive is not fit for purpose, and requests the Commission to create a harmonized, digitized and transparent EU registration system that is based on harmonised definitions and treatment criteria for mining waste and that includes all the relevant environmental impact data, including the content concentrations of waste deposits; asks the Commission to establish maximum thresholds of sulphur and heavy metals concentration in waste facilities, to enhance the recovery of CRMs from mining waste and reduce potential acid drainage and pollution; __________________ 2 OJ C 298, 23.8.2018, p. 132.
Amendment 148 #
2021/2011(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages a comprehensive assessment of the mining sector’s inclusion in the scope of the Industrial Emissions Directive; considers that the high environmental impact of mining activities, the average large size of mining projects, the variations in the pollution management standards applied to mining sites across Europe, and the potential expansion of CRM mining activities in Europe are elements of a strong case for the mining sector’s inclusion in the IED scope; suggests the establishment of BATs on restoration of mines, specifically relating to soil and water;
Amendment 162 #
2021/2011(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that mining should be forbidden in nature conservation areas; calls on the Commission to evaluate legislative options to ensure that local communities are fully involved in the permit procedures for new industrial and new mining project, i.e. Natura 2000 areas and Ramsar sites, other state-designated and supranational conservation areas (e.g. UNESCO world heritage sites), Indigenous and Community Conservation Areas (ICCAs), as well as the deep seas and the Arctic; calls therefore on the Commission to review the Birds and Habitats Directives accordingly; calls on the Commission to evaluate legislative options in line with the Espoo and Aarhus Conventions to ensure that local communities have the right to effective, inclusive and mandatory participation in the permit procedures, and throughout all stages of the mining project, for new mining exploration and extraction projects and extensions of existing mines.
Amendment 115 #
2021/0367(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 123 #
2021/0367(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It is necessary to provide for procedural steps and safeguards, when a notifier wishes to ship waste subject to the procedure of prior written notification and consent, in the interests of legal certainty and to ensure uniform application of this Regulation and the proper functioning of the internal market. It is also necessary, in line with Article 6(11) of the Basel Convention, to ensure that the costs arising from situations where the shipment of waste subject to the prior written notification and consent cannot be completed or is illegal, are borne by the relevant operators. To this end, the notifier should establish a financial guarantee or equivalent insurance for each shipment of such waste.
Amendment 125 #
2021/0367(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to avoid disruptions of shipments of waste or goods, due to a disagreement between competent authorities on the status of these waste or goods, it is necessary to set out a procedure to resolve such disagreements. It is important in that regard that competent authorities base their decisions on the provisions relating to the determination of by-products and to the end-of-waste status of Directive 2008/98/EC. It is also necessary to lay out a procedure to resolve disagreements between competent authorities as to whether waste should be subject or not to the notification procedure. To ensure a better harmonisation across the Union of the conditions under which waste should be subject to the notificationestablish or strengthen criteria for the classification of specific waste in the Annexes to this Regulation and to lay out a procedure, the Commission should also be empowered to adopt implementing acts establishing criteria for the classification of specific waste in the relevant Annexes to this Regulation, which will do resolve disagreements between competent authorities as to whethermine whether or not it is subjec waste should be subject or not to the notification procedure. In addition, in order to provide legal certainty and to avoid that waste are falsely declared as used goods and to provide legal clarity, the Commission should be empowered to adopt implementing acts, it is necessary to establishing criteria to distinguish between used goods and waste, for specific commodities for which such distinction is important, especially for their export from the Union.
Amendment 127 #
2021/0367(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) To protect the environment of the countries concerned, it is necessary to clarify the scope of the prohibition of exports of hazardous waste destined for recovery in third countries to which the OECD Decision does not apply, in accordance with the Basel Convention. In particular, it is necessary to clarify the list of waste to which that prohibition applies and to ensure that it also includes the waste listed in Annex II to the Basel Convention, namely waste collected from households, residues from the incineration of household waste and hard-to-recyclecontaminated plastic waste as well as mixtures of plastic waste.
Amendment 128 #
2021/0367(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36 a) Plastic waste pose particular challenges. There is a wide diversity of polymers, they often contain hazardous additives and numerous contaminants. Measuring the levels of hazardous additives and of contaminants requires costly testing. Recycling levels are very low, and normally creates large amounts of residual waste. In line with the commitment to stop exporting waste challenges to third countries, the Union should therefore prohibit the export of all kinds of plastic waste.
Amendment 132 #
2021/0367(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Countries to which the OECD decision applies are subject to the rules and recommendations laid down by the OECD on the shipment and management of waste, and have generally higher standards for the management of waste than countries to which the OECD decision does not apply. It is however important that the export from the Union of non-hazardous waste for recovery does not create damages to environment and public health in countries to which the OECD decision applies. It is therefore necessary to establish a mechanism to monitor shipments of non- hazardous waste to such countries. In cases where the export of non-hazardous waste from the Union to the country concerned has considerably increased within a short period of time and there is a lack of information available demonstrating the ability of the country concerned to recover this waste in an environmentally sound manner, as well as information about negative impacts of the management of domestic waste in the country concerned, the Commission should enter into a dialogue with the country concerned and, if the information is not sufficient to prove that the waste is recovered in an environmentally sound manner, be empowered to suspend such exports.
Amendment 134 #
2021/0367(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Member States should provide the Commission with information concerning the implementation of this Regulation, both through the reports submitted to the Secretariat of the Basel Convention and on the basis of a separate questionnaire. The Commission should produce a report every fourthree years on the implementation of this Regulation, based on the information provided by the Member States as well as on other information, gathered in particular through ad hoc reports by the Commission and the European Environment Agency on the shipments of plastic waste and other specific waste streams that are a source of concern.
Amendment 137 #
2021/0367(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down measures to protect the environment and human health by preventing or reducing the adverse impacts which may result from the shipment of waste, including in third countries. It establishes procedures and control regimes for the shipment of waste, depending on the origin, destination and route of the shipment, the type of waste shipped and the type of treatment to be applied to the waste at its destination. It seeks to contribute to achieving a circular economy, climate neutrality and zero pollution for a toxic-free environment by applying the principles of proximity and self-sufficiency.
Amendment 167 #
2021/0367(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(b a) Waste containing or contaminated with a substance exceeding the levels in Annex IV to Regulation (EU) 2019/1021 on persistent organic pollutants;
Amendment 182 #
2021/0367(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Paragraph 2 shall apply to shipments of mixed municipal waste collected from private households, from other waste producers or from both, as well as to mixed municipal waste which has been subject to a waste treatment operation that has not substantially altered its properties, for example refuse derived fuels, where such waste is destined for recovery operations. Shipments of such waste destined for disposal shall be prohibited.
Amendment 188 #
2021/0367(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Only notifiers that have received a permit orand are registered in accordance with Chapter IV of Directive 2008/98/EC may submit a prior written notification (‘notification’).
Amendment 194 #
2021/0367(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. All shipments of waste for which notification is required shall be subject to the requirement of a financial guarantee or equivalent insurance, covering all the following costs:
Amendment 197 #
2021/0367(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By way of derogation from paragraph 5, where the waste shipped is destined for interim recovery operations or disposal operations and a further recovery operation or disposal operation takes place in the country of destination, the financial guarantee or equivalent insurance may be released when the waste leaves the interim facility and the competent authority concerned has received the certificate referred to in Article 16(4). In that case, any further shipment to a recovery or disposal facility shall be covered by a new financial guarantee or equivalent insurance unless the shipment is done between two facilities under the control of the same legal entity or unless the competent authority of destination is satisfied that such a financial guarantee or equivalent insurance is not required. In those circumstances, the competent authority of destination shall be responsible for obligations arising in the case of take-back where the shipment or the further recovery or disposal operation cannot be completed as intended, as referred to in Article 22, or in the case of an illegal shipment, as referred to in Article 24.
Amendment 201 #
2021/0367(COD)
Proposal for a regulation
Article 7 – paragraph 10 – introductory part
Article 7 – paragraph 10 – introductory part
10. The Commission shall, at the latest by [OP: Please insert date of two years after the date of entry into force of this Regulation], assess the feasibility of establishing a harmonised calculation method for determining the amount of financial guarantees or equivalent insurances following a risk-based approach, and, if appropriate, adopt an implementing act to establish such a harmonised calculation method no later than [OJ insert three years after the date of entry into force of this Regulation]. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 77(2).
Amendment 226 #
2021/0367(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a – point i
Article 11 – paragraph 1 – point a – point i
(i) the waste cannot be recovered in a technically feasible and economically viable and environmentally sound manner, or must be disposed of due to legal obligations in Union or international law;
Amendment 231 #
2021/0367(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a – point ii
Article 11 – paragraph 1 – point a – point ii
(ii) the waste cannot be disposed of in a technically feasible and economically viable and environmentally sound manner in the country where it was generated;
Amendment 238 #
2021/0367(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) the notifier or the consignee has previously not been convicted of illegal shipment or any other illegal act in relation to environmental, human health or worker protection;
Amendment 247 #
2021/0367(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point d – point ii
Article 12 – paragraph 1 – point d – point ii
(ii) the recovery operation in the country of destination takes place under conditions that are broadly equivalent to those prescribed in the national legislation of the country of dispatch;
Amendment 249 #
2021/0367(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point e
Article 12 – paragraph 1 – point e
(e) limiting incoming shipments of waste destined for recovery operations other than recycling and preparing for re- use is necessary for a Member State in order to protect its waste management network, where it is establishedthere are reasonable grounds to assume that such shipments wcould result in domestic waste having to be disposed of or treated in a way that is not consistent with their waste management plans;
Amendment 251 #
2021/0367(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(f) the notifier or the consignee has previously been convicted of illegal shipment or any other illegal act in relation to environmental, human health or worker protection.
Amendment 261 #
2021/0367(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point e a (new)
Article 14 – paragraph 2 – point e a (new)
(e a) the quantity of residual waste generated through the recovery operation and the subsequent waste management thereof,
Amendment 263 #
2021/0367(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point g
Article 14 – paragraph 2 – point g
(g) evidence or attestation that the legal or natural person owning or exercising control over the facility has not been convicted of illegal shipment or any other illegal act in relation to waste management, in particular with regard to the protection of the environment, human health or worker protection.
Amendment 265 #
2021/0367(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. An independently audited annual mass balances of the pre-consented recovery facility is submitted on an annual basis to the competent authority.
Amendment 272 #
2021/0367(COD)
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
9. Unless stated otherwise in the decision to approve the request for pre- consent, the pre-consent of a recovery facility shall be valid for sefiven years.
Amendment 274 #
2021/0367(COD)
Proposal for a regulation
Article 14 – paragraph 9 a (new)
Article 14 – paragraph 9 a (new)
9 a. Any pre-consented facility shall be subject to an audit at least once during the validity of pre-consent by an independent and accredited third party with appropriate qualifications.
Amendment 298 #
2021/0367(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
The competent authorities of dispatch or destination shall make publicly available by appropriate means information on notifications of shipments they have consented or objected to, as well as on shipments of waste subject to the general information requirements, where such information is not confidential under national or Union legislation. The minimum information that shall be made publicly available are the name of the waste producer, the name of the notifier if different from the waste producer, the name of the consignee, the name of the facility of final destination, the type of waste designated by its code, the total quantity of waste intended to be shipped, the treatment operation the waste will undergo and whether the notification has been consented to or not. The Commission shall grant access for the public to such information in the central system referred to in Article 26. Member States that operate their own national system shall grant access for the public to such information in their national system referred to in Article 26(3). Access shall be given in real time and free of charge.
Amendment 312 #
2021/0367(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2 a. Information stored on the central system shall be made publicly available, whenever such information is not confidential under national or Union legislation, in particular the type of recovery operations undertaken for each waste shipment requiring a notification procedure or a simple general information procedure and the related rate of material recycling operations versus energy recovery operations.
Amendment 326 #
2021/0367(COD)
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
4. In order to facilitate the harmonised classification of waste listed in Annex III, Annex IIIA, Annex IIIB or Annex IV in the Union, the Commission is empowered toshall adopt delegated acts in accordance with Article 76 to supplement or amend this Regulation by establishing or strenghtening criteria, such as contamination thresholds, on the basis of which certain wastes shall be classified in Annex III, IIIA, IIIB or IV.
Amendment 331 #
2021/0367(COD)
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
The Commission is also empowered to adopt delegated acts in accordance with Article 76 to supplement this Regulation by establishing criteria to distinguish between used goods and waste, and to set rules with regard to how financial obligations under extended producer responsibility are applied to used goods shipped from the Union, for specific categories of commodities for which this distinction is of particular importance for the export of waste or used goods from the Union.
Amendment 342 #
2021/0367(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b a (new)
Article 36 – paragraph 1 – point b a (new)
Amendment 343 #
2021/0367(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point g
Article 36 – paragraph 1 – point g
(g) wastes the import of which has been prohibited by the country of destination, including by virtue of being party to a regional agreement;
Amendment 353 #
2021/0367(COD)
Proposal for a regulation
Article 37 – paragraph 2 – introductory part
Article 37 – paragraph 2 – introductory part
2. Paragraph 1 shall not apply to exports of waste destined for recovery to a country included in the list of countries established in accordance with Article 38 for the waste specified in that list. Exports of plastic waste shall not qualify for Article 38.
Amendment 371 #
2021/0367(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point c a (new)
Article 38 – paragraph 4 – point c a (new)
(c a) update the information referred to in paragraph 2, point (b), on the basis, inter alia, of plausible evidence received from third parties;
Amendment 375 #
2021/0367(COD)
Proposal for a regulation
Article 38 – paragraph 5 – subparagraph 1
Article 38 – paragraph 5 – subparagraph 1
The countries included in the list referred to in paragraph 1 shall in any case, on the fifthevery three years after their initial inclusion, provide to the Commission an update of the information specified in the form set out in Annex VIII, together with relevant supporting evidence.
Amendment 379 #
2021/0367(COD)
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point a – introductory part
Article 39 – paragraph 3 – subparagraph 1 – point a – introductory part
(a) it has a comprehensive waste management strategy or plan that covers its entire territory and shows its ability and readiness to ensure the environmentally sound management of waste of its domestic waste and imported waste. That strategy or plan shall include at least the following elements:
Amendment 380 #
2021/0367(COD)
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point a – point iv
Article 39 – paragraph 3 – subparagraph 1 – point a – point iv
(iv) an indication of the proportion of the domestic waste concerned by the request which is landfilled, as well as any objectives and measures to decrease that proportion in the future;
Amendment 381 #
2021/0367(COD)
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point a – point vii
Article 39 – paragraph 3 – subparagraph 1 – point a – point vii
(vii) a strategy on howprovisions to ensure the environmentally sound management of waste imported into its territory, including information on the possible impact of such import on the management of waste generated domestically;
Amendment 383 #
2021/0367(COD)
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point b – point iii
Article 39 – paragraph 3 – subparagraph 1 – point b – point iii
(iii) provisions designed to ensure that the waste concerned by the request and residual waste generated through the recovery operation for the wastes concerned by the request is managed in an environmentally sound manner as referred to in Article 56;
Amendment 385 #
2021/0367(COD)
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point b a (new)
Article 39 – paragraph 3 – subparagraph 1 – point b a (new)
(b a) the imports of the waste concerned by the request will not have any adverse effects on the management of domestic waste;
Amendment 388 #
2021/0367(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. The Commission shall assess the requests submitted pursuant to Article 39 without undue delay and, if it is satisfied that the requirements set out in that Article are complied with, it shall include the country making the request in the list of countries to which exports are authorised together with the information referred to in Article 38(2). The assessment shall be based on the information and supporting evidence provided by the country making the request, as well as other relevant information, and aim to determine if the country making the request has put in place and implements all necessary measures to ensure that the waste concerned will be managed in an environmentally sound manner as referred to in Article 56. In order to perform this assessment, the Commission shall use, as points of reference, the relevant provisions in the legislation and guidance referred to in Annex IX.
Amendment 391 #
2021/0367(COD)
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
1 a. Following the reception of requests submitted pursuant to Article 39, the Commission shall make a public consultation, giving interested third parties thirty days to submit observations on the request for inclusion in the list of countries to which exports are authorised.
Amendment 393 #
2021/0367(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Where, during the course of its assessment, the Commission considers that the information provided by the country making the request is incomplete or insufficient to demonstrate compliance with the requirements set out in Article 39, or it has received plausible evidence from third parties that the requirements may not be met, it shall give that country an opportunity to provide additional information within a maximum period of three months. That period may be extended by an additional period of three months where the requesting country makes a reasoned request for such extension.
Amendment 394 #
2021/0367(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where the country making the request does not provide the additional information within the time limit referred to in paragraph 2 of this Article, or where the provided additional information is still considered to be incomplete or insufficient to demonstrate compliance with the requirements set out in Article 39, or where there is plausible evidence that the requirements may not be met, the Commission shall inform without undue delay the country making the request that it cannot be included in the list of countries to which exports are authorised and that its request will no longer be processed. In that case, the Commission shall also inform the country making the request of the reasons for that conclusion. This is without prejudice to the possibility of the country making the request to submit a new request pursuant to Article 39.
Amendment 401 #
2021/0367(COD)
Proposal for a regulation
Article 41 – paragraph 2 – point c a (new)
Article 41 – paragraph 2 – point c a (new)
(c a) the export of all plastic waste shall be prohibited;
Amendment 414 #
2021/0367(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. The Commission shall monitor the levels of export of waste from the Union to countries to which the OECD Decision applies, with a view to ensuring that such exports do not lead to serious environmental or human health damages in the country of destination and do not have any adverse effects on the management of domestic waste in that country. As part of such monitoring, the Commission shall assess requests from natural or legal persons which are accompanied by relevant information and data showing that export of waste from the Union leads to serious environmental or human health damages in a country to which the OECD Decision applies or have adverse effects on the management of domestic waste in that country.
Amendment 419 #
2021/0367(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. In cases where the export of waste from the Union to a country to which the OECD Decision applies has considerably increased within a short period of time, and there is insufficient evidence available demonstrating that the country concerned has the ability to recover this waste in an environmentally sound manner as referred to in Article 56, or where there is evidence that there are adverse effects on the management of domestic waste in that country due to the waste imported from the Union, the Commission shall request the competent authorities of the country concerned to provide, within 60 days, information on the conditions under which the waste in question is recovered and the ability of the country concerned to manage the waste in question, including any domestic waste that may be affected by this. The Commission may grant an extension of this time limit if the country concerned makes a reasoned request for an extension thereof.
Amendment 430 #
2021/0367(COD)
Proposal for a regulation
Article 42 – paragraph 3 – point c
Article 42 – paragraph 3 – point c
(c) put in place an adequate strategy to address the possible negative impact of anmeasures to ensure that the increase in the import of the waste concerned has no negative effect on the collection and management of the waste generated domestically;
Amendment 434 #
2021/0367(COD)
Proposal for a regulation
Article 42 – paragraph 3 a (new)
Article 42 – paragraph 3 a (new)
3 a. In order to perform this verification, the EU Commission shall use, as points of reference, the relevant provisions in the legislation and guidance referred to in Annex IX and the OECD Recommendation on the Environmentally Sound Management (ESM) of Waste in addition to establishing a consultation committee consisting of relevant national experts, industry representatives for the waste concerned and representatives of NGOs and CSOs, including from the concerned country.
Amendment 436 #
2021/0367(COD)
Proposal for a regulation
Article 42 – paragraph 4 – introductory part
Article 42 – paragraph 4 – introductory part
4. Where, further to the request referred to in paragraph 2, the country concerned does not provide sufficient evidence as referred to in paragraph 3 that the waste is managed in an environmentally sound manner in accordance with Article 56, or that there are no negative effects on the management of domestic waste, the Commission is empowered to adopt delegated acts in accordance with Article 76 to supplement this Regulation by prohibiting the export of the waste concerned to this country.
Amendment 446 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2 a. The independent and accredited third party shall have a high level of technical and specialised expertise in the field of waste in order to conduct the audit.It shall be accredited to carry out audits in accordance with ISO 19011 standard, the accreditation being obtained from a national accreditation body appointed by an EU Member State according to Regulation (EC) No 765/2008. The independent and accredited third party shall be subject to principles of professional ethics, covering at least their integrity and objectivity and their professional competence and due care. When carrying out an audit, the independent and accredited third party shall be independent of the audited entity. The natural or legal person that has commissioned an audit shall not intervene in the execution of the audit in any way which jeopardises the independence and objectivity of the independent and accredited third party.
Amendment 462 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. A natural or legal person intending to export waste shall ensure that the facility which will manage the waste in the country of destination has been subject to an audit referred to in paragraph 2 prior to exporting waste to the facility cthat was carried out no loncgerned and thatn the audit is repeated at regular intervals, following a risk-based approach, with a minimum frequency of every three years after the first auditwo years ago prior to exporting waste to the facility concerned.
Amendment 469 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
5. A natural or legal person that has commissioned or carried out an audit for a given facility in accordance with paragraph 2 shall ensure that such audit be made available to other natural or legal person intending to export waste to the facility in question, under fair commercial conditions. The name of and location of facilities complying with the criteria laid down in Annex X should be made available to the public. For that purpose, a public register of all compliant facilities is established by the EU Commission and updated as need be.
Amendment 473 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 7
Article 43 – paragraph 7
7. Natural or legal persons exporting waste outside the Union shall on a yearly basis make information on how they comply with their obligations under this Article publicly available by electronic meansprovide the audit reports referred to in paragraph 4 to the Commission prior to exporting waste. The Commission shall make the audit reports publicly available by electronic means, no later than one month after reception.
Amendment 478 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 8
Article 43 – paragraph 8
Amendment 484 #
2021/0367(COD)
Proposal for a regulation
Article 43 – paragraph 9
Article 43 – paragraph 9
Amendment 492 #
2021/0367(COD)
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. For the purposes of export of waste, the waste shipped shall be deemed to be managed in an environmentally sound manner as regards the recovery or disposal operation concerned, where it can be demonstrated that the waste, as well as any residual waste generated through the recovery operation, will be managed in accordance with human health and environmental protection requirements that are broadly equivalent to the human health and environmental protection requirements laid down in Union legislation. When assessing such broad equivalence, full compliance with requirements stemming from Union legislation shall not be required, but it should be demonstrated that the requirements applied in the country of destination ensure a similar level of protection of human health and the environment than the requirements stemming from Union legislation.
Amendment 498 #
2021/0367(COD)
Proposal for a regulation
Article 57 – paragraph 2 – point a a (new)
Article 57 – paragraph 2 – point a a (new)
(a a) at collection, storage and sorting facilities
Amendment 503 #
2021/0367(COD)
Proposal for a regulation
Article 58 – paragraph 2 – introductory part
Article 58 – paragraph 2 – introductory part
2. In order to ascertain that a substance or object being carried by road, rail, air, sea or inland waterway is not waste, the authorities involved in inspections mayshall require the natural or legal person who is in possession of the substance or object concerned, or who arranges the carriage thereof, to submit documentary evidence:
Amendment 504 #
2021/0367(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point a a (new)
Article 58 – paragraph 2 – point a a (new)
(a a) as to the audit report pursuant to Article 42;
Amendment 507 #
2021/0367(COD)
Proposal for a regulation
Article 58 – paragraph 6
Article 58 – paragraph 6
6. Where the evidence referred to in paragraph 4 or required in accordance with paragraph 5 has not been submitted to the authorities involved in inspections within the period specified by them, or they consider the evidence and information available to them to be insufficient to reach a conclusion, the shipment concerned shall be considered as an illegal shipment and shall be dealt with in accordance with Articles 24 and 25. The authorities involved in inspections shall, without delay, inform the competent authority of the country where the inspection concerned took place accordingly.
Amendment 511 #
2021/0367(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. Inspection plans shall include a minimum number of physical checks of facilities and waste shipments in line with the strategy and objectives adopted and the risk assessment conducted. The plans shall not contain any details about operational programming. The inspection plans shall include, at least, the following elements:
Amendment 512 #
2021/0367(COD)
Proposal for a regulation
Article 59 – paragraph 2 – point c
Article 59 – paragraph 2 – point c
(c) information on the number and types of planned inspections, including on physical checks;
Amendment 514 #
2021/0367(COD)
Proposal for a regulation
Article 59 – paragraph 2 a (new)
Article 59 – paragraph 2 a (new)
2 a. Member States shall ensure that the outcome of the inspections carried out pursuant to the plans referred to in this Article, any remedial actions taken by the relevant authorities as a follow up to those inspections, the names of the operators involved in illegal shipments, and the penalties imposed are permanently available to the public, including electronically.
Amendment 517 #
2021/0367(COD)
Proposal for a regulation
Article 59 – paragraph 5
Article 59 – paragraph 5
5. The Commission shall review the inspection plans notified by the Member States in accordance with paragraph 4 and, if appropriate, draw up reports, based on the review of these plans, on the implementation of this Article within one year after the reception of the inspection plans. Such reports shall be made publicly available. Such reports may include, inter alia, recommendations on priorities of inspections and on enforcement cooperation and coordination between the relevant authorities involved in inspections. Such reports may also be presented, where appropriate, in the meetings of the waste shipment enforcement group established under Article 63.
Amendment 520 #
2021/0367(COD)
Proposal for a regulation
Article 63 – paragraph 4
Article 63 – paragraph 4
4. The waste shipment enforcement group shall meet at least twice a year. In addition to the members referred to in paragraph 2, the chairperson may invite to the meetings, where appropriate, representatives of other relevant institutions, bodies, offices, agencies, trade or industry associations, civil society groups or networks.
Amendment 524 #
2021/0367(COD)
Proposal for a regulation
Article 69 – paragraph 4 – introductory part
Article 69 – paragraph 4 – introductory part
4. The Commission shall review the data reported in accordance with this Article and Article 59 and publish a report with the results of its review.
Amendment 526 #
2021/0367(COD)
Proposal for a regulation
Article 69 – paragraph 4 – subparagraph 2
Article 69 – paragraph 4 – subparagraph 2
The report mentioned in the first subparagraph shall be drawn up for the first time by [OP: Please insert date of the end of the fifththird year after the date of entry into force of this Regulation] and every fourthree years thereafter.
Amendment 547 #
2021/0367(COD)
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
By 31 December 20350, the Commission shall, taking into account, inter alia, the reports drawn up in accordance with Article 69, and the review referred to in Article 59(5), carry out a review of this Regulation and submit a report on the results thereof to the European Parliament and to the Council, accompanied, if the Commission deems it appropriate, by a legislative proposal.
Amendment 553 #
2021/0367(COD)
Proposal for a regulation
Annex III – Part I – paragraph 2 – point f a (new)
Annex III – Part I – paragraph 2 – point f a (new)
Amendment 554 #
2021/0367(COD)
Proposal for a regulation
Annex III – Part I – paragraph 2 – point g
Annex III – Part I – paragraph 2 – point g
Amendment 564 #
2021/0367(COD)
Proposal for a regulation
Annex IV – Part I – paragraph 1 – subparagraph 1 a (new)
Annex IV – Part I – paragraph 1 – subparagraph 1 a (new)
Waste classified as hazardous in the list of waste pursuant to Article 7 of Directive 2008/98/EC
Amendment 565 #
2021/0367(COD)
Proposal for a regulation
Annex IV – Part I – paragraph 2 – point e a (new)
Annex IV – Part I – paragraph 2 – point e a (new)
(e a) Basel entry Y46 shall apply to shipments of mixed municipal waste collected from private households, from other waste producers or from both, as well as to mixed municipal waste which has been subject to a waste treatment operation that has not substantially altered its properties (e.g. refuse derived fuels).
Amendment 566 #
2021/0367(COD)
Proposal for a regulation
Annex IV – Part I – paragraph 2 – point f
Annex IV – Part I – paragraph 2 – point f
Amendment 567 #
2021/0367(COD)
Proposal for a regulation
Annex V – point 2 – introductory part
Annex V – point 2 – introductory part
2. This Annex consists of two parts. Article 36 further refers to the list of waste as referred to in Article 7 of Directive 2008/98/EC. For the purposes of this Regulation and to determine whether a specific waste is listed as referred to in Art. 36 of this Regulation, the list of waste as referred to in Article 7 of Directive 2008/98/EC applies only when Part 1 of this Annex is not applicable. If a waste is not listed in Part 1 of this Annex or, and not as a hazardous waste in the list of waste as referred to in Article 7 of Directive 2008/98/EC (i.e. types of waste marked with an asterisk), only then it should be checked if it is listed in Part 2 of this Annex.
Amendment 568 #
2021/0367(COD)
Proposal for a regulation
Annex V – point 2 – paragraph 2
Annex V – point 2 – paragraph 2
Thus, if a waste is listed in Part 1, a check must be made to ascertain whether it is listed in List A or in List B. For the purposes of this Regulation, Basel entry B3011 shall be considered to be listed in Part 2 of this Annex. Only if a waste is not listed in either List A or List B of Part 1, must a check be made to ascertain whether it is listed either among the hazardous waste listed in the list of waste as referred to in Article 7 of Directive 2008/98/EC (i.e. types of waste marked with an asterisk) or in Part 2 of this Annex, and if this is the case, it is covered by the export prohibition.
Amendment 569 #
2021/0367(COD)
Proposal for a regulation
Annex V – point 3 a (new)
Annex V – point 3 a (new)
3 a. For the purposes of this Regulation, Basel entry Y46 shall apply to shipments of mixed municipal waste collected from private households, from other waste producers or from both, as well as to mixed municipal waste which has been subject to a waste treatment operation that has not substantially altered its properties (e.g. refuse derived fuels).
Amendment 575 #
2021/0367(COD)
Proposal for a regulation
Annex X – point 1 – point c – introductory part
Annex X – point 1 – point c – introductory part
(c) it establishes and operates management and monitoring systems, procedures and techniques that have the purpose of preventing, reducing, minimising and to the extent practicable eliminating:
Amendment 579 #
2021/0367(COD)
Proposal for a regulation
Annex X – point 1 – point c – point ii a (new)
Annex X – point 1 – point c – point ii a (new)
(ii a) To this end, as a minimum, the actual performance of the facility, including the level of emissions, must be checked and compared with specific requirement which are mandatory in EU legislation and relevant BAT associated emission levels defined in EU under Directive 2010/75/EU.
Amendment 587 #
2021/0367(COD)
Proposal for a regulation
Annex X – point 2 – introductory part
Annex X – point 2 – introductory part
2. Upon verifying compliance of a facility against the above criteria, the independent third party performing the audit must in particular take into account, as a point of reference and where relevantverify that all activities carried out by the facility would comply with:
Amendment 592 #
2021/0367(COD)
Proposal for a regulation
Annex VIII – Part 2 – point 7 a (new)
Annex VIII – Part 2 – point 7 a (new)
(7 a) Fundamental ILO Conventions Signed: yes no Ratified: yes no
Amendment 597 #
2021/0367(COD)
Part 2 a (new) Commitment to ensure that waste(s) received from the European Union is managed and treated in accordance with Article 56. Hereby, [name and contact details of competent authority], on behalf of [country] (hereafter ‘the country’) declares that the country ensures that any waste shipped to its territory is managed without endangering human health and in an environmentally sound manner in accordance with Article 56 of this Regulation.
Amendment 78 #
2021/0214(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) As long as a significant number of the Union’s international partners have policy approaches that do not result in the same level of climate ambition, there is aand as the EU raises its ambition on climate protection, there is an increasing risk of carbon leakage. Carbon leakage occurs if, for reasons of costs related to climate policies, businesses in certain industry sectors or subsectors were to transfer production to other countries or imports from those countries would replace equivalent but less GHG emissions intensive products. That could lead to an increase in their total emissions globally, thus jeopardising the reduction of GHG emissions that is urgently needed if the world is to keep the global average temperature to well below 2 °C above pre- industrial levels.
Amendment 90 #
2021/0214(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, both free allocation under the EU ETS and compensation for indirect emissions costs weakens the price signal that the system provides for the installations receiving ithem compared to full auctioning and full payment of indirect emissions costs in contradiction with the ‘polluter pays principle’, and thus affects the incentives for investment into further abatement of emissions.
Amendment 103 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the UnionCurrently over 95% of EU's industrial emissions are covered by free emission allowances. A CBAM will only achieve its aim of higher international climate ambition if it is designed to provide real incentives for industries within and outside the EU to reduce their emissions. The CBAM should therefore replace these existing carbon leakage mechanisms by terminating derogations from the application of the ‘polluter pays principle’, while ensuring equal treatment between EU and non-EU products through equivalent carbon pricing for imports and domestic products. Free allocations and indirect cost compensation should cease to apply as of 1 January 2025.
Amendment 112 #
2021/0214(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to prevent thelower global carbon emissions and support the implementation of the goals of the Paris Agreement, including by preventing any risk of carbon leakage, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated.
Amendment 129 #
2021/0214(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation should apply to goods imported into the customs territory of the Union from third countries, except where their production has already been subject to the EU ETS, whereby it applies to third countries or territories, or to a carbon pricing system fully linked with the EU ETS. This Regulation should also not apply to third countries classified as “least-developed” by the United Nations.
Amendment 140 #
2021/0214(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initiallyreflect future revisions of the EU ETS in terms of regulated GHG emissions. The CBAM should apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of a transition period and upon further assessment, as well to indirect emissions, mirroring the scope of the EU ETS.
Amendment 160 #
2021/0214(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broad product coverage, it would be prudent to start with a selected number of sectors with relatively homogeneous products where there is a risk of carbon leakage. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision 2019/70842 . Before the end of the transitional period, the Commission will present a new legislation proposal with a view to extending the scope of this Regulation to goods other than those listed in Annex I, including oil refineries, paper, glass, plastics, and downstream products using goods covered by this Regulation. _________________ 42 Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
Amendment 181 #
2021/0214(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) However, aluminium products should be included in the CBAM as they are highly exposed to carbon leakage. Moreover, in several industrial applications they are in direct competition with steel products because of characteristics closely resembling those of steel products. Inclusion of aluminium is also relevant as the scope of the CBAM may be extended to covers also indirect emissions in the future.
Amendment 188 #
2021/0214(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The system should allow operators of production installations in third countries to register in a central database and to make their verified embedded GHG emissions from production of goods available to authorised declarants. An operator should be able to choose not to have its name, address and contact details in the central database made accessible to the public.
Amendment 189 #
2021/0214(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) CBAM certificates differ from EU ETS allowances for which daily auctioning is an essential feature. The need to set a clear price for CBAM certificates makes a daily publication excessively burdensome and confusing for operators, as daily prices risk becoming obsolete upon publication. Thus, the publication of CBAM direct emission prices on a weekly basis would accurately reflect the pricing trend of EU ETS allowances and pursue the same climate objective. The calculation of the price of CBAM certificates should therefore be set on the basis of a longer timeframe (on a weekly basis) than in the timeframe established by the EU ETS (on a daily basis). The Commission should be tasked to calculate and publish that average price.
Amendment 193 #
2021/0214(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) A transitional period should apply during the period 2023 until 20254. A CBAM without financial adjustment should apply, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disruptive impacts on trade. Declarants should have to report on a quarterly basis the actual embedded emissions in goods imported during the transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad.
Amendment 195 #
2021/0214(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) To facilitate and ensure a proper functioning of the CBAM, the Commission should provide support to the competent authorities responsible for the application of this Regulation in carrying out their obligations. Before the end of the transitional period, the Commission should assess the governance system with a view to creating a European CBAM Authority which would coordinate the work of relevant authorities, help centralising data and provide a single contact point for operators, authorised declarants and any interested parties, with all relevant information concerning the implementation of the this Regulation.
Amendment 201 #
2021/0214(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should collect information, evaluate the application of this Regulation and develop methods of calculating embedded emissions based on the environmental footprint methods before the end of the transitional period and reportsubmit a report and a legislative proposal to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities tolegislative proposal should focus on enhanceing climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . _________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013propose to extend the scope to other goods and services at risk of carbon leakage, including oil refineries, paper, glass, plastics aiming at matching the same product scope as ETS, as well as to downstream products using goods covered by the CBAM. The Report should provide an assessment of the governance system onf the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1)Regulation, if appropriate, to be accompanied by a legislative proposal to introduce a European CBAM Authority; it should also evaluate the risks of circumvention and fraud identified and, if appropriate, propose measures to address them.
Amendment 218 #
2021/0214(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) As the CBAM aims to encourage cleaner production processes, the EU stands ready to work with low and middle- income countries towards the de- carbonisation of their manufacturing industries. Moreover, the Union should support less d and provide them. with the necessary technical assistance and with the sharing or GHG-abating technology in order to facilitate their adaptation to the new obligations established by this regulation. Least Developed cCountries with the necessary technical assistance in order to facilitate their adaptation to the new obligations established by this regulation. have limited capacity to decarbonise their industries, and compliance with CBAM obligations would be highly demanding for them; moreover, manufacturing capacities and associated emissions in these countries are negligible on a global scale. In order not to place a disproportionate burden on these countries, and in line with the ‘common but differentiated responsibility’ principle, the CBAM will not apply to them. However, to prevent risks of circumvention, the Commission will set up a system to monitor potential circumvention and will take measures where appropriate.
Amendment 222 #
2021/0214(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55 a) Revenues from the CBAM should flow into the general budget of the European Union and should constitute internal assigned revenue for the purpose of Article 21(3) of the Financial Regulation. To further ensure that the aim of the CBAM is solely to reduce global carbon emission, these new resources should contribute to supporting the implementation of the Green Deal by stepping up the Union’s contribution to international climate finance and help to Least-developed Countries.
Amendment 229 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent thereduce global carbon emissions and support the implementation of the goals of the Paris Agreement by preventing any risk of carbon leakage.
Amendment 239 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism will progressively becomshall be an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge and compensation of indirect costs in accordance with Articles 10a and 10b of that Directive.
Amendment 244 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, this Regulation does not apply to goods originating in countries and territories listed in Annex II, Section A and in Least-Developed Countries (LDCs) as designated by the United Nations.
Amendment 249 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 10 a (new)
Article 2 – paragraph 10 a (new)
10 a. The Commission shall continuously monitor whether the conditions in paragraphs 5, 7 and 8 are fulfilled for all countries and territories listed in Annex II, Sections A and B, also based on any source of information that the Commission deems appropriate, including submissions from Civil Society Organisations.
Amendment 261 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12
Article 2 – paragraph 12
12. The Union, may conclude agreements with third countries with a view to take account of carbon pricing mechanisms in these countries in the application of Article 9. Such agreements shall not lead to undue preferential treatment of imports from the third countries as regards the CBAM certificates to be surrendered and cannot take into account any carbon pricing mechanisms that are considered to be practices of circumvention within the meaning of Article 27(2).
Amendment 268 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘emissions’ mean the release of greenhouse gases into the atmosphere from the production of goods and from the generation of the energy consumed for the production of goods;
Amendment 272 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
Article 3 – paragraph 1 – point 15 a (new)
(15 a) ‘indirect emissions’ mean emissions from the production of energy consumed for the production processes of goods;
Amendment 273 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘embedded emissions’ mean direct and indirect emissions released during the production of goods, calculated pursuant to the methods set out in Annex III, and indirect emissions released during the production of energy consumed by the producer of goods to be calculated pursuant to the methods to be set out by the Commission in a delegated act to be adopted in accordance with article 28 of this Regulation;
Amendment 276 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
(22) ‘actual emissions’ mean the emissions calculated based on primary data from the production processes of goods and from the production of energy consumed for the production processes of goods;
Amendment 277 #
2021/0214(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘carbon price’ means the sum of the monetary amount paid in a third country in the form of a tax or emission allowances under a greenhouse gas emissions trading system, calculated on greenhouse gases covered by such a measure and released during the production of goods and the monetary amount paid in a third country for the greenhouse gases released during the production of energy consumed during the production processes of goods;
Amendment 285 #
2021/0214(COD)
(c) the total number of CBAM certificates corresponding to the total embedded emissions, to be surrendered, after the reduction due on the account of the carbon price paid in a country of origin in accordance with Article 9 and the adjustment necessary of the extent to which EU ETS allowances are allocated free of charge in accordance with Article 31.
Amendment 286 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Embedded direct emissions in goods shall be calculated pursuant to the methods set out in Annex III.
Amendment 288 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Embedded direct emissions in goods other than electricity shall be determined based on the actual emissions in accordance with the methods set out in Annex III, points 2 and 3. When actual emissions cannot be adequately determined, the embedded emissions shall be determined by reference to default values in accordance with the methods set out in Annex III, point 4.1.
Amendment 293 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. The Commission is empowered to adopt delegated acts providing a methodology for the calculation of the actual embedded indirect emissions for simple and complex goods and of relevant default values as well as a methodology for the determination of the CBAM price of embedded indirect emissions. Those delegated acts shall be adopted in accordance with Article 28.
Amendment 294 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 7 b (new)
Article 7 – paragraph 7 b (new)
7 b. The Commission shall adopt the implementing and delegated acts referred to in paragraphs 6 and 7a by 31 December 2023, with a view to ensuring their application from 1 January 2024.
Amendment 296 #
2021/0214(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. For embedded emissions in goods produced in registered installations in a third country in accordance with Article 10, the authorised declarant may choose toshall, if available, use verified information disclosed to it in accordance with Article 10(7) to fulfil the obligation referred to in paragraph 1.
Amendment 297 #
2021/0214(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The Commission is empowered to adopt implementingdelegated acts concerning the principles of verification referred to in paragraph 1 as rAnnex V and the obligation to set thresholds for deciding whether misstatements or non-conformities are material and concerning the supporting documentation needed for the verification report. Regardsing the possibility to waive the obligation for the verifier to visit the installation where relevant goods are produced and the obligation to set thresholds for deciding whether misstatements or non-conformities are material and concerning the supporting documentation needed for the verification report, this may be possible only in duly justified circumstances and in such cases where the installation has a well- known standard profile regarding production and technology, allowing for a reliable estimation of embedded emissions.
Amendment 300 #
2021/0214(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
The implementingdelegated acts referred to in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 29(2)8.
Amendment 301 #
2021/0214(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. An authorised declarant may claim in its CBAM declaration a reduction in the number of CBAM certificates to be surrendered in order for the carbon price paid in the country of origin for the declared embedded emissions to be taken into account, unless that paid price falls into the practices of circumvention within the meaning of Article 27(2).
Amendment 302 #
2021/0214(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The authorised declarant shall keep records of the documentation, certified by an independent person, required to demonstrate that the declared embedded emissions were subject to a carbon price in the country of origin of the goods and keep evidence of the proof of the actual payment for that carbon price which should not have been subject to an export rebate or any other form of compensation on exportation. The documentation shall be certified by a qualified independent person, whose name and contact details appear on the documentation. Upon request, the authorised declarant shall transmit such documentation to the relevant competent authority.
Amendment 309 #
2021/0214(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission is empowered to adopt implementing acts establishing the methodology for calculating the reduction in the number of CBAM certificates to be surrendered, regarding the conversion of the carbon price paid in foreign currency into euro at yearly average exchange rate in accordance with paragraph 1, and regarding the qualifications ofand the requirements the independent person certifying the information shall satisfy as well as elements of proof of the carbon price paid and the absence of export rebates or other forms of compensation on exportation being applied as referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
Amendment 315 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 5 – point b
Article 10 – paragraph 5 – point b
(b) ensure that the embedded emissions referred to in point (a) are verified in accordance with the verification principles set out in Annex V by a verifier accredited pursuant to Article 18, including through installation visits by the verifier;
Amendment 316 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. The operator shall without delay inform the Commission of any changes in the information referred to in paragraph 5 following the registration and the Commission shall update the relevant information.
Amendment 321 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The operator may, at any time, ask to be deregistered from the database and shall be removed from the database four years after the year in which an authorised declarant used the information in the database relating to that operator to fulfil the obligation referred to in Article 8.
Amendment 333 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall require that competent authorities exchange any information thatUpon request, competent authorities shall, without undue delay, provide each other with any document submitted by an authorised declarant, when this is essential or relevant to the exercise of their functions and duties.
Amendment 338 #
2021/0214(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The Commission shall assist the competent authorities in carrying out their obligations under this Regulation and coordinate their activities. The Commission shall set up an expert group of representatives from Member States’ competent authorities in order to exchange information and best practices on the application of this regulation. Such expert group shall meet at least twice a year.
Amendment 343 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The competent authority of each Member State shall establish a national registry of declarants authorised in that Member State in the form of a standardised electronic database containing the data regarding the CBAM certificates of those declarants, and to provide for confidentiality in accordance with the conditions set out in Article 13. Access to databases shall be granted to the competent authorities of the other Member States.
Amendment 353 #
2021/0214(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The central administrator shall carry out risk-based controls on transactions recorded in national registries through an independent transaction log to ensure that there are no irregularities in the calculation, purchase, holding, surrender, re-purchase and cancellation of CBAM certificates.
Amendment 363 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a a (new)
Article 17 – paragraph 1 – point a a (new)
(a a) the declarant has not been involved in repeated infringements of the Regulation which led to the revocation of an authorisation by the competent authorities of other Member States;
Amendment 365 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1 a. An authorisation is valid for a period of five years.
Amendment 374 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 9
Article 17 – paragraph 9
9. The competent authority shall revoke the authorisation for a declarant who no longer meets the conditions laid down in paragraph 1, or who fails to cooperate with that authority. The competent authority shall inform the Commission and the competent authorities of the other Member States of the revocation.
Amendment 379 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The competent authority may review the CBAM declaration within the period ending with the fourth year after the year in which the declaration should have been submitted. The review may consist in verifying the information provided in the CBAM declaration on the basis of the information communicated by the customs authorities in accordance with Article 25(2) and any other relevant evidence, and on the basis of any audit deemed necessary, including at the premises of the authorised declarant. The competent authority shall conduct reviews wherever there are indications of inaccuracies, as well as randomised reviews of CBAM declarations, to the extent necessary in order to deliver statistically significant reports to the Commission on incorrect CBAM declarations.
Amendment 384 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where a CBAM declaration in accordance with Article 6 has not been submitted, the competent authority of the Member State of establishment of the authorised declarant shall assess the CBAM obligations of that declarant on the basis of the information at its disposal and calculate the total number of CBAM certificates due at the latest by the 31 December of the fourth year following that when the CBAM declaration should have been submitted. The calculations shall use adequate values to assess the CBAM obligations with a view to preventing any incentive for authorised declarants to avoid submitting the required CBAM declaration.
Amendment 388 #
2021/0214(COD)
Proposal for a regulation
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. The Commission shall calculate the price of CBAM certificates as the sum of the prices of direct and indirect emissions. The price of direct emissions shall correspond to the average price of the closing prices of EU ETS allowances on the common auction platform in accordance with the procedures laid down in Commission Regulation (EU) No 1031/201054 for each calendar week. _________________ 54 Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC (OJ L 302, 18.11.2010, p. 1).
Amendment 390 #
2021/0214(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
For those calendar weeks in which there are no auctions scheduled on the common auction platform, the price of CBAM certificatedirect emissions shall be the average price of the closing prices of EU ETS allowances of the last week in which auctions on the common auction platform took place.
Amendment 391 #
2021/0214(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The price of indirect emissions shall be determined based on the methodology to be provided in the delegated acts referred to in paragraph 7a of Article 7. The Commission is empowered to adopt implementing acts to further define the methodology to calculate the average price of CBAM certificates and practical arrangements for the publication of the price. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
Amendment 396 #
2021/0214(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Amendment 403 #
2021/0214(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The customs authorities shall periodically communicatecommunicate on an yearly basis information on the goods declared for importation, which shall include the EORI number and the CBAM account number of the declarant, the 8-digit CN code of the goods, the quantity, the country of origin, the date of declaration and the customs procedure, to the competent authority of the Member State where the declarant has been authorised.
Amendment 405 #
2021/0214(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The customs authorities may communicateshall carry out checks on the goods in accordance with Article 12(1)46 of Regulation (EU) No 952/2013, confidential information acquired by the customs authorities in the course of performing their duty or provided on a confidential basis, to the competent authority of the Member State where the declarant has been authorisedincluding the 8-digit CN code, the quantity and the country of origin of the imported goods with a view to assisting competent authorities in reviewing the CBAM declarations in accordance with Article 19. The cCompetent authorities of the Member States shall treat and exchange this information in accordance with Councilmission shall include the risks relating to CBAM in the design of the common risk criteria and standards pursuant to Article 50 of Regulation (ECU) No 515/97952/2013.
Amendment 409 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. In case of repetitive failure from an authorised declarant to comply with the obligations of the present Regulation, the Commission may request the competent authorities of the relevant Member States to withdraw the import authorisation referred to in Article 5.
Amendment 410 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Member States may apply administrative or criminal sanctions for failure to comply with the CBAM legislation in accordance with their national rules in addition to penalties referred to in paragraph 2. Such sanctions shall be effective, proportionate and dissuasive. Member states shall in all cases apply administrative or criminal sanctions for any person other than an authorised declarant, introducing goods into the customs territory of the Union without surrendering CBAM certificates.
Amendment 414 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Practices of circumvention include situations where a change in the pattern of trade in relation to goods includ relation to goods included in the scope of this Regulation include practices with insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation and consist of, but are not limited to: (a) subsidies or indirect subsidies, such as favourable tax arrangements or energy pricing, for the production of goods covered by the CBAM to cover parts of or the entirety of a CO2 price paid in the third country; (b) a CO2 price paid in a third country placed only on goods to be imported into the scope of this Regulation has insufficient due cause or economic justification other than avoidingcustoms territory of the Union or other kinds of dual production and sale practices aiming at eluding CBAM; (c) declaring the origin of goods from a country referred to under paragraph 3 of Article 2 or from any other intermediary country or region where the goods have been transhipped before export to the Union, in order to avoid, or mitigate, the obligations as laid down in this Regulation and consist in; (d) deliberate shifting production of goods to a country referred to under paragraph 3 of Article 2 for the sole purpose of avoiding the obligations laid down in this Regulation;. (e) replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulation.
Amendment 432 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. A Member State or any party affected or benefitted by any of the situations described in paragraph 2 may notify the Commission if it is confronted, over a two- month period compared with the same period in the preceding year with a significant decrease in the volume of imported goods included in the scope of this Regulation and an increase of volume of imports of slightly modified products, which are not included in the list of goods in Annex I. The Commission shall continually monitor any significant change of pattern of trade of goods and slightly modified products at Union level. Interested parties other than directly affected parties, such as environmental organisations and non- governmental organisations, which find concrete evidence of circumvention of this Regulation, may also notify the Commission of their findings. The Commission shall continually monitor any significant change of pattern of trade of goods and slightly modified products at Union level, including based on market surveillance and on any relevant source of information, including submissions by and reporting from civil society organisations.
Amendment 436 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The notifications referred to in paragraph 3 shall state the reasons on which it isthey are based and shall include relevant data and statistics regarding the goods and products referred to in paragraph 2. The Commission shall investigate possible circumvention when notified by a Member State, an affected party or an interested party and when such notifications meet the requirements outlined in this paragraph.
Amendment 438 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Where the Commission, taking into account the relevant data, reports and statistics, including when provided by the customs authorities of Member States, has sufficient reasons to believe that the circumstances referred to in paragraph 32 are occurring in one or more Member States, it can proceed according to the following options: (a) it is empowered to adopt delegated acts in accordance with Article 28 to supplement the scope of this Regulation as necessary in order to include slightly modified products for anti-circumvention purposes. additional products for anti-circumvention purposes and if necessary it may adopt a new legislative proposal; (b) if in particular the practices of circumvention referred to in point (c) of paragraph 2 materialise in a Least- Developed Country the Commission may, if appropriate, temporarily remove the relevant exemption from CBAM referred to in paragraph 3 of Article 2; (c) in particular for the practices of circumvention referred to in point (d) of paragraph 2, the Commission shall introduce a tariff-rate quota based on export levels during the three preceding years. Beyond the level set by the tariff- rate quota, the exemption from CBAM for the country in question shall cease to apply.
Amendment 444 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 a (new)
Article 27 – paragraph 5 a (new)
5 a. The Commission shall report every two years to the European Parliament and the Council on the main circumvention practices identified.
Amendment 454 #
2021/0214(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 2(10), 2(11), 6(7a), 8(3), 18(3) and 27(5) shall be conferred on the Commission for an indeterminate period of time.
Amendment 456 #
2021/0214(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The delegation of power referred to in Articles 2(10), 2(11), 6(7a), 8(3), 18(3) and 27(5) may be revoked at any time by the European Parliament or by the Council.
Amendment 459 #
2021/0214(COD)
Proposal for a regulation
Article 28 – paragraph 7
Article 28 – paragraph 7
7. A delegated act adopted pursuant to Articles 2(10), 2(11), 6(7a), 8(3), 18(3) and 27(5) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council.
Amendment 466 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a view to extending the scope of this Regulation to indirect emissions and goods other than those listed in Annex I, andto develop methods of calculating embedded emissions based on environmental footprint methods.
Amendment 472 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. Before the end of the transitional period, the Commission shall present a legislative proposal with a view to extending the scope of this Regulation to goods other than those listed in Annex I goods, including but not limited to oil refineries, paper, glass, plastics, chemicals and downstream products.
Amendment 479 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, the: - an assessment of the possibilitgovernance system with a viesw to further exsetting up a European CBAM Authority which would be grantend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain thetasks of coordinating relevant authorities, centralising data and providing a single contact point for operators, authorised declarants and any interested parties; - an assessment of the measures aiming at preventing and addressing circumvention practices; - an assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future.
Amendment 491 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3 a. The Commission shall monitor the functioning of the Carbon Border Adjustment Mechanism. Each year, it shall submit a report to the European Parliament and to the Council on the functioning of the Carbon Border Adjustment Mechanism, including the volumes of imported products covered by this Regulation broken-down by exporting country, the quantity of emissions embedded in those products, as well as products’ average emissions-intensity. The Commission shall also provide an assessment of the impacts of this regulation on the risk of carbon leakage relevant sectors, of the evidence and risk of circumvention and of the administrative procedures for declarants.
Amendment 496 #
2021/0214(COD)
Proposal for a regulation
Chapter IX – title
Chapter IX – title
IX CoordTermination withof free allocation of allowances under the EU ETS
Amendment 498 #
2021/0214(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The CBAM certificates to be surrendered in accordance with Article 22 shall be adjusted to reflect the extent to which EU ETS allowances are allocated free of charge in accordance with Article 10a of Directive 2003/87/EC to installations producing, within the Union, the goods listed in Annex Ireflect the price paid by the installations producing within the Union territory and being covered by the EU ETS in accordance with Directive XXXX/XX/XX (revised EU ETS), which will provide for a termination of free allocation of allowances as of the date referred to in paragraph 3(d) of Article 36 of this Regulation.
Amendment 502 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
(b) the actual total embedded direct emissions, expressed in tonnes of CO2e emissions per megawatt-hour of electricity or for other goods in tonne of CO2e emissions per tonne of each type of goods, calculated in accordance with the method set out in Annex III;
Amendment 503 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point c
Article 35 – paragraph 2 – point c
(c) the actual total embedded indirect emissions, expressed in tonnes of CO2e emissions per tonne of each type of other goods than electricity, calculated in accordance with a method set out in an implementingdelegated act referred to in paragraph 67a of Article 7;
Amendment 508 #
2021/0214(COD)
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. The Commission is empowered to adopt implementing acts concerning the information to be reported, the procedures for communicating the information referred to in paragraph 3 and the conversion of the carbon price paid in foreign currency into euro at yearly average exchange rate. The Commission is also empowered to adopt implementing acts to further define the necessary elements of the calculation method set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and their respective application to individual goods as well as laying down methods to ensure the reliability of data, including the level of detail and the verification of this data. The Commission is further empowered to adopt implementing acts to develop a calculation method for indirect emissions embedded in imported goods.
Amendment 513 #
2021/0214(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point a
Article 36 – paragraph 3 – point a
(a) Articles 32 to 34 shall apply until 31 December 20254.
Amendment 518 #
2021/0214(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point b
Article 36 – paragraph 3 – point b
(b) Article 35 shall apply until 28 February 20265.
Amendment 521 #
2021/0214(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point c
Article 36 – paragraph 3 – point c
(c) Articles 5 and 17 shall apply from 1 September 20254.
Amendment 526 #
2021/0214(COD)
Proposal for a regulation
Article 36 – paragraph 3 – point d
Article 36 – paragraph 3 – point d
(d) Articles 4, 6, 7, 8, 9, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 31 shall apply from 1 January 20265.
Amendment 544 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 4 – point 4.1 – paragraph 1
Annex III – point 4 – point 4.1 – paragraph 1
When actual emissions cannot be adequately determined by the authorised declarant, default values shall be used. These values shall be set at the average emission intensity of each exporting country and for each of the goods listed in Annex I other than electricity, increased by a mark-up, the latter to be determined in the implementing acts of this Regulation. When reliable data for the exporting country cannot be applied for a type of goods, the default values shall be based on the average emission intensity of the 10 per cent worst performing EU installations for that type of goods with a view to encouraging companies to provide data on actual embedded emissions.
Amendment 548 #
2021/0214(COD)
Proposal for a regulation
Annex V – Part 1 – paragraph 1 – point c
Annex V – Part 1 – paragraph 1 – point c
(c) installation visits by the verifier shall be mandatory except where specific criteria for waiving the installation visit are met;
Amendment 549 #
2021/0214(COD)
Proposal for a regulation
Annex I
Annex I
Aluminium Aluminium CN code Greenhouse gas 7601 – Unwrought Carbon dioxide aluminium and perfluorocarbons perfluorocarbons 7603 – Aluminium Carbon dioxide powders and flakes and perfluorocarbons perfluorocarbons 7604 – Aluminium Carbon dioxide bars, rods and and profiles perfluorocarbons 7605 – Aluminium Carbon dioxide wire and perfluorocarbons perfluorocarbons 7606 – Aluminium Carbon dioxide plates, sheets and and strip, of a thickness perfluorocarbons exceeding 0,2 mm 7607 – Aluminium Carbon dioxide foil (whether or not and printed or backed perfluorocarbons with paper, paper- board, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0,2 mm 7608 – Aluminium Carbon dioxide tubes and pipes and perfluorocarbons perfluorocarbons 7609 00 00 – Carbon dioxide Aluminium tube or and pipe fittings (for perfluorocarbons example, couplings, elbows, sleeves) 7610 - Aluminium Carbon dioxide structures and (excluding perfluorocarbon prefabricated s buildings of heading 9406) and parts of structures (for example, bridges and bridgesections, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, balustrades, pillars and columns); aluminium plates, rods, profiles, tubes and the like, prepared for use in structures: 7611 00 00 - Carbon dioxide Aluminium and reservoirs, tanks, perfluorocarbon vats and similar s containers, for any material (other than compressed or liquefied gas), of a capacity exceeding 300 litres, whether or not lined or heat- insulated, but not fitted with mechanical or thermal equipment 7612 - Aluminium Carbon dioxide casks, drums, cans, and boxes and similar perfluorocarbon containers s (including rigid or collapsible tubular containers), for any material (other than compressed or liquefied gas), of a capacity not exceeding 300 litres, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment: 7613 00 00 - Carbon dioxide Aluminium and containers for perfluorocarbon compressed or s liquefied gas 7614 - Stranded Carbon dioxide wire, cables, plaited and bands and the like, perfluorocarbon of aluminium, not s electrically insulated
Amendment 96 #
2021/0206(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to implement the commitments towards climate neutrality, the Union’s climate and energy legislation has been reviewed and amended in order to accelerate the greenhouse gas emissions reductions. Those amendments should be in line with the principles of the European Pillar of Social Rights, ensuring that everyone can fully benefit from the just transition and that no one is left behind. A new Social Climate Fund would contribute to protect and empower the most vulnerable households with a view to eradicating energy and mobility poverty across Europe.
Amendment 97 #
2021/0206(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 110 #
2021/0206(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Eradicating energy and mobility poverty across the Union is an essential part of the EU Green Deal’s objective of ensuring a just transition where no one is left behind. A wide range of EU funding instruments, including the Cohesion Funds, the Recovery and Resilience Facility, and revenues currently generated by the EU ETS, are available for Member States to invest in the deep renovation of buildings, the creation of quality green jobs as well as the development of the necessary skills for the green and digital transition, the decarbonisation of the transport sector and in greater access to public, shared soft mobility. A particular attention is required for the most disadvantaged groups as well as the households in situation of mobility and energy poverty to ensure that they actually benefit from the implementation of those funding instruments.
Amendment 112 #
2021/0206(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 121 #
2021/0206(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) High fossil gas prices causing extreme price spikes in certain Member States in the 2021/2022 heating season, aggravated by import dependencies and geopolitical tensions, have exposed once more the EU dependence on imported fossil gas for its industries and households, especially felt by the poorest of society. Investments in energy efficiency measures, as well as renewable energy based heating systems, including with electric heat pumps, heating and cooling at district level and participation in renewable energy communities, are hence the most cost-effective method of reducing import dependency and emissions while increasing EU resilience. Notably in the group of poorest households third party funding schemes are necessary to ensure compliances with the afore mentioned principles
Amendment 124 #
2021/0206(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The increase in the price for fossil fuels may disproportionally affect vulnerable households, vulnerable micro-EU Toolbox on Energy Prices 1a already provides the EU and its Member States with immediate emergency measures to support and protect households against the current increase of enterprises and vulnerable transport users who spend a larger part of their incomes on energy and transport, who, in certain regions, do not have accgy prices which is primarily due to a spike in fossil gas prices, including emergency income support, state aid for companies and targeted tax reductions. Ambitious climate action would allow the Union to cut its dependence on fossil fuels and to protect Union citizens from dependence on imported fossil fuels and the impact of fluctuating energy prices. The Social Climate Fund should come as a complement to those measuress to alternative, affordable mobility and transport solutions and who masupport Member States and aim at providing structural long-lasting solutions to eradicate energy and mobility poverty lackross the financial capacity to invest into the reduction of fossil fuel consumption. Union. _________________ 1a COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THER EGIONS Tackling rising energy prices: a toolbox for action and support, COM(2021)660 final)
Amendment 138 #
2021/0206(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 151 #
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 6.9% of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey32 . 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. Energy poverty is often caused by a combination of factors, including low household income, unequal access to quality and affordable services, poor energy efficiency of buildings and high energy prices. While social tariffs or direct income supportsubsidies for energy bills can provide immediate relief to households facing energy poverty, only targeted structural measures, in particular energy renovations, can provide lasting solutions. they are not an efficient, long-term solution to lift households out of energy poverty. On the contrary, they risk locking people further into energy poverty. Only targeted structural measures and investments aimed at ending the reliance on fossil fuels, in particular deep and staged deep building renovations, the application of the energy efficiency first principle, the installation of additional renewable energy sources, including through community-lead projects, as well as information and awareness-raising measures targeted at the households, can provide lasting solutions and effectively help combating energy poverty. _________________ 32 Data from 2018. Eurostat, SILC [ilc_mdes01]).
Amendment 166 #
2021/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) A Social Climate (‘the Fund’) should therefore be established to provide funds to the Member States to support their policies to address the social impacts of the emissions trading for buildings and road transport on vulnerable houseThe Union and its Member States will not be able to meet their climate and environmental objectives without properly addressing energy and mobility poverty. Yet there is currently no standard Union- level definitions of energy and mobility poverty across the Union, and only one third of Member States have adopted a national definition of energy poverty. As a result, no transparent and comparable data on energy and mobility poverty in the Union is currently available, hindering the possibility to effectively monitor progress at national level to eradicate energy and mobility poverty. A Social Climate Fund (‘the Fund’) shoulds, vulnerable micro-enterprises and vulnerable transport users therefore be established to support Member States in their efforts to eradicate energy and mobility poverty. This should be achieved notably through temporary income support andadaptive measures and investments with lasting impact intended to reduce reliance on fossil fuels through increased energy efficiency of buildings, decarbonisation of heating and coolfocusing particularly on those living in the worst performing of buildings, including the integration of energy from renewable so and in social housing, increased access to renewable energy for heating and cooling, as well as measurces, and granting improved access to zero- and low-emissionemission sustainable mobility and public transport to the benefit of vulnerable households, vulnerable micro-enterpin particular for those living in rural, insular and less accessible areas for the less developed regions and territorises and vulnerable transport user, including less developed peri- urban areas.
Amendment 196 #
2021/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) For that purpose, each Member State should submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans should pursue two objectives. Firstly, they should provide vulnerable households, vulnerable micro-enterprises and vulnerable transport users the necessary resources to finance and carry out investments in energy efficiency, decarbonisation of heating and cooling, in zero- and low-emission vehiclesidentify and map households in situation of energy and mobility poverty, and provide a detailed analysis, conducted together with the local and regional authorities, social partners and civil society, on the main causes of energy and mobility poverty in their respective territories. The Plans should also set targets for the progressive and effective eradication of energy and mobility poverty. Secondly, they should mitigate the impact of the increase in the cost of fossil fuels on the most vulnerable and thereby prevent energy and transpprovide households in energy poverty and people facing mobility poverty the necessary resources to finance and carry out investments in the deep renovation of buildings, in particular worst poverty during the transitioerforming buildings and social housing, in poweriod until such investments have been implementedng any residual demand for heating and cooling with renewable energy, and in zero-emission mobility. The Plans should mainly have an investment component promoting the long-term solutions of reducephasing out fossil fuels reliance and could envisage other measures, including temporary. Other measures such as direct income support to mitigate adverse income effects in the shorter termcould be envisaged but should be limited in time and conditioned to long-term investments with long lasting impacts.
Amendment 220 #
2021/0206(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Particular attention needs to be paid to vulnerable tenants who are significantly affected by the price impacts of heating costs or by higher rental prices following renovation, but are not in a position to renovate the building they occupy.
Amendment 227 #
2021/0206(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Member States, in consultation with regional, level authoritieocal, urban and other public authorities, civil society, economic and social partners, are best placed to design and to implement Plans that are adapted and targeted to their local, regional and national circumstances as their existing policies in the relevant areas and planned use of other relevant EU funds. In that manner, the broad diversity of situations, the specific knowledge of local and regional governments, of social and economic partners and the civil society, research and innovation and industrial relations and social dialogue structures, as well as national traditions, can best be respected and contribute to the effectiveness and efficiency of the overall support to the vulnerable.
Amendment 238 #
2021/0206(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 257 #
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 beAs an immediate relief, well targeted, temporary direct support for those in energy poverty and mobility poverty may contribute to reduce energy and mobility costs while waiting for more structural investments to take place. Such support should nevertheless be limited in time and understood to be a temporaryn adaptive measure accompanying the decarbonisstructural investments, such as the deep and staged deep renovation of the housbuildings and transport sectors. It would not be permanent as 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 productios well affordable access to zero-emission mobility solutions, as part of a holistic and long-term strategy to effectively eradicate energy and mobility poverty to be demonstrated by the Member States. Eligibility for such direct support should be targeted to people facing energy poverty and mobility poverty, with special attention to vulnerable women, such as single-mothers, women with disabilities and elderly women with low income, who are disproportionately affected by energy poverty and mobility poverty, due to different energy needs and mobility patterns. Such support should be in lin the scope of that Directive. Eligibility for such direct income support should be limited in time with the principle of additionality and should not replace national schemes already in place.
Amendment 264 #
2021/0206(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Respect for fundamental rights and compliance with the Charter of Fundamental Rights of the European Union, should be ensured throughout the preparation, evaluation, implementation and monitoring of eligible projects under the Fund. The Fund should contribute to eliminating inequalities, promoting gender equality and integrating the gender perspective, as well as combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation as set out in Article 2 of the Treaty on European Union (TEU), Article 10 TFEU and Article 21of the Charter of Fundamental Rights of the European Union. All stakeholders involved at all stages of implementation of the Facility should commit to promote equality, and in particular, ensure that the impact on women is taken into account, given that women are disproportionately impacted by the transition process.
Amendment 267 #
2021/0206(COD)
Proposal for a regulation
Recital 17 b (new)
Recital 17 b (new)
(17b) The Fund should be consistent with the Union's obligation under the UN Convention on the Rights of Persons with Disabilities and should not support any measure or investment that contributes to segregation or to social exclusion.
Amendment 268 #
2021/0206(COD)
(17c) The aim of the Fund should be aligned with the UN 2030 Agenda as well as the principles of the European Pillar of Social Rights in order to ensure a just transition, towards a greener, fairer and more inclusive Europe.
Amendment 270 #
2021/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Taking into account the importance of tackling climate changeclimate and environmental emergency in line with Paris Agreement commitments, and the commitment to the United Nations Sustainable Development Goals, the actions under this Regulation should contribute to the achievement of the target that at least 30% of all expenditure under the 2021- 2027 multiannual financial framework should be spent on mainstreaming climate objectives and should contribute to the ambition of providing 10% of annual spending to biodiversity objectives in 2026 and 2027, while considering the existing overlaps between climate and biodiversity goals. For this purpose, the methodology set out in Annex II of Regulation (EU) 2021/1060 of the European Parliament and of the Council33 should be used to tag the expenditures of the Fund. The Fund should support activities that fully respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning ofechnical screening criteria established by the Commission in accordance with Article 170(3) of Regulation (EU) 2020/852 of the European Parliament and of the Council34 . Only such measures for the relevandt investments should be included in the Plans. Direct income support measures should as a rule be considered as having an insignificant foreseeable impact on environmental objectives, and as such be considered compliant with the principle of ‘do no significant harm’. The Commission intends to issue technical guidance to the Member States well ahead of the preparation of the Plans. The guidance will explain how the measures and investments must comply with the principle of ‘do no significant harm’ within the meaning of Article 17 ofeligible under the Fund. Only such measures and investments should be included in the Plans. The Commission shall adopt a delegated act to specify eligibility criteria for those activities for which technical screening criteria have not yet been developed under Regulation (EU) 2020/852. The Commission intends to present in 2021 a proposal for a Council Recommendation on how to address the social aspects of the green transition. _________________ 33 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159). 34 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 281 #
2021/0206(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Women are particularly affected by carbon pricing as they represent 85% of single parent familiesdisproportionately affected by energy poverty and mobility poverty, in particular single mothers, who represent 85% of single parent families, as well as single women, women with disabilities, or elderly women living alone. Single parent families with dependent child have a particularly high risk of childenergy poverty. Gender equality and equal opportunities for all, and the mainstreaming of those objectives, as well as questions of accessibility for persons with disabilities should be taken into accountensured and promoted throughout the design, preparation and implementation of Plans to ensure no one is left behind.
Amendment 294 #
2021/0206(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Member States should submit theirprepare their Plans in close cooperation with the regional and local actors, economic and social partners and all the relevant stakeholders, in particular representatives from the civil society, while respecting the European Code of Conduct on Partnership, and submit these 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 . 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 313 #
2021/0206(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Union should support Member States with financial means to implement their Plans through the Social Climate Fund. PIn order to ensure the most efficient use of EU funds, payments from the Social Climate Fund should be made conditional on the achievement of the milestones and targets included in the Plans. This would allow efficiently taking into account national circumstances and priorities while simplifying financing and facilitating its integration as well as on the adoption by Member States of legally binding targets and measures for the phase out of all fossil fuels in a timeframe consistent with other national spending programmes while guaranteeing the impact and the integrity of EU spending. objective of limiting global warming to 1.5°C above pre- industrial levels, including the phase out of solid fossil fuels by 2030 at the latest and of fossil gas by 2040.
Amendment 326 #
2021/0206(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expectedannual revenues from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341 , Member States should make those revenues available to the Union budget as own resources. Member States are to finance 50% of the total costs of their Plan themselves. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia useauctioning of allowances from Chapter II and III of Directive 2003/87/EC as of the entry into force of this Regulation. Member States are to finance 50% of the total costs of their Plan themselves. The financing of the Fund should not come at their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purpose. _________________ 41 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1)nse of other Union programmes and policies.
Amendment 349 #
2021/0206(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The Fund should support measures that respect the principle of additionality of Union funding. The Fund should not be a substitute for recurring national expenditures, except in duly justified cases.
Amendment 355 #
2021/0206(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to ensure an efficient and coherent allocation of funds and to respect the principle of sound financial management, actions under this Regulation should be consistent with, come in addition to and be complementary to ongoing Union programme, national and, where appropriate, regional programmes, instruments and funds, whilst avoiding double funding fromand that the Fund andsubstitutes other Union programmes, instruments and funds, for the same expenditure. In particular, the Commission and the Member State should ensure, in all stages of the process, effective coordination in order to safeguard the consistency, coherence, complementarity and synergy among sources of funding. To that effect, Member States should be required to present the relevant information on existing or planned Union financing when submitting their plans to the Commission. Financial support under the Fund should be additional to the support provided under other Union programmes and instruments. Measures and investment financed under the Fund should be able to receive funding from other Union programmes and instruments provided that such support does not cover the same costs.
Amendment 358 #
2021/0206(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) To ensure that support under the Plans can be effectively implemented from the initial years starting from the entry into force of the Social Climate Fund, it should be possible for an amount of up to 13 % of the financial contribution of Member States to be paid in the form of pre-financing by the Commission.
Amendment 374 #
2021/0206(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
Amendment 390 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The measures and investments supported by the Fund shall directly benefit households, micro- in enterprises and transport users, which are vulnerable and particularly affected by the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC, especially households in energy poverty and citizens without public transport alternative to individual cars (in remote and rural areas)gy poverty and people facing mobility poverty, in particular households in energy poverty living in worst performing buildings or in social housing, as well as people living in rural, insular, mountainous, and remote areas, including peri-urban areas, with low or no access to basic services or public transport.
Amendment 404 #
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 theaccelerate the green transition towards a climate -neutrality by add, sustainable, non-toxic, resource-efficient, renewable energy- based, ressing the social impacts of the inclusion of greenhouse gas emissions from buildings and road transpolient and competitive circular economy in a just, equitable and inclusive way by 2050 at the latest , in line with the Union’s commitments under the Paris Agreement, the European Pillar of Social Rights and the UN Sustainable Development Goals, while leaving no one behind, and to contribute to eradicating energy and mobility poverty into the scope of Directive 2003/87/ECUnion and its Member States. The specific objective of the Fund is to support vulnerable households, vulnerable micro-contribute to eradicate enterprises and vulnerable transport users through temporary direct income support and through measures and investments intended to increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sourcegy and mobility poverty across the Union, through targeted measures and investments intended to phase out the reliance on fossil fuels, increase energy efficiency of buildings, combined with access to renewable energy sources for heating and cooling of buildings, and granting improved access to zero- and low-emission mobility and transportsustainable mobility solution and integrated mobility services.
Amendment 424 #
2021/0206(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
In line with these objectives, the Fund shall not provide any support to measures and investments which could prolong the reliance on fossil fuels or lead to carbon lock-in, while hampering or delaying the deployment of renewable energy sources.
Amendment 427 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deep 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, and the installation of on-site production of energy from renewable sources;deep building renovation, as defined in [Article 2(19) of recast EPBD]
Amendment 440 #
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 adequate, affordable, reliable, quality, safe and environmentally sound energy services that underpin a decent standard of living and health, including adequate warmth, cooling, lighting, and energy to power appliances, due to, inter alia, low quality housing, as well as low-levels incomes;
Amendment 461 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
Amendment 473 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Amendment 492 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘vulnerable transport users’ means transport users, including from lower middle-income households, that are significantly affected by the price impacts of the inclusion of road transport into the scope of Directive 2003/87/EC and lack the means to purchase zero- and low- emission vehicles or to switch to alternative sustainable modes of transport, including public transport, particularly in rural and remotemobility poverty' means a household unable to afford the necessary transport required to meet essential services as well as essential cultural and socio-economic needs, in particular quality employment and education and training, in a given context and which can be caused by one or the combination of the following factors: low-level incomes, high fuel expenditures and/or high costs of public transport, availability of mobility alternatives and their accessibility and location, travelled distances and transport practices, particularly in rural, insular, mountainous and remote areas, including peri-urban areas.
Amendment 505 #
2021/0206(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
Article 2 – paragraph 1 – point 13 a (new)
(13a) ‘worst performing buildings’ mean buildings below E energy performance rating, as defined in [Article 2(17) of Recast EPBD].
Amendment 508 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. EWithin 6 months upon the entry into force of this Regulation, each Member State shall submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to.The Plan shall be coherent and maximise synergies with the integrated national energy and climate plan of that Member State referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Articl. The Plan shall contain detailed mapping of households and individuals in situation of energy or mobility poverty, and an gender-sensitive analysis of the main causes of energy and mobility poverty in that Member State. The Plan shall also 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 and accelerating necessary measures to meet the cshort- and medium-term targets to eradicate energy and mobility poverty, and a coherent set of measures and investments at national, regional or local level to meet those targets, as a way to accelerate both the delivery of the Union energy and climate targets and of the objectives of the European Pillar of Social Rights. The Plan shall also indicate how additional revenues from the auctioning of allowances in respect of activities listed under Chapters II and III of Directive 2003/87/EC contribute to achieving the targets set out in the Plan. Member States shall apply the Partnership principle laid down in Article 8 of Regulation (EU) 2021/1060 at each stage of the preparation and implementation of the Plan. In order to facilimtate targets of the Union. he preparation of the Plan, the Commission shall publish guidance, including a template.
Amendment 525 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. TIn case Member States provide sufficient evidence that households in energy poverty and people facing mobility poverty may not enjoy the benefits of the measures and investments referred to in paragraph 3 within a maximum of three years after the adoption of the Plan, they may include national or subnational measures providing temporary direct income support to vulnerable households and households that are vulnerable transport users to reduce the imdirect support to households and people, provided that they demonstrate that such support is proportional and limited to three years, and is pacrt of the increase in the price of fossil fuels resulting from the inclusion of buildings and road transport into the scope of Directive 2003/87/ECa holistic strategy to lift those households and people out of energy and mobility poverty, with special attention to women and people living in remote and less accessible areas, including peri-urban areas, to help reducing immediate energy and mobility costs, by providing facilitated access to green energy efficient solutions and shared and integrated mobility services.
Amendment 541 #
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 project, regional or local projects or programmes to:
Amendment 545 #
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 coolingwith a lasting impact to decarbonise the identified building stock, prioritising demand-side measures and applying the energy efficiency first principle, starting with the deep or staged deep renovation of buildings, includingand the integrstallation of on-site and nearby facilities for energy production from renewable energy sources; to cater for residual energy needs, including for heating and cooling.
Amendment 556 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a a (new)
Article 3 – paragraph 3 – point a a (new)
(aa) provide financial and technical support to renewable energy communities and community-led local development projects in urban, peri-urban and rural areas, including locally owned energy systems, as well as the arrangements for engaging and building capacity at the local level;
Amendment 557 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a b (new)
Article 3 – paragraph 3 – point a b (new)
(ab) finance measures and investments to ensure access to decent, affordable and sustainable housing, including through the rehabilitation of abandoned buildings;
Amendment 558 #
2021/0206(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a c (new)
Article 3 – paragraph 3 – point a c (new)
(ac) finance measures addressing non- monetary barriers to improvements in the energy efficiency in buildings and uptake of renewable energy as well as barriers to accessing sustainable mobility and public transport services, in order to combat energy poverty and mobility poverty, these may include measures addressing administrative barriers and information deficit such as energy consultations and advice services, including at community level;
Amendment 560 #
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- emission mobility and transportwith a lasting impact to accelerate the shift towards zero-emission mobility, prioritising demand-side measures and applying the energy efficiency first principle, starting with measures and investments leading to a modal shift from private to public, shared and active mobility.
Amendment 575 #
2021/0206(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Access to justice 1. Member States shall ensure that, in accordance with their national legal system, members of the public concerned have access to a review procedure before a court of law or other independent and impartial body established by law with a view to challenging the substantive or procedural legality of decisions, acts or omissions subject to Articles 3-6, 8,10,14, 17 and 22 of this Regulation; or to Article 10 of Regulation (EU) 2018/1999 when one of the following conditions is met: (i) they have a sufficient interest; (ii) they claim the impairment of a right where administrative procedural law of a Member State requires such a right to be a precondition. 2. Member States shall determine the stage at which decisions, acts or omissions may be challenged. 3. Member States shall determine what constitutes a sufficient interest and impairment of a right, consistent with the objective of giving the public concerned wide access to justice. To that end, non governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed as having a sufficient interest or having rights capable of being impaired for the purpose of paragraph 1 of this Article. 4. This Article shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 5. Member States shall ensure that practical information is made easily available to the public on access to administrative and judicial review procedures.
Amendment 577 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) concrete measures and investments in accordance with Article 3 to reduce the effects referred to in point (c) of this paragraphand 6 to combat energy poverty and mobility poverty 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 in particular; (i) community led local development projects, planned use and arrangement to encourage and deliver integrated territorial development and community led local developments as well as the arrangements for engaging and building capacity at the local and territorial levels to engage in the transition; (ii) an overview of the non- financial barriers in the national context and a detailed description of measures to address the relevant non-financial barriers and estimated impact of the measures on the implementation of energy efficiency and transport measures;(iii) specific measures to enhance access to basic energy services, where relevant, based on the analysis provided in point (a a) new;
Amendment 579 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) a robust and detailed description on households in energy poverty to identify potential beneficiaries of measures outlined in Article 3 (3) a as well as those living in mobility poverty in the national context. The description for households in energy poverty shall include inter alia (i) people at risk of poverty or social exclusion, households living in energy poverty, (ii) households that lack access to basic energy services, and in particular households that are not physically connected to the grids and who face disconnections due to inability to pay (iii) households living in worst performing buildings or if such data is not or only partially available, household living in buildings constructed before 1960;
Amendment 582 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(ab) national targets broken down into biannual sub-targets to reduce the number of households in energy and mobility poverty and emission reduction targets over the duration of the plan based on the analysis provided in point (a a) new;
Amendment 584 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) concrete accompanying measures and reforms that are 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; including: i) measures aimed at ensuring that building renovations do not result in evictions or indirect evictions through rent increases of vulnerable people, including conditioning any financial support or fiscal incentives on the obligation for the landlord to maintain the rental agreement for a period of at least 10 years and keep the costs of the rent at the same level as prior to the renovation, except in case of any exemptions and indexations foreseen in national rental law; ii) measures aimed at addressing the problem of split-incentives between home- owners and tenants, while strengthening the protection and safeguards of tenants and promoting the right to decent, affordable and sustainable housing;
Amendment 592 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) an estimate of the likely effects of that increase in prices on households, and in particular on inThese impacts are to be analysed with a sufficidence of energy poverty, on micro-enterprises and on transport users, comprising in particular an estimate and the identification of vulnerable households, vulnerable micro- enterprises and vulnerable transport users; these impacts are to be analysed with a sufficient level of regional disaggregation, taking into account elements such as access to public transport and basic servicet gender disaggregated data and gender-sensitive information, a sufficient level of regional disaggregation, taking into account elements such as access to decent, adequate, safe, accessible, affordable and healthy housing, to public transport and essential services as well as cultural and socio-economic needs and identifying the areas mostly affected, particularly territories which are remote, insular and rural or less accessible, including peri-urban areas;
Amendment 601 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) a gender impact assessment and an explanation of how the measures and investments contained in the Plan take into account the objectives to contribute to gender equality and equal opportunities for all and the mainstreaming of those objectives, in line with principles 2 and 3 of the European Pillar of Social Rights, with the UN Sustainable Development Goal 5 and, where relevant, with the national gender equality strategy;
Amendment 604 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) where the Plan provides for measures referred to in Article 3(2), the criteria for the identification of eligible final recipients, the indication of the envisaged time limit for the measures in question with a maximum of three years, and their justification on the basis of a quantitative estimate and a qualitative explanation of how the measures in the Plan are expected to reduce energy and transport poverty and the vulnerability of households, micro-enterprises and transport users to an increase of road transport and heating fuel prprovide a necessary and proportionate immediate relief for households in energy poverty and people facing mobility poverty as part of a holistic strategy to effectively lift those households and people out of energy and mobility poverty through more structural investments on the short to medium term, in particular deep and staged deep renovation of buildings, the phase out the reliance on fossil fuel energy for heating and cooling, as well as access to zero-emission mobility services;
Amendment 615 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) envisaged milestones, and targets to eradicate energy and mobility poverty, and an indicative timetable for the implementation of the measures and investments to be completed by 31 July 2032each biennial integrated national energy and climate progress report pursuant to Article 23, and at the end of each multiannual financial framework, that is, by 31 December 2027 and by 31 July 2035 respectively;
Amendment 634 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) the arrangements for the effective monitoring and implementation of the Plan by the Member State concernedand regional and local authorities concerned, including the involvement of economic and social partners and civil society in the process, in particular of the proposed milestones and targets, including indicators for the implementation of measures and investments, which, where relevant, shall be those available with the Statistical office of the European Union European Statistical Office and the European Energy Poverty Observatory as identified by Commission Recommendation 2020/156354 on energy poverty; _________________ 54 OJ L 357, 27.10.2020, p. 35.
Amendment 637 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
(j) for the preparation and, where available, for the implementation of the Plan, a detailed description summary of the consultation process, conducted in accordance with Article 10 of Regulation (EU) 2018/1999 and Article 8 of Regulation(EU) 2021/1060 and with the national legal framework, of local and regional authorities, social partners, civil society organisations, youth organisations and other relevant stakeholders, and how the input of the stakeholders is reflected in the Plan as well at their specific roles for the design, implementation and monitoring;
Amendment 646 #
2021/0206(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. WThen preparing their Plans, Member States may request the Commission to organis Commission shall set up a platform to actively promote the exchange of good practices among all stakeholders and communities concerned by the implementation of the Fund as well as to provide guidance to enable and exchancourage the capacity buildinge of good practices. Member Statestakeholders to participate in the development and implementation of the Fund. Member States and the stakeholders involved in the preparation of the Plans may also request technical support under the ELENA facility, established by an Agreement of the Commission with the European Investment Bank in 2009, or under the Technical Support Instrument established by Regulation (EU) 2021/240 of the European Parliament and of the Council58 . _________________ 58 Regulation (EU) 2021/240 of the European Parliament and of the Council of 10 February 2021 establishing a Technical Support Instrument (OJ L 57, 18.2.2021, p. 1).
Amendment 647 #
2021/0206(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Biennial progress reports 1. In the context of the biennial integrated national energy and climate progress reports referred to in Article17 of Regulation (EU) 2018/1999, Member States shall report on the number of households in situation of energy and transport poverty, and on progress towards the milestones and targets referred to in point (e) of Article 4(2). 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 25 to supplement this Regulation in order to set out the structure, format and technical details of this reporting.
Amendment 651 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Amendment 657 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) deep and staged deep building renovation;
Amendment 658 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b a (new)
Article 5 – paragraph 2 – point b a (new)
(ba) development and use of renewable energy sources including through renewable energy communities;
Amendment 660 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) zero- and low-emission mobility and transportintegrated mobility services;
Amendment 671 #
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, especially households in energy poverty, of vulnerable micro-enterprises and of vulnerable transport usershouseholds in energy poverty and people facing mobility poverty, including in rural and remote areas., disaggregated per gender;
Amendment 680 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point e a (new)
Article 5 – paragraph 2 – point e a (new)
(ea) creation of sustainable, safe, quality jobs.
Amendment 697 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The Social Climate Fund shall not support measures and investments excluded under Article 9 of Regulation (EU) 2021/1056.
Amendment 699 #
2021/0206(COD)
Proposal for a regulation
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. The activities financed by the Social Climate Fund should be conditional to decent wages and decent working conditions - including for health and Safety aspects and direct employment contracts, adequate trade union representation, social dialogue and collective bargaining rights. Any activity financed by the fund shall therefore respect applicable collective agreements as well as social labour law at national and EU levels and ILO conventions.
Amendment 703 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In case 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 and be limited to the direct impact of the emission trading for buildings and road transport. Eligibility for such direct income support shall cease within the time limits identified under Article 4(1) point (d). provide sufficient evidence that households in energy poverty and people facing mobility poverty may not enjoy the benefits of the measures and investments referred to in paragraph 2 within a maximum of three years after the adoption of the Plan, they may include the costs of measures providing temporary and proportionate direct support, strictly limited to households affected by energy poverty and people facing mobility poverty by improving access to affordable clean energy efficiency solutions and to sustainable mobility and public transport. Such support shall be limited to three years and conditioned to additional structural investments with long lasting impacts provided in the Plan to effectively lift those households and people out of energy and mobility poverty. Direct support should not exceed 20% of the total estimated costs of the plan.
Amendment 715 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Member States may include the costs of the following measures and investmenstructural investments with lasting impacts in the estimated total costs of the Plans, provided they principally benefit vulnerable households, vulnerable micro-households in enterprises or vulnerable transport usersgy poverty and people facing mobility poverty and intend to:
Amendment 730 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) support deep and staged deep building renovations, especially for those occupying worst- performing buildings, in privately-owned homes or in social housing, including in the form of financial support or fiscal incentives such as deductibility of renovation costs from the rent, independently of the ownership of the buildings concerned;
Amendment 735 #
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, buildingsachieving a climate- neutral building stock, including energy- efficient electrification, from additional renewable energy sources of heating and cooling of, and cooking in, buildings and support the installations of on-site and nearby production and distribution and the integration of energy from additional renewable sources including through citizen energy communities and peer-to- peer energy sharing, to power any residual demand and that contribute to the achievements of energy savings;
Amendment 746 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) provide households with tailored advice and information about energy savings and consumer rights, renewable energy technologies and participation and consumer rights, as well as about sustainable and affordable mobility and transport alternatives, including via tailored mobility management services, tailored energy consultations or other type of personalised support aimed at addressing energy and mobility poverty;
Amendment 749 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b b (new)
Article 6 – paragraph 2 – point b b (new)
(bb) support the rehabilitation of abandoned buildings and spaces to increase access to affordable and sustainable housing, while increasing the energy efficiency of the buildings;
Amendment 754 #
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 particular social housing providers, in developing and providing affordable energy efficiency renovation solutions and appropriate funding instruments in line with the social goals of the Fund;
Amendment 758 #
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 bikesinvestments aimed at accelerating the modal shift from private individual vehicles towards fostering a zero-emission sustainable mobility, including financial support for fiscal incentives for their purchase as well as for appropriate public and private infrastructure, including for recharging and refuelling; for support concerning low-emission vehicles, a timetable for gradually reducing the support shall be providedthe creation and development of cycling routes and of integrated mobility services, and for the purchase of bikes; in case Member States include measures to support access to zero-emission vehicles, they shall demonstrate that the beneficiaries of such support cannot have access to other means of transport or mobility services;
Amendment 774 #
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 sustainablezero- emission mobility on demand and shared mobility services, especially in rural, insular, mountainous, remote and less accessible areas or for less developed regions or territories, including less developed peri-urban areas;
Amendment 787 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f a (new)
Article 6 – paragraph 2 – point f a (new)
Amendment 792 #
2021/0206(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point f b (new)
Article 6 – paragraph 2 – point f b (new)
Amendment 802 #
2021/0206(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Fund shall not support, and the estimated total costs of Plans shall not include measures in the form of direct income support pursuant to Article 3(2) of this Regulation for households already benefiting:
Amendment 809 #
2021/0206(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 816 #
2021/0206(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Pass-on of benefits to households, micro- enterprises and transport users
Amendment 817 #
2021/0206(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States may include into the estimated total costs financial support provided to public or private entities other than vulnerable households, vulnerable micro-households in enterprises and vulnerable transport usesgy poverty and people facing mobility poverty, if those entities carry out measures and investments ultimately benefitting vulnerable households, vulnerable micro-enterprises and vulnerable transport userson their behalf and which ultimately directly benefit those households and people.
Amendment 824 #
2021/0206(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Member States shall provide for the necessary statutory and contractual safeguards to ensure that the entire benefit is passed on to the households, micro- enterprises and transport users. The Commission shall issue guidance on minimum principles and safeguards and promote best practices.
Amendment 830 #
2021/0206(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Fund for the period 20254-2027 shall be EUR 23 7at least EUR 48 500 000 000 in current prices.
Amendment 844 #
2021/0206(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The financial envelope for the implementation of the Fund for the period 2028-2032 shall be EUR 48 500 000 000 in current prices, subject to the availability of the amounts under the annual ceilings of the applicable multiannual financial framework referred to in Article 312 TFEUas of 2028 shall be determined during the negotiations of the next multiannual financial framework, but shall not be set at a level lower than EUR 48 500 000 000.
Amendment 857 #
2021/0206(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The amounts referred to in paragraphs 1 and 2 may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities which are required for the management of the Fund and the achievement of its objectives, in particular studies, meetings of experts, consultation of stakeholders, information and communication actions, including inclusive outreach actions, and corporate communication of the political priorities of the Union, insoin so far as they are related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, corporate information technology tools, and all other technical and administrative assistance expenses incurred by the Commission for the management of the Fund. Expenses may also cover the costs of other supporting activities such as quality control and monitoring of projects on the ground and the costs of peer counselling and experts for the assessment and implementation of the eligible actions.
Amendment 864 #
2021/0206(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 897 #
2021/0206(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 924 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
Article 15 – paragraph 2 – point a – point i
(i) whether the Plan represents an adequate and effective response to the social impact on and challenges faced by vulnerable households, vulnerable micro-households in enterprises and vulnerable transport users in the Member State concerned from establishing the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/ECgy and mobility poverty in the Member State, especially households in energy poverty, duly taking into account the challenges identified in the assessments of the Commission of the update of the concerned Member State’s integrated national energy and climate plan and of its progress pursuant to Article 9(3), and Articles 13 and 29 of Regulation (EU) 2018/1999, as well as in the Commission recommendations to Member States issued pursuant to Article 34 of Regulation (EU) 2018/1999 in view of the Union’s 2030 climate and energy targets and the long- term objective of climate neutrality in the Union by 2050. This shall take into account the specific challenges and the financial allocation of the Member State concerned;
Amendment 946 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point iii
Article 15 – paragraph 2 – point a – point iii
(iii) whether the Plan contains measures and investments that contribute to the green transition, including to addressing the challenges resulting therefrom and in particular to the achievement of the 2030 and 2050 climate and energy objectives of the Union and the 2030 milestones of the Mobility Strategy.
Amendment 948 #
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)
(iiia) whether the Plan has been prepared and developed through the meaningful and inclusive participation of all relevant stakeholders in compliance with Article 10 of Regulation (EU)2018/1999 and Article 8 of Regulation (EU) 2021/1060;
Amendment 949 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a – point iii b (new)
Article 15 – paragraph 2 – point a – point iii b (new)
(iiib) whether the Plan contains a gender impact analysis and an explanation of how the measures and investments contained in the Plan are expected to address the gender dimension of energy poverty and mobility poverty and ensure a gender-balanced impact, while contributing to the mainstreaming of gender equality, in line with the national gender equality strategy, the European Pillar of Social Rights and the UN Sustainable Development Goals;
Amendment 969 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
(d) For the purpose of assessing coherence, the Commission shall take into account whether the Plan contains measures and investments that represent coherent actions.the following criteria:
Amendment 972 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d – point i (new)
Article 15 – paragraph 2 – point d – point i (new)
i) whether the Plan contains measures and investments that represent coherent actions.
Amendment 973 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d – point ii (new)
Article 15 – paragraph 2 – point d – point ii (new)
ii) how the measures and investments contained in the Plan interact with existing policies and financing programmes;
Amendment 974 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d – point iii (new)
Article 15 – paragraph 2 – point d – point iii (new)
iii) 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 and 2050 targets and commitments to achieve the UN sustainable development goals as well as the objectives of the European Pillar of Social Rights;
Amendment 975 #
2021/0206(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d – point iv (new)
Article 15 – paragraph 2 – point d – point iv (new)
iv) whether the measures and investments are accompanied by complementary measures required to effectively address energy poverty and mobility poverty.
Amendment 988 #
2021/0206(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where a Social Climate Plan, including relevant milestones and targets, is no longer achievable, either in whole or in part, by the Member State concerned because of objective circumstances, in particular because of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/87/EC, the Member State concerned may submit to the Commission an amendment of its Plan to include the necessary and duly justified changes. Member States may request technical support for the preparation of such request.
Amendment 996 #
2021/0206(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. By 15 March 2027 each Member State concerned shall assess the appropriateness of its Plans in view of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/087/ECobjective to eradicate energy poverty and mobility poverty, while meeting the Union energy and climate targets. Those assessments shall be submitted to the Commission as part of the biennial progress reporting pursuant to Article 17 of Regulation (EU) 2018/1999.
Amendment 1004 #
2021/0206(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. After the Commission has adopted a decision as referred to in Article 16, it shall in due time conclude an agreement with the Member State concerned constituting an individual legal commitment within the meaning of Regulation (EU, Euratom) 2018/1046 covering the period 2025-2027. That agreement may be concluded at the earliest one year befrom the entry into force the year of the start of the aucof this Regulations under Chapter IVa of Directive 2003/87/ECtil 2027.
Amendment 1040 #
2021/0206(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point a
Article 21 – paragraph 1 – point a
(a) ensure complementarity, synergy, coherence and consistency among different instruments at Union, national and, where appropriate, region, regional and local levels, both in the planning phase and during implementation;
Amendment 1043 #
2021/0206(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point c
Article 21 – paragraph 1 – point c
(c) ensure close cooperation between those responsible for implementation and control at Union, national and, where appropriate, region, regional and local levels to achieve the objectives of the Fund.
Amendment 1049 #
2021/0206(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 1056 #
2021/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) detailed quantitative information as well as disaggregated data on the number of households in energy poverty and users effected by mobility poverty and changes compared to the last report using the definition proposed in their plan;
Amendment 1064 #
2021/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) detailed information on the results of the measures and investments, included in its Plan, in particular as regards the emission reduction achieved and the number of people benefitting from the measures by gender and age group;
Amendment 1068 #
2021/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point f
Article 23 – paragraph 1 – point f
(f) in 2027, an assessment of the Plan referred to in Article 17(5) in view of the actual direct effects of the emission trading system for buildings and road transport established pursuant to Chapter IVa of Directive 2003/087/EC;
Amendment 1084 #
2021/0206(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. By 31 July 20286, the Commission shall provide the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions with an evaluation report on the implementation and functioning of the Fund until that date, taking into account in particular the results of the first reports submitted by the Member States according to Article 23.
Amendment 1094 #
2021/0206(COD)
3. The evaluation report shall, in particular, assess to which extent the objectives of the Fund laid down in Article 1 have been achieved, the efficiency of the use of the resources and the Union added value. It shall consider the continued relevance of all objectives and actions set out in Article 6 in light of the impact on greenhouse gas emissions from the emission trading system for buildings and road transport pursuant to Chapter IVa of Directive 2003/87/EC and from the national measures taken to meet the binding annual greenhouse gas emission reductions by Member States pursuant to Regulation (EU) 2018/842 of the European Parliament and of the Council63 . It shall also consider the continued relevance of the financial envelope of the Fund in relation to possible developments concerning the auctioning of allowances under the emission trading system for buildings and road transport pursuant to Chapter IVa of Directive 2003/87/EC and other relevant considerations. _________________ 63 Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and ameevolution of the situation of energy and mobility poverty across the Union as reported by Member States pursuant to Article 4a, the updated integrated national energy and climate plans submitted in accordance with Article 14 of Regulation (EU) 2018/1999 and progress towards the implementation of the objectives of the EU Pillar of Social Rights. It shall also consider the continued relevance of the financial envelope of the Fund ing Regu relation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26-42)to those developments.
Amendment 1104 #
2021/0206(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 1111 #
2021/0206(COD)
Proposal for a regulation
Annex I – paragraph 2 – indent 6
Annex I – paragraph 2 – indent 6
Amendment 1112 #
2021/0206(COD)
Amendment 6 #
2020/2260(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that EU trade policy hascan play a major role to play in the transition towards more sustainable agri-food systems, in line with the Paris Agreement and the European Green Deal; expects the ongoing Trade Policy Review to give the highest priority to anchoring EU trade policy into the European Green Deal Objectives;
Amendment 12 #
2020/2260(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes with concern that research continues to affirm a worrying link between zoonotic diseases, such as COVID-19, and deforestation, climate change and biodiversity loss; Notes also with concern that commercial export- oriented agriculture remains a major driver of global deforestation; underlines the importance of measures ensuring that demand is in line with sustainability goals, as the EU is a significant importer of commodities associated with deforestation, such as soy, palm oil, eucalyptus, rubber, maize, beef, leather and cocoa;
Amendment 18 #
2020/2260(INI)
1b. Regrets that the strategy does not address the potential inconsistencies between its goals and the trade agreements currently negotiated by the EU; proposes that the Commission takes the objectives of its farm to fork strategy as a reference in its ongoing and future trade negotiations in order to ensure that wellbeing of people and the natural environment is secured;
Amendment 24 #
2020/2260(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the EU internal market is the world’s biggest importer and exporter of agri-food products; is convinced that the EU should use this position to set the benchmark in terms of standards for sustainable food systems, based on the precautionary principle, environmental protection and animal welfare as well as respect of labour rights; further considers that protection of standards in these areas should be enshrined throughout trade agreement provisions and should not be considered as a technical barrier to trade;
Amendment 58 #
2020/2260(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that sustainable production, including a phase out of chemical pesticides, should become a key characteristic of EU agri-food products, expanding the concept of quality to social and environmental aspects;
Amendment 64 #
2020/2260(INI)
Draft opinion
Paragraph 3 – point a (new)
Paragraph 3 – point a (new)
(a) Welcomes the Commission’s commitment to promote the global phase- out of pesticides no longer approved in the EU and its commitment to ensure that hazardous pesticides banned for use in the EU are not exported outside the EU; urges the Commission to present a legislative proposal to that end as soon as possible; welcomes the Commission’s announcement to review import tolerances for substances meeting the „cut-off-criteria“, and urges the Commission to implement a zero- tolerance policy towards residues of those substances; encourages the Commission to also require that standards are applied that prevent contamination of workers and residents from pesticide use;
Amendment 71 #
2020/2260(INI)
4. Calls on the Commission to pursue the objectives of the Farm to Fork Strategy through the development of Green Alliances in all relevant forums, including the UN Food Systems Summit 2021; considers that EU should seek to ensure that the 2021 Summit builds on the voices of smallholder women food producers and family farming; equally considers that EU should reconfirm the mandate of the Committee on World Food Security as the foremost inclusive international and intergovernmental policy platform on food security and nutrition;
Amendment 85 #
2020/2260(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. EWelcomes the ambition of the Farm to Fork Strategy to ensure ambitious and fully enforceable sustainable development chapters in all EU bilateral trade agreements; emphasises the importance of strengthening enforceableility of Trade and Sustainable Development chapters in trade agreements to promote biodiversity, animal welfare, raise labour standards, foster more sustainable agri-food production and stop EU-driven global deforestation; points out that the enforceability of the trade and sustainable development chapters could be significantly improved through various enforcement methods, including a sanctions-based mechanism as a last resort; calls for “trade and sustainable development” chapters to include roadmaps with milestones subject to ex- post Sustainability Impact Assessments and that the lowering of (non)tariff barriers be made conditional thereon; expects the Chief Trade Enforcement Officer to fully play its role in strengthening enforcement of TSD chapters, in particular by ensuring appropriate follow up of civil society complaints regarding human rights, environmental concerns and animal welfare concerns; urges support for developing countries to promote food security and alignment with European standards for sustainability;
Amendment 101 #
2020/2260(INI)
Draft opinion
Paragraph 5 – point a (new)
Paragraph 5 – point a (new)
(a) Notes that Trade and Sustainable Development chapters do not address the potential negative impacts of Trade agreements on land use change, deforestation or climate change; considers that European and international environmental, safety, animal welfare and social standards should apply comprehensively in all chapters in trade agreements, in order to preclude any other trade provisions from undermining these standards;
Amendment 103 #
2020/2260(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is convinced that legislation for mandatory EU-level horizontal due diligence throughout the supply chain for EU and foreign companies operating within the single market is necessary to achieve the SDGs, to promote good governance, to increase traceability and accountability in global supply chains;
Amendment 107 #
2020/2260(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for better traceability of ingredients and products within the whole food chain, which would help to combat fraud and prevent contaminated products from reaching consumers; calls for greater attention to controls on imported goods from third countries and their compliance with EU standards on food and feed safety;
Amendment 109 #
2020/2260(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Notes the ambition of the farm to fork strategy that imported products must continue to comply with relevant EU regulations and standards; notes that EU rules currently do not apply to all imported goods; asks the Commission to raise the ambition by ensuring that products imported to the EU fully meet relevant EU regulations and standards, in particular in the field of animal welfare, the use of pesticides and the fight against antimicrobial resistance; stresses the importance to provide development assistance and support primary producers from developing countries to meet those standards when they export to Europe; calls for a monitoring method that ensures compliance;
Amendment 111 #
2020/2260(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Recalls its demands to the Commission on the EU legal framework to halt and reverse EU-driven global deforestation, in particular its call to develop strong legislation on forest risk commodities such as soy, palm oil, rubber, maize, beef, leather and cocoa; Asks that the F2F strategy ensures that all products placed on the EU market are free from deforestation and human rights violations; insists that no trade agreement leading to deforestation should be negotiated by the Commission; stresses the importance of the EU in supporting policies that promote community-based forest management and equitable access of small forest holders to local, regional and global markets;
Amendment 121 #
2020/2260(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses theNotes the potential risk of putting the EU agri-food sector at a competitive disadvantage in the absence of global convergence of standards, and of leading to increased costs for consumers; calls on the Commission to present a comprehensive impact assessment of the targets envisaged in the Strategy, as well as proportionate measures to maintain the competitiveness of the EU agri-food sector and ensure reciprocity of standards; recalls that impact assessments are an integral part of EU rule making process and that economic effects are taken into account;
Amendment 149 #
2020/2260(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the proposed new initiative on climate and trade at the WTO and urges the Commission to continue to develop an ambitious, WTO-compatible sustainable trade policy. considers that some of the current WTO rules are an obstacle to the fostering of the ecological transition; underlines that unfair competition from third countries with lower environmental and social standards is a major hindrance to farmers’ acceptance of new ecological measures; calls on the Commission to engage proactively in reforming WTO rules with a view to ensure trade policy coherence with the SDGs;
Amendment 151 #
2020/2260(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Supports international cooperation on food research and innovation in important areas such as climate change adaptation and mitigation, agro-ecology, sustainable landscape management and land governance, resilience, inclusive and fair value chains, and prevention of and response to food crises; emphasises in particular 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; recommends that cooperation should also focus on smallholder farmers and small-scale food producers, as these would benefit most from such cooperation;
Amendment 158 #
2020/2260(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Welcomes the zero tolerance approach in the fight against illegal, unreported and unregulated fishing; recalls that traceability of supply chains is key to be successful in this fight; underlines that seafood traceability benefits EU consumers as well as third countries;
Amendment 160 #
2020/2260(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Recommends that trade agreements only grant further trade preferences for animal-based products upon the condition that they respect all EU relevant animal welfare standards, including standards currently not applied to imported products; stresses the need to allocate sufficient resources to the implementation of provisions on animal welfare cooperation and to always include strong and enforceable animal welfare provisions in trade agreements.
Amendment 16 #
2020/0262(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) In the workplace, workers and other persons are often exposed to a cocktail of substances, which can increase health risks, cause adverse effects on their reproductive systems and cause impaired fertility or infertility, and have a negative impact on foetal development and lactation. Substances which are toxic to reproduction are of very high concern and the organisation of workplace prevention should apply the same approach as for carcinogens and mutagens. As not all reprotoxic substances are threshold substances, it is of utmost importance to enlarge the scope of Directive 2004/37/EC to reprotoxic substances in order to bring it in line with Regulation (EC) No 1907/2006 of the European Parliament and of the Council1a. This is necessary to better protect workers and their children and to ensure the safe participation of all workers in the workplace, in particular female workers who are pregnant or breastfeeding. In Regulation (EC) No 1907/2006, half of the 211 substances identified as substances of very high concern are reprotoxic substances. As is the case in some Member States, the organisation of workplace prevention should therefore apply the same approach to carcinogens, mutagens and reprotoxic substances, thus ensuring legal coherence and a level playing field across Member States.. ____________________ 1aRegulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 19 #
2020/0262(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Principle 10 of the European Pillar of Social Rights46 , jointly proclaimed by the European Parliament, the Council and the Commission at the Social Summit for Fair Jobs and Growth on 17 November 2017, provides workers’ right to a high level of protection of their health and safety at work, which includes the protection from the exposure to carcinogens and mutagen, mutagens and reprotoxic substances at the workplace. __________________ 46European Pillar of Social Rights, November 2017, available at : https://ec.europa.eu/commission/sites/beta- political/files/social-summit-european- pillar-social-rights-booklet_en.pdf
Amendment 21 #
2020/0262(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Following the amendments to Annex III to Directive 2004/37/EC, as set out in this Directive, further limit values for additional substances or group of substances and processes should be introduced by end of 2024. Between 50 and 70 substances or group of substances have been identified by different agencies, stakeholders, and the World Health Organization in priority lists of workplace carcinogens, mutagens and reprotoxic substances for which binding limit values are needed. The Commission should, no later than the end of 2021, put forward an action plan to achieve occupational exposure limits for at least 25 additional substances or group of substances or process generated substances. The additional substances or group of substances referred to in Annex III to Directive 2004/37/EC should include but not be limited to substances and processes such as welding fumes, asphalt fumes, leather dust, Poly Aromatic Hydrocarbons (PAHs), 1-4dioxane, isoprene. Reprotoxic substances should include lead and lead compounds, Bisphenol-A, Carbon Monoxide, Mercury and divalent inorganic mercury compounds, N-methyl- 2-pyrrolidone, N,N-Dimethylacetamide, Nitrobenzene, N,N Dimethylformamide, 2-Methoxy ethanol, 2-Methoxyethyl acetate, 2-Ethoxyethanol, 2-Ethoxyethyl acetate, di(2-ethylhexyl)phthalate, benzyl butyl phthalate and dibutyl phthalate.
Amendment 25 #
2020/0262(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Binding occupational exposure limit values are important component of the general arrangements for the protection of workers established by Directive 2004/37/EC and must not be exceeded. Limit values and other directly related provisions should be established for all those carcinogens or, mutagens and reprotoxic substances for which the available information, including scientific and technical data, make this possible.
Amendment 27 #
2020/0262(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Compliance with binding occupational exposure limit values is without prejudice to other employers’ obligations pursuant to Directive 2004/37/EC, such as the reduction of the use of carcinogens and mutagen, mutagens and reprotoxic substances at the workplace, the prevention or reduction of workers’ exposure to carcinogens or mutagen, mutagens or reprotoxic substances and the measures which should be implemented to that effect. Those measures should include, as far as it is technically possible, the replacement of the carcinogen or, mutagen and reprotoxic substance by a substance, mixture or process which is not dangerous or is less dangerous to workers’ health, the use of a closed system or other measures aiming to reduce the level of workers’ exposure.
Amendment 38 #
2020/0262(COD)
Proposal for a directive
Recital 5
Recital 5
(5) This Directive strengthens the protection of workers’ health and safety at their workplace. New limit values should be set out in Directive 2004/37/EC in the light ofusing a risk-based methodology. All available information should be considered, including new scientific and technical data and should also be based on, a thorough assessment of the socioeconomic impact and the availability of exposure measurement protocols and techniques at the workplace. That information should, if possible, include data on residual risks to the health of workers, opinions of the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA), as well as opinions of the Advisory Committee on Safety and Health at Work (ACSH). Information related to residual risk, made publicly available at Union level, is valuable for any future work to limit risks from occupational exposure to carcinogens and mutagens.
Amendment 39 #
2020/0262(COD)
Proposal for a directive
Recital 5
Recital 5
(5) This Directive strengthens the protection of workers’ health and safety at their workplace. New limit values should be set out in Directive 2004/37/EC in the light of available information, including new scientific and technical data and should also be based on a thorough assessment of the socioeconomic impact and availability of exposure measurement protocols and techniques at the workplace. That information should, if possible, include data on residual risks to the health of workers, opinions of the Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA), as well as opinions of the Advisory Committee on Safety and Health at Work (ACSH). Information related to residual risk, made publicly available at Union level, is valuable for any future work to limit risks from occupational exposure to carcinogens and mutagen, mutagens and reprotoxic substances.
Amendment 40 #
2020/0262(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In accordance with the recommendations of the RAC and the ACSH, where possible, limit values for the inhalation route of exposure are established in relation to a reference period of eight hours time-weighted average (long-term exposure limit values) and, for certain carcinogens or, mutagens and reprotoxic substances to a shorter reference period, in general fifteen minutes time-weighted average (short-term exposure limit values), in order to limit, to the extent possible, the effects arising from short-term exposure.
Amendment 41 #
2020/0262(COD)
Proposal for a directive
Recital 7
Recital 7
(7) It is also necessary to consider other absorption pathways other than inhalation of all carcinogens and mutagen, mutagens and reprotoxic substances, including the possibility of uptake through the skin, in order to ensure the best possible level of protection.
Amendment 42 #
2020/0262(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In the workplace, workers are often exposed to a cocktail of hazardous substances, which can increase risks and cause adverse health effects. In the case of exposure to a combination of substances acting by the same mode of action or at the same target cell or tissue, it is necessary to adapt the implementation of their possible limit values to take into account the combined effects.
Amendment 52 #
2020/0262(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Benzene meets the criteria for classification as carcinogenic (category 1A) in accordance with Regulation (EC) No 1272/2008 and is therefore carcinogen within the meaning of Directive 2004/37/EC. Benzene can also be absorbed through the skin. The limit value set out in Annex III to Directive 2004/37/EC for benzene should be revised in the light of more recent scientific data no later than 1 January 2030 in accordance with the ACSH opinion and it is appropriate to keep the skin notation. The ACSH, based on the RAC opinion, also agreed on the usefulness of the biomonitoring for benzene. This should be considered when developing guidance on the practical use of biomonitoring.
Amendment 55 #
2020/0262(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Cobalt and cobalt compounds meet the criteria for classification as carcinogenic (category 1B) in accordance with Regulation (EC) No 1272/2008 and are therefore carcinogens within the meaning of Directive 2004/37/EC. It is possible, on the basis of the available information, including scientific and technical data, to set limit values for that group of carcinogens. Exposure to cobalt and cobalt compounds at workplaces may also result in dermal sensitisation and sensitisation of the respiratory tract. It is therefore appropriate to establish two limit values for both the inhalable and respirable fractions of cobalt and its compounds under the scope of Directive 2004/37/EC and to assign a notation for dermal and respiratory sensitisation.
Amendment 57 #
2020/0262(COD)
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
(14b) Hazardous Medicinal Products can cause adverse health effects, such as certain types of cancer and reproductive disorders, in workers who are exposed to them in the course of work involving their preparation, administration, or disposal. Hazardous Medicinal Products affect workers who handle them directly or indirectly. Such workers include healthcare workers using cytostatic or cytotoxic drugs to treat cancer patients in hospitals or at home and workers who carry out activities relating to the cleaning, transport, laundry, or the waste disposal of hazardous drugs or of material contaminated by such drugs. It is therefore important to protect all workers by including relevant pharmacotherapeutic groups of Hazardous Medicinal Products in Annex I to Directive 2004/37/EC. The reduction and replacement requirements laid down in Article 4 of that Directive do not apply to Hazardous Medicinal Products because they are essential to treat patients. The other provisions of that Directive, in particular Articles 5 to 18a thereof, as amended by this Regulation, apply to workers who are exposed to Hazardous Medicinal Products.
Amendment 61 #
2020/0262(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Since the objective of this Directive, namely to protect workers against risks to their health and safety, including the prevention of such risks, arising or likely to arise from exposure to carcinogens or mutagen, mutagens or reprotoxic substances at work, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 64 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2004/37/EC
Title
Title
(-1) The title of Directive 2004/37/EC is replaced by the following: "DIRECTIVE 2004/37/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagen, mutagens or reprotoxic substances at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC)"
Amendment 65 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Directive 2004/37/EC
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
(-1a) In Article 1(1), the first paragraph is replaced by the following: “1. This Directive has as its aim the protection of workers against risks to their health and safety, including the prevention of such risks, arising or likely to arise from exposure to carcinogens or, mutagens or reprotoxic substances at work.”
Amendment 66 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 b (new)
Article 1 – point -1 b (new)
Directive 2004/37/EC
Article 2 – point b a (new)
Article 2 – point b a (new)
(-1b) In Article 2, the following point is inserted: "(ba) 'reprotoxic substance' means: a substance or mixture which meets the criteria for being classified as toxic to reproduction category 1A or 1B in Part 3 of Annex VI to Regulation (EC) No 1272/2008;"
Amendment 67 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 c (new)
Article 1 – point -1 c (new)
Directive 2004/37/EC
Article 2 – point c (new)
Article 2 – point c (new)
(-1c) ‘In Article 2, point (c) is replaced by the following: “(c) 'limit value’' means, unless otherwise specified, the limit of the time- weighted average of the concentration for a ‘'carcinogen or mutagen’, mutagen or reprotoxic substance' in the air within the breathing zone of a worker in relation to a specified reference period as set out in Annex III to this Directive.”
Amendment 68 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 d (new)
Article 1 – point -1 d (new)
Directive 2004/37/EC
Article 2 – point c a (new)
Article 2 – point c a (new)
(-1d) In Article 2, the following point is added: "(ca) 'risk-based limit value' means: a limit value set at an exposure level corresponding to a risk of developing an adverse health effect (e.g. cancer) in the range between an upper and a lower risk level, which is to be set in accordance with the procedure laid down in Article 153(2) of the Treaty on the Functioning of the European Union (TFEU)."
Amendment 69 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 e (new)
Article 1 – point -1 e (new)
Directive 2004/37/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
(-1e) In Article 3, paragraph 1 is replaced by the following: "1. This Directive shall apply to activities in which workers are or are likely to be exposed to carcinogens or, mutagens or reprotoxic substances as a result of their work.”
Amendment 70 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 f (new)
Article 1 – point -1 f (new)
Directive 2004/37/EC
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
(-1f) In Article 3(2), the first subparagraph is replaced by the following: "In the case of any activity likely to involve a risk of exposure to carcinogens or mutagens, or reprotoxic substances; the nature, degree and duration of workers' exposure shall be determined by way of a systematic risk assessment, in order to make it possible to assess any risk to the workers' health or safety and to lay down the measures to be taken. The assessment shall be renewed regularly and in any event when any change occurs in the conditions which may affect workers' exposure to carcinogens or mutagen, mutagens or reprotoxic substances. The employer shall supply the authorities responsible at their request with the information used for making the assessment. " Or. en (02004L0037)
Amendment 71 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 g (new)
Article 1 – point -1 g (new)
Directive 2004/37/EC
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
(-1g) In Article 3(2), the first subparagraph is replaced by the following: "In the case of any activity likely to involve a risk of exposure to carcinogens or mutagen, mutagens or reprotoxic substances, the nature, degree and duration of workers' exposure shall be determined in order to make it possible to assess any risk to the workers' health or safety and to lay down the measures to be taken.”
Amendment 72 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 h (new)
Article 1 – point -1 h (new)
Directive 2004/37/EC
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
(-1h) In Article 3(2), the second subparagraph is replaced by the following: “The assessment shall be renewed regularly and in any event when any change occurs in the conditions which may affect workers' exposure to carcinogens or, mutagens. or reprotoxic substances.”
Amendment 73 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 i (new)
Article 1 – point -1 i (new)
Directive 2004/37/EC
Article 3 – paragraph 4
Article 3 – paragraph 4
(-1i) In Article 3, paragraph 4 is replaced by the following: "4. When the risk assessment is carried out, employers shall give particular attention to any effects concerning the health or safety of workers at particular risk and shall, inter alia, take account of the desirability of not employing such workers in areas where they may come into contact with carcinogens or, mutagens. or reprotoxic substances.”
Amendment 74 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 j (new)
Article 1 – point -1 j (new)
Directive 2004/37/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 75 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 k (new)
Article 1 – point -1 k (new)
Directive 2004/37/EC
Article 5 – paragraph 2
Article 5 – paragraph 2
(-1k) In Article 5, paragraph 2 is replaced by the following: “2. Where it is not technically possible to replace the carcinogen or, mutagen or reprotoxic substance by a substance, mixture or process which, under its conditions of use, is not dangerous or is less dangerous to health or safety, the employer shall ensure that the carcinogen or, mutagen or reprotoxic substance is, in so far as is technically possible, manufactured and used in a closed system.”
Amendment 76 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 l (new)
Article 1 – point -1 l (new)
Directive 2004/37/EC
Article 5 – paragraph 4
Article 5 – paragraph 4
(-1l) In Article 5, paragraph 4 is replaced by the following: “4. Exposure shall not exceed the limit value of a carcinogen, mutagen or reprotoxic substance as set out in Annex III.”
Amendment 77 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 m (new)
Article 1 – point -1 m (new)
Directive 2004/37/EC
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 78 #
2020/0262(COD)
Proposal for a directive
Article 2 – point -1 n (new)
Article 2 – point -1 n (new)
Directive 2004/37/EC
Article 5 – paragraph 5 – introductory part
Article 5 – paragraph 5 – introductory part
-1n. In Article 5(5), the introductory part is replaced by the following: “5. Wherever a carcinogen or, mutagen or reprotoxic substance is used, the employer shall apply all the following measures:”
Amendment 79 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 o (new)
Article 1 – point -1 o (new)
Directive 2004/37/EC
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(-1o) In Article 5(5), point (a) is replaced by the following: “(a) limitation of the quantities of a carcinogen or, mutagen or reprotoxic substance at the place of work;”
Amendment 80 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 p (new)
Article 1 – point -1 p (new)
Directive 2004/37/EC
Article 5 – paragraph 5 – point c
Article 5 – paragraph 5 – point c
(-1p) In Article 5(5), point (c) is replaced by the following: "(c) design of work processes and engineering control measures so as to avoid or minimise the release of carcinogens or, mutagens or reprotoxic substances into the place of work;”
Amendment 81 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 q (new)
Article 1 – point -1 q (new)
Directive 2004/37/EC
Article 5 – paragraph 5 – point d
Article 5 – paragraph 5 – point d
(-1q) In Article 5(5), point (d) is replaced by the following: “(d) evacuation of carcinogens or, mutagens or reprotoxic substances at source, local extraction system or general ventilation, all such methods to be appropriate and compatible with the need to protect public health and the environment;”
Amendment 82 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 r (new)
Article 1 – point -1 r (new)
Directive 2004/37/EC
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(-1r) In Article 5(5), point (e) is replaced by the following: “(e) use of existing appropriate procedures for the measurement of carcinogens or mutagen, mutagens or reprotoxic substances, in particular for the early detection of abnormal exposures resulting from an unforeseeable event or an accident;”
Amendment 83 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 s (new)
Article 1 – point -1 s (new)
Directive 2004/37/EC
Article 5 – paragraph 5 – point i a (new)
Article 5 – paragraph 5 – point i a (new)
(-1s) In Article 5(5), the following point is inserted: "(ia) ensure that personal protective equipment is provided;"
Amendment 84 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 t (new)
Article 1 – point -1 t (new)
Directive 2004/37/EC
Article 5 – paragraph 5 – point j
Article 5 – paragraph 5 – point j
(-1t) In Article 5(5), point (j) is replaced by the following: “(j) demarcation of risk areas and use of adequate warning and safety signs including ‘'no smoking’' signs in areas where workers are exposed or likely to be exposed to carcinogens or mutagen, mutagens or reprotoxic substances;”
Amendment 85 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 u (new)
Article 1 – point -1 u (new)
Directive 2004/37/EC
Article 5 – paragraph 5 – point m a (new)
Article 5 – paragraph 5 – point m a (new)
(-1u) In Article 5(5), the following point is added: "(ma) in accordance with Directive 92/85/EC, take the necessary measures to ensure that pregnant workers, workers who have recently given birth and workers who are breastfeeding are duly protected and are in no circumstances required to carry out activities which could jeopardise their safety or health."
Amendment 86 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 v (new)
Article 1 – point -1 v (new)
Directive 2004/37/EC
Article 6 – paragraph 1– point a
Article 6 – paragraph 1– point a
(-1v) In the first paragraph of Article 6, point (a) is replaced by the following: "(a) the activities and/or industrial processes carried out, including the reasons for which carcinogens or, mutagens or reprotoxic substances are used;”
Amendment 87 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 w (new)
Article 1 – point -1 w (new)
Directive 2004/37/EC
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(-1w) In the first paragraph of Article 6, point (b) is replaced by the following: “(b) the quantities of substances or mixtures manufactured or used which contain carcinogens or mutagen, mutagens or reprotoxic substances; "
Amendment 88 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 x (new)
Article 1 – point -1 x (new)
Directive 2004/37/EC
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
(-1x) In Article 10 (1), the introductory part is replaced by the following: “1. Employers shall be obliged, in the case of all activities for which there is a risk of contamination by carcinogens or mutagen, mutagens or reprotoxic substances, to take appropriate measures to ensure that:”
Amendment 89 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 y (new)
Article 1 – point -1 y (new)
Directive 2004/37/EC
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(-1y) In Article 10(1), point (a) is replaced by the following: “(a) workers do not eat, drink or smoke in working areas where there is a risk of contamination by carcinogens or, mutagens; or reprotoxic substances;”
Amendment 91 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 aa (new)
Article 1 – point -1 aa (new)
Directive 2004/37/EC
Article 11 – paragraph 1 – subparagraph 2 – indents 1 and 2
Article 11 – paragraph 1 – subparagraph 2 – indents 1 and 2
Amendment 92 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 ab (new)
Article 1 – point -1 ab (new)
Directive 2004/37/EC
Article 11 – paragraph 2
Article 11 – paragraph 2
(-1ab) In Article 11, paragraph 2 is replaced by the following: “2. Employers shall inform workers of installations and related containers containing carcinogens or, mutagens or reprotoxic substances, ensure that all containers, packages and installations containing carcinogens or mutagen, mutagens or reprotoxic substances are labelled clearly and legibly, and display clearly visible warning and hazard signs.”
Amendment 93 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 ac (new)
Article 1 – point -1 ac (new)
Directive 2004/37/EC
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
(-1ac) In Article 14(3), the first subparagraph is replaced by the following: “3. If a worker is found to be suffering from an abnormality which is suspected to be the result of exposure to carcinogens or mutagen, mutagens or reprotoxic substances, the doctor or authority responsible for the health surveillance of workers may require other workers who have been similarly exposed to undergo health surveillance. ”
Amendment 94 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 ad (new)
Article 1 – point -1 ad (new)
Directive 2004/37/EC
Article 14 – paragraph 8 – subparagraph 1
Article 14 – paragraph 8 – subparagraph 1
Amendment 95 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 ae (new)
Article 1 – point -1 ae (new)
Directive 2004/37/EC
Article 14 – paragraph 8 – subparagraph 1
Article 14 – paragraph 8 – subparagraph 1
Amendment 96 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 af (new)
Article 1 – point -1 af (new)
Directive 2004/37/EC
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
(-1af) In Article 15, the following paragraph is added: “2a. The Member States shall provide the Commission with the information referred to in Article 14(8) as part of the implementation reports submitted to the Commission pursuant to Article 17a of Directive 89/391/EEC.”
Amendment 97 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 ag (new)
Article 1 – point -1 ag (new)
Directive 2004/37/EC
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 98 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 ah (new)
Article 1 – point -1 ah (new)
Directive 2004/37/EC
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 99 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 ai (new)
Article 1 – point -1 ai (new)
Directive 2004/37/EC
Article 17 – paragraph 1
Article 17 – paragraph 1
(-1 ai) In Article 17, paragraph 1 is replaced by the following: "The Commission is empowered to adopt delegated acts in accordance with Article 17a to make strictly technical amendments to Annex II, in order to take account of technical progress, changes in international regulations or specifications and new findings with regard to carcinogens or, mutagens. or reprotoxic substances.”
Amendment 100 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 aj (new)
Article 1 – point -1 aj (new)
Directive 2004/37/EC
Article 18a – paragraph 4 a (new)
Article 18a – paragraph 4 a (new)
(-1 aj) In Article 18a, the following paragraph is added: “No later than 1 December 2022, the Commission shall, taking into account the latest developments in scientific knowledge, the opinion of RAC and after appropriate consultation of relevant stakeholders, prepare Union guidelines on how the implementation of the limit values referred to in Article 5(4) should be adapted in the case of exposure to a combination of substances. Those guidelines shall be published on the website of the EU-OSHA and be disseminated in all Member States.”
Amendment 102 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 al (new)
Article 1 – point -1 al (new)
Directive 2004/37/EC
Article 18a – paragraph 4 a (new)
Article 18a – paragraph 4 a (new)
(-1al) In Article 18a, the following paragraph is added: “No later than 1 January 2028, the Commission shall, taking into account the RAC opinion of 2018 and the latest developments in scientific knowledge, start evaluating the feasibility of a further reduction of the limit value for benzene. No later than 1 January 2030, the Commission shall propose, where appropriate, necessary amendments and modifications related to that substance.”
Amendment 103 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 am (new)
Article 1 – point -1 am (new)
Directive 2004/37/EC
Article 18a – paragraph 4 a (new)
Article 18a – paragraph 4 a (new)
(-1 am) In Article 18a, the following paragraph is added: “No later than 31 December 2021, the Commission shall, taking into account the existing recommendations from different agencies, stakeholders and the World Health Organization on priority carcinogens, mutagens and reprotoxic substances for which limit values are needed, and after consulting the ACSH, present an action plan to achieve occupational exposure limits values for at least 25 substances, or groups of substances or process generated substances additional to those referred to in this Directive. No later than 31 December 2024, the Commission shall taking into account that action plan to achieve limit values for at least 25 additional substances or group of substances and/or process generated substances, the latest developments in scientific knowledge, and after consulting of the ACSH, present a legislative proposal.”
Amendment 104 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1an (new)
Article 1 – point -1an (new)
Directive 2004/37/EC
Article 18a – paragraph 4 a (new)
Article 18a – paragraph 4 a (new)
(-1an) In Article 18a, the following paragraph is added: “No later than 1 March 2022, the Commission shall, taking into account the latest developments in scientific knowledge, and after appropriate consultation of relevant stakeholders, in particular health practitioners and health professionals, develop a definition of Hazardous Medicinal Products and establish the list of substances covered by the related entry in Annex I. The Commission shall review that list every two years. No later than 1 December 2022, the Commission shall, after the appropriate consultation of relevant stakeholders, prepare Union guidelines and standards of practice for the preparation, administration, and disposal of Hazardous Medicinal Products. Those guidelines and standards shall be published on the website of the European Agency for Safety and Health at Work (EU-OSHA) and shall be disseminated in all Member States. The consultations undertaken to develop the definition, list, guidelines and standards shall be transparent. The declarations of interests of stakeholders and experts shall be made public in a timely manner.”
Amendment 105 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1ao (new)
Article 1 – point -1ao (new)
Directive 2004/37/EC
Article 18a – paragraph 4 a (new)
Article 18a – paragraph 4 a (new)
(-1ao) In Article 18 a, the following paragraph is inserted after the second paragraph: “No later than 1 June 2022, the Commission shall, taking into account the existing methodology to set limit values for carcinogens in some Member States and the opinion of the ACSH, define the upper and lower risk levels referred to in Article 2. No later than 1 December 2022, the Commission shall, after appropriate consultation of relevant stakeholders, prepare Union guidelines on the methodology establishing risk-based limit values under this Directive. Those guidelines shall be published on the website of the (EU-OSHA) and be disseminated in all Member States.”
Amendment 106 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 ap (new)
Article 1 – point -1 ap (new)
Directive 2004/37/EC
Annex I – point 8 a (new)
Annex I – point 8 a (new)
(-1 ap) In Annex I the following point is added: “8a. Work involving exposure to Hazardous Medicinal Products as defined by the process outlined in article 18a and, meeting the criteria for classification as carcinogenic, mutagenic and/or toxic for reproduction category 1A or 1B set out in Annex I to Regulation (EC) No 1272/2008 of the European Parliament and of the Council.”
Amendment 107 #
2020/0262(COD)
Proposal for a directive
Article 1 – point -1 aq (new)
Article 1 – point -1 aq (new)
Directive 2004/37/EC
Annex II – point 1
Annex II – point 1
(-1aq) In Annex II, point 1 is replaced by the following: “1. The doctor and/or authority responsible for the health surveillance of workers exposed to carcinogens or, mutagens or reprotoxic substances must be familiar with the exposure conditions or circumstances of each worker.”
Amendment 112 #
2020/0262(COD)
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2004/37/EC
Annex III – point A – Row 2 a (new)
Annex III – point A – Row 2 a (new)
Cobalt and - - 0.0005(11a) - - - - - Dermal and - cobalt 0.001(11b) respiratory compounds sensitisation (11) (11a) Respirable fraction, measured as cobalt (11b) Inhalable fraction, measured as cobalt
Amendment 20 #
2019/2182(INL)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas building renovation to increase energy efficiency often involves handling materials such as roofs, walls or electric settings that might contain asbestos when their construction precedes regulations and bans;
Amendment 21 #
2019/2182(INL)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas growing environmental exposure due to the deterioration of building stock in Europe leads to more cases of mesothelioma; whereas the health effects of environmental exposure have been largely under-estimated;
Amendment 32 #
2019/2182(INL)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas Parliament’s resolution of 21 January 2021 on access to decent and affordable housing for all1a called on the Member States to ensure that the right to adequate, decent and healthy housing is recognised and enforceable as a fundamental human right through applicable European and national legislative provisions; ______________ 1a Texts adopted, P9_TA(2021)0020.
Amendment 35 #
2019/2182(INL)
Motion for a resolution
Recital I d (new)
Recital I d (new)
Id. whereas the World Health Organization has identified housing as a key sector for actions to tackle health inequalities;
Amendment 36 #
2019/2182(INL)
Motion for a resolution
Recital I e (new)
Recital I e (new)
Ie. whereas the mandatory removal of asbestos will contribute to quality housing for all, in particular for low-income owners and renters whose housing conditions have deteriorated in recent decades; whereas financial support for low income families is key;
Amendment 40 #
2019/2182(INL)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the Pillar was adopted as a response to social challenges in the Union; whereas principle 10 calls for a high level of protection of workers’ health and safety at work, which should include the protection of workers from exposure to carcinogens and mutagens at the workplace;
Amendment 46 #
2019/2182(INL)
Motion for a resolution
Recital L g (new)
Recital L g (new)
Lg. whereas the Covid-19 pandemic has stressed once again the importance of ensuring the health and safety of workers; whereas the crisis has highlighted the importance of preventing work-related diseases and investing in affordable public health for all;
Amendment 47 #
2019/2182(INL)
Motion for a resolution
Recital L h (new)
Recital L h (new)
Lh. whereas the built environment has a significant impact on many sectors of the economy, on local jobs and quality of life;
Amendment 48 #
2019/2182(INL)
Motion for a resolution
Recital L i (new)
Recital L i (new)
Li. whereas the new sustainable built environment strategy from the Commission aims to increase material efficiency, to reduce the climate impacts of the built environment, and to promote circularity principles throughout the life cycle of buildings; whereas the strategy is expected to ensure consistency across related policy areas, such as climate, energy, the management of construction and demolition waste, and digitalisation;
Amendment 49 #
2019/2182(INL)
Motion for a resolution
Recital L j (new)
Recital L j (new)
Lj. whereas the Circular Economy Action Plan involves focused initiatives to address key product value chains such as construction and buildings;
Amendment 56 #
2019/2182(INL)
Motion for a resolution
Recital L q (new)
Recital L q (new)
Lq. whereas the European Skills Agenda for Sustainable Competitiveness, Social Fairness and Resilience acknowledges that the construction sector will need to invest in upskilling to cater to the needs of the green transition, with regard to green design and materials, energy efficiency, circularity and renovation; whereas the availability of skilled construction workers is key to the success of the European Green Deal’s Renovation Wave;
Amendment 77 #
2019/2182(INL)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission and the Member States to ensure that access to decent, affordable and healthy housing is one of the cornerstones of the Action Plan of the Pillar;
Amendment 79 #
2019/2182(INL)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Welcomes the fact that several Member States are pursuing ambitious plans to remove asbestos from the built environment with clear timelines, including Poland, the Netherlands and Flanders/Belgium;
Amendment 83 #
2019/2182(INL)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Underlines the need to mobilise every financing mechanism available and highlights that the Commission has already made clear that Member States can allocate European Structural and Investment Funds for the handling and removal of asbestos;
Amendment 85 #
2019/2182(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Insists on an environmentally safe storage of asbestos waste according to the best available, and most recent technologies in order to prevent workers and the general public from exposure to asbestos and to preserve public health;
Amendment 87 #
2019/2182(INL)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Calls on the Commission to strengthen the effectiveness and the scope of the Rotterdam Convention (as revised in 2019) by playing a role in putting an end to the blocking of chrysotile asbestos to be included in the listing of hazardous chemicals by a few European and non- European countries, and achieving as soon as possible a global ban on asbestos;
Amendment 112 #
2019/2182(INL)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls for the strengthening of the European Agency for Safety and Health at Work, in order to improve prevention efforts, to better monitor the registration of workplaces containing asbestos and the tracking of workers who have or might have been in contact with it, to improve training and protective equipment provided to workers and facilitate support to victims of work-related and in particular, asbestos-related diseases;
Amendment 117 #
2019/2182(INL)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls for increased funding to compensate victims of asbestos-related diseases, to ensure sufficient coverage of the direct, indirect and human costs of the illness; calls on Member States to facilitate recognition and compensation for documented victims of second hand exposure through non-professional contact with asbestos and draw on best practices from Member States such as Denmark;
Amendment 118 #
2019/2182(INL)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls on the Member States to support the establishment of associations for the victims of asbestos-related diseases and their families;
Amendment 119 #
2019/2182(INL)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Calls for improved both public and targeted awareness-raising campaigns on the risks linked to exposure to asbestos but also secondary and environmental exposure, as well as for the larger availability of simplified and understandable information, particularly for posted, mobile, cross-border and seasonal workers;
Amendment 120 #
2019/2182(INL)
Motion for a resolution
Paragraph 19 d (new)
Paragraph 19 d (new)
19d. Calls for a better evaluation of the risks linked to secondary exposure, particularly for family members living with asbestos workers;
Amendment 121 #
2019/2182(INL)
Motion for a resolution
Paragraph 19 e (new)
Paragraph 19 e (new)
19e. Calls for the mainstreaming of gender perspective throughout all legislative and non-legislative instruments and their respective implementation in the Member States, to ensure that no gender bias impacts tracking, identification, treatment or the consideration of a disease or death as asbestos-related, having therefore also an impact on the compensation for victims; reiterates the gender perspective of second-hand exposure;
Amendment 122 #
2019/2182(INL)
Motion for a resolution
Paragraph 19 f (new)
Paragraph 19 f (new)
19f. Calls for a better recognition of the importance of taking account of gender differences in occupational health and safety;
Amendment 124 #
2019/2182(INL)
Motion for a resolution
Paragraph 19 h (new)
Paragraph 19 h (new)
19h. Calls for an increased consideration of cleaning activities as risk factors when diagnosing diseases and for better risk assessments and identification of exposure to asbestos for cleaning workers, especially female workers, as well as of women who primarily take responsibility for unpaid household chores;
Amendment 125 #
2019/2182(INL)
Motion for a resolution
Paragraph 19 i (new)
Paragraph 19 i (new)
19i. Calls for a localised approach to the prevention, register, screening, tracking and treatment of asbestos-related diseases, to respond to the health impact that asbestos-containing materials can have on neighbours of industries that used them and/or on whole residential settings;
Amendment 127 #
2019/2182(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to present a proposal for an amendment to Article 7 of Directive 2010/31/EU in the context of “A Renovation Wave for Europe” introducing a requirement for the mandatory asbestos screening, registering, and removal of asbestos and other dangerous substances before any renovation works can start, including financial support mechanisms which provide for a requirement to ensure that renovation works are subject to the safe removal of asbestos, in particular for low- income households;
Amendment 131 #
2019/2182(INL)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Member States to adopt protective measures for tenants where asbestos is found prior to energy renovation works; emphasizes that all tenants should be protected from carrying the expenses when it comes to the screening as well as the removal of asbestos; calls on Member States to make sure that tenants receive full disclosure on asbestos in buildings;
Amendment 140 #
2019/2182(INL)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Welcomes the Commission’s efforts to promote and further enhance the circular economy in the construction sector and to invest in the renovation of buildings and infrastructure to improve quality, sustainability and energy efficiency;
Amendment 141 #
2019/2182(INL)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls for an EU-level plan for the total removal of asbestos from buildings, seizing the opportunities that the Renovation Wave and energy efficiency renovation offer to make housing stock healthier for all;
Amendment 142 #
2019/2182(INL)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Calls on the Commission to establish a European platform for the showcase and the exchange of good practices on removal of asbestos as well as on safe disposal, that have already been put into practice in several Member States;
Amendment 143 #
2019/2182(INL)
Motion for a resolution
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
(2) A timeline for asbestos removal, including possible priorities (prioritising certain buildings - such as schools, gyms, and or social housing) -, milestones, and regular evaluations of the progress made at least every 5 years;
Amendment 148 #
2019/2182(INL)
Motion for a resolution
Annex I – paragraph 1 – point 3
Annex I – paragraph 1 – point 3
(3) A financial framework, including the possible use of Union funds, for the support of building owners and the mandatory linking of the removal of asbestos to other public policies and programmes (such as energy efficiency, improvements of the living environment, social housing) for reasons of efficiency and the use of synergies;
Amendment 155 #
2019/2182(INL)
Motion for a resolution
Annex I – paragraph 1 – point 6
Annex I – paragraph 1 – point 6
(6) A plan for the safe, monitored, and documented disposal of asbestos containing waste in accordance with the principle of zero asbestos contamination into waste cycles, that prevents obstructions to the reuse of construction materials and ensures the maximum protection of workers in the field of the circular economy;
Amendment 156 #
2019/2182(INL)
Motion for a resolution
Annex I – paragraph 1 – point 6 a (new)
Annex I – paragraph 1 – point 6 a (new)
(6a) A solution for the entire separation of waste cycles and an environmentally safe storage of asbestos waste according to the best available, and most recent technologies;
Amendment 158 #
2019/2182(INL)
Motion for a resolution
Annex I – paragraph 1 – point 8
Annex I – paragraph 1 – point 8
(8) The close involvement of the social partners and other relevant stakeholders such as asbestos victims associations, national prevention institutions for occupational health and safety, in the transposition, implementation and monitoring of Directive 2009/148/EC.
Amendment 183 #
2019/2182(INL)
Motion for a resolution
Annex II – paragraph 1 – point 18 – Annex 1 a – paragraph 3 a (new)
Annex II – paragraph 1 – point 18 – Annex 1 a – paragraph 3 a (new)
3a. Each worker has to pass a mandatory test, resulting in the delivery of a certificate in order to ensure that these workers have the required skills and knowledge to safely do their work;
Amendment 185 #
2019/2182(INL)
Motion for a resolution
Annex II – paragraph 1 – point 18 – Annex 1 a – paragraph 4 – point d a (new)
Annex II – paragraph 1 – point 18 – Annex 1 a – paragraph 4 – point d a (new)
(da) the confirmation that the worker passed the test;
Amendment 186 #
2019/2182(INL)
Motion for a resolution
Annex II – paragraph 1 – point 18 – Annex 1 a – paragraph 5 – point b
Annex II – paragraph 1 – point 18 – Annex 1 a – paragraph 5 – point b
(b) the properties of asbestos and its effects on health, including the synergistic effect of smoking, as well as the risks linked to secondary and environmental exposure;
Amendment 193 #
2019/2182(INL)
Motion for a resolution
Annex III – paragraph 1 – point 1
Annex III – paragraph 1 – point 1
(1) a list of occupational diseases, due to first or second-hand exposure to asbestos, liable for compensation and subject to preventive measures which shall be recognised by the Member States and be without prejudice to more favourable national law, building on Commission Recommendation of 19 September 2003 concerning the European schedule of occupational diseases, and updated according to the latest available scientific knowledge;
Amendment 198 #
2019/2182(INL)
Motion for a resolution
Annex IV – paragraph 1 – subparagraph 1 – subparagraph 8 a (new)
Annex IV – paragraph 1 – subparagraph 1 – subparagraph 8 a (new)
Member States shall establish public financial support mechanisms for house owners, which provide for a requirement to ensure that renovation works are subject to the safe removal of asbestos.