BETA

1599 Amendments of Karolin BRAUNSBERGER-REINHOLD

Amendment 7 #

2023/2121(INI)

Motion for a resolution
Citation 12 a (new)
– having regard to the Commission communication of 30 June 2021 on long- term Vision for the EU's Rural Areas - Towards stronger, connected, resilient and prosperous rural areas by 2040 (COM/2021/345)
2023/12/13
Committee: REGI
Amendment 11 #

2023/2121(INI)

Motion for a resolution
Citation 17 a (new)
– having regard to its resolution of 15 September 2022 on EU border regions: living labs of European integration14a _________________ 14a OJ C 125, 5.4.2023, p. 114–123
2023/12/13
Committee: REGI
Amendment 89 #

2023/2121(INI)

Motion for a resolution
Paragraph 1
1. Insists that due to its regional focus, strategic planning and effective implementation model , cohesion policy should remain the EU’s main instrument for reducing disparities and stimulating regional growth and continue to be a key contributor to supporting recovery from symmetric and asymmetric shocks; calls for a clear demarcation between cohesion policy and other instruments in order to avoid overlaps and competition between EU instruments; believes that there must be an increase in the overall cohesion budget and in the MFF’s share of the policy compared to the 2021-2027 programming period; insists that all European regions remain eligible for funding in the future;
2023/12/13
Committee: REGI
Amendment 122 #

2023/2121(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Calls for the restoration, under the Common Provisions Regulations, of the Rural Development Fund; such a fund should be managed regionally or with decisive regional participation, placing greater emphasis than before on structural policy measures in sparsely populated areas;
2023/12/13
Committee: REGI
Amendment 170 #

2023/2121(INI)

Motion for a resolution
Paragraph 6
6. Calls for cohesion policy to include a stronger urban dimension through designated investments in urban areas as well as stronger links between urban and rural projects and investments; calls for the proportion of national ERDF allocations for urban development to be increased from 8 % to 12 %; calls on the Member States to ensure that small urban authorities are also able to access the 12 % of ERDF funds at national level dedicated to financing sustainable and integrated urban development projects; calls for this funding to be co-programmed with local authorities and for their benefit; underlines in this context that administrative capacity is essential for ensuring that managing bodies and local authorities acquire technical knowledge on climate change which they can use for urban planning and urban management; is convinced that this will lead to better design and evaluation of project proposals, more effective allocation of resources and satisfactory budgetary implementation without significant risk of decommitments; acknowledges that integrated territorial investments have a fundamental role in quality implementation and absorption of resources;
2023/12/13
Committee: REGI
Amendment 178 #

2023/2121(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. calls for the establishment of a genuine structural policy for rural areas that meets the respective challenges in terms of its thematic objectives; points out that the distribution of funding between urban and rural areas ("EU Cohesion Policy in non-urban areas", Study requested by the REGI committee, PE 652.210 - September 2020) by no means meets the objective of Art. 174 TFEU; believes that funding should benefit both urban and rural areas in a balanced way;
2023/12/13
Committee: REGI
Amendment 205 #

2023/2121(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Stresses that disproportionate burdens, such as the inherent structural disadvantages faced by all border regions should be compensated with a separate regime for regional aid designed specifically for border regions; demands that 0,26% of the EU’s cohesion policy budget shall be reserved exclusively for the development of border regions at the beginning of every new programming period, starting with the period 2028-2034 (=“Borderland Billion”); Suggests that the “Borderland Billion” is to be entrusted directly to the European Groupings of Territorial Cooperation (EGTCs), who are to be tasked with its independent management and distribution among projects;
2023/12/13
Committee: REGI
Amendment 224 #

2023/2121(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. calls for a promotion of territorial development strategies (CLLD/ITI), where necessary through mandatory use, in order to involve the levels of governance closest to citizens in the planning, consultation, implementation and management of the funds;
2023/12/13
Committee: REGI
Amendment 254 #

2023/2121(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Welcomes the European Commission's decision to extend the validity of the Code of Conduct for Partnerships under the European Structural and Investment Funds (Delegated Regulation No 240/2014); believes that these guidelines contribute significantly to better involvement of local authorities, but should be revised in the future to improve effectiveness and ensure even greater involvement of partners to promote place-based actions;
2023/12/13
Committee: REGI
Amendment 32 #

2023/0452(COD)

Proposal for a regulation
Article 1 – paragraph 1
Regulation (EU) 2021/1232
Article 10 – second subparagraph
It shall apply until 3 August 2026. It shall7.
2024/01/23
Committee: LIBE
Amendment 23 #

2023/0266(COD)

Proposal for a regulation
Recital 5 a (new)
(5 a) Most greenhouse gases related to transport and logistics are emitted during the vehicle operation, production of an energy carrier and the manufacturing of a vehicle.
2024/01/18
Committee: ENVITRAN
Amendment 24 #

2023/0266(COD)

Proposal for a regulation
Recital 5 b (new)
(5 b) Greenhous gas emissions of vehicle manufacturing, maintenance and disposal contribute significantly to the total life cycle emissions of a vehicle.
2024/01/18
Committee: ENVITRAN
Amendment 25 #

2023/0266(COD)

Proposal for a regulation
Recital 5 c (new)
(5 c) Counting emissions from the construction and dismantling of energy production infrastructure related to renewable energies such as solar cell, windmill and hydropower production and construction is necessary to allow a fair comparison between all renewable energy carriers.
2024/01/18
Committee: ENVITRAN
Amendment 26 #

2023/0266(COD)

Proposal for a regulation
Recital 5 d (new)
(5 d) Adding the contribution of emissions from the construction and dismantling of infrastructure to produce energy from fossil fuels, renewables or nuclear energy is relevant for a holistic comparison of all available energy carriers for transport operations.
2024/01/18
Committee: ENVITRAN
Amendment 27 #

2023/0266(COD)

Proposal for a regulation
Recital 5 e (new)
(5 e) Data for vehicles construction is not easily available from vehicle manufacturers, in particular from those located outside the Union. Nonetheless, this characteristic is relevant since it enables to account for the entire spectrum of emissions related to a transport activity while addressing carbon leakage with regards to the manufacturing of vehicles.
2024/01/18
Committee: ENVITRAN
Amendment 28 #

2023/0266(COD)

Proposal for a regulation
Recital 6
(6) Laying down harmonised rules for accounting greenhouse gas emissions of freight and passenger transport services is therefore appropriate to attain comparable figures for greenhouse gas emissions of transport services and to avoid misleading information on their performance resulting from the possibility to choose between various emissions calculation methods and input data. Such rules should ensure a level playing field between transport modes, segments, and the Union’s national networks. It should also help create incentives to behavioural change among businesses and customers to reduce greenhouse emissions from transport services through the uptake and use of comparable and reliable greenhouse emissions data. The only way to fulfill these requirements is to use a methodology for calculation of the full life cycle greenhouse gas emissions.
2024/01/18
Committee: ENVITRAN
Amendment 33 #

2023/0266(COD)

Proposal for a regulation
Recital 6 a (new)
(6 a) In order to allow companies, customers and individuals to compare different modes of transport according to their respective greenhouse gas emissions, the Commission should develop a methodolgy which allows to include greenhouse gas emmissions of vehicle construction, maintenance and disposal by 2028.
2024/01/18
Committee: ENVITRAN
Amendment 35 #

2023/0266(COD)

Proposal for a regulation
Recital 7
(7) This Regulation should make available a reference framework for other emissions reduction measures that may be further undertaken by public authorities and industry, including where establishing greenhouse gas transparency clauses in transport contracts, providing information on greenhouse gas emissions of a travel or delivery option to passengers or customers, or setting climate-related criteria for green procurement procedures.deleted
2024/01/18
Committee: ENVITRAN
Amendment 43 #

2023/0266(COD)

Proposal for a regulation
Recital 8
(8) Despite benefits stemming from the increased transparency on the performance of transport services, mandatory application of this Regulation to all entities offering transport services on the Union market would be disproportionate and lead to excessive costs and burden. Therefore, this Regulation should apply only to those entities that decide or are bound by other relevant legislative and non-legislative regimes, to calculate and disclose information on greenhouse gas emissions of freight or passengers transport services that start orand end on the territory of the Union. This consequently includes services, the origin or destination points of which are situated in a third country.
2024/01/18
Committee: ENVITRAN
Amendment 51 #

2023/0266(COD)

Proposal for a regulation
Recital 10 a (new)
(10 a) A full life cycle based assessment should be considered and should include emissions on a well-to-wheel basis, emissions released during the transport, infrastructure construction process, in the process of transport vehicles production, consumption of other materials, water, and end of life disposal. The full life cycle approach shall avoid a possible misleading and incomplete representation of transport service emissions.
2024/01/18
Committee: ENVITRAN
Amendment 54 #

2023/0266(COD)

Proposal for a regulation
Recital 11
(11) A proper method for calculating the full life cycle greenhouse gas emissions of transport services is one of the key aspects for the harmonised Union framework set out by this Regulation. The method should ensure that the emissions calculations performed across a transport chain provide comparable and accurate greenhouse gas emissions data, by following a single set of methodological steps. It should also adequately account for the needs of the transport market, in order to avoid unnecessary complexity, excessive burden and costs, and be accepted by stakeholders.
2024/01/18
Committee: ENVITRAN
Amendment 56 #

2023/0266(COD)

Proposal for a regulation
Recital 12
(12) EN ISO standard 14083:2023, published by the European Committee for Standardisation57 in April 2023, and transposing ISO standard 14083:2023, was chosen to be the reference methodology for calculating greenhouse gas emissions of transport services under this Regulation. The analysis showed that ISO standard 14083:2023 proved to be the most relevant and proportional in addressing the objectives of this Regulation. The quantification of emissions is performed on a well-to-wheel basis, which includes greenhouse gas emissions stemming from energy provision and vehicle use during transport and hub operations. This omits emissions stemming from the production, maintenance and disposal of vehicles and is therefore incomplete. _________________ 57 https://www.cencenelec.eu
2024/01/18
Committee: ENVITRAN
Amendment 58 #

2023/0266(COD)

Proposal for a regulation
Recital 12
(12) EN ISO standard 14083:2023, published by the European Committee for Standardisation57 in April 2023, and transposing ISO standard 14083:2023, was chosen to be the reference methodology for calculating well-to-wheel greenhouse gas emissions of transport services under this Regulation. The analysis showed that ISO standard 14083:2023 proved to be the most relevant and proportional in addressing the objectives of this Regulation. The quantification of emissions is performed on a well-to-wheel basis, which includes greenhouse gas emissions stemming from energy provision and vehicle use during transport and hub operations. _________________ 57 https://www.cencenelec.eu
2024/01/18
Committee: ENVITRAN
Amendment 65 #

2023/0266(COD)

Proposal for a regulation
Recital 13 a (new)
(13 a) A methodology should be developed for calculating the full life cycle emissions related to the construction of infrastructure used by the vehicle and the emissions related to production, maintenance and end of life of the vehicle. The Commission may take into consideration international standards like ISO 14067 consistent with International Standards of Life cycle assessment (ISO 14040 and ISO 14044 ), International EPD System PCR on transport services or European Sustainability Reporting Standards (ESR) and Commission Environmental Footprint methods. The life cycle methodologyy should be introduced through a delegated act.
2024/01/18
Committee: ENVITRAN
Amendment 67 #

2023/0266(COD)

Proposal for a regulation
Recital 13 a (new)
(13 a) In order to avoid competitive disadvantages for vehicles and materials produced in Europe, the Commission, should include emissions stemming from the production and disposal of vehicles. The Commission should, in cooperation with Member States, request the European Committee for Standardisation to revise the standard accordingly, once the methodology is developed.
2024/01/18
Committee: ENVITRAN
Amendment 83 #

2023/0266(COD)

Proposal for a regulation
Recital 19
(19) The development and maintenance of the EU databases of default values for greenhouse gas emission intensity and greenhouse gas emission factorsestablished by this Regulation, as well as the technical quality check of external databases and datasets operated by third parties should be undertaken by a neutral and competent body operating at Union level. Given its remit, the European Environmental Agency is best placed to provide the necessary assistance for the proper implementation of this part of the Regulation. Where relevant, this work may rely on contribution from and be supported by other sectorial EU bodies, in accordance of separate Union law.
2024/01/18
Committee: ENVITRAN
Amendment 89 #

2023/0266(COD)

Proposal for a regulation
Recital 21
(21) Regulation (EU) 2015/75758 and Directive 2003/87/EC59 require the collection, calculation and annual reporting of CO2 emissions from ships and aircrafts, respectively. Regulation (EU) 2015/757 and Directive 2003/87/EC may be to certain extent complementary to the provisions set out in this Regulation, especially in terms of producing fuel burnt data as an input for quantifying emissions of transport services. Input data for generating greenhouse gas emissions of transport services may also originate from the implementation of other legislative frameworks, such as Regulation (EU) 2019/124260and , Regulation (EU) 2019/63161 and Regulation (EU) 2023/2405. _________________ 58 Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55–76) 59 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32–46) 60 Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2 emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No 595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC (OJ L 198, 25.7.2019) 61 Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (recast) (Text with EEA relevance.) (OJ L 111, 25.4.2019, p. 13–53)
2024/01/18
Committee: ENVITRAN
Amendment 99 #

2023/0266(COD)

Proposal for a regulation
Recital 25
(25) Unless separate arrangements apply, aA data intermediary collecting information on greenhouse gas emissions of a transport service from a concerned entity or other relevant legal or natural person, anshould disclosing ite on the market, should not be considered liable in case this information breaches any of only data that are fulfilling the requirements related to the calculation and verification of greenhouse gas emissions of transport services, and the certification of calculation tools, set out by this Regulation. However, tThe data intermediary should make effort to prevent from inaccurate or incorrect information to be disclosed, and should respect rules related to the greenhouse gas emissions output data, communication and transparency. In addition, the data intermediary should provide the source of this information, to allow for the identification of the respective information provider. The data should be disclosed free of charge.
2024/01/18
Committee: ENVITRAN
Amendment 113 #

2023/0266(COD)

Proposal for a regulation
Recital 28 a (new)
(28 a) Greenhouse gas emissions accounting based on primary data may reveal the amount of fuel or energy consumed that is related to the assignments of specific customers, and therefore emissions can be reversely converted into the cost of operation. Especially in the freight transport sector, this negatively affects the negotiating power of SMEs. Therefore, large enterprises should not be allowed to request greenhouse gas emissions based on primary data from value chain partners, in particular from SMEs.
2024/01/18
Committee: ENVITRAN
Amendment 115 #

2023/0266(COD)

Proposal for a regulation
Recital 29
(29) In case the verificacollection, verification and distribution of information on greenhouse gas emissions data of transport services is organised in accordance with specific rules set out by other Union legislation, including a rRegulation (EU) 2023/2405 on ensuring a level playing field for sustainable air transport and implemented by the European Union Aviation Safety Agency, these rules shall be treated in an equivalent manner, under the condition that the verification assessment is established consistently with the requirements of this Regulationestablishing an environmental labelling scheme , these rules shall be treated in an equivalent manner.
2024/01/18
Committee: ENVITRAN
Amendment 117 #

2023/0266(COD)

Proposal for a regulation
Recital 30
(30) In order to allow for the efficient functioning of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the developing of the methodology for calculating the full life cycle emissions related to the construction of infrastructure used by the vehicle and the emissions related to production, maintenance and end of life of the vehicle; the assessing and excluding certain elements of the reference methodology; submitting requests to the European Committee for Standardisation, establishing rules to conduct the technical quality check of external databases of default values, adapting metrics for output greenhouse gas emissions data and establishing further methods and criteria of accreditation of conformity assessment bodies. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making62 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 62 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1)
2024/01/18
Committee: ENVITRAN
Amendment 124 #

2023/0266(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation establishes rules for the accounting of the greenhouse gas emissions of transport services that start orand end on the Union territory.
2024/01/18
Committee: ENVITRAN
Amendment 130 #

2023/0266(COD)

Proposal for a regulation
Article 2 – paragraph 1
This Regulation applies to any entity providing or organising freight and passenger services in the Union that calculates greenhouse gas emissions of a transport service starting orand ending on the Union territory and discloses disaggregated information on those emissions to any third party for commercial or regulatory purposes.
2024/01/18
Committee: ENVITRAN
Amendment 132 #

2023/0266(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) “greenhouse gas” means gaseous constituent of the atmosphere, both natural and anthropogenic, that absorbs and emits radiation at specific wavelengths within the spectrum of infrared radiation emitted by the Earth's surface, the atmosphere and clouds; as provided by the latest Intergovernmental Panel on Climate Change (IPCC) Assessment Report.
2024/01/18
Committee: ENVITRAN
Amendment 136 #

2023/0266(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 12
(12) “concerned entity” means an entity that calculates greenhouse gas emissions of a transport service starting orand ending on the Union territory and discloses information on those emissions to any third party, for commercial or regulatory purposes;
2024/01/18
Committee: ENVITRAN
Amendment 139 #

2023/0266(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 16
(16) “greenhouse gas emission intensity” means a coefficient relating specified greenhouse gas activity data with the greenhouse gas emission
2024/01/18
Committee: ENVITRAN
Amendment 141 #

2023/0266(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 17
(17) “greenhouse gas emission factor” coefficient relating greenhouse gas activity data with the greenhouse gas emission;
2024/01/18
Committee: ENVITRAN
Amendment 142 #

2023/0266(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 17 a (new)
(17 a) "transport emissions" means emissions representing the greenhouse gas impact of a transport service stemming from: - "tank-to wheel emissions" - "energy carrier emissions" - "vehicle life-cycle emissions"
2024/01/18
Committee: ENVITRAN
Amendment 143 #

2023/0266(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 18
(18) “well-to-wheel greenhouse emissions” means emissions representing the greenhouse gas impact stemming from both vehicle use and vehicle energy provision, a subset of transport emissions;
2024/01/18
Committee: ENVITRAN
Amendment 144 #

2023/0266(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 19 a (new)
(19 a) "energy carrier emission" means all emissions of operational processes to provide the energy carrier for use in vehicles or at hubs. This include processes such as extracting, producing, processing, storing, and transporting of energy carriers as well as emissions from construction and dismantling of energy production infrastructure;
2024/01/18
Committee: ENVITRAN
Amendment 145 #

2023/0266(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 19 a (new)
(19 a) “full life cycle emissions” means the emissions representing the sum of the corresponding share of emissions related to the construction of infrastructure used by the vehicle, the emissions related to production, maintenance and end of life of the vehicle and the well-to-wheel emissions;
2024/01/18
Committee: ENVITRAN
Amendment 146 #

2023/0266(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 19 b (new)
(19 b) "vehicle life-cycle emissions" means the emissions associated to materials used to construct vehicles, the actual construction activities, transport of vehicles, maintenance activities and disposal activities;
2024/01/18
Committee: ENVITRAN
Amendment 155 #

2023/0266(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 23
(23) “default value” means secondary data value drawn from a published source verified by a conformity assessment body, which is taken as default in case of lack of primary or modelled data;
2024/01/18
Committee: ENVITRAN
Amendment 162 #

2023/0266(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. The greenhouse gas emissions of transport services shall be calculated on the basis of the rules set out in Chapter III of this Regulation as full life cycle emissions including the corresponding share of emissions related to the construction of infrastructure used by the vehicle, the emissions related to production, maintenance and end of life of the vehicle and the well-to-wheel emissions. The corresponding share of emissions related to the construction of infrastructure used by the vehicle, the emissions related to production, maintenance and end of life of the vehicle shall be calculated based on a methodology developed by the Commission through a delegated act in accordance with Article 16. The well-to-wheel greenhouse gas emissions of transport services shall be calculated on the basis of the methodology defined in EN ISO 14083:2023 standard, in its up-to-date version, and the rules set out in Chapter III of this Regulation.
2024/01/18
Committee: ENVITRAN
Amendment 164 #

2023/0266(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
1 a. By [OP: Please insert a date: 36 months after the entry into force of this Regulation] the Commission shall adopt a delegated act establishing the methodology mentioned in paragraph 1(a) of this Article that shall be based on latest international standards.
2024/01/18
Committee: ENVITRAN
Amendment 166 #

2023/0266(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
1 a. The Commission shall develop a methodology for calculating vehicle life- cycle emissions, not later than 36 month after entry into force of this Regulation.
2024/01/18
Committee: ENVITRAN
Amendment 170 #

2023/0266(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The Commission shall assess the need for an adjustment of any component of the standards referred to in paragraph 1 and 1a, not later than 36 months after the date of application of this Regulation.
2024/01/18
Committee: ENVITRAN
Amendment 171 #

2023/0266(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. The Commission mayshall launch a compliance check to assess any amendment to the standards referred to in paragraph 1 and 1a. The compliance check shall be initiated by the Commission, which, where appropriate, may act at the request of a Member State.
2024/01/18
Committee: ENVITRAN
Amendment 179 #

2023/0266(COD)

Proposal for a regulation
Article 4 – paragraph 6
6. The Commission is empowered to adopt implementinga delegated acts in accordance with Article 176 to supplement this Regulation with a view to clarify the reference methodology referred to in paragraph 1, to ensure its uniform implementation on the market as regards the approach for determining appropriate emission-relevant parameters for calculating greenhouse gas emissions before a service is provided, and, where applicable, other technical parameters related to the allocation of emissions or aggregation of data elements that are not explicitly explained in that methodology.
2024/01/18
Committee: ENVITRAN
Amendment 183 #

2023/0266(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Entities referred to in Article 2 shall prioritise the use of primary data for calculating greenhouse gas emissions of a transport service provided by itself. Calculations for subcontracted transport chain elements may use secondary data.
2024/01/18
Committee: ENVITRAN
Amendment 191 #

2023/0266(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b a (new)
(b a) default greenhouse gas emission factors for vehicle life-cycle emissions are derived from the central EU database of default greenhouse gas emission factors, referred to in Article 8;
2024/01/18
Committee: ENVITRAN
Amendment 192 #

2023/0266(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point c a (new)
(c a) entities referred to in Article 2 have not been issued labels pursuant to Article 14 of Regulation (EU) 2023/2405.
2024/01/18
Committee: ENVITRAN
Amendment 205 #

2023/0266(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. The Commission with the assistance of the European Environmental Agency and other sectoral EU bodies, shall establish a core EU database of default emission intensity values referred to in Article 5 (2), point (a)(i)verified in accordance with this Regulation.
2024/01/18
Committee: ENVITRAN
Amendment 215 #

2023/0266(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. The Commission shall ensure the maintenance, update and, continuous development and an appropriate level of security of the database referred to in paragraph 1, taking into account for the evolution of the technological state-of-the- art in the transport sector and of new methodological approaches for calculating greenhouse gas emissions.
2024/01/18
Committee: ENVITRAN
Amendment 222 #

2023/0266(COD)

Proposal for a regulation
Article 6 – paragraph 3 a (new)
3 a. 12 month after establishing the core EU database the option to apply cut- off criteria as laid out in point 5.2.3 of ISO 14083:2023 shall cease to exist.
2024/01/18
Committee: ENVITRAN
Amendment 233 #

2023/0266(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. The technical quality check is required as from 124 months after the date of the application of this Regulationmentioned in paragraph 1, at the latest. A record of positive assessment of that quality check shall be valid for two years.
2024/01/18
Committee: ENVITRAN
Amendment 237 #

2023/0266(COD)

Proposal for a regulation
Article 7 – paragraph 4 a (new)
4 a. Access to the database referred to in paragraph 1, to consult or use default emission intensity values shall be open to the public and free of charge.
2024/01/18
Committee: ENVITRAN
Amendment 245 #

2023/0266(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The Commission, with the assistance of the European Environmental Agency and other sectoral EU bodies, shall establish a central EU database of default greenhouse gas emission factors referred to in Article 5(2), point (b)verified in accordance with this Regulation.
2024/01/18
Committee: ENVITRAN
Amendment 246 #

2023/0266(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. The Commission, with the assistance of the European Environmental Agency, shall establish a central EU database of default greenhouse gas emission factors referred to in Article 5(2), point (b) and (ba).
2024/01/18
Committee: ENVITRAN
Amendment 253 #

2023/0266(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The Commission, with the assistance of the European Environmental Agency and other sectoral EU bodies, shall ensure the maintenance, update and, continuous development and an appropriate level of security of the database referred to in paragraph 1, taking into account the evolution of the technological state-of-the-art in the transport sector and of new methodological approaches for calculating greenhouse gas emissions.
2024/01/18
Committee: ENVITRAN
Amendment 261 #

2023/0266(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Output data shall be established using the reference methodology and input data in accordance with Articles 4 to 8 of this Regulation except for entities referred to in Article 2 who have been issued labels pursuant to Article 14 of Regulation (EU) 2023/2405 and who may use the output data established under the labelling scheme for the purpose of this Regulation.
2024/01/18
Committee: ENVITRAN
Amendment 273 #

2023/0266(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Concerned entities shall disclose output data in a clear and unambiguous manner. When concerned entities disclose output data, in the communication accompanying this disclosure they shall include the following statement “Well-to- wheelFull life cycle greenhouse gas emissions calculated in accordance with Regulation [reference to this Regulation] of the European Parliament and the Council”, at least in one of the official languages of the EU, and where possible, in an official language of a Member State on the territory of which the service is performed.
2024/01/18
Committee: ENVITRAN
Amendment 290 #

2023/0266(COD)

Proposal for a regulation
Article 10 – paragraph 5
5. The output data and evidence referred to in paragraph 54 shall be established in a clear and unambiguous manner, at least in one of the official languages of the Union. Where possible, they shall be made available in the form of a weblink, QR code or equivalent.
2024/01/18
Committee: ENVITRAN
Amendment 293 #

2023/0266(COD)

Proposal for a regulation
Article 10 – paragraph 7
7. Any recipient of output data and of evidence referred to in paragraph 54, shall take measures to ensure the confidentiality of relevant commercial data that are processed and communicated in accordance with this Regulation, and ensure that such data may be accessed, processed and disclosed only when authorised.
2024/01/18
Committee: ENVITRAN
Amendment 302 #

2023/0266(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Output data referred to in Article 9 shall be subject to verification of its conformity with the requirements laid down in Articles 4 to 9 of this Regulation, in accordance with Article 13, only upon request of the conformity assessment body, another concerned entity or its customers.
2024/01/18
Committee: ENVITRAN
Amendment 321 #

2023/0266(COD)

Proposal for a regulation
Article 13 – paragraph 8
8. Where other Union legislation lays down specific rules on the verification assessment of output data, those rules shall be treated in an equivalent manner, under the condition that the verification assessment is established consistently with this Regulation. The verification of the output date established under article 14 of Regulation (EU) 2023/2405 are deemed equivalent with this Regulation.
2024/01/18
Committee: ENVITRAN
Amendment 330 #

2023/0266(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. The delegation of power referred to in Article 4(1a), Article 4(4), Article 4(5), Article 4(6), Article 9(4) and Article 15(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2024/01/18
Committee: ENVITRAN
Amendment 334 #

2023/0266(COD)

Proposal for a regulation
Article 18 – paragraph -1 (new)
-1 The Commission shall carry out an impact assessment regarding the bureaucratic burden created for the application of this Regulation by [OP: please insert a date: 2 years after the entry in force of this Regulation].
2024/01/18
Committee: ENVITRAN
Amendment 340 #

2023/0266(COD)

Proposal for a regulation
Article 18 a (new)
Article18a Annex - International Standards By [OP: Please insert a date: 12 months after the date of adoption of the Delegated act provided in Article 1a] the Commission shall adopt a delegated act establishing an Annex to this Regulation including the up-to date International Standards referred to in this Regulation.
2024/01/18
Committee: ENVITRAN
Amendment 223 #

2023/0135(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 5
5. ‘national official’ means any person holding an executive, administrative, or judicial office at national, regional or local level, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority. Any person holding a legislative office at national, regional or local level is considered a national official for the purpose of this Directive.
2023/10/16
Committee: LIBE
Amendment 337 #

2023/0135(COD)

Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally and in breach of duty resulting in a financial damage:
2023/10/16
Committee: LIBE
Amendment 338 #

2023/0135(COD)

Proposal for a directive
Article 9 – paragraph 1 – point a
(a) the committing, disbursing, appropriation or use by a public official of property whose management is directly or indirectly entrusted to him contrary to the purpose for which it was intendedin breach of their duty to safeguard the pecuniary interests of another which are incumbent upon them by reason of law, by commission of an authority, legal transaction or fiduciary relationship;
2023/10/16
Committee: LIBE
Amendment 346 #

2023/0135(COD)

Proposal for a directive
Article 10 – paragraph 1 – point a
(a) the promise, offer or giving, directly or through an intermediary, of an undue advantage of any kind to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining an undue advantage from a public official;
2023/10/16
Committee: LIBE
Amendment 349 #

2023/0135(COD)

Proposal for a directive
Article 10 – paragraph 1 – point b
(b) the request or receipt, directly or through an intermediary, of an undue advantage of any kind or the promise of such an advantage to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining an undue advantage from a public official.
2023/10/16
Committee: LIBE
Amendment 351 #

2023/0135(COD)

Proposal for a directive
Article 10 – paragraph 2
2. In order for the conduct referred to in paragraph 1 to be punishable as a criminal offence, it shall be irrelevant whether or not the influence is exerted or whether or not the supposed influence leads to the intended results.
2023/10/16
Committee: LIBE
Amendment 352 #

2023/0135(COD)

Proposal for a directive
Article 11
Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: 1. the performance of or failure to perform an act, in violation of laws, by a public official in the exercise of his functions for the purpose of obtaining an undue advantage for that official or for a third party; 2. the performance of or failure to perform an act, in breach of duties, by a person who in any capacity directs or works for a private-sector entity in the course of economic, financial, business or commercial activities for the purpose of obtaining an undue advantage for that person or for a third party.Article 11 deleted Abuse of functions
2023/10/16
Committee: LIBE
Amendment 372 #

2023/0135(COD)

Proposal for a directive
Article 13
Enrichment from corruption offences Member States shall take the necessary measures to ensure that the intentional acquisition, possession or use by a public official of property that that official knows is derived from the commission of any of the offences set out in Articles 7 to 12 and 14, is punishable as a criminal offence, irrespective of whether that official was involved in the commission of that offence.Article 13 deleted
2023/10/16
Committee: LIBE
Amendment 376 #

2023/0135(COD)

Proposal for a directive
Article 14 – paragraph 3
3. Member States shall take the necessary measures to ensure that attempting any of the offences referred to in Articles 9 and 11 to 13 is punishable as a criminal offence.deleted
2023/10/16
Committee: LIBE
Amendment 421 #

2023/0135(COD)

Proposal for a directive
Article 21 – paragraph 2
2. The limitation period referred to in paragraph 1 shall not be shorter than: (a) fifteen years from the time when the offence was committed, for the criminal offences referred to in Articles 7 and 12; (b) ten years from the time when the offence was committed, for the criminal offences referred to in Articles 8 to 11; (c) eight years from the time when the offence was committed, for the criminal offences referred to in Articles 13 and 14.deleted
2023/10/16
Committee: LIBE
Amendment 426 #

2023/0135(COD)

Proposal for a directive
Article 21 – paragraph 3
3. By way of derogation from paragraph 2, Member States may establish a shorter limitation period, provided that the period may be interrupted or suspended in the event of specified acts and that the applicable rules on the suspension and limitation periods do not hamper the effectiveness of the judicial process and the dissuasive application of penalties. This period shall not be shorter than: (a) ten years for the criminal offences referred to in Articles 7 and 12; (b) eight years for the criminal offences referred to in Articles 8 to 11; (c) five years for the criminal offences referred to in Articles 13 and 14.deleted
2023/10/16
Committee: LIBE
Amendment 431 #

2023/0135(COD)

Proposal for a directive
Article 21 – paragraph 4
4. Member States shall take the necessary measures to enable the enforcement of a penalty of imprisonment following a final conviction for at least: (a) fifteen years from the date of the final conviction for any of the criminal offences referred to in Articles 7 and 12; (b) ten years from the date of the final conviction for any of the criminal offences referred to in Articles 8 to 11; (c) eight years from the date of the final conviction for any of the criminal offences referred to in Articles 13 and 14.deleted
2023/10/16
Committee: LIBE
Amendment 433 #

2023/0135(COD)

Proposal for a directive
Article 21 – paragraph 5
5. By way of derogation from paragraph 4, Member States may establish a shorter limitation period, provided that the period may be interrupted or suspended in the event of specified acts and that the applicable rules on the suspension and limitation periods do not hamper the effectiveness of the judicial process and the dissuasive application of penalties. This period shall not be shorter than: (a) ten years from the date of the final conviction for any of the criminal offences referred to in Articles 7 and 12; (b) eight years from the date of the final conviction for any of the criminal offences referred to in Articles 8 to 11; (c) five years from the date of the final conviction for any of the criminal offences referred to in Articles 13 and 14.deleted
2023/10/16
Committee: LIBE
Amendment 36 #

2023/0093(COD)

Proposal for a regulation
Recital 7
(7) This Regulation should apply to all requests issued within the framework of criminal proceedings. Criminal proceedings is an autonomous concept of Union law interpreted by the Court of Justice of the European Union, notwithstanding the case law of the European Court of Human Rights, starting from the time when persons are informed by the competent authorities of a Member State that they are suspected or accused of having committed a criminal offence until the conclusion of those proceedings, to be understood as the final determination of the question whether the suspect or accused person has committed the criminal offence, including, where applicable, sentencing and the resolution of any appeal.
2023/11/08
Committee: LIBE
Amendment 41 #

2023/0093(COD)

Proposal for a regulation
Recital 23
(23) This Regulation shouldall not impose any obligation to request a transfer of criminal proceedings. When assessing whether a request for transfer of criminal proceedings should be issued, the requesting authority shouldall examine whether such a transfer is necessary and appropriate. This assessment shouldall be carried out on a case-by-case basis in order to identify the Member State that is best placed to prosecute the criminal offence in question.
2023/11/08
Committee: LIBE
Amendment 46 #

2023/0093(COD)

Proposal for a regulation
Recital 29
(29) Suspects or accused persons or victims should have the possibility to requestpropose for the criminal proceedings concerning them to be transferred to another Member State. These requests shouldproposals shall not however impose any obligation on the requesting or requested authority to request or transfer criminal proceedings. If the authorities become aware of parallel criminal proceedings on the basis of a requestproposal of transfer submitted by the suspect or accused person, or the victim, or a lawyer on their behalf, then they are under the obligation to consult each other in accordance with the Framework Decision 2009/948/JHA.
2023/11/08
Committee: LIBE
Amendment 49 #

2023/0093(COD)

Proposal for a regulation
Recital 30
(30) The requesting authority should inform as soon as possible the suspect or accused person of the intended transfer and should provide for the possibility for such person to express their opinion orally or in writing, in accordance with applicable national law, to enable the authorities to take into accountregister their legitimate interests before issuing a request for transfer. When assessing the legitimate interest of the suspect or accused person to be informed about the intended transfer, the requesting authority should take into account the need to ensure confidentiality of an investigation and the risk of prejudicing criminal proceedings against that person, e.g. whenever it is necessary to safeguard an important public interest, such as in cases where such information could prejudice ongoing covert investigations or seriously harm the national security of the Member State in which the criminal proceedings are instituted. Where the requesting authority cannot locate the suspect or accused person despite its reasonable efforts being made, the obligation to inform such person should apply from the moment these circumstances change.
2023/11/08
Committee: LIBE
Amendment 51 #

2023/0093(COD)

Proposal for a regulation
Recital 34
(34) The requested State should ensure access to effective legal remedies for suspects and accused persons, as well as for victims, against the decision to accept the transfer of criminal proceedings in line with Article 47 of the Charter and the procedures applicable under national law, whenever their rights are adversely affected in the application of this Regulation. The grounds for refusal in Article 13 may serve as an additional basis for assessment in order to ascertain whether a legal remedy should be pursued. Where discretion is granted under Article 13(2)(b), the competent authority in the requested state should be empowered to verify whether the authority in the requested state has made manifest errors in the exercise of that discretion.
2023/11/08
Committee: LIBE
Amendment 53 #

2023/0093(COD)

Proposal for a regulation
Recital 34 a (new)
(34 a) Member States shall provide that suspects, accused persons and victims have the right of access to the file as well as any other procedural rights which are necessary to effectively exercise their right to an effective remedy. The access to the file shall be limited to the documents related to the transfer of criminal proceedings and in order to exercise their right to an effective remedy.
2023/11/08
Committee: LIBE
Amendment 56 #

2023/0093(COD)

(39) The requested authority should inform the requesting authority of its reasoned decision on whether to accept the transfer of criminal proceedings without delay and no later than 60 days after the receipt of the request for transfer of criminal proceedings. In specific cases, when it is not feasible for the requested authority to comply with this period, for instance if it considers that additional information is necessary, it may only be extended for further 30 days to avoid excessive delays. In some cases the requested authority might not be known to the requesting authority or the requested authority might not have competence to take a decision under Article 12. Ultimately, the competent authority in the requested Member State shall issue an acknowledgement of receipt of the request.
2023/11/08
Committee: LIBE
Amendment 57 #

2023/0093(COD)

Proposal for a regulation
Recital 40
(40) Transfer of a criminal proceeding should not be refused on grounds other than those provided for in this Regulation. To be able to accept the transfer of criminal proceedings, prosecution of the facts underlying the criminal proceedings that are subject to the transfer should be possible in the requested State. The requested authority should not accept the transfer of criminal proceedings when the conduct for which transfer is sought is not a criminal offence in the requested State, or when the requested State does not have jurisdiction over that criminal offence, unless it exercises jurisdiction provided under this Regulation. Furthermore, the transfer of criminal proceedings should not be accepted in case of other impediments to prosecution in the requested State. The requested authority shouldall also be able to refuse a transfer of criminal proceedings, if the suspect or accused person benefits from an immunity or privilege in accordance with the law of the requested State, e.g. in relation to certain categories of persons (such as diplomats) or specifically protected relationships (such as lawyer- client privilege), or if the requested authority believes that such transfer is not justified by the interests of efficient and proper administration of justice, for instance because none of the criteria for requesting a transfer of criminal proceedings are met, or if the certificate for a request for transfer is incomplete or was incorrectly completed by the requesting authority, thus not enabling the requested authority to have the necessary information to assess the request for transfer of criminal proceedings.
2023/11/08
Committee: LIBE
Amendment 59 #

2023/0093(COD)

Proposal for a regulation
Recital 43 a (new)
(43 a) Once a transfer of proceedings has been granted and in order to facilitate an efficient process of the transfer the requesting and requested authorities may consult each other to determine the necessary documents or parts of such documents to be forwarded, as well as to be translated, where necessary. However, the decision to only send parts of the documents should be balanced and based on a careful consideration of the documents in question so as to not prejudice the fairness of the proceedings.
2023/11/08
Committee: LIBE
Amendment 61 #

2023/0093(COD)

Proposal for a regulation
Recital 50
(50) The use of a standardised certificate translated in all official Union languages wouldshall facilitate cooperation and the exchange of information between the requesting and requested authorities, allowing them to take a decision on the request for transfer more quickly and effectively. It also reduces translation costs and contributes to higher quality of requests.
2023/11/08
Committee: LIBE
Amendment 64 #

2023/0093(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall apply in all cases of transfer of criminal proceedings in the Union at the latest from the time where a person has been identified as a suspect.
2023/11/08
Committee: LIBE
Amendment 67 #

2023/0093(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6
(6) ‘victim’ means a victim as defined in Article 2(1), point (a), of Directive 2012/29/EU, or a legal person, as defined by national law, that has suffered harm or economic loss as a direct result of a criminal offence that is the object of criminal proceedings to which this Regulation applies.
2023/11/08
Committee: LIBE
Amendment 70 #

2023/0093(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point d
(d) there are ongoing criminal proceedings in the requested State against the suspect or accused person in respect of other facts and the suspect or accused person is a national or resident of the requested State;deleted
2023/11/08
Committee: LIBE
Amendment 71 #

2023/0093(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point e
(e) there are ongoing criminal proceedings in the requested State in respect of the same or partially the same facts against other persons and the suspect or accused person in the criminal proceedings to be transferred is a national or resident of the requested State.deleted
2023/11/08
Committee: LIBE
Amendment 72 #

2023/0093(COD)

Proposal for a regulation
Article 4
Waiver, suspension or discontinuation of Any Member State having jurisdiction under its national law to prosecute a criminal offence may, for the purposes of applying this Regulation, waive, suspend or discontinue criminal proceedings against a suspect or accused person, in order to allow for the transfer of criminal proceedings in respect of that criminal offence to the requested State.Article 4 deleted criminal proceedings
2023/11/08
Committee: LIBE
Amendment 76 #

2023/0093(COD)

(i) the enforcement of the sentence in the requested State is likely to improve the prospects for social rehabilitation of the person sentenced or there are other reasons for a more appropriate enforcement of the sentence in the requested State;deleted
2023/11/08
Committee: LIBE
Amendment 78 #

2023/0093(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point j a (new)
(j a) the consultations of Member States' competent authorities under Framework Decision 2009/958/JHA on the prevention of conflicts of jurisdiction have resulted in an agreement on the concentration of the parallel proceedings in one Member State.
2023/11/08
Committee: LIBE
Amendment 80 #

2023/0093(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. The suspect or accused person, or the majority of victims, or a lawyer on their behalf, may also request the competent authorities of the requesting State or of the requested State to initiate a procedure for transferring criminal proceedings under this Regulation. Requests made under this paragraph shall not create an obligation for the requesting or the requested State to request or transfer criminal proceedings to the requested State.deleted
2023/11/08
Committee: LIBE
Amendment 84 #

2023/0093(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Before a request for transfer of criminal proceedings is issued, the requesting authority shall, in accordance with applicable national law, give due consideration to the legitimate interests of the suspect or accused person and ensure that their procedural rights under Union and national law are respected.
2023/11/08
Committee: LIBE
Amendment 85 #

2023/0093(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. Provided that it would not undermine the confidentiality of an investigation, the suspect or accused person shall or otherwise prejudice the investigation, the suspect or accused person, who has already been notified of the accusation, may, in accordance with applicable national law, be informed of the intended transfer of criminal proceedings, in a language which they understand, and shallmay be given an opportunity to state their opinion orally or in writing, unless that person cannot be located despite reasonable efforts being made by the requesting authority. Where the requesting authority considers it necessary in view of the suspect’s or accused person’s age or their physical or mental condition, the opportunity to state their opinion shallmay be given to their legal representative. Where the request for transfer of criminal proceedings follows a request from the suspect or accused person under Article 5(3), such a consultation with the suspect or accused person who made the request is not required.
2023/11/08
Committee: LIBE
Amendment 88 #

2023/0093(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. The opinion referred to in paragraph 2 of the suspect or accused person shall be taken into accountregistered by the requesting authority when deciding whether to request the transfer of criminal proceedings.
2023/11/08
Committee: LIBE
Amendment 89 #

2023/0093(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. Where the requested authority has taken a decision in accordance with Article 12(1), the requesting authority shall, provided that it would not undermine the confidentiality of an investigation or otherwise prejudice the investigation, immediately inform the suspect or accused person, in a language which they understand, about the issuing of the request for transfer of criminal proceedings and the subsequent acceptance or refusal of the transfer by the requested authority, unless that person cannot be located despite reasonable efforts being made by the requesting authority. If the requested authority has taken a decision to accept the transfer of criminal proceedings, the suspect or accused person shall also be informed about their right to a legal remedy in the requested State, including about the time limits for such a remedy. Where appropriate, the requesting authority may seek the assistance of the requested authority in carrying out this task.
2023/11/08
Committee: LIBE
Amendment 93 #

2023/0093(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Before a request for transfer of criminal proceedings is made, the requesting authority shall, in accordance with applicable national law, and give due consideration to the legitimate interests of the victim and ensure that their rights under Union and national law are respected.
2023/11/08
Committee: LIBE
Amendment 95 #

2023/0093(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Provided that it would not undermine the confidentiality of an investigation, and where the or otherwise prejudice the investigation, victims residesing in the requesting State, they shall who have requested to receive information in accordance with Directive 2012/29/EU, may, in accordance with applicable national law, be informed of the intended transfer of criminal proceedings, in a language which they understand, and shallmay be given an opportunity to state their opinion orally or in writing. Where the requesting authority considers it necessary in view of the victim’s age or his or her physical or mental condition, that opportunity shallmay be given to victim’s legal representative.
2023/11/08
Committee: LIBE
Amendment 97 #

2023/0093(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. The opinion referred to in paragraph 2 of the victim shall be taken into accountregistered by the requesting authority when deciding whether to request the transfer of criminal proceedings.
2023/11/08
Committee: LIBE
Amendment 98 #

2023/0093(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. Where the requested authority has taken a decision in accordance with Article 12(1), the requesting authority shall, provided that it would not undermine the confidentiality of an investigation or otherwise prejudice the investigation, immediately inform the victim or victims residing in the requesting State, who have requested to receive information in accordance with Directive 2012/29/EU, in a language which they understand, about the issuing of the request for transfer of criminal proceedings and the subsequent acceptance or refusal of the transfer by the requested authority. If the requested authority has accepted the transfer of criminal proceedings, the victim shall also be informed about their right to a legal remedy available in the requested State, including about the time limits for such a remedy. Where appropriate, the requesting authority may seek the assistance of the requested authority in carrying out this task.
2023/11/08
Committee: LIBE
Amendment 101 #

2023/0093(COD)

Proposal for a regulation
Article 7 – paragraph 4 a (new)
4 a. In exceptional cases, for example due to the high number of victims involved in a case, it should be possible to provide information under paragraph 2 and 4 through the press, through an official website of the competent authority or through a similar communication channel.
2023/11/08
Committee: LIBE
Amendment 103 #

2023/0093(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The right to a legal remedy shall be exercised before a court in the requested State in accordance with its law. The court shall examine the legality of the decision to accept the transfer of criminal proceedings in the light of the relevant articles in this Regulation and, where possible, shall take its decision on the legal remedy within 60 days.
2023/11/08
Committee: LIBE
Amendment 107 #

2023/0093(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. The time limit for seeking a legal remedy shall be no longer than 2014 days from the date of receipt of information about the decision referred to in Article 12(1).
2023/11/08
Committee: LIBE
Amendment 108 #

2023/0093(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. Where the request for transfer of criminal proceedings is issued after the suspect’s or accused person’s indictment, the invocation of a legal remedy against a decision to accept the transfer of criminal proceedings, shall have suspensive effect.deleted
2023/11/08
Committee: LIBE
Amendment 110 #

2023/0093(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. The requested authority shall inform the requesting authority about the legal remedies sought under this Article and about their final outcome without undue delay.
2023/11/08
Committee: LIBE
Amendment 113 #

2023/0093(COD)

Proposal for a regulation
Article 9 – paragraph 8 a (new)
8 a. The competent authority in the requested Member State shall issue an acknowledgement of receipt of the request.
2023/11/08
Committee: LIBE
Amendment 117 #

2023/0093(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. The requested authority shall take a reasoned decision on whether to accept the transfer of criminal proceedings and shall decide, in accordance with its national law, what measures to take thereon. It shall inform the requesting authority of its reasoned decision in accordance with the time limits of Article 14.
2023/11/08
Committee: LIBE
Amendment 119 #

2023/0093(COD)

Proposal for a regulation
Article 12 – paragraph 5
5. When the requested authority has accepted the transfer of criminal proceedings, and only after the decision on the legal remedy has been taken, the requesting authority shall without delay forward the original or a certified copy of the case file or relevant parts thereof, accompanied by their translation into an official language of the requested State or any other language that the requested State will accept in accordance with Article 30(1), point (c). Where necessary, the requesting and requested authorities may consult each other in order to determine the necessary documents or parts of such documents to be forwarded, as well as to be translated.
2023/11/08
Committee: LIBE
Amendment 120 #

2023/0093(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)
(a a) there is an immunity or a privilege under the law of the requested State which makes it impossible to take action;
2023/11/08
Committee: LIBE
Amendment 122 #

2023/0093(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point a
(a) there is an immunity or a privilege under the law of the requested State which makes it impossible to take action;deleted
2023/11/08
Committee: LIBE
Amendment 124 #

2023/0093(COD)

Proposal for a regulation
Article 13 – paragraph 2 – point d a (new)
(d a) the action underlying the proceedings is not a punishable offence where the action took place and hence there is no jursidiction under the law of the requested state.
2023/11/08
Committee: LIBE
Amendment 133 #

2023/0093(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. Consultations mayshall also take place before the request for transfer of criminal proceedings is issued, in particular with a view to determining whether the transfer would serve the interests of efficient and proper administration of justice. In order to propose the transfer of criminal proceedings from the requesting State, the requested authority mayshall also consult with the requesting authority about the possibility of issuing a request for transfer of criminal proceedings.
2023/11/08
Committee: LIBE
Amendment 134 #

2023/0093(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. Requests for consultations shall be answered without undue delay.
2023/11/08
Committee: LIBE
Amendment 136 #

2023/0093(COD)

Proposal for a regulation
Article 16 – paragraph 1
The requesting and requested authorities may, at any stage of the procedure, request the assistance of Eurojust or the European Judicial Network in accordance with their respective competences. In particular, where appropriate, Eurojust may facilitate consultations referred to in Articles 12(29(7), 12(2) and 12(5), 13(3), 15 and, 17(2) and 19.
2023/11/08
Committee: LIBE
Amendment 138 #

2023/0093(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. At the latest upon receipt of the notification of the acceptance by the requested authority of a transfer of criminal proceedings, those criminal proceedings shall be suspended or discontinued in the requesting State in accordance with national law, unless a legal remedy under Article 8 has been invoked with suspensive effect and until such time when the final decision on the legal remedy is taken.
2023/11/08
Committee: LIBE
Amendment 139 #

2023/0093(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point b
(b) maintain necessary investigative or other procedural measures, including measures to prevent the suspect or accused person from absconding, previously adopted that are necessary in order to execute a decision based on Framework Decision 2002/584/JHA or another mutual recognition instrument or a request for mutual legal assistance. These measures may also be maintained if the mutual recognition request has not yet been issued, under the condition that it is likely to be issued without undue delay once the request for transfer has been accepted.
2023/11/08
Committee: LIBE
Amendment 140 #

2023/0093(COD)

Proposal for a regulation
Article 19 – paragraph 2 – point b a (new)
(b a) coordinate as soon as possible with the requested authority and with the involvement of Eurojust on maintaining provisional measures already taken in the requesting Member State.
2023/11/08
Committee: LIBE
Amendment 143 #

2023/0093(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. The requesting authority may continue or reopen criminal proceedings, if the requested authority informs it of its decision to discontinue criminal proceedings related to the facts underlying the request for transfer of criminal proceedings, unless that decision, under the national law of the requested State, definitively bars further prosecution and has been given following a determination of the merits of the case, therefore preventsing further criminal proceedings, in respect of the same acts, in the requested State.
2023/11/08
Committee: LIBE
Amendment 147 #

2023/0093(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. Paragraph 3 shall not affect to the right of victims to initiate or to request reopening of criminal proceedings against the suspect or accused person in the requesting State, when the national law of that State so provides, unless the decision by the requested authority to discontinue criminal proceedings, under the national law of the requested State, definitively bars further prosecution and has been given following a determination of the merits of the case, therefore preventing therefore prevents further criminal proceedings, in respect of the same acts, in that State.
2023/11/08
Committee: LIBE
Amendment 148 #

2023/0093(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. Provided that it is not contrary to the fundamental principles of law of the requested State, any act carried out for the purposes of the criminal proceedings or preparatory inquiries performed by competent authorities in the requesting State or any act interrupting or suspending the period of limitation shall have the same validity in the requested State as if it had been validly performed by its own authoritiesonly if such act qualifies as an act interrupting or suspending the period of limitation under national law.
2023/11/08
Committee: LIBE
Amendment 151 #

2023/0093(COD)

Proposal for a regulation
Article 20 – paragraph 3
3. Evidence transferred by the requesting authority shall not be denied admission in criminal proceedings in the requested State on the mere ground that the evidence was gathered in another Member State. The evidence gathered in the requesting State may be used in criminal proceedings in the requested State, provided that the admissibility of such evidence is not contrary to the fundamental principles of law of the requested Statefree judicial appraisal of evidence should be maintained.
2023/11/08
Committee: LIBE
Amendment 153 #

2023/0093(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. Provided that a custodial sentence or detention order is issued in the requested State, the latter shall deduct all periods of detention spent in the requesting State, which were imposed in the context of the transferred criminal proceedings, from the total period of detention to be served in the requested State as a result of a custodial sentence or detention order being issued. To that end, the requesting authority shall transmit to the requested authority all information concerning the period of detention spent by the suspect or accused person in the requesting State. The competent authority in the requested state may however decide that all or part of the credit shall be omitted if it is not justified in the light of the conduct of the convicted person following the offence.
2023/11/08
Committee: LIBE
Amendment 154 #

2023/0093(COD)

Proposal for a regulation
Article 20 – paragraph 6
6. The sentence applicable to the criminal offence shall be the one prescribed by the law of the requested State unless that law provides otherwise. The requested authority may take into consideration, in accordance with the applicable national law, the maximum sentence set out in the law of the requesting State, when the criminal offence has been perpetrated in the territory of the requesting State. Where the jurisdiction is exclusively based on Article 3, the sentence imposed in the requested State shall not be more severe than the maximum sentence set out in the law of the requesting State.
2023/11/08
Committee: LIBE
Amendment 156 #

2023/0093(COD)

Proposal for a regulation
Article 21 – paragraph 1
The requestedcompetent authority in the requested Member State shall inform the requesting authority of the discontinuation of criminal proceedings or of any decision delivered at the end of the criminal proceedings, including whether that decision, under the national law of the requested State, definitively bars further prosecution and therefore prevents further criminal proceedings, in respect of the same acts, in that State or of other information of substantial value. It shall forward a copy of the written decision delivered at the end of the criminal proceedings to the requesting authority.
2023/11/08
Committee: LIBE
Amendment 157 #

2023/0093(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part
1. Member States shall regularly collect comprehensive sStatistics for the purpose of monitoring the application of this Regulation by the Commission. Authorities shall maintain those statistics and shall shall be collected at regular intervals. Such statistics should be collected through the decentralisend them to the Commission each year. They may process pIT system provided by the Regulation and only if they are available at a central level in the Member State concerned. Personal data necessary for the production of the statistics may be processed. Those statistics shall includare:
2023/11/08
Committee: LIBE
Amendment 158 #

2023/0093(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point c
(c) the number of investigations and prosecutions that were not pursued following the acceptance of a transfer of criminal proceedings;deleted
2023/11/08
Committee: LIBE
Amendment 159 #

2023/0093(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point e
(e) the number of legal remedies sought against the decisions to accept the transfer of criminal proceedings, including whether by a suspect, accused person or a victim, and the number of successfully challenged decisions;deleted
2023/11/08
Committee: LIBE
Amendment 160 #

2023/0093(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point f
(f) as of four years after the date of entry into force of the implementing acts referred to in Article 23(1), the costs incurred under Article 25(2).deleted
2023/11/08
Committee: LIBE
Amendment 199 #

2023/0053(COD)

Proposal for a directive
Recital 2
(2) The current framework, should be updated to be fit for the new era, sustainable, inclusive, smart and resilient. It should take into account the need to reduce emissions from transport, also through a greater uptake of alternatively powered vehicles, digitalisation, the demographic trends and technological developments to reinforce the competitiveness of the European Economy. It is important to simplify and digitise administrative procedures, in order to remove the remaining barriers, such as administrative burdens, to the free movement of the drivers taking up residence in a Member State other than the one issuing the licence. A harmonized Union standard driving licence framework should encompass both physical and mobile driving licences, and provide for their mutual recognition, where they were duly issued in accordance with this Directive.
2023/09/26
Committee: TRAN
Amendment 200 #

2023/0053(COD)

Proposal for a directive
Recital 2
(2) The current framework, should be updated to be fit for the new era, sustainable, inclusive, smart and resilient. It should take into account the need to reduce emissions from transport, digitalisation, the demographic trends and technological developments to reinforce the competitiveness of the European Economy. It is important to simplify and digitise administrative procedures, in order to remove the remaining barriers, such as administrative burdens, to the free movement of the drivers taking up residence in a Member State other than the one issuing the licence. A harmonized Union standard driving licence framework should encompass both physical and mobile driving licences of all categories, and provide for their mutual recognition, where they were duly issued in accordance with this Directive.
2023/09/26
Committee: TRAN
Amendment 201 #

2023/0053(COD)

Proposal for a directive
Recital 3 a (new)
(3a) In order to further harmonise and complete the “Community model”, the mutual recognition of driving licences issued by Member States should be extended to licences of motorised, wheeled or tracked agricultural or forestry vehicles having at least two axles as referred to in Article 3, point 8 of Regulation (EU) No 167/2013.
2023/09/26
Committee: TRAN
Amendment 205 #

2023/0053(COD)

Proposal for a directive
Recital 5
(5) This Directive establishes a legal basis for the storage of an obligatory set of personal data in the physical driving licences and their microchips or QR codes and the mobile driving licences, for the purposes of proving and verifying the person’s right to drive and identification, in order to guarantee a high level of road safety throughout the Union, and in compliance with Article 6(1)(e) and, where applicable, Article 9(2)(g) of Regulation (EU) 2016/679. Such data should be limited to what is necessary to prove a person’s right to drive, identify this person and verify the person’s driving rights and identity. This Directive also provides for additional safeguards to ensure the protection of personal data disclosed during the verification process.
2023/09/26
Committee: TRAN
Amendment 208 #

2023/0053(COD)

Proposal for a directive
Recital 10
(10) The digital transformation is one of the Union’s priorities. In the case of road transport, it will contribute to remove the remaining administrative barriers, such as the ones relating to the duration of issuing physical driving licences, to free movement of persons. Therefore, a separate Union standard should be established for the mobile driving licences issued within the Union. In order to facilitate digital transformation mobile driving licences should be issued as default fromin addition to the physical driving licence [date-of-adoption+4years], without prejudice to the applicant’s right to acquireresign either from a physical one or bor a digital one. The applicant should have right to acquire the type of the driving licence, which he or she initially resigned from. Member States should make sure th at the same timerequested document is delivered without undue delay and no later than within 2 weeks from the date it was requested.
2023/09/26
Committee: TRAN
Amendment 211 #

2023/0053(COD)

Proposal for a directive
Recital 12
(12) The Sustainable and Smart Mobility Strategy sets out a vision for the EU to significantly improve sustainability of mobility and transport. Emissions from the road transport sector include greenhouse gases emissions, air pollutants, noise and microplastics from tyre and road wear. Greater presence of alternatively fuelled vehicles is key to green transition. Their new models of a higher weight would be available in driving licence categories B, C or D, which has to be taken into consideration by this legislation. Driving style influences these emissions, with possible negative impacts on the environment and human health. Therefore, driving training should equip drivers to reduce their impact on emissions as well as to prepare them to drive zero- emission vehicles.
2023/09/26
Committee: TRAN
Amendment 214 #

2023/0053(COD)

Proposal for a directive
Recital 15 a (new)
(15a) Individual means of transport play a key role for millions of European citizens, including for people living in rural areas and among persons with reduced mobility. Therefore, Member States should consider appropriate infrastructure in urban, peri-urban and rural areas necessary to reduce road accidents and traffic congestion as well as targeted policies and support schemes for those at risk of transport poverty.
2023/09/26
Committee: TRAN
Amendment 221 #

2023/0053(COD)

Proposal for a directive
Recital 16
(16) The minimum ages of applicants for the different categories of driving licences should be set at Union level. Nevertheless, Member States should be allowed to set a higher age limit for the driving of certain categories of vehicles in order to further promote road safety. Member States should in exceptional circumstances be allowed to set lower age limits in order to take account of national circumstances. In particular, to allow for example the driving of fire service and public order maintenance related vehicles or pilot projects related to new vehicle technologies.
2023/09/26
Committee: TRAN
Amendment 230 #

2023/0053(COD)

Proposal for a directive
Recital 19
(19) Proof of compliance with minimum standards of physical and mental fitness for driving by drivers of vehicles used for the transport of persons or goods should be provided when the driving licence is issued and periodically thereafter. Such regular control in accordance with national rules of compliance with minimum standards would contribute to the free movement of persons, avoid distortions of competition and better take into account the specific responsibility of drivers of such vehicles. Member States should be allowed to impose medical examinations as a guarantee of compliance with the minimum standards of physical and mental fitness for driving other power- driven vehicles. For reasons of transparency, such examinations should coincide with a renewal of driving licences.deleted
2023/09/26
Committee: TRAN
Amendment 254 #

2023/0053(COD)

Proposal for a directive
Recital 30
(30) It should be ensured that drivers who newly acquire their driving licence in a given category do not endanger road safety on account of their inexperience. For those novice drivers a probationary period of two years should be established, during which they should be subjected to stricter rules and penalties Union-wide when breaking them, due to for example the influence of alcohol or drugs, failing to use safety equipment, driving without a valid driving licence. Such stricter rules towards novice drivers might be enforced for example through national demerit points systems. The penalties for such conduct should be effective, proportionate, dissuasive and non-discriminatory and their severity should to the furthest extent possible take into account the Union’s mid- term and long-term goals of halving and nearly eliminating deaths and serious injuries. As regards any other restrictions on novice drivers, Member States should be allowed to freely implement additional rules in their territory.
2023/09/26
Committee: TRAN
Amendment 262 #

2023/0053(COD)

Proposal for a directive
Recital 34
(34) The EU driving licence network aims to guarantee the recognition of documents and acquired rights originating in Member States, combat document fraud, avoid the issuance of multiple licences and facilitate the enforcement of driving disqualifications. It should be equally used to exchange information from national demerit point systems on traffic offences committed by foreign drivers. In particular, Member States should be given the possibility to systematically verify that the reasons, that led to any previously imposed restrictions, suspensions, withdrawals or cancellations of a driving licence or the right to drive, have disappeared. The use of RESPER for the implementation of other acts of the Union should only be permitted as long as those uses are explicitly provided for by this Directive.
2023/09/26
Committee: TRAN
Amendment 264 #

2023/0053(COD)

Proposal for a directive
Recital 37
(37) In a context of gradual digitalisation and automation, of ever more stringent emission reduction requirements of road transport, as well as of constant technological progress of power-driven vehicles, it is necessary to keep all drivers up to date in terms of knowledge about road safety and sustainability. The promotion of lifelong training, including through feedback interventions with proof of participation and recommendations provided by a driving instructor, traffic psychologist or driving examiner, can be key in keeping experienced drivers’ skills up to date in terms of road safety, new technologies, ecodriving, which improves fuel efficiency and reduces emissions, and speed management.
2023/09/26
Committee: TRAN
Amendment 271 #

2023/0053(COD)

Proposal for a directive
Article 1 – paragraph 2
2. This Directive does not apply to power-driven vehicles running on wheels or tracks, having at least two axles, the principal function of which lies in their tractive power, which are specially designed to pull, push, carry or operate certain tools, machines or trailers used in connection with agricultural or forestry operations, and the use of which for carrying persons or goods by road or drawing, on the road, vehicles used for the carriage of persons or goods is only a secondary function.deleted
2023/09/26
Committee: TRAN
Amendment 275 #

2023/0053(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 12 d (new)
(12d) ‘motor caravan’ means a vehicle of category M with living accommodation space which contains the following equipment as a minimum: (a) seats and table; (b) sleeping accommodation which may be converted from the seats; (c) cooking facilities; (d) storage facilities. This equipment shall be rigidly fixed to the living compartment. However, the table may be designed to be easily removable1a. __________________ 1a Regulation (EU) 2018/858 of the European Parliament and of the Council, Annex I, Part A, point 5.1, page 97.
2023/09/26
Committee: TRAN
Amendment 282 #

2023/0053(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 12 c (new)
(12c) ‘ambulance’ means a vehicle of category M intended for the transport of sick or injured persons and having special equipment for such purpose, as referred to in Annex I, Part A, point 5.3. of Regulation (EU) No 2018/8581a; __________________ 1a Regulation (EU) 2018/858 of the European Parliament and of the Council, Annex I, Part A, point 5.3, page 97.
2023/09/26
Committee: TRAN
Amendment 286 #

2023/0053(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 12 a (new)
(12a) ‘alternatively fuelled vehicles’1a means a motor vehicle powered wholly or in part by an alternative fuel and which has been approved under the framework of Regulation EU 2018/858; __________________ 1a Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic.
2023/09/26
Committee: TRAN
Amendment 288 #

2023/0053(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 12 b (new)
(12b) ‘alternative fuels’1a means fuels or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute to its decarbonisation and enhance the environmental performance of the transport sector, consisting of: (a) electricity consumed in all types of electric vehicles; (b) hydrogen; (c) natural gas, including biomethane, in gaseous form (Compressed Natural Gas — CNG) and liquefied form (Liquefied Natural Gas — LNG); (d) Liquefied Petroleum Gas (LPG); (e) mechanical energy from on-board storage/on-board sources, including waste heat. __________________ 1a ‘alternative fuels’ mean fuels or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute to its decarbonisation and enhance the environmental performance of the transport sector, consisting of: (a) electricity consumed in all types of electric vehicles; (b) hydrogen; (c) natural gas, including biomethane, in gaseous form (Compressed Natural Gas — CNG) and liquefied form (Liquefied Natural Gas — LNG); (d) Liquefied Petroleum Gas (LPG); (e) mechanical energy from on- board storage/on-board sources, including waste heat.
2023/09/26
Committee: TRAN
Amendment 292 #

2023/0053(COD)

Proposal for a directive
Article 3 – paragraph 4
4. By [date-of-adoption+4 years], Member States shall ensure that onlyboth mobile driving licences and physical driving licence are issued by default. Until that date, Member States may decide to issue mobile driving licences.
2023/09/26
Committee: TRAN
Amendment 296 #

2023/0053(COD)

Proposal for a directive
Article 3 – paragraph 5
5. By way of derogation from paragraph 4, upon request of the applicant, Member States shall provide the opportunity for resigning from a physical driving licence to be issued instead of, or together with,or a mobile driving licence.
2023/09/26
Committee: TRAN
Amendment 302 #

2023/0053(COD)

Proposal for a directive
Article 4 – paragraph 4
4. Member States shall ensure that by 19 January 20303, all physical driving licences issued or in circulation fulfil all the requirements of this Directive.
2023/09/26
Committee: TRAN
Amendment 303 #

2023/0053(COD)

Proposal for a directive
Article 4 – paragraph 5 – subparagraph 1
Member States may decide to introduce a storage medium (microchip) as part of the physical driving licence. Where a Member State decides to introduce a microchip as part of their physical driving licence it may, where its national laws related to driving licences provide for it, also decide to store data additional to what is specified in Annex I, Part D, on the microchip. The retention period for the personal data stored in the microchip should be aligned with the validity of the driving licence.
2023/09/26
Committee: TRAN
Amendment 308 #

2023/0053(COD)

Proposal for a directive
Article 5 – paragraph 7 a (new)
7a. With a view to ensure the worldwide use and recognition of the European mobile driving licence, Member States shall work towards a corresponding amendment to the Geneva Convention on Road Traffic of September 19, 1949, the International Convention on Motor Transport of April 24, 1926 and the Vienna Convention on Road Traffic of November 8, 1968. The Commission shall provide assistance in this regard.
2023/09/26
Committee: TRAN
Amendment 323 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c – point ii – indent 1
– motor vehicles with a maximum authorised mass not exceeding 3 504 250 kg and designed and constructed for the carriage of no more than eight passengers in addition to the driver.
2023/09/26
Committee: TRAN
Amendment 328 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c – point viii – indent 1
– motor vehicles designed and constructed for the carriage of no more than 1622 passengers in addition to the driver and with a maximum length not exceeding 8 meters.
2023/09/26
Committee: TRAN
Amendment 332 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c – point xi a (new)
(xia) category T: – all wheeled tractors; each wheeled tractor category described in point xi b (new) to xi h (new) is supplemented at the end by an ‘a’ or ‘b’ index according to its design speed: – ‘a’ for wheeled tractors with a maximum design speed below or equal to 40 km/h; – ‘b’ for wheeled tractors with a maximum design speed above 40 km/h;
2023/09/26
Committee: TRAN
Amendment 333 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c – point xi b (new)
(xib) category T1: – wheeled tractors, with the closest axle to the driver having a minimum track width of not less than 1 150 mm, with an unladen mass, in running order, of more than 600 kg, and with a ground clearance of not more than 1 000 mm;
2023/09/26
Committee: TRAN
Amendment 334 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c – point xi c (new)
(xic) category T2: – comprises wheeled tractors with a minimum track width of less than 1 150 mm, with an unladen mass, in running order, of more than 600 kg, with a ground clearance of not more than 600 mm; if the height of the centre of gravity of the tractor (measured in relation to the ground) divided by the average minimum track for each axle exceeds 0,90, the maximum design speed shall be restricted to 30 km/h;
2023/09/26
Committee: TRAN
Amendment 335 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c – point xi d (new)
(xid) category T3’: – comprises wheeled tractors with an unladen mass, in running order, of not more than 600 kg;
2023/09/26
Committee: TRAN
Amendment 336 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c – point xi e (new)
(xie) category T4: – comprises special purpose wheeled tractors;
2023/09/26
Committee: TRAN
Amendment 337 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c – point xi f (new)
(xif) category T4.1: – tractors designed for working with high-growing crops, such as vines. They feature a raised chassis or section of chassis, enabling them to advance in parallel with the crop with left and right wheels on either side of one or more rows of the crop. They are intended for carrying or operating tools which may be fitted at the front, between the axles, at the rear or on a platform. When the tractor is in working position the ground clearance perpendicular to the crop rows exceeds 1 000 mm. Where the height of the centre of gravity of the tractor, measured in relation to the ground, using the tyres normally fitted, divided by the average minimum track of all of the axles exceeds 0,90, the maximum design speed shall not exceed 30 km/h;
2023/09/26
Committee: TRAN
Amendment 338 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c – point xi g (new)
(xig) category T4.2: – tractors characterised by their large dimensions, primarily intended for working large areas of farmland;
2023/09/26
Committee: TRAN
Amendment 339 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c – point xi h (new)
(xih) category T4.3: – four- wheel drive tractors whose interchangeable equipment is intended for agricultural or forestry use and which are characterised by a supporting frame, equipped with one or more power take- offs, having a technically permissible mass no greater than 10 tonnes, for which the ratio of this mass to the maximum unladen mass in running order is less than 2,5 and having the centre of gravity, measured in relation to the ground using the tyres normally fitted, of less than 850 mm;
2023/09/26
Committee: TRAN
Amendment 341 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
With the prior agreement of the Commission, which shall assess the impact of the proposed measure on road safety, Member States may exclude from the application of this Article certain specific types of power-driven vehicles, including special vehicles for persons with disabilities or vehicles used in construction sector often classified as non-road mobile machinery.
2023/09/26
Committee: TRAN
Amendment 344 #

2023/0053(COD)

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Member States may exclude from the application of this Directive types of vehicles used by, or under the control of, the armed forces and, civil defence and rescue services. They shall inform the Commission thereof. Member States shall mutually recognise such an exclusion.
2023/09/26
Committee: TRAN
Amendment 357 #

2023/0053(COD)

Proposal for a directive
Article 7 – paragraph 1 – point d a (new)
(da) 18 years for categories C and CE, D1 and D1E, for professional drivers using driving licence nationally and internationally, under the condition of holding a Certificate for Professional Competence (CPC) referred to in Article 6(1) of Directive (EU) 2022/2561;
2023/09/26
Committee: TRAN
Amendment 368 #

2023/0053(COD)

Proposal for a directive
Article 7 – paragraph 1 – point e a (new)
(ea) 21 years for categories D and DE, for professional drivers using driving licence nationally and internationally, under the condition of holding a Certificate for Professional Competence (CPC) referred to in Article 6(1) of Directive (EU) 2022/2561.
2023/09/26
Committee: TRAN
Amendment 380 #

2023/0053(COD)

Proposal for a directive
Article 7 – paragraph 3 – subparagraph 1 (new)
Member States may mutually recognise the validity on their territory of driving licences issued to drivers under the minimum ages as set out in this paragraph.
2023/09/26
Committee: TRAN
Amendment 400 #

2023/0053(COD)

Proposal for a directive
Article 9 – paragraph 2 – point a a (new)
(aa) licences issued for categories B, BE, C, C1E, CE, D, D1E or DE shall be valid for combinations of vehicles in category T;
2023/09/26
Committee: TRAN
Amendment 405 #

2023/0053(COD)

Proposal for a directive
Article 9 – paragraph 2 – point g a (new)
(ga) two years after a driving licence, granted for category B, was issued for the first time it shall be valid for driving ambulances as defined in Article 2 (12c) and motor caravans as defined in Article 2 (12d) of this directive that are up to 4250 kg;
2023/09/26
Committee: TRAN
Amendment 407 #

2023/0053(COD)

Proposal for a directive
Article 9 – paragraph 2 – point h
(h) two years after a driving licence, granted for category B, was issued for the first time it shall be valid for driving the alternatively fuelled vehicles, as referred to in Article 2 of Council Directive 96/53/EC63 with a maximum authorised mass above 3 500 kg but not exceeding 4 250 kg without a trailer. __________________ 63 Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59)(12a) of this Directive for categories M and N established by Regulation EU 2018/858, that are intended to be used on public roads, including those designed and constructed in one or more stages with a maximum authorised mass above 3 500 kg but not exceeding 4 250 kg without a trailer, and for the transport of passengers with a maximum seat capacity of 8 seats excluding the driver.
2023/09/26
Committee: TRAN
Amendment 421 #

2023/0053(COD)

Proposal for a directive
Article 9 – paragraph 2 – point h a (new)
(ha) two years after a driving licence granted for category BE was issued for the first time it shall authorise driving vehicles, as referred in Article 2 (12a) of this Directive for categories M and N established by Regulation EU 2018/858, that are intended to be used on public roads, including those designed and constructed in one or more stages, with a maximum authorised mass above 3 500 kg but not exceeding 4 250 kg without a trailer. These vehicles may be combined with a trailer or semi-trailer where the maximum authorised mass of the trailer or semi-trailer does not exceed 3 500 kg;
2023/09/26
Committee: TRAN
Amendment 429 #

2023/0053(COD)

Proposal for a directive
Article 9 – paragraph 2 – point h b (new)
(hb) three years after a driving licence, granted for category C1, was issued for the first time, it shall be valid for driving the alternatively fuelled vehicles referred to in Article 2 (12a) with a maximum authorised mass above 7 500 kg but not exceeding 8 250 kg without a trailer and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver. These vehicles may be combined with a trailer having maximum authorized mass which does not exceed 750 kg;
2023/09/26
Committee: TRAN
Amendment 434 #

2023/0053(COD)

Proposal for a directive
Article 9 – paragraph 2 – point h c (new)
(hc) three years after a driving licence, granted for category C1E, was issued for the first time, it shall be valid for the vehicles referred to in Article 9(2), point (hb) and its trailer or semi-trailer having a maximum authorised mass of over 750 kg provided that the authorised mass of the combination does not exceed 12 750 kg;
2023/09/26
Committee: TRAN
Amendment 435 #

2023/0053(COD)

Proposal for a directive
Article 9 – paragraph 2 – point h d (new)
(hd) four years after a driving licence, granted for category D1, was issued for the first time, it shall be valid for vehicles designed and constructed for the carriage of no more than 22 passengers in addition to the driver and with a maximum length not exceeding 8 meters.
2023/09/26
Committee: TRAN
Amendment 436 #

2023/0053(COD)

Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 (new)
In its second implementation report to the European Parliament and the Council referred to in Article 20 of this directive, the Commission shall assess the impact of development and deployment of alternatively fuelled vehicles and/or the use of Article 9 (2) point (h) till point (hd) on road safety, and where necessary, update the mass thresholds by means of a delegated act in accordance with Article 21.
2023/09/26
Committee: TRAN
Amendment 449 #

2023/0053(COD)

Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 – introductory part
The minimum duration of the administrative validity of driving licences issued by Member States shall be as follows:
2023/09/26
Committee: TRAN
Amendment 451 #
2023/09/26
Committee: TRAN
Amendment 452 #

2023/0053(COD)

Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 – point a
(a) 15 years for categories AM, A1, A2, A, B, B1, BE and BET;
2023/09/26
Committee: TRAN
Amendment 461 #

2023/0053(COD)

Proposal for a directive
Article 10 – paragraph 2 – subparagraph 6
Member States shall reduce the periods of administrative validity set out in the first subparagraph to five years or less for driving licences of holders residing on their territory having reached the age of 70, in order to apply an increased frequency of medical checks or other specific measures, including refresher courses. This reduced period of administrative validity shall only be applied upon renewal of the driving licence.deleted
2023/09/26
Committee: TRAN
Amendment 485 #

2023/0053(COD)

Proposal for a directive
Article 10 – paragraph 7 – subparagraph 1
No person may hold more than one physical driving licence. A person may however hold severalstore a mobile driving licences, provided that these are issued by the same Member State on several devices.
2023/09/26
Committee: TRAN
Amendment 489 #
2023/09/25
Committee: TRAN
Amendment 490 #

2023/0053(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Subject to observance of the principle of territoriality of criminal and police laws, the Member State of normal residence may apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the holder of a driving licence issued by another Member State and, if necessary, exchange the licence for that purpose. Member States may, for the purposes of this paragraph, also exchange the driving licence of a driver having normal residence on their territory if he or she accumulated or lost the sufficient number of penalty points under their national demerit point system.
2023/09/25
Committee: TRAN
Amendment 492 #

2023/0053(COD)

Proposal for a directive
Article 11 a (new)
Article11a Interim driving licence 1. During the replacement, renewal or exchange of a driving licence that was issued by another Member State where the holder has his or her normal residence, the Member State performing the replacement, renewal or exchange shall issue an interim driving licence in a form of a certificate. The Commission shall propose standardised form of such a certificate through a delegated act by the end of 2025 with due regard to any risk of forgery of such a document in accordance with Article 21. 2. The certificate issued by a Member State under this Article shall be valid for a period of one month or shorter and be mutually recognised by Member States. Where the replacement, renewal or exchange of the driving licence is taking longer amount of time Member States may renew this certificate twice, each for the period of one month or shorter.
2023/09/25
Committee: TRAN
Amendment 497 #

2023/0053(COD)

Proposal for a directive
Article 12 – paragraph 10 a (new)
10a. The Commission may assess that a third country has professional driver training and/or certification rules and examination procedures, which are wholly or partially comparable to the Union one, and a level of road safety that is comparable to the Union, which allows for the Certificate of Professional Competence (CPC) issued by the third country to be exchanged with a new CPC issued by a Member State. Where the Commission identifies such a third country, it may assess the third country’s road transport framework in cooperation with the Member States. Member States shall have six months to provide their opinion on the road transport framework in place in the identified third country. The Commission shall proceed with the assessment once it has received an opinion from all Member States or once the time limit for sending the opinions has passed, whichever is earlier. The Commission may, after conducting the assessment referred to in the previous subparagraphs and by means of implementing decisions allow for the exchange of the third country CPC upon completion of the following criteria: - completing an additional competence training as defined in the implementing decision, conducted in one of the official EU languages, - any other additional criteria to ensure that the knowledge of the driver is aligned with the level required by Directive (EU) 2022/256, as defined by the implementing decision.
2023/09/25
Committee: TRAN
Amendment 510 #

2023/0053(COD)

Proposal for a directive
Article 14 – paragraph 1
1. By way of derogation from Article 7(1), points (b) and (d) respectively, Member States shall issue driving licences, in accordance with Article 10(1), for categories B, C and C1 marked with the Union code 98.02 specified in Annex I, Part E, to applicants who have reached the age of 17 years.
2023/09/25
Committee: TRAN
Amendment 521 #

2023/0053(COD)

Proposal for a directive
Article 14 – paragraph 2 – point b
(b) holds an EU driving licence of the relevant category issued more than five years ago;
2023/09/25
Committee: TRAN
Amendment 532 #

2023/0053(COD)

Proposal for a directive
Article 14 – paragraph 2 – point e
(e) in the case of a vehicle of category C and C1 has the qualification and training provided by Directive (EU) 2022/2561.;
2023/09/25
Committee: TRAN
Amendment 541 #

2023/0053(COD)

Proposal for a directive
Article 14 – paragraph 2 – subparagraph 1 (new)
Member States may decide to increase the duration of the training to 14-hours.
2023/09/25
Committee: TRAN
Amendment 545 #

2023/0053(COD)

Proposal for a directive
Article 14 – paragraph 4 a (new)
4a. Member States may reduce the age set out in paragraph 1 in order to run pilot projects and collect data on the effect of accompanied driving schemes with a lower age. If a Member State wishes to make use of this option, it shall submit a reasoned request to the Commission. The Commission shall assess the reasoned request and render a decision within 3 months. The provisions of paragraphs 2, 3 and 4 shall remain applicable, should a derogation be granted by the Commission.
2023/09/25
Committee: TRAN
Amendment 546 #
2023/09/25
Committee: TRAN
Amendment 551 #

2023/0053(COD)

Proposal for a directive
Article 15 – paragraph 1
1. The holder of a driving licence of a given category issued for the first time shall be considered a novice driver and shall be subject to a probationary period of at least two years.
2023/09/25
Committee: TRAN
Amendment 557 #

2023/0053(COD)

Proposal for a directive
Article 15 – paragraph 2
2. Member States shall lay down rules on penalties for novice drivers who drive with a blood alcohol or drug level exceeding 0.0g/mL and take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non-discriminatory.
2023/09/25
Committee: TRAN
Amendment 562 #

2023/0053(COD)

Proposal for a directive
Article 15 – paragraph 2 a (new)
2a. Member States shall lay down rules on penalties for novice drivers who - fail to use safety equipment, - drive without a valid driving licence and take all measures necessary to ensure that they are implemented. Member State may use for that purpose their national demerit point systems. Those penalties shall be effective, proportionate, dissuasive and non-discriminatory.
2023/09/25
Committee: TRAN
Amendment 570 #

2023/0053(COD)

Proposal for a directive
Article 15 – paragraph 5 a (new)
5a. For drivers obtaining a new category during their probationary period for category B, the probationary period for the new category can be reduced/merged based on the already completed probationary period, which cannot be shorter than six months.
2023/09/25
Committee: TRAN
Amendment 572 #

2023/0053(COD)

Proposal for a directive
Article 15 – paragraph 5 b (new)
5b. Member States are encouraged to include age-appropriate training on road safety rules and traffic risk awareness trainings as part of their elementary and secondary school curricula. Member States may use revenues earmarked under Directive 2015/413 to financially support such initiatives. The Commission may use the resources indicated in Article 8a of the same Directive to also financially support such initiatives.
2023/09/25
Committee: TRAN
Amendment 574 #

2023/0053(COD)

Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Driving examiners already working in that capacity before 19 January 2013entry into force of this Directive shall be subject only to the requirements concerning quality assurance and regular periodic training measures.
2023/09/25
Committee: TRAN
Amendment 578 #

2023/0053(COD)

Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
For the purposes of this Directive, normal residence shall be the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal andor occupational ties, orand, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he or she is living.
2023/09/25
Committee: TRAN
Amendment 581 #

2023/0053(COD)

Proposal for a directive
Article 17 – paragraph 4
4. By way of derogation from Article 10(1), point (e) and for the specific purpose of the first issuance of a driving licence of category B, an applicant whose Member State of normal residence is different from his or her Member State of citizenship may have his or her driving licence issued by the latter, where the Member State of normal residence does not provide for the possibility to pass the theoretical or practical tests in one of the official EU languages of the Member State of citizenship or with an interpreter.
2023/09/25
Committee: TRAN
Amendment 585 #

2023/0053(COD)

Proposal for a directive
Article 18 – paragraph 1
1. Member States shall apply the equivalences established by Commission Decision (EU) 2016/194564 between entitlements obtained before 19 January 2013entry into force of this Directive and the categories set out in Article 6 of this Directive. __________________ 64 Commission Decision (EU) 2016/1945 of 14 October 2016 on equivalences between categories of driving licences (OJ L 302, 9.11.2016, p. 62).
2023/09/25
Committee: TRAN
Amendment 586 #

2023/0053(COD)

Proposal for a directive
Article 18 – paragraph 2
2. Any entitlement to drive granted before 19 January 2013entry into force of this Directive shall not be removed or in any way qualified by the provisions of this Directive.
2023/09/25
Committee: TRAN
Amendment 592 #

2023/0053(COD)

Proposal for a directive
Article 21 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(8), Article 5(6), Article 8(2), Article 10(89(2)(new), Article 10(8), Article 16(2) and Article 16(21(a)(new) shall be conferred on the Commission for a period of five years from [Date of entry into force of the Directive]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.
2023/09/25
Committee: TRAN
Amendment 593 #

2023/0053(COD)

Proposal for a directive
Article 21 – paragraph 3
3. The delegation of power referred to in Article 4(8), Article 5(6), Article 8(2), Article 10(89(2)(new), Article 10(8), Article 16(2) and Article 16(21(a)(new) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2023/09/25
Committee: TRAN
Amendment 594 #

2023/0053(COD)

Proposal for a directive
Article 21 – paragraph 6
6. A delegated act adopted pursuant to Article 4(8), Article 5(6), Article 8(2), Article 10(89(2)(new), Article 10(8), Article 16(2) and Article 16(21(a)(new) 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 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.
2023/09/25
Committee: TRAN
Amendment 599 #

2023/0053(COD)

Proposal for a directive
Article 23 – paragraph 1
Proposal for a Directive on the Driving licences
Article 14
(c) from the age of 17, a vehicle in licence category C and C1, provided they hold a CPC as referred to in Article 6(1) and only under the conditions laid down in Article 14(2) of Directive [REFERENCE- TO- THIS-DIRECTIVE];
2023/09/25
Committee: TRAN
Amendment 605 #

2023/0053(COD)

Proposal for a directive
Article 23 – paragraph 1 a (new)
Directive (EU) 2022/2561
Article 5 – paragraph 3 – point a
In Article 5, paragraph 3, point a is replaced by following: "3. Drivers of a vehicle intended for the carriage of passengers may drive: (a) from the age of 21: (i) a vehicle in driving licence categories D and D + E to carry passengers on regular services where the route does not exceed 50 kilometres and a vehicle in driving licence categories D1 and D1 + E, provided that they hold a CPC as referred to in Article 6(2). Any Member State may authorise drivers of vehicles in one of those categories to drive such vehicles within its territory from the age of 18, provided that they hold a CPC as referred to in Article 6(1); (ii) a vehicle in driving licence categories D and D + E, provided that they hold a CPC as referred to in Article 6(1). Any Member State may authorise drivers of vehicles in one of those categories to drive such vehicles within its territory from the age of 20, provided that they hold a CPC as referred to in Article 6(1). This may be reduced to the age of 18 where the driver drives such vehicles without passengers;lower the minimum age for categories D and DE for professional bus and coach drivers to 18 years on their territory, provided that drivers have undergone a full professional training and are holders of a Certificate for Professional Competence (CPC) according to the provisions of Article 6(1), of Directive (EU) 2022/2561;"
2023/09/25
Committee: TRAN
Amendment 622 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point A – point 2 – paragraph 1 – point i a (new)
(ia) basics of first aid
2023/09/25
Committee: TRAN
Amendment 624 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point A – point 2 – paragraph 1 – point i b (new)
(ib) risks involved in the interaction between different vehicle types due to different scale and driving dynamics.
2023/09/25
Committee: TRAN
Amendment 627 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point A – point 4 – introductory part
4. Specific provisions concerning categories C, CE, C1, C1E, D, DE, D1, D1E and D1ET
2023/09/25
Committee: TRAN
Amendment 637 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point A – point 4 – point 1 – point f
(f) rules on vehicle weights and dimensions; rules on speed limiters, purpose and use of retarders/exhaust and brakes;
2023/09/25
Committee: TRAN
Amendment 644 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point A – point 4 – point 1 – point h a (new)
(ha) defensive and eco-driving: distance to the vehicle in front; curve overtaking, change of lane, priority; rules, speed limits;
2023/09/25
Committee: TRAN
Amendment 648 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point A – point 4 – point 1 – point i
(i) safety factors relating to vehicle loading: controlling the load (stowing and fastening), difficulties with different kinds of load (for instance liquids, hanging loads, …), loading and unloading goods and the use of loading equipment (categories C, CE, C1, C1E, T only);
2023/09/25
Committee: TRAN
Amendment 654 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 5 – point 1 – point d – paragraph 1
Specific provisions concerning vehicles of category BE, C, CE, C1, C1E, D, DE, D1, D1E and D1ET
2023/09/25
Committee: TRAN
Amendment 658 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 5 – point 2 – point g – paragraph 1
A category C vehicle with a maximum authorised mass of at least 12 000 kg, a length of at least 8 m, a width of at least 2,40 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes, equipped with digital or analog recording equipment as defined by Regulation (EU) No 165/2014; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; the vehicle shall be presented with a minimum of 10 000 kg real total mass;
2023/09/25
Committee: TRAN
Amendment 664 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 5 – point 2 – point h – paragraph 1
Either an articulated vehicle or a combination of a category C test vehicle and a trailer of at least 7,5 m in length; both the articulated vehicle and the combination shall have a maximum authorised mass of at least 20 000 kg, a length of at least 14 m and a width of at least 2,40 m, shall be capable of a speed of at least 80 km/h, fitted with anti-lock brakes, equipped with digital or analog recording equipment as defined by Regulation (EU) No 165/2014; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; both the articulated vehicle and the combination shall be presented with a minimum of 15 000 kg real total mass;
2023/09/25
Committee: TRAN
Amendment 671 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 5 – point 2 – point k – paragraph 1
A category D vehicle with a length of at least 10 m, a width of at least 2,40 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with digital or analog recording equipment as defined by Regulation (EU) No 165/2014;
2023/09/25
Committee: TRAN
Amendment 680 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 5 – point 2 – point n a (new)
(na) Category T Vehicle combinations consisting of a Class T tractor and a trailer: (a) the maximum speed of the tractor determined by the design is more than 40 km/h, (b) maximum speed of the vehicle combination more than 40 km/h, (c) dual-line brake system, (d) trailer with at least a closed loading area (chassis without a closed floor not permitted), (e) length of the trailer when using a rigid drawbar trailer at least 4.5 m and (f) length of the vehicle combination at least 7.5 m.
2023/09/25
Committee: TRAN
Amendment 692 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 8 – introductory part
8. Skills and behaviour to be tested concerning categories C, CE, C1, C1E, D, DE, D1, D1E and D1ET
2023/09/25
Committee: TRAN
Amendment 693 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 8 – point 1 – paragraph 1 – point f
(f) checking the safety factors relating to vehicle loading: body, sheets, cargo doors, loading mechanism (if available), cabin locking (if available), way of loading, securing load (categories C, CE, C1, C1E, T only);
2023/09/25
Committee: TRAN
Amendment 694 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 8 – point 1 – paragraph 1 – point g
(g) checking the coupling mechanism and the brake and electrical connections (categories CE, C1E, DE, D1E, T only);
2023/09/25
Committee: TRAN
Amendment 697 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 8 – point 2 – point a
(a) coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line) (categories CE, C1E, DE, D1E, T only);
2023/09/25
Committee: TRAN
Amendment 698 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 8 – point 2 – point c
(c) parking safely for loading/unloading at a loading ramp/platform or similar installation (categories C, CE, C1, C1E, T only);
2023/09/25
Committee: TRAN
Amendment 699 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 8 – point 3 – paragraph 1 – point e
(e) changing direction: left and right turns; changing lanes, making a U turn;
2023/09/25
Committee: TRAN
Amendment 702 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 8 – point 3 – paragraph 1 – point h
(h) special road features (if available): roundabouts: roundabouts; taking roundabout with a large vehicle; right and left driving; railway level crossings; tram/bus stops; pedestrian crossings; riding up-/downhill on long slopes; tunnels;
2023/09/25
Committee: TRAN
Amendment 704 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 8 – point 3 – paragraph 1 – point i a (new)
(ia) the various trailer to truck coupling mechanisms, taking into account the fifth wheel coupling for articulated vehicles (for semi-trailers), and drawbar hitch coupling for drawbar trailers (rigid truck), as well as the standard operating procedures and protocols for connecting and disconnecting trailers from trucks while using these coupling mechanisms;
2023/09/25
Committee: TRAN
Amendment 706 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 8 – point 3 – paragraph 1 – point i b (new)
(ib) the precautions to be taken when entering and exiting a vehicle in a safe way;
2023/09/25
Committee: TRAN
Amendment 709 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 8 – point 4 – point a
(a) driving in such a way as to ensure safety and to reduce fuel/energy consumption and emissions during acceleration, deceleration, uphill and downhill driving, distance to the vehicle in front, curve overtaking, change of lane, priority rules, speed limits;
2023/09/25
Committee: TRAN
Amendment 713 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 9 – point 3 – point a
(a) controls the vehicle; taking into account: proper use of safety belts, modern safety and driving aids, rear- view mirrors, head restraints; seat; proper use of lights and other equipment; proper use of clutch, gearbox, accelerator, braking systems (including third braking system, if available), steering; controlling the vehicle under different circumstances, at different speeds; steadiness on the road; the weight and dimensions and characteristics of the vehicle; the weight and type of load (categories BE, C, CE, C1, C1E, DE, D1E only); the comfort of the passengers (categories D, DE, D1, D1E only) (no fast acceleration, smoothly driving and no hard braking);
2023/09/25
Committee: TRAN
Amendment 714 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 9 – point 3 – point a
(a) controls the vehicle; taking into account: proper use of safety belts, rear- view mirrors, head restraints; seat; proper use of lights and other equipment; proper use of clutch, gearbox, accelerator, braking systems (including third braking system, if available), steering; controlling the vehicle under different circumstances, at different speeds; steadiness on the road; the weight and dimensions and characteristics of the vehicle; the weight and type of load (categories BE, C, CE, C1, C1E, DE, D1E, T only); the comfort of the passengers (categories D, DE, D1, D1E only) (no fast acceleration, smoothly driving and no hard braking);
2023/09/25
Committee: TRAN
Amendment 719 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 9 – point 3 – point b
(b) drives economically and in a safe and energy-efficient way, taking into account the revolutions per minute, changing gears, braking and accelerating including use of intrinsic in-vehicle driving and/or safety aids (categories B, BE, C, CE, C1, C1E, D, DE, D1, D1E only);
2023/09/25
Committee: TRAN
Amendment 721 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 9 – point 3 – point c
(c) complies with observation rules: all-round observation; proper use of mirrors; including new technologies; far, middle, near distance vision;
2023/09/25
Committee: TRAN
Amendment 727 #

2023/0053(COD)

Proposal for a directive
Annex II – Part I – point B – point 9 – point 3 – point j
(j) controls braking and stopping: decelerating in time, braking or stopping according to circumstances; anticipation; using the various braking systems (only for categories C, CE, D, DE); using speed reduction systems other than the brakes including use of in-vehicle technologies (only for categories C, CE, D, DE).
2023/09/25
Committee: TRAN
Amendment 731 #
2023/09/25
Committee: TRAN
Amendment 733 #

2023/0053(COD)

Proposal for a directive
Annex III – point 3
3. Group 1: Applicants shall perform a self- assessment of their physical and mental fitness for driving a power-driven vehicle. The applicants shall be required to undergo a medical examination if it becomes apparent, from the self- assessment of their physical and mental fitness, when the necessary formalities are being completed or during the tests which they have to undergo prior to obtaining a driving licence, that they are likely to have one or more of the medical incapacities mentioned in this Annex. Drivers shall be subject to the same procedure when their driving licences are renewed.deleted
2023/09/25
Committee: TRAN
Amendment 735 #

2023/0053(COD)

Proposal for a directive
Annex III – point 3 – paragraph 1
Applicants shall perform a self- assessment of their physical and mental fitness for driving a power-driven vehicle.deleted
2023/09/25
Committee: TRAN
Amendment 739 #

2023/0053(COD)

Proposal for a directive
Annex III – point 3 – paragraph 2
The applicants shall be required to undergo a medical examination if it becomes apparent, from the self- assessment of their physical and mental fitness, when the necessary formalities are being completed or during the tests which they have to undergo prior to obtaining a driving licence, that they are likely to have one or more of the medical incapacities mentioned in this Annex.deleted
2023/09/25
Committee: TRAN
Amendment 743 #

2023/0053(COD)

Proposal for a directive
Annex III – point 3 – paragraph 3
Drivers shall be subject to the same procedure when their driving licences are renewed.deleted
2023/09/25
Committee: TRAN
Amendment 746 #

2023/0053(COD)

Proposal for a directive
Annex III – point 3 a (new)
3 a. The Commission shall develop and promote evidence-based guidelines for family doctors and psychologists involved in assessing the functional capabilities of someone suspected of being an unfit driver and support Member States in developing and evaluating educational programmes for family doctors that are both effective and accepted by medical practitioners.
2023/09/25
Committee: TRAN
Amendment 768 #

2023/0053(COD)

Proposal for a directive
Annex III – point 11 – paragraph 2 – point 1 – paragraph 2
Neurological disturbances associated with diseasesevelopmental conditions, diseases or medical or surgical intervention affecting the central or peripheral nervous system, which lead to cognitive, behavioural, sensory or motor impairments and affect function, balance and coordination, shall accordingly be taken into account in relation to their functional effects and the risks of progression. In such cases, the issue or renewal of the licence may be subject to periodic assessment in the event of risk of deterioration.
2023/09/25
Committee: TRAN
Amendment 773 #

2023/0053(COD)

Proposal for a directive
Annex III – point 13 – paragraph 2 – point 1 – point a
(a) severe mental, cognitive or behavioural impairment, whether congenital or due to disease, trauma or neurosurgical operations;
2023/09/25
Committee: TRAN
Amendment 774 #

2023/0053(COD)

Proposal for a directive
Annex III – point 13 – paragraph 2 – point 1 – point b
(b) severe intellectual impairment;deleted
2023/09/25
Committee: TRAN
Amendment 777 #

2023/0053(COD)

Proposal for a directive
Annex III – point 13 – paragraph 2 – point 1 – point c
(c) severe behavioural problems, ageing-linked behavioural problems; or personality impairments leading to seriously impaired judgment, behaviour or adaptability,
2023/09/25
Committee: TRAN
Amendment 44 #

2023/0052(COD)

Proposal for a directive
Recital 17
(17) As a minimum, the information letter should include, using wording that is understandable to those without legal expertise, detailed information on the legal classification and legal consequences of the offence, in particular as the sanctions for the offences covered by the scope of Directive (EU) 2015/413 can be of a non- pecuniary nature, such as restrictions placed on the offender’s right to drive. The right of appeal should also be supported by providing detailed information on where and how to exercise the rights of defence or lodge an appeal in the Member State of the offence, in a language that the person concerned understands. A description of in absentia procedures should also be provided when applicable, as the presumed liable person may not plan to return to the Member State of offence to participate in the proceedings. Payment options and ways to mitigate the volume of the sanctions should also be made easily understandable in order to incentivise voluntary cooperation. Finally, as the information letter should be the first document the owner, holder or end user of the vehicle or any other presumed liable person receives, it should contain the information under Article 13 of Directive (EU) 2016/680 of the European Parliament and of the Council63 , which, pursuant to Article 13(2)(d) should include information from which source the personal data originate, and Articles 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council64. This information should be provided in the information letter either directly or by way of reference to the place where it is made available. __________________ 63 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, (OJ L 119, 4.5.2016, p. 89). 64 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), (OJ L 119, 4.5.2016, p. 1).
2023/07/08
Committee: TRAN
Amendment 50 #

2023/0052(COD)

Proposal for a directive
Recital 31
(31) An online portal (the “CBE Portal”) should be established to provide road users in the Union with comprehensive information on road-safety-related traffic rules in place in Member States and allow road users to communicate with Member State authorities in an effective and secure manner. The information should be understandable and accessible. The portal should also facilitate communication between Member States’ authorities on various issues related to the cross-border investigation of road-safety- related traffic offences, such as for the verification of the authenticity of information letters and follow-up documents to eliminate the possibility of fraud. The exchanged personal data should be limited to what is necessary for the cross-border investigations and enforcement of sanctions, particularly the payment of financial penalties. The CBE Portal should be able to connect to other relevant portals, networks, websites or platforms to facilitate the exchange of information related to the enforcement of road-safety- related traffic rules. The Commission should be the controller of the CBE Portal, in accordance with Regulation 2018/1725.
2023/07/08
Committee: TRAN
Amendment 134 #

2023/0052(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/413
Article 5 – paragraph 2 – point g
(g) where applicable, detailed information on the name, address and International Bank Account Number (IBAN) of the authority where an imposed financial penalty can be settled, on the deadline for the payment and on viable alternative and accessible payment methods, in particular specific software applications, as long as those methods are accessible to both residents and non- residents;
2023/07/08
Committee: TRAN
Amendment 137 #

2023/0052(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/413
Article 5 – paragraph 2 – point i
(i) where applicable, detailed information on whether and how the sanctions for the offences listed in Article 2(1) can be mitigated, including by early payment of a financial penalty if applicable;
2023/07/08
Committee: TRAN
Amendment 140 #

2023/0052(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive (EU) 2015/413
Article 5 – paragraph 3
(3) By way of derogation from paragraph 2, Member States shall ensure that in the case where the liable person is a non-resident driver who was checked on the spot in a road control, the information letter contains at least the data listed in paragraph 2, points (c), (d), (e), (g) and (gi).
2023/07/08
Committee: TRAN
Amendment 150 #

2023/0052(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive (EU) 2015/413
Article 5 – paragraph 2
Member States shall ensure that the information letter is sent no later than one month from the registratcommission of a road- safety-related traffic offence listed in Article 2(1), or where more information letters need to be sent during the investigation, 15 days from the event that made sending the subsequent information letters necessary.
2023/07/08
Committee: TRAN
Amendment 129 #

2023/0042(COD)

Proposal for a regulation
Recital 39 a (new)
(39a) The assessment of the full life- cycle CO2 emissions of heavy-duty vehicles at Union level is important. Hence, the Commission should develop a methodology for the assessment and the consistent data reporting of the full life- cycle CO2 emissions of heavy-duty vehicles that are placed on the Union market.
2023/06/09
Committee: TRAN
Amendment 155 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i – introductory part
(i) the following points (16) to (235) are added:
2023/06/09
Committee: TRAN
Amendment 156 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
Regulation (EU) 2019/1242
Article 3 – point 23 a (new)
(23a) ‘CO2 Neutral Fuel’ means a renewable and/or synthetic fuel as defined by Directive 2018/2001 including biofuel, biogas, biomass fuel, Renewable liquid and gaseous transport Fuel of Non Biological Origin – RFNBO or a Recycled Carbon Fuel – RCF, where the emissions of the fuel in use (eu) can be taken to be net zero, meaning that the CO2 equivalent of the carbon incorporated in the chemical composition of the fuel in use eu is of biogenic origin and/or has been avoided being emitted as CO2 into the atmosphere or has been captured from ambient air or has avoided its existing fate. Other renewable and/or synthetic fuels not listed in Directive 2018/2001 can fulfil this definition provided that they meet the above criteria and the sustainability criteria of said Directive and associated delegated acts. A mixture of two or more CO2 neutral fuels is considered a CO2 neutral fuel.
2023/06/09
Committee: TRAN
Amendment 161 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point i
(23b) ‘Carbon Correction Factor (CCF)’ means a factor which applies a correction to the CO2 tailpipe emissions of vehicles for compliance assessment, to reflect the GHG emission intensity and the share of CO2 Neutral Fuels, as defined in paragraph 24 of this article.
2023/06/09
Committee: TRAN
Amendment 266 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) 2019/1242
Article 15 – paragraph 1
The Commission shall, ino later than 20286, review the effectiveness and impact of this Regulation and submit a reporpublish a report setting out a methodology for the assessment and the consistent data reporting of the full life-cycle CO2 emissions of heavy-duty vehicles that are placed on the Union market. The Commission shall transmit to the European Parliament and to the Council with the result of the reviewthat report.
2023/06/09
Committee: TRAN
Amendment 276 #

2023/0042(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EU) 2019/1242
Article 15 – paragraph 2
The report shall, where appropriate, beBy 2026, the Commission is empowered to adopt delegated acts to set out ac companied by a proposal for amending this Regulationmon Union methodology for the assessment and the consistent data reporting of the full life-cycle CO2 emissions of heavy- duty vehicles.
2023/06/09
Committee: TRAN
Amendment 41 #

2023/0033(COD)

Proposal for a directive
Recital 3
(3) New and revised limit values should be set out in light of available information, including up-to-date scientific evidence and technical data, based on a thorough assessment of the socioeconomic and cultural impact and availability of exposure measurement protocols and techniques at the place of work.
2023/06/08
Committee: EMPL
Amendment 94 #

2023/0033(COD)

Proposal for a directive
Recital 15 a (new)
(15a) The central aim of this legislation is to ensure a comprehensive level of protection for workers and also to protect the cultural heritage of the European Union. Therefore, a sectoral exemption for the occupational substance lead should be introduced for activities, which are essential for cultural activities in Europe. It should be regularly reviewed whether these regulations are still necessary for the preservation of Europe's cultural heritage.
2023/06/08
Committee: EMPL
Amendment 138 #

2023/0033(COD)

Proposal for a directive
Article 2 – paragraph -1 – point 4 (new)
Directive 2004/37/EC
Article 5 – paragraph 4 a (new)
(4) in Article 5, the following paragraph 4a is inserted: "4a. The limit values set out in Annex III for the occupational substance "inorganic lead and its compounds" and Annex IIIa for the occupational substance "lead and its ionic compounds" shall not apply to activities which, in accordance to Annex IIIb, are of substantial importance for the preservation of the cultural heritage and cultural diversity of the European Union."
2023/06/08
Committee: EMPL
Amendment 194 #

2023/0033(COD)

Proposal for a directive
Annex II – paragraph 1 a (new)
Directive 2004/37/EG
Annex III
Annex IIIb (new) Exemptions for activities of substantial importance for the preservation of the cultural heritage and cultural diversity of the European Union A. The following activities are covered by the exemption under Article 5 (4a): 1. List of activities of essential significance for the preservation of cultural heritage and cultural diversity of the European Union I. Manufacture, restoration and repair of musical instruments II. Preservation of cultural assets in museums and cultural institutions III. Preservation of historical monuments IV. Construction of new pipe organs (Annex III is amended by adding an Annex IIIb)
2023/06/08
Committee: EMPL
Amendment 3 #

2022/2046(INI)

Draft opinion
Recital B
B. whereas the recent crises, in particular the Russian war against Ukraine, pose severe challenges for the EU transport sector, its businesses and its workers, in particular supply chain disruptions and rising fuel and energy prices, and require a coordinated response at EU level backed by adequate budgetary means;
2022/07/07
Committee: TRAN
Amendment 7 #

2022/2046(INI)

Draft opinion
Recital B a (new)
B a. whereas a combination of higher energy and transport prices would impact all citizens, and in particular low-income households, with increased risk of transport poverty;
2022/07/07
Committee: TRAN
Amendment 8 #

2022/2046(INI)

Draft opinion
Recital B b (new)
B b. whereas higher fuel cost for aviation, road and maritime transport is having a direct impact on final goods and services prices and the increase of fuel prices is affecting the recovery of tourism from the pandemic;
2022/07/07
Committee: TRAN
Amendment 10 #

2022/2046(INI)

Draft opinion
Recital B c (new)
B c. whereas Members states should aim to reduce the cost of doing business by lowering VAT and energy taxes, abolishing levies on energy and flexible application of state aid rules;
2022/07/07
Committee: TRAN
Amendment 12 #

2022/2046(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Calls on the Commission to urgently carry out an economic and social assessment of the consequences of the war on all modes of transport in the EU market and to swiftly present, where necessary, support, including through further legislative and/or financial measures within MFF framework, to mitigate the negative effects and to ensure the well-functioning, level-playing field and the fair completion for the European transport sector;
2022/07/07
Committee: TRAN
Amendment 15 #

2022/2046(INI)

Draft opinion
Paragraph 1 b (new)
1 b. Calls on the Commission to continue exploring ways to support the transport of passengers or any kinds of goods towards/from Ukraine and its neighbouring EU countries as humanitarian aid and to provide for the necessary relief in terms of road tolls, infrastructure charges, access during weekends, taxation etc;
2022/07/07
Committee: TRAN
Amendment 16 #

2022/2046(INI)

Draft opinion
Paragraph 1 c (new)
1 c. Supports the Commission’s proposal to conclude transport agreements with Ukraine and Moldova, by partly liberalising road transport for their hauliers, which will allow to shift important export goods from sea routes – currently unavailable due to the Russian military aggression – and to make increased use of EU sea ports for the export and import goods to and from Ukraine; strongly supports in this respect the rapid rehabilitation of formerly abandoned rail and waterway links between Ukraine and Romania in particular; calls on the Commission to explore financial support within the MFF;
2022/07/07
Committee: TRAN
Amendment 19 #

2022/2046(INI)

Draft opinion
Paragraph 2
2. Reiterates its calls for increased financing of transport infrastructure through EU funding, particularly the Connecting Europe Facility (CEF); suggests to this end, for the current multiannual financial framework (MFF), the mobilisation of unused funds under the Recovery and Resilience Facility and calls on the Commission to plan an ambitious successor programme to CEF II for the MFF 2028- 2034, with reinforced funding;
2022/07/07
Committee: TRAN
Amendment 21 #

2022/2046(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Calls on the Commission to support Ukraine and its efforts to strengthen rail connections between Ukraine and the EU. Specific funds should be provided to increase the wagon shifting and transhipment capacity at the Ukrainian border in connection with increasing upstream and downstream rail infrastructure capacity both on the EU and Ukrainian side;
2022/07/07
Committee: TRAN
Amendment 23 #

2022/2046(INI)

Draft opinion
Paragraph 3
3. Stresses that the CEF is a key enabler for achieving the objectives of the trans-European transport network (TEN-T) policy, in particular the completion of European Rail Traffic Management System (ERTMS) and cross-border missing links; points out that investment needs in the TEN-T are estimated at EUR 500 billion to complete the core network by 2030 and EUR 1500 billion for the entire network by 2050 including measures for accelerated ERTMS deployment and the implementation of technical specifications for interoperability ; highlights the strategic value of the TEN-T and CEF for meeting new objectives as regards the EU sustainable and smart mobility strategy, enhanced military mobility in the EU and stronger connectivity with our strategic partners in non-EU countries and a fast and widespread deployment of alternative fuels infrastructures throughout the Union;
2022/07/07
Committee: TRAN
Amendment 25 #

2022/2046(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Strongly regrets the severe cut of the final envelope on the newly created military mobility budget line under the Connecting Europe Facility (CEF II) programme 2021-2027, when adopting the figures under the Multiannual Financial Framework 2021-2027, especially in light of the current needs; calls on the Commission to find and present solutions to significantly increase the military mobility budget line under the CEF II programme and suggests the mobilisation of unused funds under the Recovery and Resilience Facility (RRF) in this regard in order to strengthen our common European security; emphasizes the importance of ensuring that military mobility aspects are thoroughly assessed and addressed both in terms of infrastructure and funding, with a view to ensure optimal cross-border cooperation and mobility within the Union; in this respect, calls on the Commission to propose targeted support of major infrastructure projects better connecting all Member States and to increase transport infrastructure connections with the Western Balkans, Moldova, Georgia and Ukraine; asks in particular for a strengthening of all major dual use infrastructure leading to the Union’s Eastern border;
2022/07/07
Committee: TRAN
Amendment 29 #

2022/2046(INI)

Draft opinion
Paragraph 3 b (new)
3 b. Reiterates that the funding for European transport agencies and joint undertakings should match their level of responsibility;
2022/07/07
Committee: TRAN
Amendment 30 #

2022/2046(INI)

Draft opinion
Paragraph 3 c (new)
3 c. Regrets the recent downscale of the EU funding available to the European Railway Agency (ERA) and recommends that over the next few years the Agency is provided with a level of resources and EU subsidies more commensurate to the increasingly urgent tasks concerned with the implementation of the Fourth Railway Package and with the need to ensuring sustained progress towards the creation of the Single European Railway Area;
2022/07/07
Committee: TRAN
Amendment 31 #

2022/2046(INI)

Draft opinion
Paragraph 3 d (new)
3 d. Highlights the importance of TEN-T network for stronger connectivity with our strategic partners in non-EU countries. In the view of the Russian war in Ukraine, stresses that the funding of the TEN-T network revision shall well reflect and further focus on the extension of connection towards the Eastern Neighbourhood as well as revising priorities of the Eastern Member States towards cross-border missing links. Requests also the Commission to propose an 'EU-Eastern Europe' or 'Eastern Partnership' Transport Community, including an Eastern Europe Investment Framework, which could be partly modelled on the Western Balkans Transport Community;
2022/07/07
Committee: TRAN
Amendment 32 #

2022/2046(INI)

Draft opinion
Paragraph 3 e (new)
3 e. Calls on the Commission to provide the necessary funding in the EU Member States for developing of the dual use infrastructure with strategic role required in meeting present and future needs; emphasises the necessity to improve the EU capacity to assess and control the ownership and the investments in the field of strategic infrastructure, as a key aspect for guaranteeing the security of the EU and our citizens;
2022/07/07
Committee: TRAN
Amendment 33 #

2022/2046(INI)

Draft opinion
Paragraph 3 f (new)
3 f. Considers that the Russian attack on Ukraine and the resulting transport needs within the EU have underlined the necessity for the EU railway system to accommodate higher volumes of passengers and freight; calls therefore on Member States to accelerate the standardisation, harmonisation and interoperability of the railway systems across Member States and on the Commission to continue monitoring the implementation and the remaining shortcomings.
2022/07/07
Committee: TRAN
Amendment 36 #

2022/2046(INI)

Draft opinion
Paragraph 4
4. Recommends further strengthening synergies between the CEF and other programmes such as Horizon Europe and, InvestEU and RePowerEU, in order to support competitiveness, innovation, sustainability and safety in the transport sector and optimise the use of budgetary resources;
2022/07/07
Committee: TRAN
Amendment 39 #

2022/2046(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Welcomes new strategic initiatives, such as the EU Chips Act and the Secure Connectivity Programme, in response to the current geopolitical crisis and acknowledges the lack of dedicated budgetary lines in the current MFF; reiterates that reallocation of resources from existing Programmes should be limited and that should not negatively affect the overall CEF Transport objectives and the deployment of sustainable transport infrastructure. In this regard, calls on the Commission to carry out a solid budgetary assessment of those initiatives in the context of the mid- term review of the Multiannual Financial Framework 2021-2027, in order to provide new adequate resources;
2022/07/07
Committee: TRAN
Amendment 40 #

2022/2046(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Calls on the Commission to evaluate and to present a strategy for EU airlines and airports and their workforces and to explore further financial instruments within the MFF to support the sector, which has been severely hit, first by the COVID-19 pandemic and now by overflight bans for Russia and Belarus, high fuel and energy prices and dropping demand; stresses, however, the need to ensure a level-playing field and fair competition between airlines, in particular when providing financial support;
2022/07/07
Committee: TRAN
Amendment 43 #

2022/2046(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Underlines the urgent need to significantly increase the Union domestic production, supply and storage of renewable and low carbon fuels/energy and to further increase the diversification of the European Union’s energy supplies, also through imports of alternative fuels in the short-term, including through EU port terminals for LNG as a transitional fuel, whilst carefully avoiding lock-in affects and stranded assets, and in alignment with EU climate goals; further underlines the need to strengthen energy interconnections between Member States. Calls on the Commission to develop within the MFF a Strategic Autonomy Fund for Europe (SAFE) to provide the necessary investments in key areas such as energy infrastructure, transport and industrial competitiveness and food security;
2022/07/07
Committee: TRAN
Amendment 44 #

2022/2046(INI)

Draft opinion
Paragraph 5 b (new)
5 b. Stresses the importance of creating a diversification strategy to ensure the supply of critical raw materials, such as rare earth metals so as to increase resilience to shocks and crises;
2022/07/07
Committee: TRAN
Amendment 45 #

2022/2046(INI)

Draft opinion
Paragraph 5 c (new)
5 c. Considers that the synergies and complementarities of the TEN-T and TEN-E should be promoted, while fully ensuring existing and future funding opportunities and levels of funding for the development of the TEN-T;
2022/07/07
Committee: TRAN
Amendment 46 #

2022/2046(INI)

Draft opinion
Paragraph 6
6. Stresses that the transition to a smart and sustainable mobility system has to be fair and inclusive and requires mitigating the risk of energy and mobilitytransport poverty and protecting the most vulnerable; considers that to ensure a successful transition, it is essential to investments in the upskilling and reskilling of workers should be accompanied by measures to support the most impacted EU industrial supply chains, such as the automotive one; therefore insists on targeted measures and financing opportunities within the ‘Fit for 55’ package in that respect, in coordination with Member States’ plans;
2022/07/07
Committee: TRAN
Amendment 50 #

2022/2046(INI)

Draft opinion
Paragraph 7
7. Regrets the fragmentation of the funding possibilities available for tourism in the current MFF; highlights that this economically important sector, especially themade for 99% of small and medium-sized enterprises, is struggling to overcome the effects of the COVID-19 pandemic and the crisis caused by the current war; reiterates the urgency of creating a specific EU programme on sustainable tourism and introducing a dedicated budget line to address the needs of the sector; reiterates that coordination is key for the recovery of the EU tourism industry as a short-term solution and insists on its request for the establishment of a European crisis mechanism for the EU tourism sector and of a European agency for tourism. to maintain Europe's standing as a leading destination;
2022/07/07
Committee: TRAN
Amendment 53 #

2022/2046(INI)

Draft opinion
Paragraph 7 a (new)
7 a. Asks the Commission to create specific calls and actions for tourism ecosystem under the current funding programmes of the MFF 2021-2027;
2022/07/07
Committee: TRAN
Amendment 26 #

2022/2027(INI)

Motion for a resolution
Recital D a (new)
D a. whereas intellectual property (IP) is central to video games and constitutes a key factor for investments and growth;
2022/05/31
Committee: CULT
Amendment 30 #

2022/2027(INI)

Motion for a resolution
Recital E a (new)
E a. whereas the Court of Justice of the EU has recognised video games as complex creative works, protected both by the computer programs directive 2009/24 and the copyright directive 2001/29;
2022/05/31
Committee: CULT
Amendment 33 #

2022/2027(INI)

Motion for a resolution
Recital F
F. whereas competitive video gaming, otherwise known e-sports are leagues, competitive circuits, tournaments, or similar competitions where individuals or teams play video games, typically for spectators, either in-person or online, for the purpose of entertainment, prizes, or money; whereas e-sport, could be considered not only part of the video game sector, but also part of the culture, and media and sports sectors, and has clear digital and competitive elements;
2022/05/31
Committee: CULT
Amendment 59 #

2022/2027(INI)

Motion for a resolution
Recital N
N. whereas e-sport is a massre increasingly popular entertainment activityies, characterised by both a large video game player base and a small number of professional players and teams;
2022/05/31
Committee: CULT
Amendment 83 #

2022/2027(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Calls on the Commission and Member States to ensure that European video game developers have access to new markets, therefore improving dissemination and recognition of European video game content internationally;
2022/05/31
Committee: CULT
Amendment 84 #

2022/2027(INI)

Motion for a resolution
Paragraph 2 b (new)
2 b. Underlines that national incentives and support for local video game developments, including SMEs should be encouraged and facilitated through a review of the European state aid rules, such as the General Block Exemption Regulation;
2022/05/31
Committee: CULT
Amendment 119 #

2022/2027(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Welcomes the pilot project “Understanding the value of a European Video Games Society” initiated by the European Parliament aiming to develop a better understanding of the video game sector and of its impact on a range of policy areas;
2022/05/31
Committee: CULT
Amendment 135 #

2022/2027(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Welcomes the Council Conclusions on blended learning, to ensure that Europe’s teachers are adequately trained to teach ICT and computational skills and encourages Member States to develop coordinated STEAM curricula to address shortage of digital skills;
2022/05/31
Committee: CULT
Amendment 146 #

2022/2027(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Calls on the Commission to foster interdisciplinary research on video games and e-sports to gain a better understanding of the industry on how to utilise them for the European community and to present the communication on this issue accordingly;
2022/05/31
Committee: CULT
Amendment 162 #

2022/2027(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Encourages the industry, rating agencies and consumer associations to continue awareness-raising campaigns on the PEGI system which proved beneficial in protecting minors;
2022/05/31
Committee: CULT
Amendment 172 #

2022/2027(INI)

Motion for a resolution
Paragraph 14
14. Considers that e-sport and traditional sports are different sectors, especially given the fact that video games used for competitive gaming or e-sports belong to a private entity and are played in a digital environment; believes, however, that they may complement each other and promote similar values and skills, such as fair play, teamwork, antiracism and gender equalitygiven that e-sports are a set of practices around the licensed used and communication of video game IP; believes, however, that they may complement each other and promote values such as fair play, non-discrimination, teamwork, solidarity, integrity, inclusivity, antiracism and gender equality, as well as physical activity, while e-sports as video games can contribute to the acquisition of digital competences and skills;
2022/05/31
Committee: CULT
Amendment 190 #

2022/2027(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Encourages partnerships on virtual and e-sports between all relevant stakeholders in order to create new projects that bring added values to athletes and audiences while promoting European values;
2022/05/31
Committee: CULT
Amendment 192 #

2022/2027(INI)

Motion for a resolution
Paragraph 16 b (new)
16 b. Recognises the potential of virtual sports for exploring new ways of fan engagement and increasing the level of participation of youth in physical activities;
2022/05/31
Committee: CULT
Amendment 201 #

2022/2027(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Calls on the Member States and the Commission to extend the application of the Schengen Cultural Visa to the e- sports personnel and to consider measures to facilitate visa procedures for video game developers coming to the European Union;
2022/05/31
Committee: CULT
Amendment 50 #

2022/2022(INI)

Motion for a resolution
Paragraph 4
4. Stresses that the full deployment of the ERTMS will help to create a digital single European railway area, ensuring the further development of safe, secure, fast and efficient rail transport services for long-distance and cross-border connections;
2022/06/21
Committee: TRAN
Amendment 63 #

2022/2022(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the Commission’s proposal to speed up the roll-ouUnion-wide deployment of the ERTMS in the revision of the TEN-T Regulation;
2022/06/21
Committee: TRAN
Amendment 73 #

2022/2022(INI)

Motion for a resolution
Paragraph 8
8. Emphasises the need to ensure quick, sufficient and efficient financing and funding to support the investments;
2022/06/21
Committee: TRAN
Amendment 106 #

2022/2022(INI)

Motion for a resolution
Paragraph 12
12. Calls for the clarification and simplification of State aid rules on the public funding of interoperable rolling stock for cross-border services in the revised Railway Guidelines;
2022/06/21
Committee: TRAN
Amendment 116 #

2022/2022(INI)

Motion for a resolution
Paragraph 13
13. Emphasises the need for clear interoperable requirements and standards and further investments in rolling stock;
2022/06/21
Committee: TRAN
Amendment 123 #

2022/2022(INI)

Motion for a resolution
Paragraph 14
14. Stresses that the lack of harmonisation of the certification of train drivers may hamper their mobility between Member States and the development of long-distance passenger services; furthermore highlights the need to agree on a single EU-wide working language, namely English, for train drivers operating long distance and cross border passenger rail connections;
2022/06/21
Committee: TRAN
Amendment 148 #

2022/2022(INI)

Motion for a resolution
Paragraph 17
17. Highlights the role of digitalisation, the need for adequate cybersecurity and better coordination, in particular for cross- border rail traffic;
2022/06/21
Committee: TRAN
Amendment 156 #

2022/2022(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the Commission’s upcoming plans to publish guidelines for setting track access charges but calls for a reduction of charges to not more than the direct cost ;
2022/06/21
Committee: TRAN
Amendment 158 #

2022/2022(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Reiterates the importance of track access charges, notably in terms of mark- ups, as a decisive cost factor that impacts the competitiveness of rail as opposed to other transport modes; possibly hindering the setting up of new services such as night trains; calls on the Commission to suggest in the upcoming Guidelines recommendations for a consistent Europe-wide category of infrastructure charges for night trains.
2022/06/21
Committee: TRAN
Amendment 165 #

2022/2022(INI)

Motion for a resolution
Paragraph 20
20. Acknowledges that making long- distance rail passenger services more attractive requires more accessible smart ticketing and appropriate protection for passengers in the event of delays or missed connections for single options andwith impartial ticket retail - meaning all rail operators' tickets are sold at all ticket channels, both at independent ticket vendors as well as the in-house ticket vendors of the state-owned rail incumbents and appropriate protection for passengers in the event of delays or missed connections, regardless whether they have booked a combined journey of separate tickets in the same one-way travel chain booking (when a through ticket is not available) or a through tickets itself, ensuring, as a minimum, journey continuation;
2022/06/21
Committee: TRAN
Amendment 171 #

2022/2022(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Stresses the importance that passengers should have a seamless user experience when searching, selecting, and buying their railway services. In order to achieve seamless ticketing, sector-based solutions should be supported and can be considered as the starting point when improving multimodal ticketing;
2022/06/21
Committee: TRAN
Amendment 180 #

2022/2022(INI)

Motion for a resolution
Paragraph 21
21. Takes note of the Commission’s upcoming proposal for a regulation on multimodal digital mobility services to enhance data exchange and facilitate the conclusion of fair commercial agreements, with both principles being binding for all market participants;
2022/06/21
Committee: TRAN
Amendment 206 #

2022/2022(INI)

Motion for a resolution
Subheading 9
Public service obligationSupport commercially driven services to promote sustainable cross-border and/or multimodal collective transport
2022/06/21
Committee: TRAN
Amendment 207 #

2022/2022(INI)

Motion for a resolution
Paragraph 26
26. Stresses that public service contractimproving the market framework for commercially driven services and introducing non- discriminatory incentives can play a decisive role in supporting the continuity of services and connections to interesting destinations, such as tourist and historical destinations, by providing rail services that help to maintain a dense network of railway links, including to less attractive destinations;
2022/06/21
Committee: TRAN
Amendment 212 #

2022/2022(INI)

Motion for a resolution
Paragraph 27
27. Believes that public service obligationan improved and fair market framework, together with non- discriminatory incentives for new commercially driven services can promote the use of rail, including in long-distance passenger transport, in particular in the case of market failures in cross-border and last- mile routes, perhaps in combination with other profitable segments of the network;
2022/06/21
Committee: TRAN
Amendment 219 #

2022/2005(INI)

Motion for a resolution
Paragraph 6
6. Demands that the Member States end racial or ethnic profiling in all forms, encompassingUnderlines that artificial intelligence (AI) tools and, including in criminal law enforcement, counter-terrorism measures and immigration controls, cand to officially recognise and be effective tools to combat practices of unlawful discrimination and violence through anti- racism and anti-bias training for the authoritiesimprove the protection of minorities in the EU;
2022/06/03
Committee: LIBE
Amendment 242 #

2022/2005(INI)

Motion for a resolution
Paragraph 8
8. Urges the EU institutions to address intersectional forms of discrimination in EU anti-discrimination legislation and policies and to promote an EU framework on intersectional discrimination with cross- cutting objectives and measures, including an EU-wide ban for radical hate preachers to enter the common territory;
2022/06/03
Committee: LIBE
Amendment 249 #

2022/2005(INI)

Motion for a resolution
Paragraph 9
9. Emphasises the need to ensure meaningful participation of all groups affected by intersectional discrimination in policymaking at EU, national and local levels, especially racialised groups; calls on the Commission and Member States to amplify the measures against so called 'honour crimes', which restricts the rights and freedom of minorities, in particular women and girls, to fully participate in society;
2022/06/03
Committee: LIBE
Amendment 303 #

2022/2005(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Reiterate its call on all Member States and the Union institutions and agencies to adopt and apply the working definition of anti-Semitism employed by the International Holocaust Remembrance Alliance (IHRA)1a; stresses the urgent need for comprehensive educational measures at all levels to promote the IHRA working definition of anti-Semitism; _________________ 1a Resolution on combating anti-Semitism (2017/2692(RSP) of 29 May 2017
2022/06/03
Committee: LIBE
Amendment 317 #

2022/2005(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Regrets that the Jewish population in Europe have decreased in the past years and a further 38 % of European Jews are considering leaving Europe due to concern for their safety and security. Deplores the rising levels of anti-Semitism in Europe, partly but not limited to, immigration from countries where anti- Semitic views are common. Calls of the Member States to increase the number of expulsions of third country nationals found guilty of hate crimes.
2022/06/03
Committee: LIBE
Amendment 322 #

2022/2005(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Calls on the Commission and Member States to ban participation in criminal networks as a way to provide law enforcement agencies with more effective tools to protect minorities from hate crimes;
2022/06/03
Committee: LIBE
Amendment 324 #

2022/2005(INI)

Motion for a resolution
Paragraph 15 c (new)
15c. Calls on the Commission and Member States to ensure access for Jewish communities to easily receive financial support for their security-related spending with due regard to the increase security threat towards Jewish religious sites.
2022/06/03
Committee: LIBE
Amendment 82 #

2022/0402(CNS)

Proposal for a regulation
Recital 22
(22) To achieve its aims, it is necessary and appropriate for this Regulation to bring together common rules on jurisdiction, applicable law, recognition or, as the case may be, acceptance of court decisions and the acceptance of authentic instruments on parenthood as well as rules on the creation of a European Certificate of Parenthood in a Union legal instrument which is binding and directly applicable.
2023/07/25
Committee: LIBE
Amendment 89 #

2022/0402(CNS)

Proposal for a regulation
Recital 25
(25) This Regulation should not apply to the establishment of parenthood in a Member State in a domestic situation with no cross-border elements. This Regulation should not therefore include provisions on jurisdiction or applicable law for the establishment of parenthood in domestic cases, such as the parenthood of a child further to a domestic adoption in a Member State. However, in order to safeguard children’s rights without discrimination in cross-border situations as laid down in the Charter, in application of the principle of mutual trust between Member States as confirmed by the Court of Justice, the provisions of this Regulation on the recognition or, as the case may be, acceptance of court decisions and the acceptance of authentic instruments on parenthood should also apply to the recognition of parenthood established in a Member State in domestic situations, such as the parenthood established in a Member State further to a domestic adoption in that Member State. The provisions of this Regulation concerning the relevant attestation and the European Certificate of Parenthood should therefore also apply as regards the parenthood established in a Member State in domestic situations, such as further to a domestic adoption in a Member State.
2023/07/25
Committee: LIBE
Amendment 98 #

2022/0402(CNS)

Proposal for a regulation
Recital 32
(32) This Regulation should not cover the recognition of court decisions on parenthood given in a third State or the recognition or, as the case may be, acceptance of authentic instruments on parenthood drawn up or registered in a third State. The recognition or acceptance of such documents should remain subject to the national law of each Member State.
2023/07/25
Committee: LIBE
Amendment 99 #

2022/0402(CNS)

Proposal for a regulation
Recital 34
(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the person giving birth, and parenthood by legal presumption as regards the spouse or the registered partner of the person giving birth. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial deed (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood can be provided by the document establishing the parenthood (such as the court decision, the notarial deed or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate).
2023/07/25
Committee: LIBE
Amendment 102 #

2022/0402(CNS)

Proposal for a regulation
Recital 36
(36) In order to facilitate the recognition of court decisions and authentic instruments on parenthood matters, this Regulation should lay down uniform jurisdiction rules for the establishment of parenthood with a cross-border element. This Regulation should also clarify the right of children below the age of 18 years to be provided with an opportunity to express their views in proceedings to which they are subject.
2023/07/25
Committee: LIBE
Amendment 131 #

2022/0402(CNS)

Proposal for a regulation
Recital 58
(58) This Regulation should provide for the recognition of court decisions and authentic instruments establishing parenthood with binding legal effect issued in another Member State.
2023/07/25
Committee: LIBE
Amendment 141 #

2022/0402(CNS)

Proposal for a regulation
Recital 65
(65) Authentic instruments with binding legal effect in the Member State of origin should be treated as equivalent to 'court decisions' for the purposes of the rules on recognition of this Regulation.deleted
2023/07/25
Committee: LIBE
Amendment 142 #

2022/0402(CNS)

Proposal for a regulation
Recital 66
(66) Although the obligation to provide children below the age of 18 years with the opportunity to express their views under this Regulation should not apply to authentic instruments with binding legal effect, the right of children to express their views should however be taken into consideration pursuant to Article 24 of the Charter and in the light of Article 12 of the UN Convention on the Rights of the Child as implemented by national law and procedure. The fact that children were not given the opportunity to express their views should not automatically be a ground for refusal of recognition of authentic instruments with binding legal effect.deleted
2023/07/25
Committee: LIBE
Amendment 143 #

2022/0402(CNS)

Proposal for a regulation
Recital 67
(67) The recognition in a Member State under this Regulation of a court decision establishing parenthood given in another Member State, or of an authentic instrument establishing parenthood with binding legal effect drawn up or registered in another Member State, should not imply the recognition of the possible marriage or registered partnership of the parents of the child whose parenthood has been or is to be established.deleted
2023/07/25
Committee: LIBE
Amendment 157 #

2022/0402(CNS)

Proposal for a regulation
Recital 75
(75) Considerations of public interest should allow Member State courts or other competent authorities to refuse, in exceptional circumstances, to recognise or, as the case may be, accept a court decision or accept an authentic instrument on the parenthood established in another Member State where, in a given case, such recognition or acceptance would be manifestly incompatible with the public policy (ordre public) of the Member State concerned. However, the courts or other competent authorities should not be able to refuse to recognise or, as the case may be, accept a court decision or to accept an authentic instrument issued in another Member State when doing so would be contrary to the Charter and, in particular, Article 21 thereof, which prohibits discrimination.
2023/07/25
Committee: LIBE
Amendment 173 #

2022/0402(CNS)

Proposal for a regulation
Recital 83
(83) The European electronic access point should allow natural persons or their legal representatives to launch a request for a European Certificate of Parenthood and to receive and send that Certificate electronically. It should also allow them to communicate electronically with Member State courts or other competent authorities in proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument on parenthood, or proceedings for the refusal of recognition of a court decision or an authentic instrument on parenthood. Member State courts or other competent authorities should communicate with citizens through the European electronic access point only where the citizen has given prior express consent to the use of this means of communication.
2023/07/25
Committee: LIBE
Amendment 179 #

2022/0402(CNS)

Proposal for a regulation
Recital 93
(93) This Regulation should provide the legal basis for the processing of personal data by Member State courts or other competent authorities in accordance with Article 6(1) and (3) of the GDPR and by the Commission in accordance with Article 5(1) and (2) of the EUDPR. The processing of special categories of personal data under this Regulation meets the requirements of Article 9(2) of the GDPR as data will be processed by courts acting in their judicial capacity in conformity with point (f), or the processing will be necessary for reasons of substantial public interest on the basis of this Regulation, which aims to facilitate the recognition of court decisions and authentic instruments on parenthood in another Member State to ensure the protection of the fundamental rights and other rights of children in cross- border situations within the Union, in conformity with point (g). Similarly, the processing of special categories of personal data under this Regulation meets the requirements of Article 10(2) of the EUDPR as the processing of data will be necessary for the establishment, exercise or defence of legal claims in conformity with point (f), or the processing will be necessary for reasons of substantial public interest on the basis of this Regulation, in conformity with point (g).
2023/07/25
Committee: LIBE
Amendment 182 #

2022/0402(CNS)

Proposal for a regulation
Recital 99
(99) Since the objectives of this Regulation cannot be sufficiently achieved by the Member States because of the differences between national rules governing jurisdiction, applicable law and the recognition of court decisions and authentic instruments, but can rather, by reason of the direct applicability and binding nature of this Regulation, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,.
2023/07/25
Committee: LIBE
Amendment 199 #

2022/0402(CNS)

Proposal for a regulation
Article 4 – paragraph 1 – point 4
4. 'court' means any judicial authority in a Member Stateand all other authorities of a Member State with jurisdiction in matters of parenthood that exercises judicial functions in matters of parenthood;or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority in matters of parenthood, provided that such other authorities offer guarantees with regard to the impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate, (a) may be made the subject of an appeal to or review by a judicial authority; and (b) have a similar force and effect as a decision of a judicial authority on the same matter.
2023/07/25
Committee: LIBE
Amendment 230 #

2022/0402(CNS)

Proposal for a regulation
Article 18 – paragraph 1 – point a
(a) the procedures torequirements for establishing or contesting parenthood;
2023/07/25
Committee: LIBE
Amendment 234 #

2022/0402(CNS)

Proposal for a regulation
Article 18 – paragraph 1 – point b
(b) the binding legal effect and/or the evidentiary effects of authentic instruments;deleted
2023/07/25
Committee: LIBE
Amendment 236 #

2022/0402(CNS)

Proposal for a regulation
Article 18 – paragraph 1 – point c
(c) the standing of persons in proceedings involving theright to establishment or contestation of parenthood;,
2023/07/25
Committee: LIBE
Amendment 242 #

2022/0402(CNS)

Proposal for a regulation
Article 20 – paragraph 2
2. An act intended to have legal effect on the establishment of parenthood may be proved by any mode of proof recognised by the law of the forum or by any of the laws referred to in paragraph 1 under which that act is formally valid, provided that such mode of proof can be administered by the forum.deleted
2023/07/25
Committee: LIBE
Amendment 292 #

2022/0402(CNS)

Proposal for a regulation
Article 35
This Section shall apply to authentic instruments establishing parenthood that: (a) have been formally drawn up or registered in a Member State assuming jurisdiction under Chapter II; and (b) have binding legal effect in the Member State where they have been formally drawn up or registered.Article 35 deleted Scope
2023/07/25
Committee: LIBE
Amendment 294 #

2022/0402(CNS)

Proposal for a regulation
Article 36
Recognition of authentic instruments Authentic instruments establishing parenthood with binding legal effect in the Member State of origin shall be recognised in other Member States without any special procedure being required. Sections 1 and 2 of this Chapter shall apply accordingly, unless otherwise provided for in this Section.Article 36 deleted
2023/07/25
Committee: LIBE
Amendment 297 #

2022/0402(CNS)

Proposal for a regulation
Article 37
1. The competent authority of the Member State of origin as communicated to the Commission pursuant to Article 71 shall, upon application by a party, issue an attestation for an authentic instrument establishing parenthood with binding legal effect using the form set out in Annex II. 2. The attestation may be issued only if the following conditions are met: (a) the Member State which empowered the public authority or other authority to formally draw up or register the authentic instrument establishing parenthood had jurisdiction under Chapter II; and (b) the authentic instrument has binding legal effect in that Member State. 3. The attestation shall be completed in the language of the authentic instrument. It may also be issued in another official language of the institutions of the European Union requested by the party. This does not create any obligation for the competent authority issuing the attestation to provide a translation or transliteration of the translatable content of the free text fields. 4. The attestation shall contain a statement informing Union citizens and their family members that the attestation does not affect the rights that a child derives from Union law and that, for the exercise of such rights, proof of the parent-child relationship can be presented by any means. 5. If the attestation is not produced, the authentic instrument shall not be recognised in another Member State.Article 37 deleted Attestation
2023/07/25
Committee: LIBE
Amendment 300 #

2022/0402(CNS)

Proposal for a regulation
Article 38
Rectification and withdrawal of the 1. The competent authority of the Member State of origin as communicated to the Commission pursuant to Article 71 shall, upon application, and may, of its own motion, rectify the attestation where, due to a material error or omission, there is a discrepancy between the authentic instrument and the attestation. 2. The competent authority referred to in paragraph 1 of this Article shall, upon application or of its own motion, withdraw the attestation where it was wrongly granted, having regard to the requirements laid down in Article 37. 3. The procedure, including any appeal, with regard to the rectification or withdrawal of the attestation shall be governed by the law of the Member State of origin.Article 38 deleted attestation
2023/07/25
Committee: LIBE
Amendment 317 #

2022/0402(CNS)

Proposal for a regulation
Article 41 – paragraph 1
Under no circumstances may a court decision given in another Member State, or an authentic instrument establishing parenthood with binding legal effect in the Member State of origin, be reviewed as to theirits substance.
2023/07/25
Committee: LIBE
Amendment 339 #

2022/0402(CNS)

Proposal for a regulation
Article 49 – paragraph 3 – point e
(e) the elements on which the applicant founds parenthood, appending the original or a copy of the document(s) establishing parenthood with binding legal effect or providing evidence of the parenthood;
2023/07/25
Committee: LIBE
Amendment 340 #

2022/0402(CNS)

Proposal for a regulation
Article 49 – paragraph 3 – point f
(f) the contact details of the Member State’s court that established parenthood, or of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legalwith evidentiary effects in the Member State of origin but with evidentiary effects in that Member State;
2023/07/25
Committee: LIBE
Amendment 351 #

2022/0402(CNS)

Proposal for a regulation
Article 52 – paragraph 1 – point b
(b) if different, the name, address and contact details of the Member State’s court that established parenthood, or of the competent authority that issued an authentic instrument establishing parenthood with binding legal effect, or of the competent authority that issued an authentic instrument with no binding legalwith evidentiary effects in the Member State of origin but with evidentiary effects in that Member State;
2023/07/25
Committee: LIBE
Amendment 365 #

2022/0402(CNS)

Proposal for a regulation
Article 58 – paragraph 1 – point a
(a) proceedings for a decision that there are no grounds for the refusal of recognition of a court decision or an authentic instrument on parenthood, or proceedings for the refusal of recognition of a court decision or an authentic instrument on parenthood;
2023/07/25
Committee: LIBE
Amendment 375 #

2022/0402(CNS)

Proposal for a regulation
Article 69 – paragraph 2 – subparagraph 1 – point b
(b) an authentic instrument establishing parenthood with binding legal effect in the Member State of origin which was formally drawn up or registered prior to [date of application of this Regulation].deleted
2023/07/25
Committee: LIBE
Amendment 376 #

2022/0402(CNS)

Proposal for a regulation
Article 69 – paragraph 2 – subparagraph 2
Chapter IV shall apply to the court decisions and authentic instruments referred to in this paragraph.
2023/07/25
Committee: LIBE
Amendment 380 #

2022/0402(CNS)

Proposal for a regulation
Article 69 – paragraph 3 – subparagraph 1
Notwithstanding paragraph 1, Member States shall accept an authentic instrument which has no binding legalevidentiary effects in the Member State of origin but which has evidentiary effects in that Member State, provided that this is not manifestly contrary to the public policy (ordre public) of the Member State in which acceptance is sought.
2023/07/25
Committee: LIBE
Amendment 386 #

2022/0402(CNS)

Proposal for a regulation
Article 70 – paragraph 2 – point a
(a) the number of applications for the refusal of recognition of a court decision or of an authentic instrument establishing parenthood with binding legal effect in the Member State of origin pursuant to Article 32, and the number of cases in which the refusal of recognition was granted;
2023/07/25
Committee: LIBE
Amendment 388 #

2022/0402(CNS)

Proposal for a regulation
Article 70 – paragraph 2 – point c
(c) the number of applications challenging the contents of an authentic instrument which has no binding legalevidentiary effects in the Member State of origin but which has evidentiary effects in that Member State, and the number of cases in which the challenge was successful;
2023/07/25
Committee: LIBE
Amendment 49 #

2022/0398(COD)

Proposal for a directive
Recital 4
(4) The effective application of Union restrictive measures calls for common criminal definitions of conduct infringing Union restrictive measures. Member States should ensure that this conduct constitutes a criminal offence when committed with intent as well as with seriougross negligence, in case the natural or legal person knew or should have known, that their conduct would infringe Union restrictive measures.
2023/05/30
Committee: LIBE
Amendment 59 #

2022/0398(COD)

Proposal for a directive
Recital 7
(7) Legal professionals, as defined by the Member States, should be subject to this Directive, including the obligation to report the violation of Union restrictive measures, when providing services in the context of professional activities, such as legal, financial and trade services. Experience shows that there is a clear risk of the services of those legal professionals being misused for the purpose of violating Union restrictive measures. There should, however, be exemptions from any obligation to report information which is obtained in strict connection with judicial, administrative or arbitral proceedings, whether before, during or after judicial proceedings, or in the course of ascertaining the legal position of a client. Therefore, legal advice in those circumstances should remain subject to the obligation of professional secrecy, except where the legal professional is taking part in the violation of Union restrictive measures, or the legal advice is provided for the purposes of violating Union restrictive measures, or the legal professional knows that the client is seeking legal advice for the purposes of violating Union restrictive measures. Knowledge can be inferred from objective factual circumstances.
2023/05/30
Committee: LIBE
Amendment 138 #

2022/0398(COD)

Proposal for a directive
Article 3 – paragraph 3
(3) The conduct referred to in paragraph 2, points (a) to (g) shall constitute a criminal offence also if committed with seriougross negligence.
2023/05/30
Committee: LIBE
Amendment 142 #

2022/0398(COD)

Proposal for a directive
Article 3 – paragraph 5
(5) Nothing in paragraph 2 shall be understood as imposing an obligation on legal professionals to report information which is obtained in strict connection with judicial, administrative or arbitral proceedings, whether before, during or after judicial proceedings, or in the course of ascertaining the legal position of a client. Legal advice in those circumstances shall be protected by professional secrecy, except where the legal professional is taking part in the violation of Union restrictive measures, or the legal advice is provided for the purposes of violating Union restrictive measures, or the legal professional knows that the client is seeking legal advice for the purposes of violating Union restrictive measures.
2023/05/30
Committee: LIBE
Amendment 164 #

2022/0398(COD)

Proposal for a directive
Article 5 – paragraph 3
(3) Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3(2), points (h)(iii), (iv) and (v), are punishable by a maximum penalty of at least one year of imprisonment when they involve funds or economic resources of a value of at least EUR 1 000 000. Member States shall ensure that the threshold of EUR 1 000 000 or more may also be met through a series of linked offences referred to in Article 3(2), points (h)(iii), (iv) and (v), when committed by the same offender.
2023/05/30
Committee: LIBE
Amendment 169 #

2022/0398(COD)

Proposal for a directive
Article 5 – paragraph 4
(4) Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3(2), points (a) to (g), (h)(i) and (ii), and point (i), are punishable by a maximum penalty of at least five years of imprisonment when they involve funds or economic resources of a value of at least EUR 1 000 000. Member States shall ensure that the threshold of EUR 1 000 000 or more may also be met through a series of linked offences referred to in Article 3(2), points (a) to (g), (h)(i) and (ii), and point (i), by the same offender.
2023/05/30
Committee: LIBE
Amendment 172 #

2022/0398(COD)

Proposal for a directive
Article 5 – paragraph 5
(5) Member States shall take the necessary measures to ensure that natural persons who have committed the offences referred to in Articles 3 and 4 may be subject to additional penalties. Those additional penalties shall include fines. The maximum fines shall amount to at least EUR 10 000 000 where those offences involve funds or economic resources of a value of at least EUR 1 000 000
2023/05/30
Committee: LIBE
Amendment 434 #

2022/0394(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 16 to establish the technical certification methodologies referred to in paragraph 1 for activities related to permanent carbon storage, carbon farming and carbon storage in products. Certification schemes may develop new methodologies or adjust their existing methodologies in line with the criteria in Articles 4-7 if they want to be recognised under the EU certification framework. The certification schemes are free to submit their methodologies at any time to the responsible public authority for recognition. Those certification methodologies shall include at least the elements set out in Annex I.
2023/05/30
Committee: AGRI
Amendment 449 #

2022/0394(COD)

Proposal for a regulation
Article 8 – paragraph 3 – introductory part
3. When preparing those delegated acts for technical certification methodologies or recognising certification methodologies, the Commission shall take into account the following elements:
2023/05/30
Committee: AGRI
Amendment 98 #

2022/0358(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 11
(11) ‘activity data’ means the number of nights for which a unit is rented and the number of guests thatdeclared to stayed in the unit per nighta unit at the time the reservation is made;
2023/05/31
Committee: TRAN
Amendment 105 #

2022/0358(COD)

Proposal for a regulation
Article 4 – paragraph 2 – point g a (new)
(ga) online registration procedures are provided for hosts which are free of charge.
2023/05/31
Committee: TRAN
Amendment 138 #

2022/0358(COD)

Proposal for a regulation
Article 6 – paragraph 8
8. The competent authority shall inform the hosts about the redress mechanisms available in relation to the steps taken pursuant to paragraphs 2 to 5, 7 and 711.
2023/05/31
Committee: TRAN
Amendment 141 #

2022/0358(COD)

Proposal for a regulation
Article 6 – paragraph 10 a (new)
10a. Competent authorities may verify with the hosts concerned the information provided by online platforms with respect to hosts that have declared their listing exempt from the registration procedure as provided by Article 7 paragraph 1 (b) and (d) and exercise, where relevant, towards the hosts concerned, the powers set out in paragraphs 6 (2) to 6 (9).
2023/05/31
Committee: TRAN
Amendment 145 #

2022/0358(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) where the host declares that the unit offered for short-term accommodation rental services is located in an area where a registration procedure has been established or applies, design and organise their online interface in a way that enables hosts to let users to either: (i) identify the unit through a registration number, and to ensure that hosts have provided a registration number prior to allowing the offering of the short- term accommodation rental services with respect to that unit; (ii) or self declare that the unit they offer is exempt from the registration procedure applicable in the area where it is located;
2023/05/31
Committee: TRAN
Amendment 153 #

2022/0358(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
(ca) where the host declares that the unit is exempt from the registration procedure applicable to the area where it is located, the online platform is to provide, on a monthly basis, the list of the hosts that claim to benefit from an exemption to the competent authority for them to be able to conduct the verifications referred to in Article 6.
2023/05/31
Committee: TRAN
Amendment 500 #

2022/0277(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point a
(a) guarantee that editors are free to take individual editorial decisions in the exercise of their professional activity, without prejudice to the right of the entity being legally liable for the content to assume a leading editorial role; and
2023/05/09
Committee: LIBE
Amendment 519 #

2022/0277(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. The obligations under this Article shall not apply to media service providers that are micro or small enterprises within the meaning of Article 3 of Directive 2013/34/EU.
2023/05/09
Committee: LIBE
Amendment 750 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 1 a (new)
1a. Where media service providers consider that very large online platforms have unjustly declined their declaration under paragraph 1, they may ask the respective national authority or self- regulatory body to provide a clarification.
2023/05/09
Committee: LIBE
Amendment 752 #

2022/0277(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Where a provider of very large online platform decides to restrict or suspend the provision of its online intermediation services in relation to content or services provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this Article, on the grounds that such content or service is incompatible with its terms and conditions, without that content contributing to a systemic risk referred to in Article 26 of the Regulation (EU) 2022/XXX [Digital Services Act]2065, it shall take all possible measures, to the extent consistent with their obligations under Union law, including Regulation (EU) 2022/XXX [Digital Services Act]2065, to communicate to the media service provider concerned the statement of reasons accompanying that decision, as required by Article 4(1) of Regulation (EU) 2019/1150, prior to the suspension taking effectand to provide the media service provider concerned with an opportunity to reply to the statement of reasons and the additional reasons within 48 hours prior to the restriction or suspension taking effect. During that time the provider of the very large online platform may decide to put a notice on the content or service that is being under inspection. A provider of a very large online platform shall not restrict or suspend the provision of its online intermediation services in relation to content or services provided by a media service provider where that that media service provider has reasonably demonstrated that the content or services in question are in accordance with the national law of the Member State concerned. The media service provider may notify the outcome of such exchanges to the Board.
2023/05/09
Committee: LIBE
Amendment 104 #

2022/0196(COD)

Proposal for a regulation
The Committee on [Agriculture and Rural Development] calls on the Committee on [the Environment, Public Health and Food Safety], as the committee responsible, to propose rejection of the [The sustainable use of plant protection products and amending Regulation (EU) 2021/2115].
2023/06/02
Committee: AGRI
Amendment 317 #

2022/0196(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation lays down rules for the sustainable use of plant protection products by providing for the setting, and achievement by 2030[OP: please insert the date – 10 years after the date of application of this Regulation], of reduction targets for the use and risk of chemical plant protection products, establishing requirements for use, storage, sale and disposal of plant protection products and for application equipment, providing for training and awareness raising, and providing for implementation of integrated pest management.
2023/06/02
Committee: AGRI
Amendment 344 #

2022/0196(COD)

Proposal for a regulation
Recital 9
(9) In the final report of the Conference on the Future of Europe, published on 9 May 2022, when it comes to the proposals on agriculture, food production, biodiversity and ecosystems, pollution, citizens ask the Union in particular to significantly reduce the use of chemical pesticides and fertilizers, in line with the existing targets, while still ensuring food security, and support for research to develop more sustainable and natural-based alternatives. Citizens ask for more research and innovations, including in technological solutions for sustainable production, plant resistance, and precision farming, and more communication, advisory systems, and training for and from farmers as well as asking the Union to protect insects, in particular indigenous and pollinating insects.55 __________________ 55 Conference on the Future of Europe – Report on the Final Outcome, May 2022, Proposals 1 and 2, pp. 43-44.deleted
2023/04/04
Committee: ENVI
Amendment 366 #

2022/0196(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 15
(15). ‘integrated pest management’ means careful consideration of all available meanplant protection methods and the subsequent integration of appropriate measures that discourage the development of populations of harmful organisms, while and keeping the use of chemical plant protection products and other forms of intervention to levels that are economically and ecologically justified and reduce or minimise risks to human health and the environment. Integrated pest management emphasises the growth of a healthy crop with the least possible disruption to agro-ecosystems and encourages natural pest control mechanisms;
2023/06/02
Committee: AGRI
Amendment 389 #

2022/0196(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 16 – point c
(c) human settlements (community in which people live and work), defined as the most up to date CORINE (Coordination of information on the Environment) system maintained by the EEA Land Cover Level 1 classification (Artificial Surfaces) (excluding Level 2 – 1.2: Industrial, commercial and transport units and Level 2 – 1.3: Mine, dump and construction sites)80; _________________ 80 See CORINE Land Cover nomenclature conversion to Land Cover Classification system (https://land.copernicus.eu/user- corner/technical-library/corine-land- cover-nomenclature-guidelines/html) and CORINE Land Cover (CLC) inventory (CORINE Land Cover — Copernicus Land Monitoring Service).deleted
2023/06/02
Committee: AGRI
Amendment 398 #

2022/0196(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 16 – point e
(e) non-productive areas as defined under the EU standards on good agricultural and environmental condition of land (GAEC), GAEC standard 8 listed in Annex III to Regulation (EU) 2021/2115.deleted
2023/06/02
Committee: AGRI
Amendment 404 #

2022/0196(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 16 – point f
(f) an ecologically sensitive area, which means any of the following: (i) any protected area under Directive 2000/60/EC, including possible safeguard zones as well as modifications of those areas following the risk assessment results for drinking water abstraction points under Directive (EU) 2020/2184 of the European Parliament and of the Council81; (ii) sites of Community importance in the list referred to in Article 4(2) of Directive 92/43/EEC and the special areas of conservation designated in accordance with Article 4(4) of that Directive, and special protection areas classified pursuant to Article 4 of Directive 2009/147/EC, and any other national, regional, or local protected area reported by the Member States to the Nationally designated protected areas inventory (CDDA); (iii) any area for which the monitoring of pollinator species carried out in accordance with Article 17(1), point (f), of Regulation xxx/xxx [reference to adopted act to be inserted] establishes that it sustains one or more pollinator species which the European Red Lists classify as being threatened with extinction. _________________ 81 Directive (EU) 2020/2184 of the European Parliament and of the Council of 16 December 2020 on the quality of water intended for human consumption (OJ L 435, 23.12.2020, p. 1).deleted
2023/06/02
Committee: AGRI
Amendment 451 #

2022/0196(COD)

Proposal for a regulation
Article 4 – title
Union 2030[OP: please insert the date – 10 years after the date of application of this Regulation] reduction targets for chemical plant protection products
2023/06/02
Committee: AGRI
Amendment 463 #

2022/0196(COD)

Proposal for a regulation
Article 4 – paragraph 1
1.(1) Each Member State shall contribute, through the adoption and achievement of national targets in accordance with Article 5 to achieving by 2030 a 50 %[OP: please insert the date – 10 years after the date of application of this Regulation] a Union-wide reduction of both the use and risk of chemical plant protection products (‘Union 2030[OP: please insert the date – 10 years after the date of application of this Regulation] reduction target 1') and the use of more hazardous plant protection products (‘Union 2030[OP: please insert the date – 10 years after the date of application of this Regulation] reduction target 2’), compared to the average of the years 20151, 20162 and 20173 (collectively referred to as ‘the Union 2030[OP: please insert the date – 10 years after the date of application of this Regulation] reduction targets’).
2023/06/02
Committee: AGRI
Amendment 487 #

2022/0196(COD)

Proposal for a regulation
Article 5 – title
Member States 2030 [OP: please insert the date – 10 years after the date of application of this Regulation] reduction targets for chemical plant protection products
2023/06/02
Committee: AGRI
Amendment 494 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – introductory part
By [OP: please insert the date – 612 months after the date of application of this Regulation] each Member State shall adopt national targets in its national legislation to achieve by 2030[OP: please insert the date – 10 years after the date of application of this Regulation] a reduction, set in accordance with this Article, from the average of the years 20151, 20162 and 20173, of the following:
2023/06/02
Committee: AGRI
Amendment 507 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
(a) the use and risk of chemical plant protection products as defined in Annex I (‘national 2030 reduction targetwith a flexibility of 10% (‘national [OP: please insert the date – 10 years after the date of application of this Regulation] target range 1’);
2023/06/02
Committee: AGRI
Amendment 513 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
(b) the use of more hazardous plant protection products as defined in Annex I (‘national 2030 reduction targetwith a flexibility of 10% (‘national [OP: please insert the date – 10 years after the date of application of this Regulation] target range 2’).
2023/06/02
Committee: AGRI
Amendment 521 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
For the purposes of this Regulation, the two national reduction targets listed in points (a) and (b) of the first subparagraph, are collectively referred to as the ‘national 2030[OP: please insert the date – 10 years after the date of application of this Regulation] reduction targets’.
2023/06/02
Committee: AGRI
Amendment 528 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 2
2.(2) The progress of each Member State towards achieving the national 2030 reduc[OP: please insert the date – 10 years after the date of application of this Regulation] target ranges shall be calculated annually by the Commission in accordance with the methodology set out in Annex I.
2023/06/02
Committee: AGRI
Amendment 536 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 3
3.(3) Each Member State shall reach the targets referred to in paragraph 1 by 2030. A Member State that reaches the level of one of its 2030 national reduction targets before 2030[OP: please insert the date – 10 years after the date of application of this Regulation]. A Member State that reaches the level of one of its [OJ: please insert the date – 10 years after the date of application of this Regulation] national reduction targets before [OJ: please insert the date – 10 years after the date of application of this Regulation] shall not be required to undertake additional reduction efforts. It shall monitor annual fluctuations in order to maintain the progress achieved in relation to that 2030[OP: please insert the date – 10 years after the date of application of this Regulation] national reduction target.
2023/06/02
Committee: AGRI
Amendment 567 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 1
A Member State may reduce its national target for the use and risk of chemical plant protection products referred to in paragraph 4 to a percentage that is a mid-point between the figure related to intensity as laid down in the second subparagraph of this paragraph and the figure related to the use and risk as laid down in the third subparagraph of this paragraph. Where that percentage is higher than 50%, the Member State shall increase its national target to that percentage.
2023/06/02
Committee: AGRI
Amendment 577 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 2 – point a
(a) 35% where a Member State’s weighted intensity of use and risk of chemical plant protection products during the average of the years 20151, 20162 and 20173 is less than 70% of the Union average;
2023/06/02
Committee: AGRI
Amendment 584 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 2 – point b
(b) 50% where a Member State’s weighted intensity of use and risk of chemical plant protection products during the average of the years 20151, 20162 and 20173 is between 70% and 140% of the Union average;
2023/06/02
Committee: AGRI
Amendment 594 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 2 – point c
(c) 65% where a Member State’s weighted intensity of use and risk of chemical plant protection products during the average of the years 20151, 20162 and 20173 is more than 140% of the Union average.
2023/06/02
Committee: AGRI
Amendment 607 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 3 – point b
(b) where a Member State has increased the use and risk of chemical plant protection products, or has made a smaller reduction than the Union average between the average of the years 2011, 2012 and 2013 and the average of the years 2015, 2016 and 2017, a figure that is established by adding to 50% the difference between the reduction or, as applicable, increase achieved and the Union average reduction, but without surpassing 70%.
2023/06/02
Committee: AGRI
Amendment 610 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 4
For the purposes of this paragraph ‘weighted intensity of use and risk of chemical plant protection products’ means a value corresponding to the kilograms of chemical active substances in plant protection products sold per year in a Member State, weighted according to their hazard weightings as set out in row (iii) of the Table of Annex I, divided by the number of hectares of utilised agricultural area in that Member State.deleted
2023/06/02
Committee: AGRI
Amendment 616 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 1
A Member State may reduce its national target for the use of the more hazardous plant protection products referred to in paragraph 4 to a percentage that is a mid- point between the figure related to intensity as laid down in the second subparagraph of this paragraph and the figure related to use as laid down in the third subparagraph of this paragraph. Where that percentage is higher than 50%, the Member State shall increase its national target to that percentage.
2023/06/02
Committee: AGRI
Amendment 624 #

2022/0196(COD)

Proposal for a regulation
Recital 43
(43) In order to enforce the obligations set out in this Regulation, Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are enforced. The penalties should be effective, proportionate and dissuasive. It is also important to provide for Member States to recover costs related to carrying out obligations under this Regulation by means of fees or charges in order to ensure that adequate financial resources are available to competent authorities.deleted
2023/04/04
Committee: ENVI
Amendment 624 #

2022/0196(COD)

(a) 35% where a Member State’s intensity of use of the more hazardous plant protection products during the average of the years 20151, 20162 and 20173 is less than 70% of the Union average;
2023/06/02
Committee: AGRI
Amendment 633 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 2 – point b
(b) 50% where a Member State’s intensity of use of the more hazardous plant protection products during the average of the years 20151, 20162 and 20173 is between 70% and 140% of the Union average;
2023/06/02
Committee: AGRI
Amendment 637 #

2022/0196(COD)

Proposal for a regulation
Recital 45
(45) Activities performed by the competent authorities, or by other bodies or natural persons to which official control tasks have been delegated, in order to verify compliance by operators with this Regulation, are, with the exception of control tasks related to equipment used to apply plant protection products, regulated by Regulation (EU) 2017/625 of the European Parliament and of the Council.75 Therefore, this Regulation only needs to provide for controls and audits in respect of inspection of application equipment in professional use. __________________ 75 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).deleted
2023/04/04
Committee: ENVI
Amendment 643 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 2 – point c
(c) 65% where a Member State’s intensity of use of the more hazardous plant protection products during the average of the years 20151, 20162 and 20173 is more than 140% of the Union average.
2023/06/02
Committee: AGRI
Amendment 647 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 3 – point a
(a) where a Member State has achieved a greater reduction in the use of the more hazardous plant protection products than the Union average between the average of the years 2011, 2012 and 2013 and the average of the years 2015, 2016 and 2017, a figure that is established by subtracting from 50% the difference between the reduction achieved and the Union average reduction;
2023/06/02
Committee: AGRI
Amendment 654 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 3 – point b
(b) where a Member State has increased the use of the more hazardous plant protection products, or has made a smaller reduction than the Union average between the average of the years 2011, 2012 and 2013 and the average of the years 2015, 2016 and 2017, a figure that is established by adding to 50% the difference between the reduction or, as applicable, increase achieved and the Union average reduction, but without surpassing 70%.
2023/06/02
Committee: AGRI
Amendment 662 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 7
7.(7) Member States with outermost regions, as listed in Article 349 of the Treaty, may take into account the specific needs of these regions as regards the use of plant protection products when adopting national 2030 reduction targetstarget ranges for [OP: please insert the date - 10 years after the date of application of this Regulation], due to the particular climatic conditions and crops in these regions.
2023/06/02
Committee: AGRI
Amendment 671 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 8
8.(8) In no case may the application of paragraph 5, paragraph 6 and paragraph 7 result in either of the 2030 national reduction targets for ... [OP please insert the date - 10 years after the date of application of this Regulation] being lower than 35%.
2023/06/02
Committee: AGRI
Amendment 678 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 9
9.(9) By … [OP: please insert the date – 7 months after the date of application of this Regulation], each Member State shall communicate its national 2030 reduction targetstarget ranges for [OP: please insert the date - 10 years after the date of application of this Regulation] to the Commission.
2023/06/02
Committee: AGRI
Amendment 686 #

2022/0196(COD)

Proposal for a regulation
Article 5 – paragraph 10
(10.) If a Member State fails to adopt a national 2030 reduction targettarget range for [OP: please insert the date – 10 years after application of this Regulation], by … [OJ: please insert the date – 6 months after the date of application of this Regulation], that target shall be deemed to be either 50%; or, where the percentage would be above 50% in accordance with paragraph 5 or paragraph 6, that higher percentage.
2023/06/02
Committee: AGRI
Amendment 697 #

2022/0196(COD)

Proposal for a regulation
Article 6 – paragraph 1
1.(1) The Commission shall review the national 2030 reduction targetstarget ranges for ... [OP: please please insert the date – 10 years after application of this Regulation] communicated to it in accordance with Article 5(9) and the information explaining any lowering of targets made in accordance with Article 5(5) or Article 5(6).
2023/06/02
Committee: AGRI
Amendment 704 #

2022/0196(COD)

Proposal for a regulation
Article 6 – paragraph 2
2.(2) Where the Commission concludes, on the basis of the information made available to it, that the national 2030 reduction tartarget rangets communicated by a Member Statefor … [OP: [OP: please insert the date – 10 years after the date of application of this Regulation] need to be set at a more ambitious level, it shall, by ... [OP: please insert the date – 1 year after the date of application of this Regulation], recommend that the Member State to increase the level of its national 2030 reduction targetss its national target ranges by ... [OP: please insert the date - 10 years after the date of application of this Regulation]. The Commission shall make that recommendation public.
2023/06/02
Committee: AGRI
Amendment 710 #

2022/0196(COD)

Proposal for a regulation
Article 6 – paragraph 3
3.(3) Where a Member State adjusts its national 2030 reduction targetstarget ranges for ... [OP: please insert the date - 10 years after the date of application of this Regulation] as recommended by the Commission, it shall amend the national targets set in its national legislation in accordance with Article 5 and include the adjusted targets in its national action plan together with the Commission's recommendation.
2023/06/02
Committee: AGRI
Amendment 717 #

2022/0196(COD)

Proposal for a regulation
Article 6 – paragraph 4
4.(4) Where a Member States decides not to adjust its national 2030 reduction targetstarget ranges for ... [OP: please insert the date - 10 years after the date of application of this Regulation], as recommended by the Commission, it shall include the justifications for such decision in its national action plan together with the text of the recommendation.
2023/06/02
Committee: AGRI
Amendment 728 #

2022/0196(COD)

Proposal for a regulation
Article 6 – paragraph 6
6.(6) Having assessed the level of national 2030 reducnational target ranges of all Member States for [OP: please insert the date - 10 years after the date of application of this Regulation] set in accordance with Article 5, the Commission shall verify whether their average at least equals 50% so as to achieve the corresponding Union 2030the resulting average reduction targetin the EU.
2023/06/02
Committee: AGRI
Amendment 733 #

2022/0196(COD)

Proposal for a regulation
Article 6 – paragraph 7
7. If the average of national 2030 reduction targets of all Member States is lower than 50%, the Commission shall recommend that one or more Member States increase the level of their national 2030 reduction targets in order to achieve the Union 2030 reduction targets. The Commission shall make any such recommendation public.deleted
2023/06/02
Committee: AGRI
Amendment 742 #

2022/0196(COD)

Proposal for a regulation
Article 6 – paragraph 8
8. Within one month of receiving the recommendation referred to in paragraph 7, a Member State shall take one of the following actions: (a) adjust its national 2030 reduction targets as recommended by the Commission, amend the national targets set in its national legislation in accordance with Article 5 and include the adjusted targets in its national action plan together with the Commission recommendation; (b) provide justifications for not adjusting its national 2030 reduction targets as recommended by the Commission, and include the justifications for such decision in its national action plan together with the Commission recommendation.deleted
2023/06/02
Committee: AGRI
Amendment 755 #

2022/0196(COD)

Proposal for a regulation
Article 7 – title
Publication of Union and national 2030 reduction tartrends in Union reduction targets and national target rangets trends by the Commission for ... [OP: please insert the date - 10 years after the date of application of this Regulation]
2023/06/02
Committee: AGRI
Amendment 760 #

2022/0196(COD)

Proposal for a regulation
Article 7 – paragraph 1
1.(1) By 31 August of each calendar year, the Commission shall publish on a website the average trends in progress towards achieving the Union 2030 reduction targetsa reduction in the EU by ... [OP: please insert the date - 10 years after the date of application of this Regulation]. These trends shall be calculated as the difference between the average of the years 20151-20173 and the year ending 20 months prior to the publication. The trends shall be calculated in accordance with the methodology set out in Annex I.
2023/06/02
Committee: AGRI
Amendment 769 #

2022/0196(COD)

Proposal for a regulation
Article 7 – paragraph 3
3.(3) By 31 August of each calendar year, the Commission shall publish information for each Member State on trends in progress towards achieving the national 2030 reduction targetstarget ranges for ... [OP: please insert the date - 10 years after the date of application of this Regulation]. These trends shall be calculated as the difference between the average of the years 20151- 20173 and the year ending 20 months prior to the publication. The trends shall be calculated in accordance with the methodology set out in Annex I, on the website referred to in paragraph 1.
2023/06/02
Committee: AGRI
Amendment 783 #
2023/06/02
Committee: AGRI
Amendment 793 #
2023/06/02
Committee: AGRI
Amendment 799 #

2022/0196(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point c
(c) details of planned progress in relation to the elements relevant for the implementation of this Regulation listed in Part 2 of Annex II;deleted
2023/06/02
Committee: AGRI
Amendment 805 #

2022/0196(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point d
(d) a link to the relevant parts of CAP strategic plans, drawn-up in accordance with Regulation (EU) 2021/2115, which set out plans for an increase in the utilised agricultural area engaged in organic farming and how the plans will contribute to achieving the target set out in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally- friendly food system84of having 25% of the utilised agricultural area devoted to organic farming by 2030; _________________ 84 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system (COM/2020/381 final).deleted
2023/06/02
Committee: AGRI
Amendment 835 #

2022/0196(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point i
(i) other planned and adopted measures to support, or ensure through binding requirements laid down in national law, the sustainable use of plant protection products in line with integrated pest management principles, including those contained in crop-specific rules as set out in Article 15(1).
2023/06/02
Committee: AGRI
Amendment 850 #

2022/0196(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 4
The updated versions of national action plans published until and including 2030 shall contain the information listed in the first subparagraph, points (a) to (i).deleted
2023/06/02
Committee: AGRI
Amendment 857 #

2022/0196(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 5
The updated versions of national action plans published after 2030 shall contain the information listed in the first subparagraph, points (c) to (i).deleted
2023/06/02
Committee: AGRI
Amendment 864 #

2022/0196(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. Each Member State shall carry out a public consultation process prior to the adoption or modification of its national action plan in accordance with the requirements of Directive 2001/42/EC of the European Parliament and of the Council85. _________________ 85 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).deleted
2023/06/02
Committee: AGRI
Amendment 869 #

2022/0196(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. National action plans shall be consistent with the plans of Member States drawn-up in accordance with Directives 91/676/EEC, 92/43/EEC, 2000/60/EC, 2008/50/EC, 2009/147/EC and (EU) 2016/2284 and Regulation xxx/xxx on nature restoration [reference to adopted act to be inserted], be consistent with the CAP Strategic Plans drawn-up in accordance with Regulation (EU) 2021/2115 and shall contain explanations how the national action plan is consistent with those plans.deleted
2023/06/02
Committee: AGRI
Amendment 881 #

2022/0196(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. National action plans published until and including 2030 shall include all of the following information related to the national 2030 reduction targets: (a) a list of at least the 5 active substances that most strongly influence the trend in the reduction in the use and risk of chemical plant protection products, and of the use of the more hazardous plant protection products, as determined by applying the methodology set out in Annex I, during the 3 years preceding the adoption of the national action plan; (b) a list of the crops on which each of the active substances referred to in point (a) are most widely used and the number of hectares of each crop treated; (c) a list of pests against which the active substances referred to in point (a) are used on the crops referred to in point (b); (d) for each of the pests referred to in point (c), a list of non-chemical methods used or likely to be available by 2030.deleted
2023/06/02
Committee: AGRI
Amendment 886 #

2022/0196(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point a
(a) a list of at least the 5 active substances that most strongly influence the trend in the reduction in the use and risk of chemical plant protection products, and of the use of the more hazardous plant protection products, as determined by applying the methodology set out in Annex I, during the 3 years preceding the adoption of the national action plan;deleted
2023/06/02
Committee: AGRI
Amendment 889 #

2022/0196(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point b
(b) a list of the crops on which each of the active substances referred to in point (a) are most widely used and the number of hectares of each crop treadeleted;
2023/06/02
Committee: AGRI
Amendment 893 #

2022/0196(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point c
(c) a list of pests against which the active substances referred to in point (a) are used on the crops referred to in point (b);deleted
2023/06/02
Committee: AGRI
Amendment 896 #

2022/0196(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point d
(d) for each of the pests referred to in point (c), a list of non-chemical methods used or likely to be available by 2030.deleted
2023/06/02
Committee: AGRI
Amendment 907 #

2022/0196(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. For each non-chemical method listed in accordance with paragraph 1, point (d), national action plans shall indicate all of the following: (a) the estimated scale of its use, based on data on the sale of plant protection products, surveys and expert judgement, during the 3 calendar years preceding the adoption of the national action plan, together with a national indicative target for increasing its use by 2030 and a list of potential obstacles to achieving this increase; (b) a list of measures and other actions to be taken by the Member State and by other actors to address the potential obstacles referred to in point (a), with a detailed timeline of intermediary steps and the authorities responsible for each of the steps to be taken by the Member State.deleted
2023/06/02
Committee: AGRI
Amendment 912 #

2022/0196(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point a
(a) the estimated scale of its use, based on data on the sale of plant protection products, surveys and expert judgement, during the 3 calendar years preceding the adoption of the national action plan, together with a national indicative target for increasing its use by 2030 and a list of potential obstacles to achieving this increase;deleted
2023/06/02
Committee: AGRI
Amendment 919 #

2022/0196(COD)

Proposal for a regulation
Article 9 – paragraph 2 – point b
(b) a list of measures and other actions to be taken by the Member State and by other actors to address the potential obstacles referred to in point (a), with a detailed timeline of intermediary steps and the authorities responsible for each of the steps to be taken by the Member State.deleted
2023/06/02
Committee: AGRI
Amendment 923 #

2022/0196(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. In relation to at least the 5 crops that most strongly influenced the trend in the use and risk of chemical plant protection products, and the trend in the use of the more hazardous plant protection products, as determined by applying the methodology set out in Annex I, during the 3 years preceding the adoption of the national action plan, the national action plan shall indicate all of the following: (a) the percentage of all plant protection products used on those crops which were biological controls during the 3 calendar years preceding the adoption of the national action plan, together with the national indicative targets for increasing that percentage by 2030 and a list of the potential obstacles to achieving that increased percentage; (b) a list of measures and other actions to be taken by the Member State and by other actors to address the potential obstacles referred to in point (a), with a detailed timeline of intermediary steps and the authorities responsible for each step to be taken by the Member State.deleted
2023/06/02
Committee: AGRI
Amendment 925 #

2022/0196(COD)

Proposal for a regulation
Article 9 – paragraph 3 – point a
(a) the percentage of all plant protection products used on those crops which were biological controls during the 3 calendar years preceding the adoption of the national action plan, together with the national indicative targets for increasing that percentage by 2030 and a list of the potential obstacles to achieving that increased percentage;deleted
2023/06/02
Committee: AGRI
Amendment 929 #

2022/0196(COD)

Proposal for a regulation
Article 9 – paragraph 3 – point b
(b) a list of measures and other actions to be taken by the Member State and by other actors to address the potential obstacles referred to in point (a), with a detailed timeline of intermediary steps and the authorities responsible for each step to be taken by the Member State.deleted
2023/06/02
Committee: AGRI
Amendment 933 #

2022/0196(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. National action plans shall also include national indicative targets for increasing the percentage of overall sales of plant protection products which are not chemical plant protection products from a baseline period of the 3 calendar years preceding the adoption of the national action plan.deleted
2023/06/02
Committee: AGRI
Amendment 937 #

2022/0196(COD)

Proposal for a regulation
Article 10
Annual progress and implementation 1. By 31 August every year, but not sooner than [OP: please insert the date – 30 months after the date of application of this Regulation], each Member State shall submit to the Commission an annual progress and implementation report containing the information listed in Annex II. 2. The annual progress and implementation report shall include: (a) all trends in progress towards achieving the national 2030 reduction targets as set out in Part 1 of Annex II, calculated in accordance with the methodology set out in Annex I as the difference between the average of the years 2015-2017 and the year ending 20 months prior to the publication; (b) all trends in progress towards achieving national indicative targets set out in Article 9(2), point (a), Article 9(3), point (a), and Article 9(4) ), calculated annually as the difference between the extent of use in the 3 calendar years preceding the adoption of the national action plan in accordance with Article 9(1) and the calendar year ending 20 months prior to the publication of the relevant annual progress and implementation report; (c) all other quantitative data in relation to implementation of this Regulation as set out in Part 2 of Annex II; (d) the outcome of the evaluation of the results of each harmonised risk indicator carried out in accordance with Article 36(1); (e) all trends in progress towards achieving an increase in the utilised agricultural area under organic farming referred to in Article 8(1), point (d). 3. Each Member State shall publish its annual progress and implementation report on a website and inform the Commission thereof. 4. The Commission may request a Member State to include further details in its annual progress and implementation report. Within 2 months of receipt of the Commission’s request, the Member State concerned shall respond to the request and shall publish its response on the website referred to in paragraph 3. 5. The Commission shall publish annual progress and implementation reports of the Member States on a website. 6. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending Annex II in order to take into account data relevant to the sustainable use of plant protection products.rticle 10 deleted reports
2023/06/02
Committee: AGRI
Amendment 940 #

2022/0196(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. By 31 August every year, but not sooner than [OP: please insert the date – 30 months after the date of application of this Regulation], each Member State shall submit to the Commission an annual progress and implementation report containing the information listed in Annex II.deleted
2023/06/02
Committee: AGRI
Amendment 944 #

2022/0196(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. The annual progress and implementation report shall include: (a) all trends in progress towards achieving the national 2030 reduction targets as set out in Part 1 of Annex II, calculated in accordance with the methodology set out in Annex I as the difference between the average of the years 2015-2017 and the year ending 20 months prior to the publication; (b) all trends in progress towards achieving national indicative targets set out in Article 9(2), point (a), Article 9(3), point (a), and Article 9(4) ), calculated annually as the difference between the extent of use in the 3 calendar years preceding the adoption of the national action plan in accordance with Article 9(1) and the calendar year ending 20 months prior to the publication of the relevant annual progress and implementation report; (c) all other quantitative data in relation to implementation of this Regulation as set out in Part 2 of Annex II; (d) the outcome of the evaluation of the results of each harmonised risk indicator carried out in accordance with Article 36(1); (e) all trends in progress towards achieving an increase in the utilised agricultural area under organic farming referred to in Article 8(1), point (d).deleted
2023/06/02
Committee: AGRI
Amendment 947 #

2022/0196(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point a
(a) all trends in progress towards achieving the national 2030 reduction targets as set out in Part 1 of Annex II, calculated in accordance with the methodology set out in Annex I as the difference between the average of the years 2015-2017 and the year ending 20 months prior to the publication;deleted
2023/06/02
Committee: AGRI
Amendment 955 #

2022/0196(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point b
(b) all trends in progress towards achieving national indicative targets set out in Article 9(2), point (a), Article 9(3), point (a), and Article 9(4) ), calculated annually as the difference between the extent of use in the 3 calendar years preceding the adoption of the national action plan in accordance with Article 9(1) and the calendar year ending 20 months prior to the publication of the relevant annual progress and implementation report;deleted
2023/06/02
Committee: AGRI
Amendment 958 #

2022/0196(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point c
(c) all other quantitative data in relation to implementation of this Regulation as set out in Part 2 of Annex II;deleted
2023/06/02
Committee: AGRI
Amendment 960 #

2022/0196(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point d
(d) the outcome of the evaluation of the results of each harmonised risk indicator carried out in accordance with Article 36(1);deleted
2023/06/02
Committee: AGRI
Amendment 961 #

2022/0196(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point e
(e) all trends in progress towards achieving an increase in the utilised agricultural area under organic farming referred to in Article 8(1), point (d).deleted
2023/06/02
Committee: AGRI
Amendment 964 #

2022/0196(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Each Member State shall publish its annual progress and implementation report on a website and inform the Commission thereof.deleted
2023/06/02
Committee: AGRI
Amendment 969 #

2022/0196(COD)

Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1
The Commission may request a Member State to include further details in its annual progress and implementation report.deleted
2023/06/02
Committee: AGRI
Amendment 972 #

2022/0196(COD)

Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
Within 2 months of receipt of the Commission’s request, the Member State concerned shall respond to the request and shall publish its response on the website referred to in paragraph 3.deleted
2023/06/02
Committee: AGRI
Amendment 974 #
2023/06/02
Committee: AGRI
Amendment 977 #

2022/0196(COD)

Proposal for a regulation
Article 10 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending Annex II in order to take into account data relevant to the sustainable use of plant protection products.
2023/06/02
Committee: AGRI
Amendment 984 #

2022/0196(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. By … [OP: please insert the date – 2 years after the date of application of this Regulation], and every 2 years thereafter until 2030, the Commission shall publish on a website an analysis of: (a) the trends in progress towards the Union 2030 reduction targets; (b) Member States’ progress towards achieving the national 2030 reduction targets.deleted
2023/06/02
Committee: AGRI
Amendment 992 #
2023/06/02
Committee: AGRI
Amendment 997 #

2022/0196(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. As from … [OP: please insert the date – 4 years after the date of application of this Regulation], the Commission shall include in the analysis referred to in paragraph 1 an analysis of the information to be provided by Member States in accordance with Article 10(2), points (a), (b) and (c).deleted
2023/06/02
Committee: AGRI
Amendment 998 #

2022/0196(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. Following the analysis referred to in paragraph 2, the Commission may make a recommendation to a Member State to take any of the following actions: (a) take additional measures; (b) increase the level of ambition of any of national indicative target set out in Article 9(2), point (a), Article 9(3), point (a), and Article 9(4).deleted
2023/06/02
Committee: AGRI
Amendment 1003 #

2022/0196(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. A Member State that has received a recommendation from the Commission to take additional measures in accordance with paragraph 3 shall provide one of the following pieces of information in its subsequent annual progress and implementation report: (a) a description of measures taken as a response to the recommendation; (b) the reasons for not following the Commission’s recommendation.deleted
2023/06/02
Committee: AGRI
Amendment 1006 #

2022/0196(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. A Member State that has received a recommendation from the Commission in accordance with paragraph 3, point (b), to increase the level of ambition of a national indicative target set out in Article 9(2), point (a), Article 9(3), point (a),or Article 9(4) shall take one of the following actions: (a) change the level of the relevant target as set out in the recommendation by amending its national action plan within 6 months after receiving the recommendation; (b) provide reasons for not following the Commission’s recommendation in its subsequent annual progress and implementation report.deleted
2023/06/02
Committee: AGRI
Amendment 1009 #

2022/0196(COD)

Proposal for a regulation
Article 11 – paragraph 5 – point a
(a) change the level of the relevant target as set out in the recommendation by amending its national action plan within 6 months after receiving the recommendation;deleted
2023/06/02
Committee: AGRI
Amendment 1010 #

2022/0196(COD)

Proposal for a regulation
Article 11 – paragraph 5 – point b
(b) provide reasons for not following the Commission’s recommendation in its subsequent annual progress and implementation report.deleted
2023/06/02
Committee: AGRI
Amendment 1012 #

2022/0196(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. Where, on the basis of its analysis of the annual progress and implementation reports, the Commission concludes that the progress achieved is insufficient for the collective achievement of the Union 2030 reduction targets, it shall propose measures and exercise its other powers at Union level in order to ensure the collective achievement of those targets. Such measures shall take into consideration the level of ambition of contributions to the Union 2030 reduction targets by Member States set out in the national 2030 reduction targets adopted by them.deleted
2023/06/02
Committee: AGRI
Amendment 1018 #

2022/0196(COD)

Proposal for a regulation
Article 11 – paragraph 7
7. By … [OP: please insert the date – 5 years from the date of application of this Regulation], the Commission shall submit a report on annual progress and implementation reports to the European Parliament and the Council.deleted
2023/06/02
Committee: AGRI
Amendment 1029 #

2022/0196(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point a
(a) by applying Article 13the integrated pest management framework where no crop- specific rulguidelines have been adopted for the relevant crop and area in accordance with Article 15 by the Member State in which they operate;
2023/06/02
Committee: AGRI
Amendment 1034 #

2022/0196(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point b
(b) by applying crop-specific rulguidelines adopted by the Member State in which they operate for the relevant crop and area in accordance with Article 15 and performing the actions set out in Article 13(8).
2023/06/02
Committee: AGRI
Amendment 1044 #

2022/0196(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Advisors shall provide advice that is consistent with the applicable crop- specific rulguidelines and with integrated pest management.
2023/06/02
Committee: AGRI
Amendment 1050 #

2022/0196(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. Professional users shall first apply measures that do not require the use of chemical plant protection products for the prevention or suppression of harmful organisms before resorting to application of chemical plant protection products.deleted
2023/06/02
Committee: AGRI
Amendment 1069 #

2022/0196(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 – introductory part
A pProfessional users records referred to in Article 14(1) shallshall apply a farm-level integrated pest management concept which demonstrates that he or she has considered all of the following options have been considered:
2023/06/02
Committee: AGRI
Amendment 1092 #

2022/0196(COD)

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Where a professional user has not appliedtaken up, in the plan, a measure listed in the first subparagraph of this paragraph, the records referred to in Article 14(1) shall contain reasons thereofreasons for that shall be given. The plan shall be renewed every three years.
2023/06/02
Committee: AGRI
Amendment 1107 #

2022/0196(COD)

Proposal for a regulation
Article 13 – paragraph 4 – introductory part
4. Professional users shall use biological controls, physical and other non- chemical methods. Professional users mayshall only use chemical methods if they are necessary to achieve acceptable levels of harmful organism control afterif all other non- chemical methods as set out in paragraphs 1, 2 and 3 have been exhausted and whereor any of the following conditions has been satisfied:
2023/06/02
Committee: AGRI
Amendment 1118 #

2022/0196(COD)

Proposal for a regulation
Article 13 – paragraph 4 – point b
(b) where justified by a decision- support system, or by an advisor who meets the conditions laid down in Article 23, the professional user decides, by way of a recorded decision, to use chemical plant protection products methods for preventative reasons.
2023/06/02
Committee: AGRI
Amendment 1121 #

2022/0196(COD)

Proposal for a regulation
Article 13 – paragraph 5
5. Professional users shall apply plant protection products that are as specific as possible to control the harmful organisms and have the least side effects on human health, non-target organisms and the environment.deleted
2023/06/02
Committee: AGRI
Amendment 1135 #

2022/0196(COD)

Proposal for a regulation
Article 13 – paragraph 7 – subparagraph 2
Where a plant protection measure involves repeated use of plant protection products, pProfessional users shall use plant protection products with different modes of action where such products are available.
2023/06/02
Committee: AGRI
Amendment 1137 #

2022/0196(COD)

Proposal for a regulation
Article 13 – paragraph 8
8. Professional users shall perform all of the following actions: (a) check and document the level of success of the applied plant protection measures on the basis of the records on the use of plant protection products and other interventions, and the monitoring of harmful organisms; (b) apply the information obtained by performing the actions referred to in point (a) as part of the decision-making process regarding future interventions.deleted
2023/06/02
Committee: AGRI
Amendment 1150 #

2022/0196(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Where a professional user takes a preventative measure or performs an intervention, the professional user shall enter the following information in the electronic integrated pest management and plant protection product use register referred to in Article 16, which covers the area where the professional user operates: (a) any preventative measure or intervention and the reason for that preventative measure or intervention, including the identification and assessment of pest level, where no crop- specific rules have been adopted for the relevant crop and area by the Member State in which the professional user operates; (b) any preventative measure or intervention and the reason for that preventative measure or intervention, including the identification and assessment of pest level, performed with a reference to measurable criteria set out in the applicable crop-specific rules where crop-specific rules have been adopted for the relevant crop and area by the Member State in which the professional user operates.deleted
2023/06/02
Committee: AGRI
Amendment 1164 #

2022/0196(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. A professional user shall enter an electronic record in the electronic integrated pest management and plant protection product use register, referred to in Article 16 of the name of its advisor and the dates and the content of the advice received from it in accordance with Article 26(3). The professional user shall make those records available to the competent authority referred to in Article 15(2) upon request.deleted
2023/06/02
Committee: AGRI
Amendment 1169 #

2022/0196(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. A professional user shall enter an electronic record of each application of a plant protection product under Article 67 of Regulation (EC) No 1107/2009 in the electronic integrated pest management and plant protection product use register referred to in Article 16. A professional user shall also enter an electronic record specifying whether the application was done by aerial or land- based equipment. In the case of aerial application, a professional user shall specify the type of equipment used.
2023/06/02
Committee: AGRI
Amendment 1173 #

2022/0196(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. In order to ensure a uniform structure of the entries to be made by professional users in the electronic integrated pest management and plant protection product use register in accordance with paragraphs 1, 2 and 3, the Commission may, by means of implementing acts, adopt a standard template for such entries. Any such template shall include fields for inputting records that need to be kept in accordance with Article 67 of Regulation (EC) No 1107/2009 and shall require the use of a recognisable ID. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41(2).
2023/06/02
Committee: AGRI
Amendment 1182 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Member States shall adopt agronomic requirements based on integrated pest management controls that must be adhered to when growing or storing a particular crop and are designed to ensure that chemical crop protection is only used after all other non-chemical methods have been exhausted and when a threshold for intervention is reached (‘crop-specific rulguidelines’). The crop-specific rulguidelines shall implementtemise the principles of integrated pest management, set out in Article 13, for the relevant crop and be set out in a binding legal act.
2023/06/02
Committee: AGRI
Amendment 1190 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 1 a (new)
1a. Member States shall establish appropriate incentives to prompt professional users to implement crop- or sector-specific guidelines for integrated pest management on a voluntary basis. Public authorities or organisations representing particular professional users may draw up such guidelines. Member States shall refer to those guidelines that they consider relevant and appropriate in their National Action Plans.
2023/06/02
Committee: AGRI
Amendment 1196 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. Each Member State shall designate a competent authority responsible for ensuring that the crop-specific rulguidelines are scientifically robust and comply with this Article.
2023/06/02
Committee: AGRI
Amendment 1197 #

2022/0196(COD)

3. By … [OP: please insert the date = the first day in the month following 24 months after the date of entry into force of this Regulation] each Member State shall have in place effective and enforceable crop-specific rules, for crops covering an area that accounts for at least 90 % of its utilised agricultural area (excluding kitchen gardens). Member States shall determine the geographic scope of those rules taking account of relevant agronomic conditions, including, the type of soil and crops and the prevailing climatic conditions.deleted
2023/06/02
Committee: AGRI
Amendment 1208 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 4
4. At least 9 months prior to the point in time when a crop-specific rule becomes applicable under national law, the Member State shall perform all of the following actions: (a) publish a draft for public consultation; (b) take into account comments received from stakeholders and members of the public on the draft in a transparent manner; (c) submit the draft that takes into account the comments as referred to in point (b) to the Commission.deleted
2023/06/02
Committee: AGRI
Amendment 1222 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 5
5. Where the Commission is notified of a draft in accordance with paragraph 4, point (c), it may within 6 months of receipt of the draft object to its adoption by a Member State, if it considers that the draft does not comply with the criteria set out in paragraph 6. If the Commission objects, the Member State shall refrain from adopting the draft until it has amended the text so as to remedy the shortcomings identified in the Commission’s objections. The absence of a reaction from the Commission in accordance with this paragraph to a draft crop–specific rule shall not prejudice any action or decision which might be taken by the Commission under other Union acts.deleted
2023/06/02
Committee: AGRI
Amendment 1232 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 6 – introductory part
6. The crop-specific rulguidelines shall convertidentify, for individual crops, the requirements of integrated pest management laid down in Article 13 into verifiable criteria by, among others, spec, clarifying the following inter alia:
2023/06/02
Committee: AGRI
Amendment 1241 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 6 – point b
(b) the non-chemical interventions involving cultural, physical and biological control which are effective against the harmful organisms referred to in point (a) and qualitative criteria or conditions under which these interventions are tomay be made;
2023/06/02
Committee: AGRI
Amendment 1243 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 6 – point c
(c) the low-risk plant protection products or alternatives to chemical plant protection products which are effective against the harmful organisms referred to in point (a) and qualitative criteria or conditions under which these interventions are to be made;deleted
2023/06/02
Committee: AGRI
Amendment 1250 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 6 – point d
(d) chemical plant protection products that are not low-risk plant protection products and that are effective against the harmful organisms referred to in point (a) and qualitative criteria or conditions under which these interventions are to be made;deleted
2023/06/02
Committee: AGRI
Amendment 1256 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 6 – point e
(e) the quantitative criteria or conditions under which chemical plant protection products may be used after all other means of control that do not require the use of chemical plant protection products have been exhausted;deleted
2023/06/02
Committee: AGRI
Amendment 1272 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 6 – point f
(f) the measurable criteria or conditions under which more hazardous plant protection products may bare used after all other means of control that do not require the use of chemical plant protection products have been exhausted.;
2023/06/02
Committee: AGRI
Amendment 1287 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 7
7. Each Member State shall review its crop-specific rules annuallyguidelines every three years and update them where necessary, including when it is needed to reflect changes in the availability of harmful organism control tools.
2023/06/02
Committee: AGRI
Amendment 1289 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 8
8. A Member State that is planning to update a crop-specific rule shall, at least 6 months before the update becomes applicable under national law: (a) publish a draft of the updated rules for public consultation; (b) take into account comments received from stakeholders and members of the public on the draft in a transparent manner; (c) submit the draft that takes into account the comments as referred to in point (b) to the Commission.deleted
2023/06/02
Committee: AGRI
Amendment 1301 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 9
9. Where the Commission is notified of a draft under paragraph 8, it may within 3 months of receipt of the draft object to the updating of the crop-specific rule by a Member State, if it considers that the draft does not comply with the criteria set out in paragraph 6. If the Commission objects, the Member State shall refrain from updating the crop- specific rule until it has amended the text so as to remedy the shortcomings identified in the Commission’s objections. The absence of a reaction from the Commission in accordance with this paragraph to a draft crop–specific rule shall not prejudice any action or decision which might be taken by the Commission under other Union acts.deleted
2023/06/02
Committee: AGRI
Amendment 1312 #

2022/0196(COD)

Proposal for a regulation
Article 15 – paragraph 10
(10.) A Member State with significant climatic or agronomic differences between regions, shall adopt crop-specific rulguidelines for each of those regions.
2023/06/02
Committee: AGRI
Amendment 1315 #
2023/06/02
Committee: AGRI
Amendment 1329 #

2022/0196(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1
Each Member State shall designate a competent authority or competent authorities to establish and maintain an electronic integrated pest management and plant protection product use register or registers.
2023/06/02
Committee: AGRI
Amendment 1333 #

2022/0196(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2 – introductory part
The electronic integrated pest management and plant protection product use register or registers shall contain all of the following information for a period of at least 3 years from date of entry:
2023/06/02
Committee: AGRI
Amendment 1335 #

2022/0196(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2 – point a
(a) any preventative measure or intervention and the reasons for that preventative measure or intervention entered in accordance with Article 14(1);deleted
2023/06/02
Committee: AGRI
Amendment 1338 #

2022/0196(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2 – point b
(b) the name of the advisor and dates and content of advice entered in accordance with Article 14(2);deleted
2023/06/02
Committee: AGRI
Amendment 1343 #

2022/0196(COD)

Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2 – point c
(c) an electronic record of each application of a plant protection product under Article 67 of Regulation (EC) No 1107/2009 and a report on any aerial application carried out under Article 20, as required by Article 14(3).deleted
2023/06/02
Committee: AGRI
Amendment 1393 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 1
1.(1) The use of all plant protection products is prohibited in all sensitivshall be areas and within 3 metres of such stricted as fare as. This 3 metre buffer zone shall not be reduced by using alternative risk-mitigation techniques possible in the sensitive areas referred to in Article 3(16)(b).
2023/06/02
Committee: AGRI
Amendment 1404 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 2
2.(2) Member States may establish larger mandatory buffer zones adjacent to sensitive areasshall ensure that there is a causal link between the use of plant protection products and the objective of protecting a sensitive area. Areas or parts of those areas the preservation and protection of which are dependent on agricultural exploitation shall be exempted.
2023/06/02
Committee: AGRI
Amendment 1426 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 5
5. The competent authority referred to in paragraph 3 shall decide on the application for a permit for the use of a plant protection product within 2 weeks of its submission.deleted
2023/06/02
Committee: AGRI
Amendment 1432 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 6
6. The permit to use a plant protection product in a sensitive area shall indicate all of the following: (a) the conditions for limited and controlled use by the applicant; (b) the obligation to display notices regarding use of plant protection products on the perimeter of the area to be treated, and any specific form such display is to take; (c) risk mitigation measures; (d) the duration of validity of the permit.deleted
2023/06/02
Committee: AGRI
Amendment 1444 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 7
7. A professional user that has been granted a permit to use a plant protection product in a sensitive area shall display notices to that regard on the perimeter of the area to be treated in the form indicated in the permit.deleted
2023/06/02
Committee: AGRI
Amendment 1452 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 8
8. Where a permit for use of a plant protection product in a sensitive area is granted, before the first day of its validity, the competent authority referred to in paragraph 3 shall make publicly available the following information: (a) the location of the use; (b) the evidence for the exceptional circumstances justifying the application of a plant protection product; (c) the start and end date of the approval period of the permit, which shall not exceed 60 consecutive days; (d) the relevant weather conditions allowing a safe application; (e) the name of the plant protection product or products; (f) the application equipment to be used and the risk mitigation measures to be taken.deleted
2023/06/02
Committee: AGRI
Amendment 1471 #

2022/0196(COD)

Proposal for a regulation
Article 19
1. The use of all plant protection products is prohibited on all surface waters and within 3 metres of such waters. This 3 metre buffer zone shall not be reduced by using alternative risk-mitigation techniques. 2. Member States may establish larger mandatory buffer zones adjacent to surface waters. 3. By … [OP: please insert the date of application of this Regulation], Member States shall have in place appropriate measures to avoid deterioration of surface and groundwater status as well as coastal and marine waters and allow achievement of good surface and groundwater status, to protect the aquatic environment and drinking water supplies from the impact of plant protection products to achieve, at least, the objectives set out in Directives 2000/60/EC, 2006/118/EC, 2008/105/EC, 2008/56/EC and (EU) 2020/2184.Article 19 deleted Measures to protect the aquatic environment and drinking water
2023/06/02
Committee: AGRI
Amendment 1583 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph 1
1.(1) A distributor shall only sell a plant protection product authorised for professional use to a purchaser or his or her representative when that distributor has checked, at the time of purchase, that the purchaser or representative is a professional user and holds a training certificate for following courses for professional users issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
2023/06/02
Committee: AGRI
Amendment 1593 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph 2
2.(2) Where a purchaser is a legal person, a distributor may sell a plant protection product authorised for professional use to a representative of the purchaser of the plant protection product when that distributor has checked, at the time of purchase, that the representative is the holder of a training certificate for following courses for professional users issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
2023/06/02
Committee: AGRI
Amendment 1601 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph 3
3. A distributor shall direct a purchaser of a plant protection product to read its label prior to use and to use the product in accordance with the instructions on the label and shall inform the purchaser of the website referred to in Article 27.deleted
2023/06/02
Committee: AGRI
Amendment 1607 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph 5
5.(5) Each distributor shall ensure that it has sufficient staff that hold a training certificate for following courses for distributors issued in accordance with Article 25 orand has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5) available at the time of sale to provide adequate responses to purchasers of plant protection products at the moment of sale on their use, related health and environmental risksthe necessary knowledge of the health and environmental risks relating to storage and handling and of the appropriate safety instructions to manage those risks.
2023/06/02
Committee: AGRI
Amendment 1613 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph 6
6. The distributor referred to in paragraph 5 shall inform the purchaser of a plant protection product about less hazardous control techniques before the purchaser buys a plant protection product with a higher risk for human health and the environment.deleted
2023/06/02
Committee: AGRI
Amendment 1628 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 2
2.(2) Each Member State shall designate a competent authority or authorities responsible for the implementation of the system for the training and certification of all training referred to in paragraph 1 and, for issuing and renewing training certificates, updating the central electronic register, providing proof of entry in the central electronic register andand for overseeing that the tasks referred to in paragraph 1 are carried out by the body that provided the training.
2023/06/02
Committee: AGRI
Amendment 1638 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 4 – point b
(b) the employer of the professional user, distributor or advisor to whom the training was provided, where that employer is a legal person or a natural person in its professional capacity;deleted
2023/06/02
Committee: AGRI
Amendment 1647 #
2023/06/02
Committee: AGRI
Amendment 1675 #

2022/0196(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. Each Member State shall designate a competent authority to establish, oversee and monitor the operation of a system of independenexpert advisors for professional users. That system may make use of the impartial farm advisors referred to in Article 15 of Regulation (EU) No 2021/2115, who must be regularly trained and can be funded under Article 78 of the same regulationshall comprise advisors trained in accordance with Article 25.
2023/06/02
Committee: AGRI
Amendment 1677 #

2022/0196(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. The competent authority referred to in paragraph 1 shall ensure that any advisor registered in the system referred to in that paragraph (‘independent advisor’) is free from any conflict of interest and, in particular, is not in a situation which, directly or indirectly, could affect their ability to carry out their professional duties in an impartial manner.deleted
2023/06/02
Committee: AGRI
Amendment 1684 #

2022/0196(COD)

Proposal for a regulation
Article 26 – paragraph 3
3. Each professional user shall consult an independent advisor at least once a year for the purposes of receiving the strategic advice referred to in paragraph 4.deleted
2023/06/02
Committee: AGRI
Amendment 1693 #

2022/0196(COD)

Proposal for a regulation
Article 26 – paragraph 4 – introductory part
4. An expert advisor referred to in paragraph 3 shall provide strategic advice on the following subjects:
2023/06/02
Committee: AGRI
Amendment 1837 #

2022/0196(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. The methodology for calculating progress towards achieving the two Union 2030 reduction targets and the two national 2030 reduction targets until and including 2030... [OP: please insert the date – 10 years after the date of application of this Regulation] reduction targets and the two national ... [OP: please insert the date – 10 years after the date of application of this Regulation] corridor targets until and including ... [OP: please insert the date – 10 years after the date of application of this Regulation] is laid down in Annex I. This methodology shall be based on statistical data collected in accordance with Regulation (EC) No 1185/2009.
2023/06/02
Committee: AGRI
Amendment 1845 #

2022/0196(COD)

Proposal for a regulation
Article 34 – paragraph 2
2. Using the methodology set out in Annex I, the Commission shall calculate the results of progress towards achieving the two Union and two national 2030 reduction targets annually until and including 2030Union reduction targets and two national ... [OP: please insert the date – 10 years after the date of application of this Regulation] corridor targets annually until and including ... [OP: please insert the date – 10 years after the date of application of this Regulation] and publish those results on the website referred to in Article 7.
2023/06/02
Committee: AGRI
Amendment 1854 #

2022/0196(COD)

Proposal for a regulation
Article 35 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex VI in order to take into account technical progress, including progress in the availability of statistical data, and scientific and agronomic developments. Such delegated acts may modify the existing harmonised risk indicators or provide for new harmonised risk indicators, which may take into account Member States’ progress towards achieving the target of having 25% of their utilised agricultural area devoted to organic farming by 2030 as referred to in Article 8(1), point (d).
2023/06/02
Committee: AGRI
Amendment 2158 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 4
4. An application by a professional user for a permit for the use of a plant protection product in a sensitive area shall include the information necessary to demonstrate that the conditions set out in paragraph 3 are met.deleted
2023/04/05
Committee: ENVI
Amendment 2167 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 5
5. The competent authority referred to in paragraph 3 shall decide on the application for a permit for the use of a plant protection product within 2 weeks of its submission.deleted
2023/04/05
Committee: ENVI
Amendment 2172 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 6
6. The permit to use a plant protection product in a sensitive area shall indicate all of the following: (a) the conditions for limited and controlled use by the applicant; (b) the obligation to display notices regarding use of plant protection products on the perimeter of the area to be treated, and any specific form such display is to take; (c) (d) permit.deleted risk mitigation measures; the duration of validity of the
2023/04/05
Committee: ENVI
Amendment 2180 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 7
7. A professional user that has been granted a permit to use a plant protection product in a sensitive area shall display notices to that regard on the perimeter of the area to be treated in the form indicated in the permit.deleted
2023/04/05
Committee: ENVI
Amendment 2186 #

2022/0196(COD)

Proposal for a regulation
Article 18 – paragraph 8
8. Where a permit for use of a plant protection product in a sensitive area is granted, bedeleted the location of the use; the evidence fore the first day of its validity, the competent authority referred to in paragraph 3 shall make publicly available the following information: (a) (b) circumstances justifying the applicationexceptional the start and end date of the the relevant weather conditions the name of athe plant protection product; (c) approval period of the permit, which shall not exceed 60 consecutive days; (d) allowing a safe application; (e) product or products; (f) used and the risk mitigation measures to be taken.the application equipment to be
2023/04/05
Committee: ENVI
Amendment 2202 #

2022/0196(COD)

Proposal for a regulation
Article 19
Measures to protect the aquatic environment and drinking water 1. The use of all plant protection products is prohibited on all surface waters and within 3 metres of such waters. This 3 metre buffer zone shall not be reduced by using alternative risk- mitigation techniques. 2. Member States may establish larger mandatory buffer zones adjacent to surface waters. 3. of application of this Regulation], Member States shall have in place appropriate measures to avoid deterioration of surface and groundwater status as well as coastal and marine waters and allow achievement of good surface and groundwater status, to protect the aquatic environment and drinking water supplies from the impact of plant protection products to achieve, at least, the objectives set out in Directives 2000/60/EC, 2006/118/EC, 2008/105/EC, 2008/56/EC and (EU) 2020/2184.Article 19 deleted By … [OP: please insert the date
2023/04/05
Committee: ENVI
Amendment 2203 #

2022/0196(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. The use of all plant protection products is prohibited on all surface waters and within 3 metres of such waters. This 3 metre buffer zone shall not be reduced by using alternative risk- mitigation techniques.deleted
2023/04/05
Committee: ENVI
Amendment 2214 #

2022/0196(COD)

Proposal for a regulation
Article 19 – paragraph 1 a (new)
1a. Plant protection products may not be applied to bodies of water, with the exception of small bodies of water of minor importance for water management purposes, within 10 metres of the water body concerned, measured from the upper edge of the bank or, if there is no upper edge, from the mean water level line. By way of derogation from the first sentence, the minimum distance to be maintained shall be five metres if there is closed year- round vegetation cover. Tillage for vegetation renewal may be carried out once within five-year periods. The first five-year period shall start at XXX (to be inserted). If, when a given plant protection product is authorised, application-related provisions are laid down as regards greater distances or the plant protection equipment to be used, this shall be without prejudice to the obligation to comply with these provisions. The first to the fourth sentences shall not apply where a Member State has adopted or adopts provisions laying down different distances from bodies of water.
2023/04/05
Committee: ENVI
Amendment 2216 #

2022/0196(COD)

Proposal for a regulation
Article 19 – paragraph 1 b (new)
1b. The competent authority may authorise derogations from the first and second sentences of paragraph 1 in order to prevent significant agricultural, forestry-related or other economic harm or to protect native fauna and flora, in particular against invasive species.
2023/04/05
Committee: ENVI
Amendment 2266 #

2022/0196(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. Where certain categories of unmanned aircraft fulfil the criteria set out in paragraph 2, a Member State may exempt aAerial application by such unmanned aircraft from the prohibition laid down in Article 20(1) prior to any aerialwill not be prohibited for targeted application of plant protection products.
2023/04/05
Committee: ENVI
Amendment 2270 #

2022/0196(COD)

Proposal for a regulation
Article 21 – paragraph 2
2. An aerial application by an unmanned aircraft may be exempdeleted by the Member State from the prohibition laid down in Article 20(1) where factors related to the use of the unmanned aircraft demonstrate that the risks from its use are lower than the risks arising from other aerial equipment and land-based application equipment. These factors shall include criteria relating to: (a) unmanned aircraft, including in relation to spray drift, number and size of rotors, payload, boom width and overall weight, operating height and speed; (b) wind speed; (c) its topography; (d) products authorized for use as ultra-low volume formulations intechnical specifications of the the weather conditions, including the area to be sprayed, including the availability of plant protection potential use of unmanned aircraft the relevant Member State; (e) in conjunction with real time kinematic precision farming in certain cases; (f) pilots operating an unmanned aircraft; (g) multiple unmanned aircraft in the same area.el of training required for potential concurrent use of
2023/04/05
Committee: ENVI
Amendment 2291 #

2022/0196(COD)

Proposal for a regulation
Article 21 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 40 supplementing this Regulation to specify precise criteria in relation to the factors set out in paragraph 2 once technical progress and scientific developments allow for the development of such precise criteriatechnical qualifications, use or training.
2023/04/05
Committee: ENVI
Amendment 2330 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. Where a purchaser is a legal person, a distributor may sell a plant protection product authorised for professional use to a representative of the purchaser of the plant protection product when that distributor has checked, at the time of purchase, that the representative is the holder of a training certificate for following courses for professional users issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
2023/04/05
Committee: ENVI
Amendment 2335 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph 3
3. A distributor shall direct a purchaser of a plant protection product to read its label prior to use and to use the product in accordance with the instructions on the label and shall inform the purchaser of the website referred to in Article 27.deleted
2023/04/05
Committee: ENVI
Amendment 2344 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph 5
5. Each distributor shall ensure that it has sufficient staff that hold a training certificate for following courses for distributors issued in accordance with Article 25 orand has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5) available at the time of sale to provide adequate responses to purchasers of plant protection products at the moment of sale on their use, related health and environmental risksthe necessary knowledge of the health and environmental risks relating to storage and handling and of the appropriate safety instructions to manage those risks.
2023/04/05
Committee: ENVI
Amendment 2348 #

2022/0196(COD)

Proposal for a regulation
Article 24 – paragraph 6
6. The distributor referred to in paragraph 5 shall inform the purchaser of a plant protection product about less hazardous control techniques before the purchaser buys a plant protection product with a higher risk for human health and the environment.deleted
2023/04/05
Committee: ENVI
Amendment 2375 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. Each Member State shall designate a competent authority or authorities responsible for the implementation of the system for the training and certification of all training referred to in paragraph 1 and, for issuing and renewing training certificates, updating the central electronic register, providing proof of entry in the central electronic register andand for overseeing that the tasks referred to in paragraph 1 are carried out by the body that provided the training.
2023/04/05
Committee: ENVI
Amendment 2384 #

2022/0196(COD)

Proposal for a regulation
Article 25 – paragraph 4 – point b
(b) the employer of the professional user, distributor or advisor to whom the training was provided, where that employer is a legal person or a natural person in its professional capacity;deleted
2023/04/05
Committee: ENVI
Amendment 2423 #

2022/0196(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. Each Member State shall designate a competent authority to establish, oversee and monitor the operation of a system of independenexpert advisors for professional users. That system may make use of the impartial farm advisors referred to in Article 15 of Regulation (EU) No 2021/2115, who must be regularly trained and can be funded under Article 78 of the same regulationshall comprise advisors trained in accordance with Article 25.
2023/04/05
Committee: ENVI
Amendment 2426 #

2022/0196(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. The competent authority referred to in paragraph 1 shall ensure that any advisor registered in the system referred to in that paragraph (‘independent advisor’) is free from any conflict of interest and, in particular, is not in a situation which, directly or indirectly, could affect their ability to carry out their professional duties in an impartial manner.deleted
2023/04/05
Committee: ENVI
Amendment 2433 #

2022/0196(COD)

Proposal for a regulation
Article 26 – paragraph 3
3. Each professional user shall consult an independent advisor at least once a year for the purposes of receiving the strategic advice referred to in paragraph 4.deleted
2023/04/05
Committee: ENVI
Amendment 2440 #

2022/0196(COD)

Proposal for a regulation
Article 26 – paragraph 4 – introductory part
4. An advisor referred to in paragraph 3(4) An expert advisor shall provide strategic advice on the following subjects:
2023/04/05
Committee: ENVI
Amendment 2523 #

2022/0196(COD)

Proposal for a regulation
Article 29
Electronic register of application equipment in professional use 1. first day of the month following 9 months after the date of entry into force of this Regulation], an owner of application equipment in professional use shall enter the fact that he or she is the owner of the application equipment in the electronic register of application equipment in professional use referred to in Article 33, using the form set out in Annex V, unless the Member State in which the owner uses the equipment has exempted that equipment from inspection in accordance with Article 32(3). 2. professional use is sold, the seller and the buyer shall enter the fact of the sale, within 30 days after the sale, in the electronic register of application equipment in professional use referred to in Article 33, using the form set out in Annex V, unless the application equipment in professional use has been exempted from inspection in the relevant Member State(s) in accordance with Article 32(3). A similar obligation to enter a transfer of ownership in the electronic register applies in the case of any other changes of ownership of application equipment in professional use that has not been exempted from inspection in the relevant Member State(s) in accordance with Article 32(3). 3. If application equipment in professional use is withdrawn from use and is not intended to be used again, its owner shall, within 30 days after the withdrawal from use, enter the fact that the equipment has been withdrawn from use in the electronic register of application equipment in professional use referred to in Article 33, using the form set out in Annex V. 4. professional use is returned to use, its owner shall, within 30 days after the return to use, enter that fact in the electronic register of application equipment in professional use referred to in Article 33 using the form set out in Annex V. 5. adopt delegated acts in accordance with Article 40 amending Annex V in order to take into account technical progress and scientific developments.Article 29 deleted By … [OP please insert the date = If application equipment in If application equipment in The Commission is empowered to
2023/04/05
Committee: ENVI
Amendment 2613 #

2022/0196(COD)

Proposal for a regulation
Article 33
1. designated by a Member State pursuant to Article 30 shall establish and maintain a central electronic register to record: (a) parties pursuant to Article 20(2), point (b)(i), and Article 29; (b) certificates as set out in Article 31(6) and (7)(b); (c) paragraph 2 on application equipment in professional use in its Member State that has not been exempted from inspection under Article 32(3). 2. to in Article 30 shall, at the time of inspection, record the following information: (a) the name of the body carrying out the inspections; (b) the unique ID of the application equipment, if available; (c) the date of manufacture, if available; (d) the name and address of the current owner; (e) where there has been a transfer of ownership, the date of each transfer and the name and address of previous owners within the last five years; (f) the tank size; (g) the width of the horizontal spray boom, if applicable; (h) the nozzle type(s) present on the application equipment at the time of inspection; (i) in the case of boom sprayers, whether section and/or nozzle control through geospatial localisation technology is present or absent on the application equipment; (j) years, the date of each inspection carried out in accordance with Article 31; (k) whether the application equipment passed or failed each inspection caArticle 33 deleted Electronic register of application equipment in professional use Each competent authority information entered by third records of inspections and other information as set out in The competent authorities referried out under Article 31; (l) the reasons for any failed inspection. 3. Where application equipment does not bear a unique ID as referred to in paragraph 2, point (b), the competent authorities referred to in Article 30 shall supply a unique ID.for equipment older than three
2023/04/05
Committee: ENVI
Amendment 2614 #

2022/0196(COD)

Proposal for a regulation
Article 33
1. designated by a Member State pursuant to Article 30 shall establish and maintain a central electronic register to record: (a) parties pursuant to Article 20(2), point (b)(i), and Article 29; (b) certificates as set out in Article 31(6) and (7)(b); (c) paragraph 2 on application equipment in professional use in its Member State that has not been exempted from inspection under Article 32(3). 2. to in Article 30 shall, at the timeArticle 33 deleted Electronic register of application equipment in professional use Each competent authority information entered by third records of inspection, recors and othe followingr information: (a) the inspections; (b) equipment, if available; (c) available; (d) current owner; (e) ownership, the date of each transfer and the name and address of previous owners within the last five years; (f) (g) the width of the horizontal spray boom, if applicable; (h) the nozzle type(s) present on the application equipment at the time of inspection; (i) in the case of boom sprayers, whether section and/or nozzle control through geospatial localisation technology is present or absent as set out in The competent authorities referred the name of the body carrying out the unique ID onf the application equipment; (j) years, the date of each inspection carried out in accordance with Article 31; (k) whether the application equipment passed or failed each inspection carried out under Article 31; (l) the reasons for any failed inspection. 3. Where application equipment does not bear a unique ID as referred to in paragraph 2, point (b), the competent authorities referred to in Article 30 shall supply a unique ID.the date of manufacture, if the name and address of the where there has been a transfer of the tank size; for equipment older than three
2023/04/05
Committee: ENVI
Amendment 2648 #

2022/0196(COD)

Proposal for a regulation
Article 34 – paragraph 2
2. Using the methodology set out in Annex I, the Commission shall calculate the results of progress towards achieving the two... Union reduction and two national 2030 reduction targets annually until and including 2030... [OP: please insert the dates – 10 years after the date of application of this Regulation] corridor targets annually until and including ... [OP: please insert the date – 10 years after the date of application of this Regulation] and publish those results on the website referred to in Article 7.
2023/04/05
Committee: ENVI
Amendment 2662 #

2022/0196(COD)

Proposal for a regulation
Article 35 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 40 amending this Article and Annex VI in order to take into account technical progress, including progress in the availability of statistical data, and scientific and agronomic developments. Such delegated acts may modify the existing harmonised risk indicators or provide for new harmonised risk indicators, which may take into account Member States’ progress towards achieving the target of having 25% of their utilised agricultural area devoted to organic farming by 2030 as referred to in Article 8(1), point (d).
2023/04/05
Committee: ENVI
Amendment 2676 #

2022/0196(COD)

Proposal for a regulation
Article 36 – paragraph 1
1. Each Member State shall evaluate the results of each calculation of (a) progress towards achieving each of the two national 2030 reduction... [OP: please insert the date – 10 years after the date of application of this Regulation] corridor targets as referred to in Article 34 and (b) harmonised risk indicators at Member State level, as referred to in Article 35, each time the calculations are performed.
2023/04/05
Committee: ENVI
Amendment 193 #
2023/01/26
Committee: ENVI
Amendment 203 #

2022/0195(COD)

Proposal for a regulation
Recital 1
(1) It is necessary to lay down rules at Union level on the restoration of ecosystems to ensure the recovery and development to biodiverse and resilient nature across the Union territory. Restoring ecosystems also contributes to the Union climate change mitigation and climate change adaptation objectives.
2023/01/26
Committee: ENVI
Amendment 208 #

2022/0195(COD)

Proposal for a regulation
Recital 2
(2) The European Green Deal43 has set out an ambitious roadmap to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, aiming to protect, conserve and enhance the Union’s natural capital, and to protect the health and well- being of citizens from environment-related risks and impacts. The EU’s goals are to ensure food security in the face of climate change and biodiversity loss. As part of the European Green Deal, the Commission has adopted an EU Biodiversity Strategy for 203044 .source: https://commission.europa.eu/strategy- and-policy/priorities-2019- 2024/european-green-deal/agriculture- and-green-deal_en _________________ 43 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal, 11.12.2019 (COM (2019) 640 final). 44 Communication from the Commission to the European Parliament, the Council the European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030, Bringing nature back into our lives, 20.5.2020, COM(2020) 380 final.
2023/01/26
Committee: ENVI
Amendment 219 #

2022/0195(COD)

Proposal for a regulation
Recital 8
(8) In its resolution of 9 June 202149 , the European Parliament strongly welcomed the commitment to draw up a legislative proposal with binding nature restoration targets, and furthermore considered that in addition to an overall restoration target, ecosystem-, habitat- and species-specific restoration targets should be included, covering forests, grasslands, wetlands, peatlands, pollinators, free- flowing rivers, coastal areas and marine ecosystems. Russia's unprovoked invasion of Ukraine has triggered energy and food supply challenges, exacerbating existing food systems vulnerabilities, already weakened under the effect of climate change and the COVID 19 pandemic. Therefore, all objectives must be reviewed in relation to these events, with a special role for the guarantee of food safety. (https://www.europarl.europa.eu/thinktan k/en/document/EPRS_BRI(2022)733667) _________________ 49 European Parliament resolution of 9 June 2021 on the EU Biodiversity Strategy for 2030: Bringing nature back into our lives (2020/2273(INI)).
2023/01/26
Committee: ENVI
Amendment 224 #

2022/0195(COD)

Proposal for a regulation
Recital 9 a (new)
(9a) In a two-way process, climate change is one of the main drivers of biodiversity loss, but destruction of ecosystems undermines nature’s ability to regulate greenhouse gas (GHG) emissions and protects against extreme weather, thus accelerating climate change and increasing vulnerability to it. This explains why the two crises must be tackled together with holistic policies that address both issues simultaneously and not in silos.
2023/01/26
Committee: ENVI
Amendment 228 #

2022/0195(COD)

Proposal for a regulation
Recital 10
(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third should be under strict protection, including all remaining primary and old- growth forests. The criteria and guidance for the designation of additional protected areas by Member States51 (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. _________________ 51 Commission Staff Working Document Criteria and guidance for protected areas designations (SWD(2022) 23 final).
2023/01/26
Committee: ENVI
Amendment 230 #

2022/0195(COD)

Proposal for a regulation
Recital 10
(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third4 % should be under strict protection, including all remaining primary and old- growth forests. The criteria and guidance for the designation of additional protected areas by Member States51 (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. _________________ 51 Commission Staff Working Document Criteria and guidance for protected areas designations (SWD(2022) 23 final).
2023/01/26
Committee: ENVI
Amendment 237 #

2022/0195(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) At the COP 15 the nations supported the 23 targets for 2030 in the landmark biodiversity agreement and to ensure that areas under agriculture, aquaculture, fisheries and forestry are managed sustainably, in particular through the sustainable use of biodiversity, including through a substantial increase of the application of biodiversity friendly practices, such as sustainable intensification, agroecological and other innovative approaches contributing to the resilience and long- term efficiency and productivity of these production systems and to food security, conserving and restoring biodiversity and maintaining nature’s contributions to people, including ecosystem functions and services . https://ec.europa.eu/commission/presscor ner/detail/en/ip_22_7834 https://prod.drupal.www.infra.cbd.int/sites /default/files/2022-12/221219-CBD- PressRelease-COP15-Final_0.pdf
2023/01/26
Committee: ENVI
Amendment 242 #

2022/0195(COD)

(13) It is appropriate to set an overarching objective for ecosystem restoration to foster economic and societal transformation, the creation of high-quality jobs and sustainable growth. Biodiverse ecosystems such as wetland, freshwater, forest as well as agricultural, sparsely vegetated, marine, coastal and urban ecosystems deliver, if in good condition, a range of essential ecosystem services, and the benefits of restoring degraded ecosystems to good condition and the sustainable agricultural activity and forest management in all land and sea areas far outweigh the costs of restoration. Those services contribute to a broad range of socio-economic benefits, depending on the economic, social, cultural, regional and local characteristics.
2023/01/26
Committee: ENVI
Amendment 248 #

2022/0195(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) Member States should cooperate bilaterally and within regional and sub- regional cooperation mechanisms to protect biodiverse ecosystems especially if the ecosystems extend beyond the borders (cross border management). When ecosystems extend the borders of a Member State, national restoration and development plans should be extended to common regional restoration or development plans.
2023/01/26
Committee: ENVI
Amendment 249 #

2022/0195(COD)

Proposal for a regulation
Recital 14
(14) The United Nations Statistical Commission adopted the System of Environmental Economic Accounting - Ecosystem Accounting (SEEA EA)54 at its 52nd session in March 2021. SEEA EA constitutes an integrated and comprehensive statistical framework for organising data about habitats and landscapes, measuring the extent, condition and services of ecosystems, tracking changes in ecosystem assets, and linking this information to economic and other human activity. A reference to food security should be considered and included. _________________ 54 https://seea.un.org/sites/seea.un.org/files/d ocuments/EA/seea_ea_white_cover_final.p df.
2023/01/26
Committee: ENVI
Amendment 257 #

2022/0195(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) Living nature plays an important role in many climate-relevant processes (e.g. binding and release of CO2 and other greenhouse gases, water cycle, absorption of solar radiation). Changes in the biosphere therefore always have consequences for the climate system. At the same time climate change has both direct and indirect effects on nature, which should be taken into account to protect biodiversity. The geographical distribution of animal and plant species on Earth is determined to a large extent by climate. Changes in temperature and precipitation and in the frequency of extreme events have a direct influence on the annual rhythm, behaviour, reproduction, competitiveness and feeding relationships of species, competitive ability and feeding relationships of species. This can lead to major shifts in their distribution areas and in the species composition and structure of entire ecosystems. Indirect impacts on biodiversity arise from human responses to climate change, whether through adaptation of land use patterns, measures to protect populations from extreme events, or measures to reduce atmospheric greenhouse gas concentrations. The changes can be profound and affect large areas. Depending on how they are shaped, they can have positive and/or negative consequences for nature conservation.
2023/01/26
Committee: ENVI
Amendment 263 #

2022/0195(COD)

Proposal for a regulation
Recital 18
(18) Union climate policy is being revised in order to follow the pathway proposed in Regulation (EU) 2021/1119 to reduce net emissions by at least 55 % by 2030 compared to 1990. In particular, the proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2018/841 and (EU) 2018/199961 aims to strengthen the contribution of the land sector to the overall climate ambition for 2030 and aligns the objectives as regards accounting of emissions and removals from the land use, land use change and forestry (‘LULUCF’) sector with related policy initiatives on biodiversity. That proposal emphasises the need for the protection and enhancement of nature-based carbon removals, for the improvement of the resilience of ecosystems to climate change, for the restoration of degraded land and ecosystems, and for rewetting peatlands. It further aims to improve the monitoring and reporting of greenhouse gas emissions and removals ofrom land subject to protection and restoration. In this context, it is important that ecosystems in all land categories, including forests, grasslands, croplands and wetlands, are in good condition, which corresponds to the climatic regions, in order to be able to effectively capture and store carbon. _________________ 61 Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2018/841 as regards the scope, simplifying the compliance rules, setting out the targets of the Member States for 2030 and committing to the collective achievement of climate neutrality by 2035 in the land use, forestry and agriculture sector, and (EU) 2018/1999 as regards improvement in monitoring, reporting, tracking of progress and review (COM/2021/554 final).
2023/01/26
Committee: ENVI
Amendment 273 #

2022/0195(COD)

Proposal for a regulation
Recital 20
(20) In the final report of the Conference on the Future of Europe, citizens call on the Union to protect and restore biodiversity, the landscape and oceans, eliminate pollution and to foster knowledge, awareness, education, and dialogues on environment, climate change, energy use, and sustainability while at the same time ensuring food security.63 _________________ 63 Conference on the Future of Europe – Report on the Final Outcome, May 2022, Proposal 2 (1, 4, 5) p. 44, Proposal 6 (6) p. 48.
2023/01/26
Committee: ENVI
Amendment 280 #

2022/0195(COD)

Proposal for a regulation
Recital 22
(22) Soils are an integral part of terrestrial ecosystems. The Commission’s 2021 Communication ‘EU Soil Strategy for 2030’64 outlines the need to restore degraded soils and enhance soil biodiversity. The interests of landowners and land managers should be adequately taken into account. _________________ 64 Communication from the Commission to the European Parliament, Council, the European Economic and Social Committee and the Committee of the Regions. EU Soil Strategy for 2030 Reaping the benefits of healthy soils for people, food, nature and climate (COM/2021/699 final).
2023/01/26
Committee: ENVI
Amendment 287 #

2022/0195(COD)

Proposal for a regulation
Recital 24
(24) A framework and guidance67 already exist to determine good condition of habitat types protected under Directive 92/43/EEC and to determine sufficient quality and quantity of the habitats of species falling within the scope of that Directive. Restoration targets for those habitat types and habitats of species can be set based on that framework and guidance. However, such restoration will not be enough to reverse biodiversity loss and recover all ecosystems. Therefore, additional obligationproduction-integrated commitments should be established based on specific indicators in order to enhance biodiversity at the scale of wider ecosystems while at the same time guaranteeing food security. _________________ 67 DG Environment. 2017, “Reporting under Article 17 of the Habitats Directive: Explanatory notes and guidelines for the period 2013-2018” and DG Environment 2013, “Interpretation manual of European Union habitats Eur 28”.
2023/01/26
Committee: ENVI
Amendment 291 #

2022/0195(COD)

Proposal for a regulation
Recital 25
(25) Building on Directives 92/43/EEC and 2009/147/EC and in order to support the achievement of the objectives set out in those Directives, Member States should put in place restoration measures to ensure the recovery of protected habitats and species, including wild birds, across Union areas, also in areas that fall outside Natura 2000.;
2023/01/26
Committee: ENVI
Amendment 292 #

2022/0195(COD)

Proposal for a regulation
Recital 25
(25) Building on Directives 92/43/EEC and 2009/147/EC and in order to support the achievement of the objectives set out in those Directives, Member States should put in place restoration measures to ensure the recovery of protected habitats and species, including wild birds, across Union areas, also in areas that fall outside Natura 2000.
2023/01/26
Committee: ENVI
Amendment 293 #

2022/0195(COD)

Proposal for a regulation
Recital 25 a (new)
(25a) Voluntary and participatory approaches are preferable to regulatory measures in order to increase the acceptance of all actors in the implementation of the restoration and development objectives.
2023/01/26
Committee: ENVI
Amendment 298 #

2022/0195(COD)

Proposal for a regulation
Recital 27
(27) DAppropriate deadlines should therefore be established for putting in place restoration measures within and beyond Natura 2000 sites, in order to gradually improve the condition of protected habitat types across the Union as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. In order to give the necessary flexibility to Member States to put in place large scale restoration efforts, it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. This will allow Member States to choose which habitats to restore first within the group.
2023/01/26
Committee: ENVI
Amendment 300 #

2022/0195(COD)

Proposal for a regulation
Recital 27
(27) Deadlines should therefore be established for putting in place restoration measures within and beyond Natura 2000 sites, in order to gradually improve the condition of protected habitat types across the Union as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. In order to give the necessary flexibility to Member States to put in place large scale restoration efforts, it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. This will allow Member States to choose which habitats to restore first within the group.
2023/01/26
Committee: ENVI
Amendment 301 #

2022/0195(COD)

Proposal for a regulation
Recital 27 a (new)
(27a) If the favourable conservation status is not reached, a review should be carried out to determine why the favourable conservation status could not be achieved.
2023/01/26
Committee: ENVI
Amendment 303 #

2022/0195(COD)

Proposal for a regulation
Recital 28
(28) Similar requirements should be set for the habitats of species that fall within the scope of Directive 92/43/EEC and habitats of wild birds that fall within the scope of Directive 2009/147/EC, having special regard to the connectivity needed between both of those habitats in order for the species populations to thrive. Thereby intra-specific interactions that occur between individuals of the same species and inter-specific interactions that occur between two or more species need to be examined and taken into account.
2023/01/26
Committee: ENVI
Amendment 310 #

2022/0195(COD)

Proposal for a regulation
Recital 31
(31) In order to ensure that the restoration and development measures are efficient and that their results can be measured over time, it is essential that the areas that are subject to such restoration and development measures, with a view to improving the condition of habitats that fall within the scope of Annex I to Directive 92/43/EEC, to re-establish those habitats and to improve their connectivity, show a continuous improvement until good condition is reached. To measure the efficiency of the restoration and development measures, EU-wide common standards should apply.
2023/01/26
Committee: ENVI
Amendment 312 #

2022/0195(COD)

(31a) Successful habitat restoration requires understanding species life cycles and interactions, and the food, water, nutrients, space, and shelter that is necessary to sustain species populations. In some areas, restoration may not succeed in re-establishing the full assemblage of native species or the full extent of the original ecosystem’s structure and function due to environmental conditions such as climate change. In these cases, new ecosystems and habitats need to be developed.
2023/01/26
Committee: ENVI
Amendment 323 #

2022/0195(COD)

Proposal for a regulation
Recital 34
(34) It is important to ensure a gradual increase of the quality and quantity of the habitats of species that fall within the scope of Directive 92/43/EEC, as well as habitats of wild birds falling within the scope of Directive 2009/147/EC, taking into account product-integrated commitments across the territory of Member States and ultimately of the Union, until it is sufficient to ensure the long-term survival of those species.
2023/01/26
Committee: ENVI
Amendment 327 #

2022/0195(COD)

Proposal for a regulation
Recital 35
(35) It is important that the areas covered by habitat types falling within the scope of this Regulation do not deteriorate as compared to the current situation, considering the current restoration needs and the necessity not to further increase the restoration needs in the future. It is, however, appropriate to consider the possibility of force majeure, which may result in the deterioration of areas covered by those habitat types, as well as unavoidable habitat transformations which are directly caused by climate change, or as a result of a plan or project of overriding public interest, for which no less damaging alternative solutions are available, to be determined on a case by case basis, or of a plan or project authorised in accordance with Article 6(4) of Directive 92/43/EEC and on measures which are introduced to guarantee food security. Member States should provide scientific evidence for these exceptions.
2023/01/26
Committee: ENVI
Amendment 346 #

2022/0195(COD)

Proposal for a regulation
Recital 42
(42) To support the restoration and non- deterioration of terrestrial, freshwater, coastal and marine habitats, Member States haveshould ensure, as far as possible, the continued, long-term and sustainable impact of the restoration and development measures, including, where appropriate, the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’, to implement other effective area- based conservation measures, and to promote private land conservation measures.
2023/01/26
Committee: ENVI
Amendment 347 #

2022/0195(COD)

Proposal for a regulation
Recital 42
(42) To support the restoration and non- deterioration of terrestrial, freshwater, coastal and marine habitats, Member States haveshould ensure, as far as possible, the continued, long-term and sustainable impact of the restoration measures, including, where appropriate, the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’, to implement other effective area-based conservation measures, and to promote private land conservation measures.
2023/01/26
Committee: ENVI
Amendment 355 #

2022/0195(COD)

Proposal for a regulation
Recital 43 a (new)
(43a) With artificial light increasing, light pollution has become a pertinent issue. Its sources include building exterior and interior lighting, advertising, commercial properties, offices, factories, streetlights, and illuminated sporting venues. Light pollution is a driver of insect declines. Many insects are drawn to light, but artificial lights can create a fatal attraction. Declining insect populations negatively impact all species that rely on insects for food or pollination. Some predators exploit this attraction to their advantage, affecting food webs in unanticipated ways.
2023/01/26
Committee: ENVI
Amendment 357 #

2022/0195(COD)

Proposal for a regulation
Recital 43 b (new)
(43b) The sealing off of surfaces in cities has significant effects on factors such as biodiversity, water retention and heat stress. Gardens should be given special attention in this respect as depaving gardens can have large effects on water retention and urban heat stress at local level.
2023/01/26
Committee: ENVI
Amendment 363 #

2022/0195(COD)

Proposal for a regulation
Recital 44 a (new)
(44a) Urban green space designated in existing land-use plans of local authorities or through other local instruments of spatial function assignment shall be considered, especially those that are indicated for networking functions within the biotope network, for example urban green spaces that are enabling the exchange between flora and fauna. Where possible, data measurement tools for a more detailed individual assessment of green spaces, where green roofs, individual trees and private gardens, for example, can also be taken into account.
2023/01/26
Committee: ENVI
Amendment 370 #

2022/0195(COD)

Proposal for a regulation
Recital 45
(45) The EU Biodiversity Strategy for 2030 requires greater efforts to restore freshwater ecosystems and the natural functions of rivers. The restoration of freshwater ecosystems should include efforts to restore the natural longitudinal and lateral connectivity of rivers as well as their riparian areas and floodplains, including through the removal of barriers with a view to supporting the achievement of favourable conservation status for rivers, lakes and alluvial habitats and species living in those habitats protected by Directives 92/43/EEC and 2009/147/EC, and the achievement of one of the key objectives of the EU Biodiversity Strategy for 2030, namely, the restoration of at least 25 000 km of free-flowing rivers. When removing barriers, Member States should primarily address obsolete barriers, which are those that are no longer needed for renewable energy generation, inland navigation, water supply or other uses, without restricting the use of hydroelectric power.
2023/01/26
Committee: ENVI
Amendment 376 #

2022/0195(COD)

Proposal for a regulation
Recital 45 a (new)
(45a) Member States should ensure that Union environmental law is applied to the deployment of energy from renewable sources, the related transmission and distribution network elements as well as storage facilities based on the principle that the species protection refers to the entire population and not to the individual specimens.
2023/01/26
Committee: ENVI
Amendment 380 #

2022/0195(COD)

Proposal for a regulation
Recital 46
(46) In the Union, pollinators have dramatically declined in recent decades, with one in three bee species and butterfly species in decline, and one in ten such species on the verge of extinction. Pollinators are essential for the functioning of terrestrial ecosystems, human wellbeing and food security, by pollinating wild and cultivated plants. Almost EUR 5 000 000 000 of the EU’s annual agricultural output is directly attributed to insect pollinators70 . _________________ 70 Vysna, V., Maes, J., Petersen, J.E., La Notte, A., Vallecillo, S., Aizpurua, N., Ivits, E., Teller, A., Accounting for ecosystems and their services in the European Union (INCA). Final report from phase II of the INCA project aiming to develop a pilot for an integrated system of ecosystem accounts for the EU. Statistical report. Publications office of the European Union, Luxembourg, 2021.
2023/01/26
Committee: ENVI
Amendment 385 #

2022/0195(COD)

Proposal for a regulation
Recital 48
(48) The proposal for a Regulation of the European Parliament and of the Council on the sustainable use of plant protection products [for adoption on 22 June 2022, include title and number of the adopted act when available] aims to regulate one of the drivers of pollinator decline by prohibiting the use of pesticides in ecologically sensitive areas, many of which are covered by this Regulation, for example areas sustaining pollinator species which the European Red Lists76 classify as being threatened with extinction. _________________ 76 European Redlist - Environment - European Commission (europa.eu)deleted
2023/01/26
Committee: ENVI
Amendment 387 #

2022/0195(COD)

Proposal for a regulation
Recital 48
(48) The proposal for a Regulation of the European Parliament and of the Council on the sustainable use of plant protection products [for adoption on 22 June 2022, include title and number of the adopted act when available] aims to regulate one of the drivers of pollinator decline by prohibiting the use of pesticides in ecologically sensitive areas, many of which are covered by this Regulation, for example areas sustaining pollinator species which the European Red Lists76 classify as being threatened with extinction. Agricultural and forest ecosystems that are dedicated to the production of food, fodder and renewable raw materials are of specific socio-economic importance. Their production function should not be undermined. _________________ 76 European Redlist - Environment - European Commission (europa.eu)
2023/01/26
Committee: ENVI
Amendment 396 #

2022/0195(COD)

Proposal for a regulation
Recital 49
(49) Sustainable, resilient and biodiverse agricultural ecosystems are needed to provide safe, sustainable, nutritious and affordable food. Biodiversity-rich agricultural ecosystems also increase agriculture’s resilience to climate change and environmental risks, while ensuring food safety and security and creating new jobs in rural areas, in particular jobs linked to organic farming as well as rural tourism and recreation. Therefore, the Union needs to improve the biodiversity in its agricultural lands, through a variety of existing practices beneficial to or compatible with the biodiversity enhancement, including extensive agriculture. Extensive agriculture is vital for the maintenance of many species and habitats in biodiversity rich areas. There are many extensive agricultural practices which have multiple and significant benefits on the protection of biodiversity, ecosystem services and landscape features such as precision agriculture, new breeding techniques, organic farming, agro-ecology, agroforestry and low intensity permanent grassland.
2023/01/26
Committee: ENVI
Amendment 398 #

2022/0195(COD)

Proposal for a regulation
Recital 50
(50) Restoration measures need to be put in place to enhance the biodiversity of agricultural ecosystems across the Union, including in the areas not covered by habitat types that fall within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of agricultural ecosystems that would allow setting specific restoration targets for agricultural ecosystems, it is appropriate to set a generalthat fall within the scope of Directive 92/43/EEC. The obligation to improve biodiversity in agricultural ecosystems and measure the fulfilment of that obligation on theshould basise ofn existing indicators taking into account product- integrated commitments.
2023/01/26
Committee: ENVI
Amendment 410 #

2022/0195(COD)

Proposal for a regulation
Recital 52
(52) High-diversity landscape features on agricultural land, non productive areas and land use with high diversity in rural areas, including buffer strips, rotational or non-rotational fallow land, hedgerows, organic farmland, compensation areas, intercrops, extensive farmland, individual or groups of trees, tree rows, field margins, patches, ditches, streams, small wetlands, terraces, cairns, stonewalls, small ponds and cultural features, provide space for wild plants and animals, including pollinators, prevent soil erosion and depletion, filter air and water, support climate change mitigation and adaptation and agricultural productivity of pollination-dependent crops. Productive trees that are part of arable land agroforestry systems and productive elements in non-productive hedges can also be considerd as high biodiversity landscape features provided that they do not receive mineral fertilizers or pesticide treatment and if harvest takes place only at moments where it would not compromise high biodiversity levels. Therefore, a requirement to ensure an increasing trend for the share of agricultural land with high-diversity landscape features in rural areas should be set out. Such a requirement would enable the Union to achieve one of the other key commitments of the EU Biodiversity Strategy for 2030, namely, to cover at least 10 % of agricultural area with high-diversity landscape features. Increasing trends should also be achieved for other existing indicators, such as the grassland butterfly index and the stock of organic carbon in cropland mineral soils.
2023/01/26
Committee: ENVI
Amendment 415 #

2022/0195(COD)

Proposal for a regulation
Recital 52
(52) High-diversity landscape features on agricultural land, non-productive areas and land use with high diversity in rural areas, including buffer strips, rotational or non-rotational fallow land, hedgerows, organic farmland, compensation areas, intercrops, extensive farmland, individual or groups of trees, tree rows, field margins, patches, ditches, streams, small wetlands, terraces, cairns, stonewalls, small ponds and cultural features, provide space for wild plants and animals, including pollinators, prevent soil erosion and depletion, filter air and water, support climate change mitigation and adaptation and agricultural productivity of pollination-dependent crops. Productive trees that are part of arable land agroforestry systems and productive elements in non-productive hedges can also be considerd as high biodiversity landscape features provided that they do not receive mineral fertilizers or pesticide treatment and if harvest takes place only at moments where it would not compromise high biodiversity levels. Therefore, a requirement to ensure an increasing trend for the share of agricultural land with high- diversity landscape features should be set out. Such a requirement would enable the Union to achieve one of the other key commitments of the EU Biodiversity Strategy for 2030, namely, to cover at least 104 % of agricultural area with high-diversity landscape features. Increasing trends should also be achieved for other existing indicators, such as the grassland butterfly index and the stock of organic carbon in cropland mineral soils.
2023/01/26
Committee: ENVI
Amendment 419 #

2022/0195(COD)

Proposal for a regulation
Recital 53
(53) The Common Agricultural Policy (CAP) is focused on social, environmental and economic goals and aims to support and strengthen environmental protection, including biodiversity. The policy has among its specific objectives to contribute to halting and reversing biodiversity loss, enhance ecosystem services and preserve habitats and landscapes. The new CAP conditionality standard Nr. 8 on Good Agricultural and Environmental Conditions (GAEC 8)77 , requires beneficiaries of area related payments to have at least 4% of arable land at farm level devoted to non- productive areas and features, including land lying fallow and to retain existing landscape features. The 4% share to be attributed to compliance with that GAEC standard can be reduced to 3 % if certain pre-requisites are met78 . That obligation will contribute to Member States reaching a positive trend in high-diversity landscape features on agricultural land. In addition, under the CAP, Member States have the possibility to set up eco-schemes for agricultural practices carried out by farmers on agricultural areas that may include maintenance and creation of landscape features or non-productive areas. Similarly, in their CAP strategic plans, Member States can also include agri- environment-climate commitments including the enhanced management of landscape features going beyond conditionality GAEC 8 and/or eco- schemes. LIFE nature and biodiversity projects will also help to put Europe's biodiversity on agricultural land on a path to recovery by 2030, by supporting the implementation of Directive 92/43/EEC and Directive 2009/147/EC as well as the EU Biodiversity Strategy for 2030. _________________ 77 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013, OJ L 435, 6.12.2021, p. 1, 78 Where a farmer commits to devote at least 7% of his/her arable land to non- productive areas or features, including land lying fallow, under an enhanced eco- scheme or if there is a minimum share of at least 7 % of arable land at farm level that includes also catch crops or nitrogen fixing crops, cultivated without the use of plant protection products.
2023/01/26
Committee: ENVI
Amendment 420 #

2022/0195(COD)

Proposal for a regulation
Recital 54
(54) Restoration and rewetting79 of organic soils80 in agricultural use (i.e. under grassland and cropland use) constituting drained peatlands help achieve significant biodiversity benefits, an important reduction of green-house gas emissions and other environmental benefits, while at the same time contributing to a diverse agricultural landscape. Member States can choose from a wide range of restoration measures for drained peatlands in agricultural use spanning from converting cropland to permanent grassland, water level management, and extensification measures accompanied by reduced drainage, to full rewetting with the opportunity of paludicultural use, photovoltaic systems or the establishment of peat-forming vegetation. In case where an ecosystem is so affected by human activity or its natural condition is such that it may be unfeasible or unreasonably expensive to achieve good status, less stringent environmental objectives may be set on the basis of appropriate, evident and transparent criteria, and all practicable steps should be taken to prevent any further deterioration of the status of the ecosystem. The most significant climate benefits are created by restoring and rewetting cropland followed by the restoration of intensive grassland. Member States shall draft national restoration and development plans in cooperation with relevant stakeholders, outlining voluntary measures that landowners and land managers can choose to implement in rural areas. To allow for a flexible implementation of the restoration target for drained peatlands under agricultural use Member States may count the restoration measures and rewetting of drained peatlands in areas of peat extraction sites as well as, to a certain extent, the restoration and rewetting of drained peatlands under other land uses (for example forest) as contributing to the achievement of the targets for drained peatlands under agricultural use. _________________ 79 Rewetting is the process of changing a drained soil into a wet soil. Chapter 1 of IPCC 2014, 2013 and Supplement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories: Wetlands, Hiraishi, T., Krug, T., Tanabe, K., Srivastava, N., Baasansuren, J., Fukuda, M. and Troxler, T.G. (eds). 80 The term ‘organic soil’ is defined in IPCC 2006, 2006 IPCC Guidelines for National Greenhouse Gas Inventories, Prepared by the National Greenhouse Gas Inventories Programme, Eggleston H.S., Buendia L., Miwa K., Ngara T. and Tanabe K. (eds).
2023/01/26
Committee: ENVI
Amendment 426 #

2022/0195(COD)

Proposal for a regulation
Recital 55
(55) In order to reap the full biodiversity benefits, restoration and rewetting of areas of drained peatland should extend beyond the areas of wetlands habitat types listed in Annex I of Directive 92/43/EEC that are to be restored and re-established. Data about the extent of organic soils as well as their greenhouse gas emissions and removals are monitored and made available by LULUCF sector reporting in national greenhouse gas inventories by Member States, submitted to the UNFCCC. Restored and rewetted peatlands can continue to be used productively in alternative ways. For example, paludiculture, the practice of farming on wet peatlands, can include cultivation of various types of reeds, certain forms of timber, blueberry and cranberry cultivation, sphagnum farming, and grazing with water buffaloes. Such practices should be based on the principles of sustainable management and aimed at enhancing biodiversity so that they can have a high value both financially and ecologically. Paludiculture can also be beneficial to several species which are endangered in the Union and can also facilitate the connectivity of wetland areas and of associated species populations in the Union. Funding for measures to restore and rewet drained peatlands and to compensate possible losses of income can come from a wide range of sources, including expenditure under the Union budget and Union financing programmes. Programmes for long-term financing are to be developed for this purpose.
2023/01/26
Committee: ENVI
Amendment 435 #

2022/0195(COD)

Proposal for a regulation
Recital 56
(56) The new EU Forest Strategy for 203081 outlined the need to restore forest biodiversity. Forests and other wooded land cover over 43,5 % of the EU’s land space. Forest ecosystems that host rich biodiversity are vulnerable to climate change but are also through their multifunctional use a natural ally in adapting to and fighting climate change and climate-related risks, including through their carbon-stock and carbon-sink functions, and provide many other vital ecosystem services and benefits, such as the provision of timber and wood, food and other non-wood products, climate regulation, soil stabilisation and erosion control and the purification of air and water. _________________ 81 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. New EU Forest Strategy for 2030 (COM/2021/572 final).
2023/01/26
Committee: ENVI
Amendment 437 #

2022/0195(COD)

Proposal for a regulation
Recital 57
(57) Restoration measures need toshould be put in place to enhance the biodiversity of forest ecosystems across the Union, including in the areas not covered by habitat types falling within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of forest ecosystems that would allow for the setting of specific restoration targets for forest ecosystems, it is appropriate to set a general obligation to improve biodiversity in forest ecosystems and measure the fulfilment of that obligation on the basis of existing indicators, such as standing and lying deadwood, the shThe focus should be on improving biodiversity and the resilience of forest ecosystems and, where possible, to measure on the basis of existing and new indicators, such as the share of forests with uneven-aged structure, forest connectivity, dead wood lying and standing in quantity per hectare; vertical structure richness (single layer, multi-layered, multi-layered); location and climate-related tree species composition as a share of the total forest area; nutrient sustainability in representative areas; change in percent of forest stand; share of timber construction in the construction volume and share of wood chemically valued in the volume of wood; area of forests with uneven-aged structure, forest connectivity, the commonhere effective measures have been taken to increase resilience to climate change; ecosystem service water protection; research ecosystem services health, recreation and education in the forest and tree species composition. In view of the ever- increasing risk of forest bfird index82 , and the stock of organic carbon. _________________ 82 Common bird index (EU aggregate) - Products Datasets - Eurostat (europa.eu)es caused by climate change, Member States should take into account when setting the targets of increasing the proportion of deadwood, the share of forests with uneven age structure and the networking of forests, the risk of forest fires.
2023/01/26
Committee: ENVI
Amendment 446 #

2022/0195(COD)

Proposal for a regulation
Recital 57 a (new)
(57a) The EU Biodiversity Strategy for 2030 sets the target of planting at least three billion climate-adapted additional trees by 2030 in all habitats, while respecting ecological principles. This objective should be fully incorporated into this Regulation. This initiative counteracts the continuing trend of net decline in forest land and the loss of trees in urban areas in the Union, contributes to some of the restoration objectives set out in this Regulation and strengthens the production of wood and other by-products such as fruit and honey. Over time, it will also contribute to increasing the forest area as well as the trees in urban areas and other landscape components in the Union, thus increasing the CO2 sink and CO2 storage in the soil. The new EU Forest Strategy for 2030 sets out a roadmap for the implementation of this objective, based on the general principle of planting and maintaining the right tree in the right place and for the right purpose.
2023/01/26
Committee: ENVI
Amendment 452 #

2022/0195(COD)

Proposal for a regulation
Recital 59
(59) To ensure synergies between the different measures that have been, and are to be put in place to protect, conserve and restore nature in the Union, Member States should take into account, when preparing their national restoration plans: the conservation measures established for Natura 2000 sites and the prioritised action frameworks prepared in accordance with Directives 92/43/EEC and 2009/147/EC; measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC; marine strategies for achieving good environmental status for all Union marine regions prepared in accordance with Directive 2008/56/EC; national air pollution control programmes prepared under Directive (EU) 2016/2284; national biodiversity strategies and action plans developed in accordance with Article 6 of the Convention on Biological Diversity, as well as conservation measures adopted in accordance with Regulation 1380/2013 and technical measures adopted in accordance with Regulation (EU) 2019/1241 of the European Parliament and of the Council83 The conservation measures established for Natura 2000 sites and the prioritised action frameworks prepared in accordance with Directives 92/43/EEC and 2009/147/EC should be reviewed in light of the objectives of this regulation and adjusted if necessary. _________________ 83 Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).
2023/01/26
Committee: ENVI
Amendment 462 #

2022/0195(COD)

Proposal for a regulation
Recital 60
(60) In order to ensure coherence between the objectives of this Regulation and Directive (EU) 2018/200184 , Regulation (EU) 2018/199985 and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources86 , in particular, during the preparation of national restoration plans, Member States should take account ofintroduce measures which do not hinder the potential for renewable energy projects to make contributions towards meeting nature restoration objectives. _________________ 84 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 85 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). 86 Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).
2023/01/26
Committee: ENVI
Amendment 466 #

2022/0195(COD)

Proposal for a regulation
Recital 61
(61) Considering the importance of addressing consistently the dual challenges of biodiversity loss and climate change, the restoration of biodiversity and the guarantee of food security should take into account the deployment of renewable energy and vice versa. The Communication on REPowerEU: Joint European Action for more affordable, secure and sustainable energy87 states that Member States should swiftly map, assess and ensure suitable land and sea areas that are available for renewable energy projects, commensurate with their national energy and climate plans, the contributions towards the revised 2030 renewable energy target and other factors such as the availability of resources, grid infrastructure and the targets of the EU Biodiversity Strategy. The Commission proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency88 and the Commission recommendation on accelerating permitting for renewable energy projects and facilitating Power Purchase Agreements89 , both adopted on 18 May 2022, also provide for the identification of renewables go-to areas. Those are specific locations, whether on land or sea, particularly suitable for the installation of plants for the production of energy from renewable sources, other than biomass combustion plants, where the deployment of a specific type of renewable energy is not expected to have significant environmental impacts, in view of the particularities of the selected territory. Member States should give priority to artificial and built surfaces, such as rooftops, transport infrastructure areas, parking areas, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture. In the designation of renewables go-to areas, Member States should avoid protected areas and consider their national nature restoration plans. Member States should coordinate the development of national restoration plans with the designation of the renewables go-to areas. During the preparation of the nature restoration plans, Member States should ensure synergies withpriority to the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001, remain unchanged and not be in conflict with a certain form of renewables. _________________ 87 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy (COM/2022/108 final). 88 Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency, COM/2022/222 final. 89 Commission recommendation on speeding up permit-granting procedures for renewable energy projects and facilitating Power Purchase Agreements, C(2022) 3219 final.
2023/01/26
Committee: ENVI
Amendment 479 #

2022/0195(COD)

Proposal for a regulation
Recital 65
(65) The European Environment Agency (the ‘EEA’) should support Member States in preparing the national restoration plans, as well as in monitoring progress towards meeting the restoration and development targets and obligations. The Commission should assess whether the national restoration plans are adequate for achieving those targets and obligations. In order to meet these restoration and development targets, monitoring systems and intermediate targets need to be established to check whether the measures are leading to changes that meet the targets.
2023/01/26
Committee: ENVI
Amendment 495 #

2022/0195(COD)

Proposal for a regulation
Recital 70
(70) The achievement of the objectives and obligations set out in this Regulation requires significant human and financial resources. Resources are needed not only for the designation, assessment and verification of habitat types, but also sufficient financial resources to compensate to the extent necessary the management restrictions or additional expenditure associated with the implementation, in particular on land used for agriculture and forestry. To ensure the achievement of the targets and obligations set out in this Regulation, it is therefore of utmost importance that adequate private and public investments are made in restoration, Member States should integrate expenditure for biodiversity objectives, including in relation to opportunity and transition costs resulting from the implementation of the national restoration plans, in their national budgets and reflect how Union funding is used. Regarding the Union funding, expenditure under the Union budget and Union financing programmes, such as the Programme for the Environment and Climate Action (LIFE)96 , the European Maritime Fisheries and Aquaculture Fund (EMFAF)97 , the European Agricultural Fund for Rural Development (EAFRD)98 , the European Agricultural Guarantee Fund (EAGF), the European Regional Development Fund (ERDF), the Cohesion Fund99 and the Just Transition Fund100 , as well as the Union framework programme for research and innovation, Horizon Europe101 , contributes to biodiversity objectives with the ambition to dedicate 7,5 % in 2024, and 10 % in 2026 and in 2027 of annual spending under the 2021-2027 Multiannual Financial Framework102 to biodiversity objectives. For the farmer, the demand for more extensive farming of agricultural land with higher requirements and standards will lead to lower yields, an increased effort and higher costs. The result is possible competitive disadvantages in a globalised market. At the same time, as part of the Green Deal, the requirements for farmers will continue to rise not only in the area of biodiversity protection, but also in the field of environmental, climate protection and animal welfare. The resources of the Common Agricultural Policy through the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) must therefore be deposited with corresponding additional appropriations. In addition to increased environmental, climate and animal welfare objectives and the increasing need to finance adaptation measures to climate change, the Common Agricultural Policy must continue to ensure the supply of high-quality and healthy food to the population at reasonable prices, to a sufficient extent to ensure income for family farms and to strengthen rural areas. The Recovery and Resilience Facility (RRF)103 is a further source of funding for the protection and restoration of biodiversity and ecosystems. With reference to the LIFE Programme, special attention should be given to the appropriate use of the Strategic Nature Projects (SNaPs) as a specific tool that could support the implementation of this Regulation, by way of mainstreaming available financial resources in an effective and efficient way. _________________ 96 Regulation (EU) 2021/783 of the European Parliament and of the Council of 29 April 2021 establishing a Programme for the Environment and Climate Action (LIFE), and repealing Regulation (EU) No 1293/2013 (OJ L 172, 17.5.2021, p. 53). 97 Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (OJ L 247, 13.7.2021, p. 1). 98 Regulation (EU) 2020/2220 of the European Parliament and of the Council of 23 December 2020 laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022 (OJ L 437, 28.12.2020, p. 1). 99 Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60). 100 Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (OJ L 231 30.06.2021, p. 1). 101 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013(OJ L 170, 12.5.2021, p. 1). 102 Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433I , 22.12.2020, p. 11). 103 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).
2023/01/26
Committee: ENVI
Amendment 502 #

2022/0195(COD)

Proposal for a regulation
Recital 70 a (new)
(70a) Notwithstanding the current expenditure under the Union budget and Union financing programmes, in view of the revision of the multiannual financial framework and the preparation of a multiannual financial framework for the next programming period, and in view of facilitating the implementation of this Regulation, the Commission should present new budgetary options such as the reallocation of funds and the establishment of a permanent dedicated nature restoration fund.
2023/01/26
Committee: ENVI
Amendment 507 #

2022/0195(COD)

Proposal for a regulation
Recital 72
(72) Member States should promote a fair and cross-society approachThe involvement of owners, land users and their representatives, broad public and stakeholder support for the recovery and their taking over of responsibility are necessary conditions for the successful implementation of this Regulation. Member States should promote a fair, open, transparent, inclusive, effective and cross-society approach by involving owners and land users in the preparation and, implementation and revision of their national restoration plans, by including processes for participation of the public and by considering the needs of local communities and stakeholders. Member States should also actively promote awareness of the importance of biodiversity and the restoration of nature, and should address young people through programmes and concrete projects, as well as through education and general information.
2023/01/26
Committee: ENVI
Amendment 516 #

2022/0195(COD)

Proposal for a regulation
Recital 74
(74) In line with the commitment in the 8th Environment Action Programme to 2030107 , Member States should phase out environmentally harmful subsidies at national level, making the best use of market-based instruments and green budgeting tools, including those required to ensure a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices. _________________ 107 [Reference to be added when the 8th EAP has been published].
2023/01/26
Committee: ENVI
Amendment 526 #

2022/0195(COD)

Proposal for a regulation
Recital 76
(76) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to specify the method for monitoring pollinators, to specify the methods for monitoring the indicators for agricultural ecosystems listed in Annex IV to this Regulation and the indicators for forest ecosystems listed in Annex VI to this Regulation, to develop a framework for setting the satisfactory levels of pollinators, of indicators for agricultural ecosystems listed in Annex IV to this Regulation and of indicators for forest ecosystems listed in Annex VI to this Regulation, and to specify the methods for monitoring urban green space and of urban tree canopy cover, to set out a uniform format for the national restoration plans, to set out the format, structure and detailed arrangements for reporting data and information electronically to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council108 . _________________ 108 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2023/01/26
Committee: ENVI
Amendment 530 #

2022/0195(COD)

Proposal for a regulation
Recital 77
(77) The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures. In addition, the Commission should assess the need to establish additional restoration targets, based on common methods for assessing the condition of ecosystems not covered by Articles 4 and 5, taking into account the most recent scientific evidence.
2023/01/26
Committee: ENVI
Amendment 537 #

2022/0195(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) the continuous, long-term and sustained recovery of biodiverse and resilient nature across the Union’s land and sea areas through the restoration of ecosystemsmaintenance, enhancement, restoration and development of ecosystems while guaranteeing food security;
2023/01/26
Committee: ENVI
Amendment 558 #

2022/0195(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation establishes a framework within which Member States shall put in place, without delay, effective and area-based restoration and development measures which together shall cover,maintain, enhance or restore by 2030, at least 20 % of the Union’s land and sea areas in need of restoration and, by 2050, all ecosystems in need of restoration while guaranteeing food security. All measures shall not prevent any sustainable use.
2023/01/26
Committee: ENVI
Amendment 615 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
(3a) 'development' means to create ecosystems in areas where lost species cannot be brought back due to a change of the environment and climate;
2023/01/26
Committee: ENVI
Amendment 623 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘good condition’ means a state where the key characteristics of an ecosystem, namely its physical, chemical, compositional, structural and functional state, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its long-term maintenance and productivity;
2023/01/26
Committee: ENVI
Amendment 655 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
(7a) 'sustainable forest management' means the stewardship and use of forests and forest lands in a way, and at a rate, that maintains their biodiversity, productivity, regeneration capacity, vitality and their potential to fulfil, now and in the future, relevant ecological, economic and social functions, at local, national, and global levels, and that does not cause damage to other ecosystems;
2023/01/26
Committee: ENVI
Amendment 656 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7 b (new)
(7 b) 'sustainable agricultural activity' is an agricultural activity in a Member State of the European Union if it is carried out in accordance with the provisions set out in Annex III to Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 laying down rules on support for strategic plans to be drawn up by Member States under the Common Agricultural Policy and to be financed by the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) (CAP Strategic Plans);
2023/01/26
Committee: ENVI
Amendment 657 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7 c (new)
(7 c) 'production-integrated commitments' are measures to promote biodiversity that are integrated into agricultural or forestry production;
2023/01/26
Committee: ENVI
Amendment 671 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 13
(13) ‘urban green space’ means all green urban areas; broad-leaved forests; coniferous forests; mixed forests; natural grasslands; moors and heathlands; transitional woodland-shrubs and sparsely vegetated areas -; green roofs, green walls and private gardens as found within cities or towns and suburbs calculated on the basis of data provided by the Copernicus Land Monitoring Service as established by Regulation (EU) 2021/696 of the European Parliament and of the Council110 ;and based on existing land-use plans of local authorities or other local instruments of spatial function assignment. _________________ 110 Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69).
2023/01/26
Committee: ENVI
Amendment 682 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
(15a) ‘restoration of the natural connectivity of rivers and natural functions of the related floodplains’ means: (i) the removal or the equipment of artificial structures in order to ensure the sufficient free-flowing character of water, sediment, nutrients, matter and organisms along river systems; (ii) the rehabilitation of hydrological, morphological and biological connectivity between wetlands, floodplains and their river channels; and (iii) the recovery of fluvial processes in general, which are necessary to support a healthy freshwater ecosystem.
2023/01/26
Committee: ENVI
Amendment 694 #

2022/0195(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 15 b (new)
(15 b) ‘wetting’ means any deliberate action aimed at bringing the water level of a drained peat land, i.e. the position relative to the surface, as far as possible, close to the original peat land;
2023/01/26
Committee: ENVI
Amendment 710 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Member States shall put in place the restoration and development measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I thain the Member State and in the respective biogeographical region listed in Annex I which are not in good condition taking into account the food security. Such measures shall be in place on the area until it is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 650 % by 2040, and on at least 90 % by 2050 respecting production-integrated commitments .
2023/01/26
Committee: ENVI
Amendment 718 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Following the availability of a revised Union-wide methodology for the status survey of habitat types and species protected under the Habitats Directive, Member States shall put in place the restoration and development measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050, respecting production-integrated commitments.
2023/01/26
Committee: ENVI
Amendment 725 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
1a. The restoration and development measures referred to in paragraphs 1, 2 and 3 shall be taken exclusively in the areas protected by Directive 92/43/EEC and Directive 2009/147/EC (Natura 2000 sites).
2023/01/26
Committee: ENVI
Amendment 729 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050.deleted
2023/01/26
Committee: ENVI
Amendment 734 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. Once the data on habitat types referred to in Article 19(8) are available, Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types, provided that climatic conditions still allow this. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 650 % of that surface by 2040, and 100 % of that surface by 2050, taking into account all areas and land uses equally for this purpose and respecting production- integrated commitments.
2023/01/26
Committee: ENVI
Amendment 755 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved respecting production-integrated commitments.
2023/01/26
Committee: ENVI
Amendment 756 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved.
2023/01/26
Committee: ENVI
Amendment 761 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. Areas where the habitat types listed in Annex I are in unknown condition shall be subject to monitoring and reporting without delay and shall be considered as not being in a good condition if no such monitoring and reporting are in place after three years of this regulation coming into force.
2023/01/26
Committee: ENVI
Amendment 780 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. The restoration and development measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex I and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types and the food security.
2023/01/26
Committee: ENVI
Amendment 793 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall entake appropriate and effective measures that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not deteriorate irreversibly by human or non- human actions.
2023/01/26
Committee: ENVI
Amendment 801 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur do not deterioratesignificantly deteriorate in relation to the objectives of the Directive 92/43/EEC to promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements and food security.
2023/01/26
Committee: ENVI
Amendment 805 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur do not deteriorate irreversibly by human or non-human actions.
2023/01/26
Committee: ENVI
Amendment 816 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 7 a (new)
7a. (7a) where, due to the different requirements of the habitat types listed in paragraphs 1 and 2 of Annex I and of the species referred to in paragraph 3, the obligations referred to in paragraphs 6 and 7 are not complied with, it shall be weighed for the benefit of which habitat types or species restoration measures are taken. Non-compliance with the obligations relating to the other habitat types or species is justified by this.
2023/01/26
Committee: ENVI
Amendment 819 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 7 b (new)
7b. If Member States, due to the regional specificities, cannot meet the obligations referred to in paragraphs 6 and 7 and Article 9(4), exceptions are justified.
2023/01/26
Committee: ENVI
Amendment 820 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 8
8. Outside Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 6 and 7 is justified if it is caused by: (a) force majeure; (b) unavoidable habitat transformations which are directly caused by climate change; or (c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis.deleted
2023/01/26
Committee: ENVI
Amendment 846 #
2023/01/26
Committee: ENVI
Amendment 851 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis for which Member States have to provide evidence for these exceptions.
2023/01/26
Committee: ENVI
Amendment 872 #
2023/01/26
Committee: ENVI
Amendment 908 #
2023/01/26
Committee: ENVI
Amendment 934 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;
2023/01/26
Committee: ENVI
Amendment 935 #

2022/0195(COD)

Proposal for a regulation
Article 4 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;
2023/01/26
Committee: ENVI
Amendment 1007 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 5
5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types and guarantee food security.
2023/01/26
Committee: ENVI
Amendment 1069 #

2022/0195(COD)

Proposal for a regulation
Article 5 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis for which Member States are to provide evidence for these exceptions.
2023/01/26
Committee: ENVI
Amendment 1166 #

2022/0195(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Member States shall ensure that there is no net loss of urban green space, at aggregated national level and of urban tree canopy cover by 2030, compared to 2021, in all cities and in towns and suburbs. Member States shall cooperate with local and regional authorities, as well as managing authorities for achieving this based on existing legal frameworks.
2023/01/26
Committee: ENVI
Amendment 1178 #

2022/0195(COD)

Proposal for a regulation
Article 6 – paragraph 2 – introductory part
2. Member States shall ensure that there is an increase in the total national area of urban green space in cities and in towns and suburbs of at least 35 % of the total area of cities and of towns and suburbs in 2021, by 2040, and at least 510 % by 2050. Member States shall cooperate with local and regional authorities, as well as managing authorities. In addition Member States shall ensure:
2023/01/26
Committee: ENVI
Amendment 1196 #
2023/01/26
Committee: ENVI
Amendment 1203 #

2022/0195(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) a net gain of urban green space that is integrated into existing and new buildings and infrastructure developments, including through renovations and renewals as well as deconstruction and unsealing, in all cities and in towns and suburbs. Member States shall provide the necessary provisions to ensure the long-term permanence of new urban green spaces;
2023/01/26
Committee: ENVI
Amendment 1215 #

2022/0195(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b a (new)
(ba) a reduction of the sealing of surfaces in private gardens;
2023/01/26
Committee: ENVI
Amendment 1226 #

2022/0195(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Member States shall make an inventory of barriers to longitudinal and lateral connectivity of surface waters and identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in Article 4 of this Regulation and of the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the Union by 2030, without prejudice to Directive 2000/60/EC, in particular Articles 4(3), 4(5) and 4(7) thereof, and Regulation 1315/2013, in particular Article 15 thereof.the achievement of good ecological potential and good surface water chemical status as defined in Directive 2000/60/EC;
2023/01/26
Committee: ENVI
Amendment 1256 #

2022/0195(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Member States shall remove the barriers to longitudinal and lateral connectivity of surface waters identified under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), point (f). When removing barriers, Member States shall primarily address obsolete barriers, which are those that are no longer neededwithout actual or potential use for renewable energy generation, inland navigation, flood protection, water supply or other uses.
2023/01/26
Committee: ENVI
Amendment 1257 #

2022/0195(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Member States shall remove the barriers to longitudinal and lateral connectivity of surface waters identified under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), point (f)Directive 2000/60/EC. When removing barriers, Member States shall primarily address obsolete barriers, which are those that are no longer needed for renewable energy generation, inland navigation, water supply or other uses.
2023/01/26
Committee: ENVI
Amendment 1267 #

2022/0195(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Member States shall opt to complement the removal of the barriers referred to in paragraph 2 by the measures necessary to improve the natural functions of the related floodplains.
2023/01/26
Committee: ENVI
Amendment 1282 #

2022/0195(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Member States shall reverse the decline of pollinator populations by 2030 and achieve thereafter an increasing trend of pollinator populations, measured every three years after 2030, until satisfactory levels are achieved, as set out in accordance with Article 11(3).deleted
2023/01/26
Committee: ENVI
Amendment 1291 #

2022/0195(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
1a. The Commission will evaluate the current status of pollinator populations and, based on this, establish scientific indicators and propose measures to achieve positive trends in pollinator populations.
2023/01/26
Committee: ENVI
Amendment 1292 #

2022/0195(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The Commission shall adopt implementing acts to establish a method for monitoring pollinator populations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).deleted
2023/01/26
Committee: ENVI
Amendment 1298 #

2022/0195(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. The method referred to in the paragraph 2 shall provide a standardised approach for collecting annual data on the abundance and diversity of pollinator species and for assessing pollinator population trends.deleted
2023/01/26
Committee: ENVI
Amendment 1309 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Member States shall take into account social and economic requirements put in place the restoration and development measures necessary to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration and development measures under Article 4(1), (2) and (3) taking into account climate change, food security and securing socially and economically viable agricultural production.
2023/01/26
Committee: ENVI
Amendment 1321 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 2 – introductory part
2. Member States shall achieve through sustainable agricultural activity an increasing trend at national level of each of the following indicators in agricultural ecosystems, as further specified in Annex IV, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three years thereafter, until the satisfactory levels, identified in accordance with Article 11(3), are reached:
2023/01/26
Committee: ENVI
Amendment 1353 #
2023/01/26
Committee: ENVI
Amendment 1372 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 3 – introductory part
3. Member States shall put in place restoration measures to ensure that the common farmland bird index at national level based on the species specified in Annex V, indexed on … [OP please insert the date = the first day of the month following 12 months after the date of entry into force of this Regulation] = 1001.01.2020, reaches the following levels:
2023/01/26
Committee: ENVI
Amendment 1376 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 3 – point a
(a) 110 by 2030, 120 by 2040 and 130 by 2050, for Member States listed in Annex V with historically more depleted populations of farmland birds;deleted
2023/01/26
Committee: ENVI
Amendment 1377 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 3 – point a
(a) 110 by 20305, 120 by 20405 and 130 by 20505, for Member States listed in Annex V with historically more depleted populations of farmland birds;
2023/01/26
Committee: ENVI
Amendment 1382 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 3 – point b
(b) 105 by 2030, 110 by 2040 and 115 by 2050, for Member States listed in Annex IV with historically less depleted populations of farmland birds.deleted
2023/01/26
Committee: ENVI
Amendment 1383 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 3 – point b
(b) 105 by 20305, 110 by 20405 and 115 by 20505, for Member States listed in Annex IV with historically less depleted populations of farmland birds.
2023/01/26
Committee: ENVI
Amendment 1390 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. For organic soils in agricultural use constituting drained peatlands, Member States shall put in place restoration measures. Those measures shall be in place on at least: (a) 30 % of such areas by 2030, of which at least a quarter shall be rewetted; (b) 50 % of such areas by 2040, of which at least half shall be rewetted; (c) 70 % of such areas by 2050, of which at least half shall be rewetted. Member States may put in place restoration measures, including rewetting, in areas of peat extraction sites and count those areas as contributing to achieving the respective targets referred to in the first subparagraph, points (a), (b) and (c). In addition, Member States may put in place restoration measures to rewet organic soils that constitute drained peatlands under land uses other than agricultural use and peat extraction and count those rewetted areas as contributing, up to a maximum of 20%, to the achievement of the targets referred to in the first subparagraph, points (a), (b) and (c).deleted
2023/01/26
Committee: ENVI
Amendment 1392 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
For organic soils in agricultural use constituting drained peatlands, Member States shall put in place restoration measures. Member States are obliged to develop a strategy for the protection, restoration and sustainable use of peatlands. The strategy should be set up and implemented in cooperation with land managers and landowners. Those measures shall be in place on at least:
2023/01/26
Committee: ENVI
Amendment 1407 #
2023/01/26
Committee: ENVI
Amendment 1418 #
2023/01/26
Committee: ENVI
Amendment 1424 #
2023/01/26
Committee: ENVI
Amendment 1433 #
2023/01/26
Committee: ENVI
Amendment 1440 #
2023/01/26
Committee: ENVI
Amendment 1461 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3
In addition, Member States may put in place restoration measures to rewet organic soils that constitute drained peatlands under land uses other than agricultural use and peat extraction and count those rewetted areas as contributing, up to a maximum of 240%, to the achievement of the targets referred to in the first subparagraph, points (a), (b) and (c).
2023/01/26
Committee: ENVI
Amendment 1470 #

2022/0195(COD)

Proposal for a regulation
Article 9 – paragraph 4 a (new)
4a. Member States shall take measures to maintain cover-up, deforestation and depletion of extensively managed agricultural land, in particular extensive grassland in border yields and in the mountain area.
2023/01/26
Committee: ENVI
Amendment 1481 #

2022/0195(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Member States shall put in place the restoration and development measures necessary to enhance biodiversity and resistance of forest ecosystems, in addition to the areas that are subject to restoration and development measures pursuant to Article 4(1), (2) and (3).
2023/01/26
Committee: ENVI
Amendment 1489 #

2022/0195(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2. Member States shall achieve an increasing trend at national level of each of the following indicators in forest ecosystems, as further set out in Annex VI, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three years thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:in forest adaptation to climate change, as further set out in Annex VI.
2023/01/26
Committee: ENVI
Amendment 1493 #

2022/0195(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2. Member States shall achieve through sustainable forest management an increasing trend at national level of each of the following indicators in forest ecosystems, as further set out in Annex VI, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three yearssix thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:
2023/01/26
Committee: ENVI
Amendment 1497 #

2022/0195(COD)

Proposal for a regulation
Article 10 – paragraph 2 – introductory part
2. Member States shall achieve an increasing trend at national level of each of the following indicators in forest ecosystems, as further set out in Annex VI, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every threesix years thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:
2023/01/26
Committee: ENVI
Amendment 1505 #
2023/01/26
Committee: ENVI
Amendment 1511 #
2023/01/26
Committee: ENVI
Amendment 1513 #
2023/01/26
Committee: ENVI
Amendment 1545 #
2023/01/26
Committee: ENVI
Amendment 1551 #
2023/01/26
Committee: ENVI
Amendment 1556 #

2022/0195(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f d (new)
(fd) share of timber construction in the construction volume and share of wood chemically valued in the volume of wood;
2023/01/26
Committee: ENVI
Amendment 1557 #

2022/0195(COD)

Proposal for a regulation
Article 10 – paragraph 2 – point f e (new)
(fe) area of forests where effective measures have been taken to increase resilience to climate change;
2023/01/26
Committee: ENVI
Amendment 1559 #
2023/01/26
Committee: ENVI
Amendment 1581 #

2022/0195(COD)

Proposal for a regulation
Article 10 b (new)
Article 10 b Preservation of the effects of restoration measures 1. Member States shall ensure the continuous, long-term and sustained effects of the restoration measures referred to in Articles 4 to 10a, in accordance with Article 12(2), point (i), through effective means, including, when applicable, by the designation of protected areas, by the implementation of other effective area-based conservation measures, or by promoting private land conservation measures, taking into account the ecological requirements of the restored areas while guaranteeing food security. 2. When restoration measures apply to primary and old-growth forests, Member States shall strictly protect them.
2023/01/26
Committee: ENVI
Amendment 1587 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Member States shall prepare national restoration pland development plans involving owners, land users and their representatives and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in Articles 4 to 10a and the Union’s overarching objectives as set out in Article 1, taking into account the latest scientific evidence.
2023/01/26
Committee: ENVI
Amendment 1611 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii
(iii) the favourable reference area taking into account the documented losses over at least the last 70 years and the projected changes to environmental conditions due to climate change;
2023/01/26
Committee: ENVI
Amendment 1621 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv
(iv) the areas most suitable for the re- establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change;deleted
2023/01/26
Committee: ENVI
Amendment 1623 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv
(iv) the areas most suitable for the re- establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change and the conflicting preconditions of different habitat types and species;
2023/01/26
Committee: ENVI
Amendment 1630 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point b
(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate change and the conflicting preconditions of different habitat types and species.
2023/01/26
Committee: ENVI
Amendment 1634 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point b
(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate change.
2023/01/26
Committee: ENVI
Amendment 1651 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. Member States shall set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and 10(2), through an open and effective process and assessment, based on the latest scientific evidence and, if available, the framework referred to in Article 17(9) and taking into account the funding provided.
2023/01/26
Committee: ENVI
Amendment 1663 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. Member States shall identify and map the agricultural and forest areas in need of restoration, in particular the areas that, due to intensification or other management factors, are in need of enhanced connectivity and landscape diversityfrastructure measures and settlement activities, are in need of enhanced connectivity and landscape diversity. The type of restoration and development measures recommended in these areas and how restrictions of use and property disadvantages are compensated shall be determined in agreement with the landowner of the area concerned. To this end, the competent authority designated by the Member State shall seek contractual arrangements with landowners or other beneficial owners in order to safeguard the implementation, restriction or omission of the management and use of land under private law.
2023/01/26
Committee: ENVI
Amendment 1687 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. Member States shall coordinate the development of national restoration plans with the designation of the renewables go- to areas. During the preparation of the nature restoration plans, Member States shall ensure synergies with the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001 remain unchanged. Member States shall ensure that in the permit-granting processes the relevant administrative bodies base their decisions on the principle that the species protection refers to the national population and not to the individual specimens of the species.
2023/01/26
Committee: ENVI
Amendment 1697 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 6 a (new)
6a. Member States shall ensure that Union environmental law is applied to the deployment of energy from renewable sources, the related transmission and distribution network elements as well as storage facilities on the basis of the principle that the species protection refers to the entire population and not to the individual specimens.
2023/01/26
Committee: ENVI
Amendment 1707 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 7 – point c
(c) measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC without prejudice to the exemptions set out in articles 4(3), 4(4), 4(5) and 4(7) thereof;
2023/01/26
Committee: ENVI
Amendment 1762 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 11
11. Member States shall ensure that the preparation of the restoration or development plan is open, inclusive and effective and that the public as well as all the stakeholders affected by restoration measures is given early and effective opportunities to participate in its elaboration. Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.
2023/01/26
Committee: ENVI
Amendment 1774 #

2022/0195(COD)

Proposal for a regulation
Article 11 – paragraph 11 b (new)
11b. The paragraphs 1 to 11 also apply when regional and sub-regional restoration or development plans are prepared (cross border management).
2023/01/26
Committee: ENVI
Amendment 1779 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 1 a (new)
1a. Member States shall provide the possibility of adjustment and correction measures of the national restoration and development plan.
2023/01/26
Committee: ENVI
Amendment 1780 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 1 b (new)
1b. Member States shall cooperate bilaterally and within regional and sub- regional cooperation mechanisms to protect biodiverse ecosystems especially if the ecosystems extend beyond the borders. When ecosystems extend the borders of a Member State, national restoration and development plans shall be extended to common regional restoration or devlopment plans.
2023/01/26
Committee: ENVI
Amendment 1812 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point e
(e) the inventory of barriers and the barriers identified for removal in accordance with Article 7(1), the plan for their removal in accordance with Article 7(2) and an estimate of the length of free- flowing rivers to be achieved by the removal of those barriers by 2030 and by 2050, and any other measures to re- establish the natural functions of floodplains in accordance with Article 7(3); without restricting the use of hydroelectric power;
2023/01/26
Committee: ENVI
Amendment 1821 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point h
(h) the monitoring of the areas subject to restoration or development in accordance with Articles 4 and 5, the process for assessing the effectiveness of the restoration or development measures put in place in accordance with Articles 4 to 10 and for revising those measures where needed to ensure that the targets and obligations set out in Articles 4 to 10 are met or revised;
2023/01/26
Committee: ENVI
Amendment 1846 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point l
(l) the estimated financing needs for the implementation of the restoration measures, which shall include the description of the support to stakeholders and compensation for property-related disadvantages of the landowners concerned affected by restoration measures or other new obligations arising from this Regulation, and the means of intended financing, public or private, including (co-) financing with Union funding instruments;
2023/01/26
Committee: ENVI
Amendment 1859 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point n
(n) a summary of the process for preparing and establishing the national restoration plan, including information on public participation and the landowners affected by potential restoration measures and of how the needs of local communities and stakeholders have been considered and how ownership rights have been respected;
2023/01/26
Committee: ENVI
Amendment 1872 #

2022/0195(COD)

Proposal for a regulation
Article 12 – paragraph 2 – point o a (new)
(oa) a dedicated section explaining how to ensure that the implementation of the recovery plans does not lead to a depopulation of agricultural and forestry production in third countries and to ensure self-sufficiency with regional, high-quality food and biogenic raw materials;
2023/01/26
Committee: ENVI
Amendment 1896 #

2022/0195(COD)

Proposal for a regulation
Article 13 – paragraph 1
Member States shall submit a draft of the national restoration plan referred to in Articles 11 and 12 to the Commission by… [OP please insert the date = the first day of the month following 2436 months after the date of entry into force of this Regulation].
2023/01/26
Committee: ENVI
Amendment 1901 #

2022/0195(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The Commission shall assess the draft national restoration plans within sixnine months of the date of receipt. When carrying out that assessment, the Commission shall act in close cooperation with the Member State concerned.
2023/01/26
Committee: ENVI
Amendment 1905 #

2022/0195(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. When assessing the draft national restoration or development plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features as well as ensuring that the implementation of the recovery plans does not lead to migration of agricultural and forestry production to third countries and that self-supply with regional, high- quality food and biogenic raw materials can be ensured.
2023/01/26
Committee: ENVI
Amendment 1913 #

2022/0195(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features.
2023/01/26
Committee: ENVI
Amendment 1916 #

2022/0195(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 104% of the Union’s agricultural area with high-diversity landscape features.
2023/01/26
Committee: ENVI
Amendment 1926 #

2022/0195(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. The Commission may address observations to Member States within sixnine months of the date of receipt of the draft national restoration plan.
2023/01/26
Committee: ENVI
Amendment 1941 #

2022/0195(COD)

Proposal for a regulation
Article 14 – paragraph 6
6. Member States shall finalise, publish and submit to the Commission the national restoration plan within sixnine months from the date of receipt of observations from the Commission.
2023/01/26
Committee: ENVI
Amendment 1950 #

2022/0195(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Member States shall review their national restoration plan at least once every 10 years, in accordance with Articles 11 and 12, taking into account progress made in the implementation of the plans, the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate change and the financing needs and its availability.
2023/01/26
Committee: ENVI
Amendment 1960 #

2022/0195(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. When it becomes apparent that the measures set out in the national restoration or development plan will not be sufficient to comply with the targets and obligations set out in Articles 4 to 10, based on the monitoring in accordance with Article 17, Member States shall revise the national restoration planor development plan, revise the measures and targets and include supplementary measures.
2023/01/26
Committee: ENVI
Amendment 1965 #

2022/0195(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. Based on the information referred to in Article 18(1) and (2) and the assessment referred to in Article 18(4) and (5), if the Commission considers that the progress made by a Member State is insufficient to comply with the targets and obligations set out in Articles 4 to 10, the Commission may request the Member State concerned to submit an updated draft national restoration plan with supplementary measures provide additional measures, including a description of the funding required for this purpose . That updated national restoration plan with supplementary measures shall be published and submitted within six months from the date of receipt of the request from the Commission.
2023/01/26
Committee: ENVI
Amendment 1981 #

2022/0195(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. Member States shall ensure that members of the public, in accordance with national law, that have a sufficientlegitimate interest or that maintain the impairment of a right as well as affected landowners and managers, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the national restoration plans and any failures to act of the competent authorities, regardless of the role members of the public have played during the process for preparing and establishing the national restoration plan.
2023/01/26
Committee: ENVI
Amendment 1988 #

2022/0195(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient in accordance with the Aarhus convention.
2023/01/26
Committee: ENVI
Amendment 2016 #
2023/01/26
Committee: ENVI
Amendment 2018 #

2022/0195(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point f
(f) the abundance and diversity of pollinator species, according to the method established in accordance with Article 8(2);deleted
2023/01/26
Committee: ENVI
Amendment 2019 #

2022/0195(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point f
(f) the abundance and diversity of pollinator species, according to the method established in accordance with Article 8(2);deleted
2023/01/26
Committee: ENVI
Amendment 2030 #

2022/0195(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point h a (new)
(ha) the progress towards the planting of three billion climate-adapted additional trees referred to in Article 10a.
2023/01/26
Committee: ENVI
Amendment 2039 #

2022/0195(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, the lying deadwood, the share of forests with uneven-aged structure, the forest connectivity and the stock of organic carbon, shall be carried out at least every three years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC.
2023/01/26
Committee: ENVI
Amendment 2049 #

2022/0195(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, the lying deadwood, the share of forests with uneven-aged structure, the coverage of climate-adopted trees, the forest connectivity and the stock of organic carbon, shall be carried out at least every three years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC.
2023/01/26
Committee: ENVI
Amendment 2112 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex I in order to adapt the groups of habitat types.
2023/01/26
Committee: ENVI
Amendment 2113 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex I in order to adapt the groups of habitat types.
2023/01/26
Committee: ENVI
Amendment 2122 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex II in order to adapt the list of habitat types and the groups of habitat types.
2023/01/26
Committee: ENVI
Amendment 2124 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex II in order to adapt the list of habitat types and the groups of habitat types.
2023/01/26
Committee: ENVI
Amendment 2130 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex III in order to adapt the list of marine species referred to in Article 5 in accordance with the latest scientific evidence.
2023/01/26
Committee: ENVI
Amendment 2137 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex IV, in order to adapt the description, unit and methodology of indicators for agricultural ecosystems in accordance with the latest scientific evidence.
2023/01/26
Committee: ENVI
Amendment 2138 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex IV, in order to adapt the description, unit and methodology of indicators for agricultural ecosystems in accordance with the latest scientific evidence.
2023/01/26
Committee: ENVI
Amendment 2143 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex V in order to update the list of species used for the common farmland bird index in the Member States.
2023/01/26
Committee: ENVI
Amendment 2145 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex V in order to update the list of species used for the common farmland bird index in the Member States.
2023/01/26
Committee: ENVI
Amendment 2156 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 7
7. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex VII in order to adapt the list of examples of restoration measures.
2023/01/26
Committee: ENVI
Amendment 2159 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 7 a (new)
7a. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 concerning the development of a uniform and scientifically sound survey and evaluation methodology to ensure a Union-wide standard for the establishment of a database as referred to in Article 4. Based on this, Union-wide recovery targets will be set.
2023/01/26
Committee: ENVI
Amendment 2160 #

2022/0195(COD)

Proposal for a regulation
Article 19 – paragraph 7 b (new)
7b. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 to develop a uniform and scientifically based collection and analysis methodology in order to ensure a Union-wide standard for the establishment of a data base as referred to in Article 4. Building on this, Union-wide recovery objectives will be set.
2023/01/26
Committee: ENVI
Amendment 2284 #

2022/0195(COD)

Proposal for a regulation
Annex IV – row 4
Share of agricultural Description: High-diversity landscape features are elements of land with high- permanent natural or semi-natural vegetation present in an diversity landscape agricultural context, which provide ecosystem services and support features for biodiversity. In order to do so, landscape features need to be subject to as little external disturbances as possible to provide safe habitats for various taxa, and therefore need to comply with the following conditions: a) they cannot be under productive agricultural use (including grazing or fodder production),and b) they should not receive fertilizer or pesticide treatment. Land lying fallow can be considered as high diversity landscapemust either be managed in a way that promotes biodiversity or not used for productive agriculture at all. b) they should not receive fertilizer or pesticide treatment, unless they exclusively contain active substances that may be used in accordance with Regulation 5EU) 2018/848. Land lying fallow as well as cultivated land can be considered as high diversity landscape features if it complies with criteria (a) and (b) above. Productive trees part of arable land agroforestry system (b) above. Productive trees and productive elements in non- elements in non- productive hedges can also be considered as high diversity diversity landscape features, if they comply with criterion (b) above, and if harvests take place only at moments where it would not compromise high biodiversity levels.. Unit: Percent (share of Utilised Agricultural Area). Methodology: as developed under indicator I.21, Annex I of Regulation 2021/2115,as based on LUCAS for landscape elements, Ballin M.et al., Redesign sample for Land Use/Cover Area frame Survey (LUCAS), Eurostat2018, and for land laying fallow, Farm Structure, Reference Metadatain Single Integrated Metadata Structure, online publication, Eurostat.
2023/01/27
Committee: ENVI
Amendment 934 #

2022/0155(COD)

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b
(b) where the draft implementation plan concerns an intended detection order concerning the solicitation of children other than the renewal of a previously issued detection order without any substantive changes, conduct a data protection impact assessment, a child rights impact assessment of child sexual abuse risks and a prior consultation procedure as referred to in Articles 35 and 36 of Regulation (EU) 2016/679, respectively, in relation to the measures set out in the implementation plan;
2023/07/28
Committee: LIBE
Amendment 938 #

2022/0155(COD)

Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c
(c) where point (b) applies, or where the conditions of Articles 35 and 36 of Regulation (EU) 2016/679 are met, adjust the draft implementation plan, where necessary in view of the outcome of the data protection impact assessment, child rights impact assessment of child sexual abuse risks and in order to take into account the opinion of the data protection authority provided in response to the prior consultation;
2023/07/28
Committee: LIBE
Amendment 1210 #

2022/0155(COD)

Proposal for a regulation
Article 11 – paragraph 1
The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having due regard in particular to relevant technological developments and trends reported by law enforcement, hotlines and civil society and the manners in which the services covered by those provisions are offered and used.
2023/07/28
Committee: LIBE
Amendment 1231 #

2022/0155(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism with age-appropriate and anonymous options that allows users to flag to the provider potential online child sexual abuse on the service.
2023/07/28
Committee: LIBE
Amendment 1419 #

2022/0155(COD)

Proposal for a regulation
Article 25 – paragraph 9 a (new)
9a. In its engagement with victims and survivors or in any decision affecting victims and survivors, the Coordination Autority shall operate in a way that minimises risks to victims and survivors, especially children.
2023/07/28
Committee: LIBE
Amendment 1595 #

2022/0155(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point 6 a (new)
(6a) Establish mechanisms to listen to and incorporate the views of children in its work, in accordance with the Directive 2012/29/EU and the Charter of Fundamental Rights of the European Union.
2023/07/28
Committee: LIBE
Amendment 1596 #

2022/0155(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point 6 b (new)
(6b) shall operate in a way that minimises risks to victims, especially children, when engaging with victims or in any decision affecting victims;
2023/07/28
Committee: LIBE
Amendment 87 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
(5) In Article 5, the following paragraph (4) is added: ‘4. Member States shall ensure that permits granted pursuant to this Article are made available on the Internet, free of charge and without restricting access to registered users. In addition, a summary of each permit shall be made available to the public under the same condtions. That summary shall include at least the following: (a) conditions; (b) environmental performancedeleted an overview of the main permit the emission limits values; (c) accordance with Article 15(4); (d) (e) and updating of the permit. The Commission shall adopt an implementing act to establish the format to be used for the summary referred to in the second subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2)..’ and any derogations granted in the applicable BAT conclusions; the provisions for reconsideration
2022/12/09
Committee: ITRE
Amendment 110 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 1 – paragraph 1 – points (f a) (new) – (f b) (new) – (f c) (new)
(8) In Article 11, the following points (fa), (fb) and (fc) are inserted: ‘(fa) material resources and water are used efficiently, including through re-use; (fb) environmental performance of the supply chain is taken into account as appropriate; (fc) system is implemented as referred to in Article 14a..’deleted the overall life-cycle an environmental management
2022/12/09
Committee: ITRE
Amendment 119 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2, after point (c)
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
2022/12/09
Committee: ITRE
Amendment 125 #
2022/12/09
Committee: ITRE
Amendment 129 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point v
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (bb) (new)
(v) the following point (ba) is inserted: ‘(ba) appropriate requirements for an environmental management system as laid down in Article 14a;;’deleted
2022/12/09
Committee: ITRE
Amendment 132 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (b c) (new)
(vi) the following point (bb) is inserted: ‘(bb) suitable monitoring requirements for the consumption and reuse of resources such as energy, water and raw materials;;’deleted
2022/12/09
Committee: ITRE
Amendment 135 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (d) – subpoint (iii) (new)
(vii) in point (d), the following subpoint (iii) is added: ‘(iii) information on progress towards fulfilment of the environmental policy objectives referred to in Article 14a. Such information shall be made public;;’deleted
2022/12/09
Committee: ITRE
Amendment 137 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14 a (new)
(11) The following Article 14a is inserted: ‘Article 14a Environmental management system 1. Member States shall require the operator to prepare and implement, for each installation falling within the scope of this Chapter, an environmental management system (‘EMS’). The EMS shall comply with the provisions included in relevant BAT conclusions that determine aspects to be covered in the EMS. The EMS shall be reviewed periodically to ensure that it continues to be suitable, adequate and effective. 2. The EMS shall include at least the following: (a) the continuous improvement of the environmental performance and safety of the installation, which shall include measures to: (i) prevent the generation of waste; (ii) optimise resource use and water reuse; (iii) prevent or reduce risks associated with the use of hazardous substances. (b) objectives and performance indicators in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions and the life- cycle environmental performance of the supply chain; (c) obligation to conduct an energy audit or implement an energy management system pursuant to Article 8 of Directive 2012/27/EU, inclusion of the results of that audit or implementation of the energy management system pursuant to Article 8 and Annex VI of that Directive and of the measures to implement their recommendations; (d) hazardous substances present in the installation as such, as constituents of other substances or as part of mixtures, a risk assessment of the impact of such substances on human health and the environment and an analysis of the possibilities to substitute them with safer alternatives; (e) environmental objectives and avoid risks for human health or the environment, including corrective and preventive measures where needed; (f) to in Article 27d. 3. be made available on the Internet, free of charge and without restricting access to registered users..’deleted environmental policy objectives for or installations covered by the a chemicals inventory of the measures taken to achieve the a transformation plan as referred The EMS of an installation shall
2022/12/09
Committee: ITRE
Amendment 138 #

2022/0104(COD)

Proposal for a directive
Recital 2
(2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69 . Addressing pollution from certain agro- industrial activities thus requires their inclusion within the scope of that Directive. __________________ 69 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control); OJ L 334, 17.12.2010, p. 17-119.
2022/12/14
Committee: ENVI
Amendment 149 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3
3. The competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying BAT in the installation, and that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (BAT-AELs) as laid down in the decisions on BAT conclusions referred to in Article 13(5). The emission limit values shall be based on an assessment by the operator analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best performance the installation can achieve by applying BAT as described in BAT conclusions. The emission limit values shall be set through either of the following: (a) expressed for the same or shorter periods of time and under the same reference conditions as the emission levels associated with the best available techniques; or (b) values than those referred to under point (a) in terms of values, periods of time and reference conditions. Where the emission limit values are set in accordance with point (b), the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the emission levels associated with the best available techniques.deleted setting emission limit values setting different emission limit
2022/12/09
Committee: ITRE
Amendment 160 #

2022/0104(COD)

Proposal for a directive
Recital 4
(4) Rearing of pigs, poultry and cattle cause significant, while contributing to food security, cause pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density, design like free- ventilated stables, trade-offs with animal welfare and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.
2022/12/14
Committee: ENVI
Amendment 161 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a
3a. The competent authority shall set environmental performance limit values that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATs as laid down in the decisions on BAT conclusions referred to in Article 13(5).deleted
2022/12/09
Committee: ITRE
Amendment 206 #
2022/12/09
Committee: ITRE
Amendment 207 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c (new)
Emission levels associated with emerging techniquesdeleted
2022/12/09
Committee: ITRE
Amendment 208 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c (new)
By way of derogation from Article 21(3), the competent authority may set emission limit values that ensure that, within 6 years of publication of a decision on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, emissions shall not, under normal operating conditions, exceed emission levels associated with emerging techniques as laid down in the decisions on BAT conclusions.deleted
2022/12/09
Committee: ITRE
Amendment 211 #
2022/12/09
Committee: ITRE
Amendment 213 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new)
Transformation towards a clean, circular and climate neutral industrydeleted
2022/12/09
Committee: ITRE
Amendment 215 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 (new) – paragraph 1
1. Member States shall require that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installation carrying out any activity listed in points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I. The transformation plan shall contain information on how the installation will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, circular and climate- neutral economy by 2050, using the format referred to in paragraph 4. Member States shall take the necessary measures to ensure that by 31 December 2031, the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 1 with the requirements set out in the implementing act referred to in paragraph 4.deleted
2022/12/09
Committee: ITRE
Amendment 216 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d (new) – paragraph 1 – first part
Member States shall require that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installation carrying out any activity listed in points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I. The transformation plan shall contain information on how the installation will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, circular and climate- neutral economy by 2050, using the format referred to in paragraph 4.deleted
2022/12/09
Committee: ITRE
Amendment 225 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 1 – second part
Member States shall take the necessary measures to ensure that by 31 December 2031, the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 1 with the requirements set out in the implementing act referred to in paragraph 4.deleted
2022/12/09
Committee: ITRE
Amendment 229 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2
2. Member States shall require that, as part of the review of the permit conditions pursuant to Article 21(3) following the publication of decisions on BAT conclusions after 1 January 2030, the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installation carrying out any activity listed in Annex I that is not referred to in paragraph 1. The transformation plan shall contain information on how the installation will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, circular and climate- neutral economy by 2050, using the format referred to in paragraph 4. Member States shall take the necessary measures to ensure that the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 2 with the requirements set out in the implementing act referred to in paragraph 4.deleted
2022/12/09
Committee: ITRE
Amendment 231 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – first part
Member States shall require that, as part of the review of the permit conditions pursuant to Article 21(3) following the publication of decisions on BAT conclusions after 1 January 2030, the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installation carrying out any activity listed in Annex I that is not referred to in paragraph 1. The transformation plan shall contain information on how the installation will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, circular and climate- neutral economy by 2050, using the format referred to in paragraph 4.deleted
2022/12/09
Committee: ITRE
Amendment 234 #

2022/0104(COD)

Proposal for a directive
Recital 29
(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, while not affecting sustainable European farming, based on the principles of respecting animal welfare, healthy and sustainable food production and promotion of small-scale and family farming, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by adding an agro-industrial activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment and pigs. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.
2022/12/14
Committee: ENVI
Amendment 238 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – second part
Member States shall take the necessary measures to ensure that the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 2 with the requirements set out in the implementing act referred to in paragraph 4.deleted
2022/12/09
Committee: ITRE
Amendment 244 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 3
3. The operator shall make its transformation plan as well as the results of the assessment referred to in paragraphs 1 and 2 public, as part of the publication of its environmental management system.deleted
2022/12/09
Committee: ITRE
Amendment 251 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 4
4. The Commission shall by 30 June 2028, adopt an implementing act establishing the format for the transformation plans. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2)..deleted
2022/12/09
Committee: ITRE
Amendment 253 #

2022/0104(COD)

Proposal for a directive
Recital 33
(33) It is therefore appropriate for Directive 2010/75/EU to address the right for compensation for damages suffered by individuals. To ensure that individuals can defend their rights against damages to health caused by violations of Directive 2010/75/EU and thereby ensure a more efficient enforcement of that Directive, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, either on behalf orf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States usually enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity. However, experience shows that while there is overwhelming epidemiologic evidence on the negative health impacts of pollution on the population, in particular as regards air, it is difficult for the victims of violations of Directive 2010/75/EU under the procedural rules on the burden of proof generally applicable in the Member States to demonstrate a causality link between the suffered harm and the violation. As a result, in the majority of cases, victims of violations of Directive 2010/75/EU do not have an effective way to obtain compensation for the harm caused by such violations. To strengthen the rights of individuals to obtain compensation for violations of Directive 2010/75/EU and to contribute to a more efficient enforcement of its requirements throughout the Union, it is necessary to adaptfacilitate the burden of proof applicable to such situations. Therefore, when an individual can provide sufficiently robust evidence to give rise to a presumption that the violation of Directive 2010/75/EU is at the origins of the damage caused to the health of an individual, or has significantly contributed to it, it should be for the defendant to rebut that presumption in order to escape his liability.
2022/12/14
Committee: ENVI
Amendment 268 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79 a (new) – paragraph 2
2. Member States shall ensure that, as part of the public concerned, non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the non- governmental organisations referred to in this paragraph.deleted
2022/12/09
Committee: ITRE
Amendment 272 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79 a (new) – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage.deleted
2022/12/09
Committee: ITRE
Amendment 279 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/75/EU
Article 3 – paragraph 1 – point 3
(3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution;;
2022/12/14
Committee: ENVI
Amendment 290 #

2022/0104(COD)

Proposal for a directive
Annex I – paragraph 1 – point e
Directive 2010/75/EU
Annex I – paragraph 3.6 (new)
(e) the following point 3.6. is inserted: ‘3.6. Extraction and treatment (operations such as comminution, size control, beneficiation and upgrading) of the following non-energy minerals: (a) industrial minerals, including barite, bentonite, diatomite, feldspar, fluorspar, graphite, gypsum, kaolin, magnesite, perlite, potash, salt, sulphur and talc; (b) metalliferous ores, including bauxite, chromium, cobalt, copper, gold, iron, lead, lithium, manganese, nickel, palladium, platinum, tin, tungsten and zinc.’;’deleted
2022/12/09
Committee: ITRE
Amendment 293 #

2022/0104(COD)

Proposal for a directive
Annex I – paragraph 1 – point i
Directive 2010/75/EU
Annex I – paragraph 6.5
6.5. Disposal or recycling of animal carcases or animal by-products of Category 1 within the meaning of Article 8 or Category 2 within the meaning of Article 9 of Regulation (EC) No. 1069/2009, with the exception of liquid manure, guano, stomach and intestinal contents, milk, milk products, colostrum, eggs and egg products with a treatment capacity exceeding 10 tonnes per day..
2022/12/09
Committee: ITRE
Amendment 343 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c
(23c) ‘livestock unit’ or ‘LSU’ means the grazing equivalent of one adult dairy cow producing 3 000 kg of milk annually, without additional concentrated foodstuffs, which is used to express the size of farms rearing different categories of animals, using the conversion rates, with reference to actual production within the calendar year, set out in Annex II to Commission Implementing Regulation (EU) No 808/2014**’. ** Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 227 31.7.2014, p. 18).deleted
2022/12/14
Committee: ENVI
Amendment 417 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2010/75/EU
Article 4 – paragraph 1 – subparagraph 2
By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations covered only by Chapter V or Chapter VIa.’.
2022/12/20
Committee: ENVI
Amendment 428 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4
(5) In Article 5, the following paragraph (4) is added: ‘ 4. Member States shall ensure that permits granted pursuant to this Article are made available on the Internet, free of charge and without restricting access to registered users. In addition, a summary of each permit shall be made available to the public under the same condtions. That summary shall include at least the following: (a) conditions; (b) environmental performancedeleted an overview of the main permit the emission limits values; (c) accordance with Article 15(4); (d) (e) and updating of the permit. The Commission shall adopt an implementing act to establish the format to be used for the summary referred to in the second subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).. ’ and any derogations granted in the applicable BAT conclusions; the provisions for reconsideration
2022/12/20
Committee: ENVI
Amendment 516 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f a
(fa) material resources and water are used efficiently, including through re-use;deleted
2022/12/20
Committee: ENVI
Amendment 521 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f b
(fb) the overall life-cycle environmental performance of the supply chain is taken into account as appropriadelete;d
2022/12/20
Committee: ENVI
Amendment 533 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f a – f c
(fc) an environmental management system is implemented as referred to in Article 14a..deleted
2022/12/20
Committee: ENVI
Amendment 602 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
2022/12/20
Committee: ENVI
Amendment 610 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
2022/12/20
Committee: ENVI
Amendment 650 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point iii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point a a
(iii) the following point (aa) is inserted: ‘(aa) environmental performance limit values;;’deleted
2022/12/20
Committee: ENVI
Amendment 659 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point v
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point b b
(v) the following point (bb) is inserted: ‘(bb) appropriate requirements for an environmental management system as laid down in Article 14a;;’deleted
2022/12/20
Committee: ENVI
Amendment 664 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point b c
(vi) the following point (bc) is inserted: (bc) suitable monitoring requirements for the consumption and reuse of resources such as energy, water and raw materials;deleted
2022/12/20
Committee: ENVI
Amendment 680 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point d – subpoint iii
(vii) in point (d), the following subpoint (iii) is added: (iii) fulfilment of the environmental policy objectives referred to in Article 14a. Such information shall be made public;;deleted information on progress towards
2022/12/19
Committee: ENVI
Amendment 697 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a
(11) The following Article 14a is inserted: Article 14a Environmental management system 1. operator to prepare and implement, for each installation falling within the scope of this Chapter, an environmental management system (‘EMS’). The EMS shall comply with the provisions included in relevant BAT conclusions that determine aspects to be covered in the EMS. The EMS shall be reviewed periodically to ensure that it continues to be suitable, adequate and effective. 2. following: (a) the continuous improvement of the environmental performance and safety of the installation, which shall include measures to: (i) prevent the generation of waste; (ii) optimise resource use and water reuse; (iii) prevent or reduce risks associated with the use of hazardous substances. (b) objectives and performance indicatdeleted Member States shall require the The EMS shall include at least the environmental policy objectives for fors in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions and the life- cycle environmental performance of the supply chain; (c) obligation to conduct an energy audit or implement an energy management system pursuant to Article 8 of Directive 2012/27/EU, inclusion of the results of that audit or implementation of the energy management system pursuant to Article 8 and Annex VI of that Directive and of the measures to implement their recommendations; (d) hazardous substances present in the installation as such, as constituents of other substances or as part of mixtures, a risk assessment of the impact of such substances on human health and the environment and an analysis of the possibilities to substitute them with safer alternatives; (e) measures taken to achieve the environmental objectives and avoid risks for human health or the environment, including corrective and preventive measures where needed; (f) to in Article 27d. 3. be made available on the Internet, free of charge and without restricting access to registered users.stallations covered by the a chemicals inventory of the a transformation plan as referred The EMS of an installation shall
2022/12/19
Committee: ENVI
Amendment 791 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3
3. The competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying BAT in the installation, and that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (BAT-AELs) as laid down in the decisions on BAT conclusions referred to in Article 13(5). The emission limit values shall be based on an assessment by the operator analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best performance the installation can achieve by applying BAT as described in BAT conclusions. The emission limit values shall be set through either of the following: (a) expressed for the same or shorter periods of time and under the same reference conditions as the emission levels associated with the best available techniques; or (b) values than those referred to under point (a) in terms of values, periods of time and reference conditions. Where the emission limit values are set in accordance with point (b), the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the emission levels associated with the best available techniques.deleted setting emission limit values setting different emission limit
2022/12/19
Committee: ENVI
Amendment 824 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a
3a. The competent authority shall set environmental performance limit values that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATs as laid down in the decisions on BAT conclusions referred to in Article 13(5).deleted
2022/12/19
Committee: ENVI
Amendment 962 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 d (new)
Directive 2010/75/EU
Article 21 – paragraph 3 a (new)
(15d) In Article 21, paragraph 3 a (new) is inserted as follows: 3a. In case undertakings are implementing deep industrial transformations towards EU objectives of a circular and climate neutral economy, the competent authority shall exempt the operator from the reconsideration and updating of permit conditions for the activities concerned until the transformation is completed.
2022/12/20
Committee: ENVI
Amendment 1059 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c – title
Emission levels associated with emerging techniquesdeleted
2022/12/20
Committee: ENVI
Amendment 1060 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c – paragraph 1
By way of derogation from Article 21(3), the competent authority may set emission limit values that ensure that, within 6 years of publication of a decision on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, emissions shall not, under normal operating conditions, exceed emission levels associated with emerging techniques as laid down in the decisions on BAT conclusions.deleted
2022/12/20
Committee: ENVI
Amendment 1070 #
2022/12/20
Committee: ENVI
Amendment 1081 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – title
Transformation towards a clean, circular and climate neutral industrydeleted
2022/12/20
Committee: ENVI
Amendment 1088 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1
1. Member States shall require that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installation carrying out any activity listed in points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I. The transformation plan shall contain information on how the installation will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, circular and climate- neutral economy by 2050, using the format referred to in paragraph 4. Member States shall take the necessary measures to ensure that by 31 December 2031, the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 1 with the requirements set out in the implementing act referred to in paragraph 4.deleted
2022/12/20
Committee: ENVI
Amendment 1123 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2
2. Member States shall require that, as part of the review of the permit conditions pursuant to Article 21(3) following the publication of decisions on BAT conclusions after 1 January 2030, the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installation carrying out any activity listed in Annex I that is not referred to in paragraph 1. The transformation plan shall contain information on how the installation will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, circular and climate- neutral economy by 2050, using the format referred to in paragraph 4. Member States shall take the necessary measures to ensure that the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 2 with the requirements set out in the implementing act referred to in paragraph 4.deleted
2022/12/20
Committee: ENVI
Amendment 1158 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 3
3. The operator shall make its transformation plan as well as the results of the assessment referred to in paragraphs 1 and 2 public, as part of the publication of its environmental management system.deleted
2022/12/20
Committee: ENVI
Amendment 1175 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 4
4. The Commission shall by 30 June 2028, adopt an implementing act establishing the format for the transformation plans. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2)..deleted
2022/12/20
Committee: ENVI
Amendment 1246 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a – paragraph 1
This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annex. intensive rearing of poultry and pigs: (a) with more than 40000 places for poultry, (b) with more than 2000 places for production pigs (over 30 kg), or (c) with more than 750 places for sows.
2022/12/20
Committee: ENVI
Amendment 1250 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b
Article 70b Aggregation rule If two or more installations are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a.deleted
2022/12/20
Committee: ENVI
Amendment 1259 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – paragraph 1
If two or more installations are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a.deleted
2022/12/20
Committee: ENVI
Amendment 1275 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter is operated without a permit and that its operation complies with the operating rules referred to in Article 70i. In case of stables on family farms or free-ventilated stables or pasture, permits are not needed.
2022/12/20
Committee: ENVI
Amendment 1282 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 1 a (new)
1a. By way of derogation from paragraph 1 of this Article, Member States may provide for a specific procedure for the registration of farms rearing animals covered in this Chapter. The procedure for registration referred to in the first subparagraph shall be laid down in a binding act and include at least a requirement for a notification to the competent authority by the farmer of the intention to operate its activity. Member States shall use any similar pre-existing procedure for the registration in order to avoid creating an administrative burden.
2022/12/20
Committee: ENVI
Amendment 1288 #
2022/12/20
Committee: ENVI
Amendment 1295 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point e
(e) the nature and quantities of foreseeable emissions from the installation into each mediumbuilding where the rearing takes place, into each medium under normal operating conditions.
2022/12/20
Committee: ENVI
Amendment 1313 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 4
4. Member States shall take necessary measures to ensure that the operatofarmer informs the competent authority, without delay, of any planned substantial change to the installationsfarm and farm buildings where the rearing takes place, falling within the scope of this Chapter which may have consequences for the environment. Where appropriate, the competent authority shall reconsider and update the permit.
2022/12/20
Committee: ENVI
Amendment 1322 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1 – subparagraph 1
Member States shall ensure that the operator carries out monitoring of emissions and of associated environmental performance levels in accordance with the operating rules referred to in Article 70i.deleted
2022/12/20
Committee: ENVI
Amendment 1323 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1– subparagraph 2
The operator shall keep a record of, and process, all monitoring results, for a period of at least 6 years, in such a way as to enable the verification of compliance with the emission limit values and environmental performance limit values set out in operating rules referred to in Article 70i.deleted
2022/12/20
Committee: ENVI
Amendment 1325 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 2
2. In the event of non-compliance with the emission limit values and environmental performance limit values set out in the operating rules referred to in Article 70i, Member States shall require that the operator takes the measures necessary to ensure that compliance is restored within the shortest possible time.deleted
2022/12/20
Committee: ENVI
Amendment 1329 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 3
3. The operator shall ensure that any land spreading of waste, animal by- products or other residues generated by the installation is undertaken in accordance with the best available techniques, as specified in the operating rules referred to in Article 70i, and other relevant Union legislation and that it does not cause significant pollution of the environment.deleted
2022/12/20
Committee: ENVI
Amendment 1392 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – introductory part
The Commission shall establish operating rules containing requirements consistent with the use of best available techniques for the activities listed in Annex Ireferred to in Article 70a, which shall include the following:
2022/12/20
Committee: ENVI
Amendment 1542 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 2
2. Member States shall ensure that, as part of the public concerned, non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the non- governmental organisations referred to in this paragraph.deleted
2022/12/21
Committee: ENVI
Amendment 1550 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage.deleted
2022/12/21
Committee: ENVI
Amendment 1558 #

2022/0104(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage. This shall not apply to violation related to activities referred to in Article 70a.
2022/12/21
Committee: ENVI
Amendment 1621 #

2022/0104(COD)

Proposal for a directive
Annex I – paragraph 1 – point e
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 3 – point 3.6
(e) the following point 3.6. is inserted: 3.6. (opedeleted Extractions such as comminution, size control, beneficiation and upgrading) of the following non-energy minerals: (a) barite, bentonite, diatomite, feldspar, fluorspar, graphite, gypsum, kaolin, magnesite, perlite, potash, salt, sulphur and talc; (b) bauxite, chromium, cobalt, copper, gold, iron, lead, lithium, manganese, nickel, palladium, platinum, tin, tungsten and zinc.’; and treatment industrial minerals, including metalliferous ores, including
2022/12/21
Committee: ENVI
Amendment 1639 #

2022/0104(COD)

Proposal for a directive
Annex I – paragraph 1 – point i
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 6 – point 6.5
6.5. Disposal or recycling of animal carcases or animal by-products of Category 1 within the meaning of Article 8 or Category 2 within the meaning of Article 9 of Regulation (EC) No. 1069/2009, with the exception of liquid manure, guano, stomach and intestinal contents, milk, milk products, colostrum, eggs and egg products with a treatment capacity exceeding 10 tonnes per day..
2022/12/21
Committee: ENVI
Amendment 1678 #

2022/0104(COD)

Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
2. Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU or more. The approximate equivalent in LSU is based on the conversion rates established in Annex II to Commission Implementing Regulation (EU) No 808/2014*. __________ * Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (OJ L 227, 31.07.2014, p.18).deleted
2022/12/21
Committee: ENVI
Amendment 269 #

2022/0051(COD)

Proposal for a directive
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companies, especially large ones, rely on global valuesupply chains. It is also in the interest of companies to respect and protect human rights and the environment, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value-oriented transformation already exist on Union77 , as well as national78 level. Further, binding due diligence legislation has been implemented in several Member States such as France and Germany, which gives rise to the need for a level playing field for companies in order to avoid fragmentation and to provide legal certainty for businesses operating in the single market. _________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
2022/12/06
Committee: JURI
Amendment 273 #

2022/0051(COD)

Proposal for a directive
Recital 5
(5) EWell-established existing international standards on responsible business conduct such as the United Nations Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises clarified in the OECD Due Diligence Guidance for Responsible Business Conduct specify that companies should respect and protect human rights and set out how they should address the protection of the environment across their operations and valuesupply chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. These international standards should be the basis for this Directive. _________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
2022/12/06
Committee: JURI
Amendment 278 #

2022/0051(COD)

Proposal for a directive
Recital 6
(6) The concept of human rights due diligence was specified and further developed in the OECD Guidelines for Multinational Enterprises80 which extended the application of due diligence to environmental and governance topics. The OECD Guidance on Responsible Business Conduct and sectoral guidance81 are internationally recognised frameworks setting out practical due diligence steps to help companies identify, prevent, mitigate and account for how they address actual and potential impacts in their operations, valuesupply chains and other business relationships. The concept of due diligence is also embedded in the recommendations of the International Labour Organisation (ILO) Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.82, which should form the basis for this Directive. _________________ 80 OECD Guidelines for Multinational Enterprises, 2011 updated edition, available at http://mneguidelines.oecd.org/guidelines/.h ttps://mneguidelines.oecd.org/mneguidelin es/ 81 OECD Guidance on Responsible Business Conduct, 2018, and sector- specific guidance, available at https://www.oecd.org/investment/due- diligence-guidance-for-responsible- business-conduct.htm. 82 The International Labour Organisation’s “Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, Fifth Edition, 2017, available at: https://www.ilo.org/empent/Publications/ WCMS_094386/lang--en/index.htm.
2022/12/06
Committee: JURI
Amendment 285 #

2022/0051(COD)

Proposal for a directive
Recital 8
(8) International agreements under the United Nations Framework Convention on Climate Change, to which the Union and the Member States are parties, such as the Paris Agreement84 and the recent Glasgow Climate Pact85 , set out precise avenues to address climate change and keep global warming within 1.5 C degrees for states as signatory parties. Besides specific actions being expected from all signatory Parties, the role of the private sector, in particular its investment strategies, is also considered central to achieve these objectives. _________________ 84 https://unfccc.int/files/essential_backgroun d/convention/application/pdf/english_paris _agreement.pdf. 85 Glasgow Climate Pact, adopted on 13 November 2021 at COP26 in Glasgow, https://unfccc.int/sites/default/files/resourc e/cma2021_L16_adv.pdf.https://unfccc.int/ sites/default/files/resource/cma2021_L16_ adv.pdf.
2022/12/06
Committee: JURI
Amendment 293 #

2022/0051(COD)

Proposal for a directive
Recital 10
(10) According to the Commission Communication on forging a climate- resilient Europe89 presenting the Union Strategy on Adaptation to climate change, new investment and policy decisions should be climate-informed and future- proof, including for larger businesses managing valuesupply chains. This Directive should be consistent with that Strategy. Similarly, there should be consistency with the Commission Directive […] amending Directive 2013/36/EU as regards supervisory powers, sanctions, third-country branches, and environmental, social and governance risks (Capital Requirements Directive)90 , which sets out clear requirements for banks’ governance rules including knowledge about environmental, social and governance risks at board of directors level. _________________ 89 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Forging a climate-resilient Europe – the new EU Strategy on Adaptation to Climate Change (COM/2021/82 final), available at https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=COM:2021:82:FIN. 90 OJ C […], […], p. […].
2022/12/06
Committee: JURI
Amendment 295 #

2022/0051(COD)

Proposal for a directive
Recital 11
(11) The Action Plan on a Circular Economy91 , the Biodiversity strategy92 , the Farm to Fork strategy93 and the Chemicals strategy94 and Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery95 , Industry 5.096 and the European Pillar of Social Rights Action Plan97 and the 2021 Trade Policy Review98 list an initiative on sustainable corporate governance among their elements. _________________ 91 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on A new Circular Economy Action Plan For a cleaner and more competitive Europe (COM/2020/98 final). 92 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Biodiversity Strategy for 2030 Bringing nature back into our lives (COM/2020/380 final). 93 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system (COM/2020/381 final). 94 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Chemicals Strategy for Sustainability Towards a Toxic-Free Environment (COM/2020/667 final). 95 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery (COM/2021/350 final). 96 Industry 5.0; https://ec.europa.eu/info/research-and- innovation/research-area/industrial- research-and-innovation/industry-50_en 97 https://op.europa.eu/webpub/empl/europe an-pillar-of-social-rights/en/ 98 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Trade Policy Review – An Open, Sustainable and Assertive Trade Policy (COM/2021/66/final).deleted
2022/12/06
Committee: JURI
Amendment 296 #

2022/0051(COD)

Proposal for a directive
Recital 12
(12) This Directive is in coherence with the EU Action Plan on Human Rights and Democracy 2020-202499 . This Action Plan defines as a priority to strengthen the Union’s engagement to actively promote the global implementation of the United Nations Guiding Principles on Business and Human Rights and other relevant international guidelines such as the OECD Guidelines for Multinational Enterprises, including by advancing relevant due diligence standards OECD Guidelines for Multinational Enterprises as clarified in the OECD Due Diligence Guidance for Responsible Business Conduct as the relevant guidelines, including by advancing relevant due diligence standards. Therefore, these international standards should form the basis for the obligations on due diligence for companies set out in this Directive. _________________ 99 Joint Communication to the European Parliament and the Council on the EU Action Plan on Human Rights and Democracy 2020-2024 (JOIN/2020/5 final).
2022/12/06
Committee: JURI
Amendment 299 #

2022/0051(COD)

Proposal for a directive
Recital 13
(13) The European Parliament, in its resolution of 10 March 2021 calls upon the Commission to propose Union rules for a comprehensive corporate due diligence obligation100 . The Council Conclusions on Human Rights and Decent Work in Global Supply Chains of 1 December 2020 called upon the Commission to table a proposal for a Union legal framework on sustainable corporate governance, including cross- sector corporate due diligence obligations along global supply chains.101 The European Parliament also calls for clarifying directors` duties in its own initiative report adopted on 2 December 2020 on sustainable corporate governance. In their Joint Declaration on EU Legislative Priorities for 2022102 , the European Parliament, the Council of the European Union and the Commission have committed, to deliver on an economy that works for people, and to improve the regulatory framework on sustainable corporate governance. _________________ 100 European Parliament resolution of 10 March 2021 with recommendations to the Commission on corporate due diligence and corporate accountability (2020/2129(INL)), P9_TA(2021)0073, available at https://oeil.secure.europarl.europa.eu/oeil/p opups/ficheprocedure.do?lang=en&referen ce=2020/2129(INL). 101 Council Conclusions on Human Rights and Decent Work in Global Supply Chains, 1 December 2020 (13512/20). 102 Joint declaration of the European Parliament, the Council of the European Union and the European Commission on EU Legislative Priorities for 2022, available at https://ec.europa.eu/info/sites/default/files /joint_declaration_2022.pdf.
2022/12/06
Committee: JURI
Amendment 304 #

2022/0051(COD)

Proposal for a directive
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and environmental impacts connected with companies’ own operations, subsidiaries and value chainssupply chains. This Directive is without prejudice to the responsibility of Member States to respect and protect human rights and the environment under international law.
2022/12/06
Committee: JURI
Amendment 307 #

2022/0051(COD)

Proposal for a directive
Recital 14 a (new)
(14a) In line with relevant EU and national law, all companies in the EU need to adhere to the protection of human rights and environmental standards. If that is not the case, Member States and their relevant authorities are required to enforce the legislation. Thus, there is no need for companies within the EU to control each other’s conduct. The goal of due diligence is to tackle risks in cases where human rights and environmental standards are not or cannot be enforced. Thus, tracing activities in the supply chain shall be focused on upstream level business relationships outside the EU.
2022/12/06
Committee: JURI
Amendment 309 #

2022/0051(COD)

Proposal for a directive
Recital 14 b (new)
(14b) This Directive is without prejudice to obligations in the areas of human rights, protection of the environment and climate change under other Union legislative acts. If the provisions of this Directive conflict with a provision of another Union legislative act pursuing the same objectives and providing for more extensive or more specific obligations, the provisions of the other Union legislative act should prevail to the extent of the conflict and should apply to those specific obligations. Examples of these obligations in Union legislative acts include obligations in the Conflict Minerals Regulation, the proposal for a Batteries Regulation or the proposal for a Regulation on deforestation-free supply chains.
2022/12/06
Committee: JURI
Amendment 310 #

2022/0051(COD)

Proposal for a directive
Recital 15
(15) Companies should take appropriate steps within their means to set up and carry out risk-based due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct anddirect business relationships outside the EU and in case of substantiated knowledge of risks, indirect business relationships throughoutoutside the EU in their valuesupply chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measureMoreover, administering information on a large number of business relationships is difficult. Therefore, the main obligations in this Directive should be ‘obligations of means’. In addition, while companies can be asked to prevent or mitigate adverse impacts that they caused or contributed to, it is still the responsibility of states to combat human rights violations worldwide. Companies should take the appropriate proportionate and commensurate measures within their means which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the respective company’s valuesupply chain, sector or geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships,ize, risk factors including the sector and geographical area of activity, the likelihood and severity of the company's potential or actual adverse impacts and its specific circumstances, the company’s power, resources and leverage to influence its business relationships, whether they caused or contributed to the adverse impact or are directly linked to it and whether the company could increase its power of influencleverage.
2022/12/06
Committee: JURI
Amendment 317 #

2022/0051(COD)

(16) The risk-based due diligence process set out in this Directive should cover the six steps defined by the OECD Due Diligence Guidance for Responsible Business Conduct, which include due diligence measures for companies to identify and address adverse human rights and environmental impacts. This encompasses the following steps: (1) integrating due diligence into policies and management systems, (2) identifying and, assessing and prioritising adverse human rights and environmental impacts, (3) preventing, ceasing or minimising actual and potential adverse human rights, and environmental impacts, (4) assessing the effectiveness of measures, (5) communicating, (6) providing remediation.
2022/12/06
Committee: JURI
Amendment 321 #

2022/0051(COD)

Proposal for a directive
Recital 17
(17) Adverse human rights and environmental impact occur in companies’ own operations, subsidiaries, products, and in their value chains, in particulaaspects particularly occur at the level of raw material sourcing, and manufacturing, or at the level of product or waste disposal in the upstream supply chain operating outside the EU. In order for the due diligence to have a meaningful impact, it should cover human rights and environmental adverse impacts generated throughout the life-cycle of production and use and disposal of product or provision of servicthe level of companies’ own operations, operations of their subsidiaries, atnd the level of own operations, subsidiaries and in valueir business relationships outside the EU in their upstream supply chains.
2022/12/06
Committee: JURI
Amendment 323 #

2022/0051(COD)

Proposal for a directive
Recital 17 a (new)
(17a) Secondary raw materials can only be traced until the point where the recycled material is returned to the immediate supplier of the recycler and where the information is obtained and retained to demonstrate that the material is recycled. Therefore, due diligence obligations should not go beyond that point.
2022/12/06
Committee: JURI
Amendment 330 #

2022/0051(COD)

Proposal for a directive
Recital 18
(18) The valuesupply chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct anddirect and, in cases of substantiated knowledge of adverse impacts, indirect business relationships, both outside the EU that design, extract, manufacture, transport, store and supply raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.directly necessary to carry out the company’s activities;
2022/12/06
Committee: JURI
Amendment 336 #

2022/0051(COD)

Proposal for a directive
Recital 19
(19) As regards regulated financial undertakings providing loan, credit, or other financial services, “value chain” with respect to the provision of such services should be limited to the activities of the clients receiving such services, and the subsidiaries thereof whose activities are linked to the contract in question. Clients that are households and natural persons not acting in a professional or business capacity, as well as small and medium sized undertakings, should not be considered to be part of the value chain. The activities of the companies or other legal entities that are included in the value chain of that client should not be covered.deleted
2022/12/06
Committee: JURI
Amendment 341 #

2022/0051(COD)

Proposal for a directive
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chainsupply chain that it caused or contributed to and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to establisheddirect business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the value chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company outside the EU. In cases when there is substantiated knowledge of adverse impacts and the company has the means and leverage to influence those, meaning being directly linked to the adverse impact, companies should include indirect business relationships outside the EU.
2022/12/06
Committee: JURI
Amendment 347 #

2022/0051(COD)

Proposal for a directive
Recital 20 a (new)
(20a) The concept of a company’s involvement in an adverse impact should clarify that the actions to be taken to address potential or actual adverse impacts depend on the level of involvement of a company in an adverse impact. The company’s involvement in an adverse impact should be in the form of the company causing the adverse impact, contributing to the adverse impact, or the company being directly linked to the adverse impact, meaning it was caused by its direct or indirect business relationship in the company’s supply chain without the company causing or contributing to it. Although the concepts of the company’s involvement in an adverse impact of ‘contributing to’ and ‘being directly linked to’ also exist in international standards, they should receive an autonomous definition in the Directive. With a view to ensure an effective protection of human rights and the environment, ‘causing’ should be understood as the companies own sole activities, and ‘contributing to’ should be understood as a company’s own activities in combination with or intervention of the activities of business relationships or facilitating or incentivising a business relationship to cause an adverse impact.
2022/12/06
Committee: JURI
Amendment 349 #

2022/0051(COD)

Proposal for a directive
Recital 21
(21) Under this Directive, EU companies established in the Union with more than 53000 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 sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts900 million in the financial year preceding the last financial year should be required to comply with due diligence. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. _________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
2022/12/06
Committee: JURI
Amendment 353 #

2022/0051(COD)

Proposal for a directive
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and environmental issues, the selection of high-impact sectors for the purposes of this Directive should be based on existing sectoral OECD due diligence guidance. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; the extraction of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value chain 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.deleted
2022/12/06
Committee: JURI
Amendment 358 #

2022/0051(COD)

Proposal for a directive
Recital 23
(23) In order to fully achieve fully the objectives of this Directive addressing human rights and adverse environmental impacts with respect to companies’ operations, subsidiaries and valuesupply chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 150 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 40 million but less thanhave a branch or subsidiary in the EU, had 3000 employees on average and generated a net worldwide turnover of at least EUR 15900 million in the last financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive.
2022/12/06
Committee: JURI
Amendment 361 #

2022/0051(COD)

Proposal for a directive
Recital 24
(24) For defining the scope of application in relation to non-EUthird-country companies the describcompany in question needs turnover criterion should be choseno have a branch or subsidiary in the EU as it creates a territorial connection between the third- country companies and the Union territory. TIn addition, turnover is a proxy for the effects that the activities of those companies could have on the internal market. In accordance with international law, such effects justify the application of Union law to third-country companies. To ensure identification of the relevant turnover of companies concerned, the methods for calculating net turnover for non-EUthird-country companies as laid down in Directive (EU) 2013/34 as amended by Directive (EU) 2021/2101 should be used. To ensure effective enforcement of this Directive, an employee threshold should, in turn, not be applied also be applied as a benchmark to determine which third-country companies fall under this Directive, as to create a level- playing field, while taking into account that the notion of “employees” retained for the purposes of this Directive is based on Union law and could not be easily transposed outside of the Union. In the absence of a clear and consistent methodology, including in accounting frameworks, to determine the employThat is why the nexus to the EU needs of third-country companies, such employee threshold would therefore create legal uncertainty and would be difficult to apply for supervisory authoritiesto be ensured through having a branch or subsidiary in the EU. The definition of turnover should be based on Directive 2013/34/EU which has already established the methods for calculating net turnover for non-Union companies, as turnover and revenue definitions are similar in international accounting frameworks too. With a view to ensuring that the supervisory authority knows which third country companies generate the required turnover in the Union to fall under the scope of this Directive, this Directive should require that a supervisory authority in the Member State where the third country company’s authorised representative is domiciled or established and, where it is different, a supervisory authority in the Member State in which the company generated most of its net turnover in the Union in the financial year preceding the last financial year are informed that the company is a company falling under the scope of this Directive.
2022/12/06
Committee: JURI
Amendment 363 #

2022/0051(COD)

Proposal for a directive
Recital 25
(25) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should be carried out with respect to adverse human rights impact on protected persons resulting from the violation of one of the rights and prohibitions as enshrined in the international conventions as listed in the Annex to this Directive. In order to ensure a comprehensive coverage of human rights, a violation of a prohibition or right not specifically listed in that Annex which directly impairs a legal interest protected in those conventions should also form part of the adverse human rights impact covered by this Directive, provided that the company concerned could have reasonably established the risk of such impairment and any appropriate measures to be taken in order to comply with the due diligence obligations under this Directive, taking into account all relevant circumstances of their operations, such as the sector and operational contextOECD Due Diligence Guidelines for Multinational Enterprises as clarified in the OECD Guidance for Responsible Business Conduct, as well as the UN Guiding Principles for Business and Human Rights. Due diligence should further encompass adverse environmental impacts resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex to this DirectiveOECD Due Diligence Guidelines for Multinational Enterprises as clarified in the Guidance for Responsible Business Conduct as regards the environment.
2022/12/06
Committee: JURI
Amendment 365 #

2022/0051(COD)

Proposal for a directive
Recital 26
(26) Companies should have guidance at their disposal that illustrates how their activities may impact human rights and which corporate behaviour is prohibited in accordance with internationally recognised human rights. Such guidance is included for instance in The United Nations Guiding Principles Reporting Framework104 and the United Nations Guiding Principles Interpretative Guide105 . Using relevant international guidelines and standards as a and should be made easily accessible to companies. Therefeorence, the Commission should be able to issue additionalissue guidance that will serve as a practical tool for companies. _________________ 104 https://www.ungpreporting.org/wp- content/uploads/UNGPReportingFramewor k_withguidance2017.pdf. 105 https://www.ohchr.org/Documents/Issues/ Business/RtRInterpretativeGuide.pdf.https: //www.ohchr.org/Documents/Issues/Busine ss/RtRInterpretativeGuide.pdf.
2022/12/06
Committee: JURI
Amendment 367 #

2022/0051(COD)

Proposal for a directive
Recital 27
(27) In order to conduct appropriate human rights, and environmental due diligence with respect to their operations, their subsidiaries, and their valuesupply chains, companies covered by this Directive should integrate due diligence into corporate policies, identify, prevent and mitigate as well as bring to an end and minimise the extent of potential and actual adverse human rights and environmental impacts that they cause or contribute to, establish and maintain a complaintsnotification procedure, monitor the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence in line with competition law. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts and of bringing to an end, or when this is not possible, minimising actual adverse impacts should be clearly distinguished in this Directive.
2022/12/06
Committee: JURI
Amendment 372 #

2022/0051(COD)

(28) In order to ensure that due diligence forms part of companies’ corporate policies, and in line with the relevant international framework, companies should integrate due diligence into all their relevant corporate policies and have in place a risk- based due diligence policy. The due diligence policy should contain a description of the company’s approach, including in the long term, to due diligence, a code of conduct describing the rules and principles to be followed by the company’s employees and subsidiaries; a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to establishedits direct business relationships outside the EU. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. Companies should also update their due diligence policy annuallwhen relevant, meaning after a significant change occurs, such as operating in or sourcing from a new country.
2022/12/06
Committee: JURI
Amendment 377 #

2022/0051(COD)

Proposal for a directive
Recital 29
(29) To comply with due diligence obligations, companies need to take appropriate measures with respect to identification, prevention and bringing to an end adverse impacts that it caused or contributed to. An ‘appropriate measure’ should mean a measure that is capable of achieving the objectives of due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action. In this context, in line with international frameworks, the company’s influencleverage over a business relationship should include, on the one hand its ability to persuade the business relationship to take action to bring to an end or prevent adverse impacts (for example through ownership or factual control, market power, pre-qualification requirements, linking business incentives to human rights and environmental performance, etc.) and, on the other hand, the degree of influence or leverage that the company could reasonably exercise, for example through cooperation with the business partner in question or engagement with another company which is the direct business partner of the business relationship associated with adverse impact.
2022/12/06
Committee: JURI
Amendment 379 #

2022/0051(COD)

Proposal for a directive
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and environmental impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on meaningful stakeholder engagement and quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in valuesupply 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 respoWhen identifying adverse impacts that they caused or contributed to, the company should be able to first map areas of their operations, the operations of their subsidiaries and, where related to their supply chainse, to or anticipation of changesheir direct business relationships outside the EU inf they operating environment; and periodically, at least every 12 me in risk areas, and based on ths, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of ae results, carry out an in-depth risk assessment prioritising the areas where the adverse impacts are most likely to be present or most significant. Indirect business relationships business model and strategies, including trading, procurement and pricing pshall be taken into account then there is substantiated knowledge of risks in those operactices. Whereons that 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 circumstancesis directly linked to, e.g. based on information gathered in the notification procedure. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way after a significant change occurs, throughout the life of an activity or relationship.
2022/12/06
Committee: JURI
Amendment 384 #

2022/0051(COD)

Proposal for a directive
Recital 30 a (new)
(30a) Where the company cannot prevent, mitigate, bring to an end or minimise all the identified actual and potential adverse impacts at the same time to the full extent, it should be allowed to prioritise them based on the severity and likelihood of the adverse impact. In line with the relevant international framework, the severity of an adverse impact should be assessed based on its gravity (scale of the adverse impact), the number of persons or the extent of the environment affected (scope of the adverse impact), its irreversibility, and difficulty to restore the situation prevailing prior to the impact (irremediable character of the adverse impact).
2022/12/06
Committee: JURI
Amendment 385 #

2022/0051(COD)

Proposal for a directive
Recital 31
(31) In order to avoid undue burden on the smaller companies operating in high- impact sectors which are covered by this Directive, those companies should only be obliged to identify those actual or potential severe adverse impacts that are relevant to the respective sector.deleted
2022/12/06
Committee: JURI
Amendment 388 #

2022/0051(COD)

Proposal for a directive
Recital 32
(32) Where the company cannot prevent, mitigate, bring to an end or minimise all the identified actual and potential adverse impacts at the same time to the full extent, it should be allowed to prioritise them based on the severity and likelihood of the adverse impact. In line with the relevant international framework, the severity of an adverse impact should be assessed based on its gravity (scale of the adverse impact), the number of persons or the extent of the environment affected (scope of the adverse impact), its irreversibility, and difficulty to restore the situation prevailing prior to the impact (irremediable character of the adverse impact). In line with international standards, prevention and mitigation as well as bringing to an end and minimisation of adverse impacts should take into account the interests of those adversely impacted. In order to enable continuous engagement with the valuesupply chain business partner instead of termination of business relations (disengagement) and possibly exacerbating adverse impacts, this Directive should ensure that disengagement is a last-resort action, used only in cases of severe or repeated misconduct, after repeated attempts of bringing an actual adverse impact to an end have failed and only if it is in the best interest of those impacted (responsible disengagement), also in line with the Union`s policy of zero-tolerance on child labour. Terminating a business relationship in which child labour was found could expose the child to even more severe adverse human rights impacts. This should therefore be taken into account when deciding on the appropriate action to take. Moreover, responsible disengagement should also take into account possible impacts for those depending on the product or affected by disruptions of supply chains.
2022/12/06
Committee: JURI
Amendment 392 #

2022/0051(COD)

Proposal for a directive
Recital 33
(33) Under the due diligence obligations set out by this Directive, if a company identifies potential adverse human rights or environmental impacts, it should take appropriate measureproportionate and commensurate measures within their means to prevent andor adequately mitigate them. To provide companies with legal clarity and certainty, this Directive should set out the actions companies should becan be reasonably expected to take for prevention and mitigation of potential adverse impacts where relevant depending on the circumstances. and leverage. Companies should be obliged to take measures within their means to prevent or mitigate the adverse impacts that they cause or to which they contribute. When companies are not causing nor contributing to the adverse impacts occurring in their supply chain (so called ‘being directly linked to’ the adverse impact), they should use their influence to prevent or mitigate the adverse impact caused by their subsidiaries or business partners or to increase their influence to do so.
2022/12/06
Committee: JURI
Amendment 397 #

2022/0051(COD)

Proposal for a directive
Recital 34
(34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions, where relevant depending on the circumstances and their leverage. Where necessary due to the complexity of prevention measures, companies should develop and implement a prevention action plan. Companies shouldmay seek to obtain contractual or other assurances from a direct partner with whom they have an established direct business relationship outside the EU that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ value chain. The contractual assurances should besupply chain where possible. The assurances may be, where appropriate, accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts, and, where appropriate, collaborate with other companies to that extent. Companies should also provide targeted and proportionate support for an SME with which they have an established direct business relationship outside the EU such as financing, for example, through direct financing, low-interest loans, guarantees of continued sourcing, and assistance in securing financing, to help implement the code of conduct or prevention action plan, or technical guidance such as in the form of training, management systems upgrading, and collaborate with other companies.
2022/12/06
Committee: JURI
Amendment 402 #

2022/0051(COD)

Proposal for a directive
Recital 35
(35) In order to reflect the full range of options for the company in cases where potential impacts could not be addressed by the described prevention or minimisation measuresthere is substantiated knowledge of severe adverse impacts in indirect business relationships outside the EU, this Directive should also refer to the possibility for the company to seek to conclude a contract with the indirect business partnerrelationship, with a view to achieving compliance with the company’s code of conduct or a prevention action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract. This possibility should be taken into account on an ad-hoc basis and following the engagement with stakeholders.
2022/12/06
Committee: JURI
Amendment 405 #

2022/0051(COD)

Proposal for a directive
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationship, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.deleted
2022/12/06
Committee: JURI
Amendment 409 #

2022/0051(COD)

Proposal for a directive
Recital 37
(37) As regards direct andor where applicable indirect business relationships, industry cooperation, industry schemes and multi- stakeholder initiatives can help create additional leverage to identify, mitigate, and prevent adverse impacts. Therefore, it should be possible for companies to rely on such initiatives to support the implementation of their due diligence obligations laid down in this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. CompaniMember States cshould assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive and assess their feasibility. However, membership of such schemes should complement, not replace company due diligence efforts. In order to ensure full information on such initiatives, the Directive should also refer to the possibilityquire for the Commission and the Member States to facilitate the dissemination of information on such schemes or initiatives and their outcomes. The Commission, in collaboration with Member States, may should issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
2022/12/06
Committee: JURI
Amendment 413 #

2022/0051(COD)

Proposal for a directive
Recital 38
(38) Under the due diligence obligations set out by this Directive, if a company identifies actual human rights or environmental adverse impacts that it caused or contributed to, it should take appropriate measures to bring those to an end. It can be expected that a company is able to bring to an end actual adverse impacts in theirits own operations and inthose of its subsidiaries. However, it should be clarified that, as regards established business relationships, where adverse impacts cannot be brought to an end, companies should minimise the extent of such impacts. Minimisation of the extent of adverse impacts should require an outcome that is the closest possible to bringing the adverse impact to an end. To provide companies with legal clarity and certainty, this Directive should define which actions companies shcould be reasonably required to take within their means for bringing actual human rights and environmental adverse impacts to an end and minimisation of their extent, where relevant depending on the circumstances. When companies are neither causing nor contributing to the adverse impacts, meaning they are directly linked to the adverse impact, they should be obliged to use their influence to bring to an end or minimise the extent of the adverse impact caused by their subsidiaries or business relationships or to increase their influence to do so.
2022/12/06
Committee: JURI
Amendment 418 #

2022/0051(COD)

Proposal for a directive
Recital 39
(39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions, where relevant within their means, where relevant depending on the circumstances. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Where necessary due to the fact that the adverse impact cannot be immediately brought to an end, companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. Companies should alsomay also, where possible and where deemed necessary following engagement with stakeholders, seek to obtain contractual or other assurances from a direct business partner with whom they have an established business relationship that they 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 valuesupply chain. The contractual assurances should beassurances may be, where appropriate, accompanied by the appropriate measures to verify compliance. Finally, companies should also make investments aiming at ceasing or minimising the extent of adverse impact, provide targeted and proportionate support for an SMEs with which they have an established direct business relationship and collaborate with other entities, including through industry initiatives, where relevant, to increase the company’s ability to bring the adverse impact to an end.
2022/12/06
Committee: JURI
Amendment 423 #

2022/0051(COD)

Proposal for a directive
Recital 40
(40) In order to reflect the full range of options for the company in cases where actual impacts could not be addressed by the described measures, this Directive should also refer to the possibility for the company to seek to conclude a contract with the indirect business partner, where appropriate, with a view to achieving compliance with the company’s code of conduct or a corrective action plan, and conduct appropriate measures to verify compliance of the indirect business relationship with the contract.
2022/12/06
Committee: JURI
Amendment 425 #

2022/0051(COD)

Proposal for a directive
Recital 41
(41) In order to ensure that bringing actual adverse impacts to an end or minimising them is effective, companies should prioritize engagement with business relationships in the valuesupply chain, instead of terminating the business relationship, as a last resort action after attempting ato bringing actual adverse impacts to an end or minimising them without success. However, this Directive should also, for cases where actual adverse impacts could not be brought to an end or adequately mitigated by the described measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercialbusiness relationships with the partner in question, while pursuing efforts to bring to an end or minimise the extent of the adverse impact, or terminate the business relationship with respect to the activities concerned, if the adverse impact is considered severe and only if this is in the best interest of those impacted (responsible disengagement). In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws.
2022/12/06
Committee: JURI
Amendment 426 #

2022/0051(COD)

Proposal for a directive
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaintsinformation directly to them in case of legitimate concerns regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaintsinformation should include trade unions and other workers’ representatives representing individuals working in the valuesupply chain concerned and civil society organisations active in the areas related to the valuesupply chain concerned where they have substantiated and documented knowledge about a potential or actual adverse impact. Companies should establish a procedure for dealing with those complaintnotifications and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remedinotification mechanism should not prevent the complaininformant from having recourse to judicial remedies. In accordance with international standards, complaiinformants should be entitled to request from the company appropriate follow-up on the complaint andnotification. This can include 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 complaintnotification. This access should not lead to unreasonable solicitations of companies nor to sanctions. Companies may deal with notifications as a group, for example within an industry initiative.
2022/12/06
Committee: JURI
Amendment 431 #

2022/0051(COD)

Proposal for a directive
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should carry out periodiccontinuous assessments of their own operations, those of their subsidiaries and, where related to the valuesupply chains of the company, those of their established business relationships outside the EU, 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 if 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- betweenwhen deemed necessary after a significant change occurs, such as operating in or sourcing from a new country or if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
2022/12/06
Committee: JURI
Amendment 439 #

2022/0051(COD)

Proposal for a directive
Recital 44
(44) Like in the existing international standards set by the United Nations Guiding Principles on Business and Human Rights and the OECD framework, it forms part of the due diligence requirement to communicate externally relevant information on due diligence policies, processes and activities conducted to identify and address actual or potential adverse impacts, including the findings and outcomes of those activities. The proposal to amend Directive 2013/34/EU as amended regardsing corporate sustainability reporting sets out relevant reporting obligations for the companies covered by this directive. In order to avoid duplicating reporting obligations, this Directive should therefore not introduce any new reporting obligations in addition to those under Directive 2013/34/EU for the companies covered by that Directive as well as the reporting standards that should be developed under it. As regards companies that are within the scope of this Directive, but do not fall under Directive 2013/34/EU, in order to comply with their obligation of communicating as part of the due diligence under this Directive, they should publish on their website an annual statement in a language customary in the sphere of international businessone of the official languages of the Union.
2022/12/07
Committee: JURI
Amendment 442 #

2022/0051(COD)

Proposal for a directive
Recital 45
(45) In order to facilitate companies’ compliance with their due diligence requirements throughas regards their valuesupply chain and limiting shifting compliance burden on SME business partners, in particular SMEs, the Commission should provide guidance on model contractual clauses.
2022/12/07
Committee: JURI
Amendment 444 #

2022/0051(COD)

Proposal for a directive
Recital 46
(46) In order to provide support and practical tools to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, using relevant international guidelines and standards as a reference, and in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, the OECD and where appropriate with international bodies having expertise in due diligence, should have the possibility to issue guidelines, including for specific sectors or specific adverse impactsissue guidelines, including for specific risk factors, including geographic locations, sectors or specific adverse impacts, as well as information on relevant industry schemes or multi- stakeholder initiatives. The basis of these guidelines should be independent and verifiable information, such as information from reports of international organisations. These guidelines should include a list of regions and third countries where adverse human rights impacts and/or environmental adverse impacts are unlikely or likely to occur. Countries or regions, where adverse impacts are unlikely to occur, might be the United States of America, the United Kingdom, Canada, Australia, New Zealand or Japan. One criteria for this list should be a free-trade agreement between the European Union and the third country or the region.
2022/12/07
Committee: JURI
Amendment 448 #

2022/0051(COD)

Proposal for a directive
Recital 47
(47) Although SMEs are not included in the scope of this Directive, they could be heavily impacted by its provisions as contractors or subcontractors to the companies which are in the scope. The aim is nevertheless to mitigate the immense 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 companies in the implementation, including SMEs, Member States should set up and operate, either individually or jointly, dedicated websites, portals or platforms, to provide information and support to companies, and Member States cshould also financially support SMEs specifically 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 tshould also 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.
2022/12/07
Committee: JURI
Amendment 450 #

2022/0051(COD)

Proposal for a directive
Recital 48
(48) In order to complement Member State support to companies in their implementation, including SMEs, the Commission mayshould build on existing EU tools, projects and other actions helping with the due diligence implementation in the EU and in third countries. It may set up new support measures that provide help to companies, including SMEs on due diligence requirements, including an observatory for valuesupply chain transparency and the facilitation and assessment of joint stakeholder initiatives.
2022/12/07
Committee: JURI
Amendment 452 #

2022/0051(COD)

Proposal for a directive
Recital 49
(49) The Commission and Member States should continue to work in partnership with third countries to support upstream economic operators build the capacity to effectively prevent and mitigate adverse human rights and environmental impacts of their operations and business relationships, paying specific attention to the challenges faced by smallholders. They should use their neighbourhood, development and international cooperation instruments, including Free Trade Agreements, to support third country governments and upstream economic operators in third countries addressing adverse human rights and environmental impacts of their operations and upstream business relationships. This could include working with partner country governments, the local private sector and stakeholders on addressing the root causes of adverse human rights and environmental impacts.
2022/12/07
Committee: JURI
Amendment 455 #

2022/0051(COD)

Proposal for a directive
Recital 50
(50) In order to ensure that this Directive effectively contributes to combating climate change, companies should adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. In case climate is or should have beenin case climate is identified as a principal risk for or a principal impact of the company’s operations, the company should include emissions reduction objectives in its planclimate objectives in its due diligence policy regarding environmental adverse impacts.
2022/12/07
Committee: JURI
Amendment 457 #

2022/0051(COD)

Proposal for a directive
Recital 51
(51) With a view to ensure that such emission reduction plan is properly implemented and embedded in the financial incentives of directors, the plan should be duly taken into account when setting directors’ variable remuneration, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainability.deleted
2022/12/07
Committee: JURI
Amendment 460 #

2022/0051(COD)

Proposal for a directive
Recital 53
(53) In order to ensure the monitoring of the correct implementation of companies’ due diligence obligations and ensure the proper enforcement of this Directive, Member States should designate one or more national supervisory authorities. These supervisory authorities should be of a public nature, independent from the companies falling within the scope of this Directive or other market interests, and free of conflicts of interest. In accordance with national law, Member States should ensure appropriate financing of the competent authority. They should be entitled to carry out investigations, on their own initiative or based on complaints or substantiated concerns raised under this Directive. Where competent authorities under sectoral legislation exist, Member States could identify those as responsible for the application of this Directive in their areas of competence. They could designate authorities for the supervision of regulated financial undertaking also as supervisory authorities for the purposes of this Directive.
2022/12/07
Committee: JURI
Amendment 462 #

2022/0051(COD)

Proposal for a directive
Recital 54
(54) In order to ensure effective enforcement of national measures implementing this Directive, Member States should provide for dissuasive, proportionate and effective administrative sanctions for infringements of those measures. In order for such sanction regime to be effective, administrative sanctions to be imposed by the national supervisory authorities should include pecuniary sanctions. Where the legal system of a Member State does not provide for administrative sanctions as foreseen in this Directive, the rules on administrative sanctions should be applied in such a way that the sanction is initiated by the competent supervisory authority and imposed by the judicial authority. Therefore, it is necessary that those Member States ensure that the application of the rules and sanctions has an equivalent effect to the administrative sanctions imposed by the competent supervisory authorities.
2022/12/07
Committee: JURI
Amendment 464 #

2022/0051(COD)

Proposal for a directive
Recital 55
(55) In order to ensure consistent application and enforcement of national provisions adopted pursuant to this Directive, national supervisory authorities should actively cooperate and coordinate their action. For that purpose a European Network of Supervisory Authorities should be set up by the Commission and the supervisory authorities should assist each other in performing their tasks and provide mutual assistance.
2022/12/07
Committee: JURI
Amendment 470 #

2022/0051(COD)

Proposal for a directive
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 intentional or gross negligent failure to comply with the due diligence process. The company should be liable for damages if thethat they directly caused if they intentionally or gross negligently 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 it directly caused and that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage.
2022/12/07
Committee: JURI
Amendment 474 #

2022/0051(COD)

Proposal for a directive
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. 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.deleted
2022/12/07
Committee: JURI
Amendment 479 #

2022/0051(COD)

Proposal for a directive
Recital 59
(59) As regards civil liability rules, the civil liability of a company for damages arising due to its failure to carry out adequate due diligencethat it directly caused should be without prejudice to civil liability of its subsidiaries or the respective civil liability of direct and indirect business partnerbusiness in the valuesupply chain. Also, the civil liability rules under this Directive should be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
2022/12/07
Committee: JURI
Amendment 483 #

2022/0051(COD)

Proposal for a directive
Recital 61
(61) In order to ensure that victims of human rights and environmental harms can bring an action for damages and claim compensation for damages arising due to a company’s failure to comply with the due diligence obligations stemming from this Directive, even where the law applicable to such claims is not the law of a Member State, as could be for instance be the case in accordance with international private law rules when the damage occurs in a third country, this Directive should require Member States to 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.deleted
2022/12/07
Committee: JURI
Amendment 484 #

2022/0051(COD)

Proposal for a directive
Recital 62
(62) The civil liability regime under this Directive should be without prejudice to the Environmental Liability Directive 2004/35/EC. This Directive should not prevent Member States from imposing further, more stringent obligations on companies or from otherwise taking further measures having the same objectives as that Directive.deleted
2022/12/07
Committee: JURI
Amendment 485 #

2022/0051(COD)

Proposal for a directive
Recital 63
(63) In all Member States’ national laws, directors owe a duty of care to the company. In order to ensure that this general duty is understood and applied in a manner which is coherent and consistent with the due diligence obligations introduced by this Directive and that directors systematically take into account sustainability matters in their decisions, this Directive should clarify, in a harmonised manner, the general duty of care of directors to act in the best interest of the company, by laying down that directors take into account the sustainability matters as referred to in Directive 2013/34/EU, including, where applicable, human rights, climate change and environmental consequences, including in the short, medium and long term horizons. Such clarification does not require changing existing national corporate structures.deleted
2022/12/07
Committee: JURI
Amendment 486 #

2022/0051(COD)

Proposal for a directive
Recital 64
(64) Responsibility for due diligence should be assigned to the company’s directors, in line with the international due diligence frameworks. Directors should therefore be responsible for putting in place and overseeing the due diligence actions as laid down in this Directive and for adopting the company’s due diligence policy, taking into account the input of stakeholders and civil society organisations and integrating due diligence into corporate management systems. Directors should also adapt the corporate strategy to actual and potential impacts identified and any due diligence measures taken.deleted
2022/12/07
Committee: JURI
Amendment 493 #

2022/0051(COD)

Proposal for a directive
Recital 70
(70) The Commission should assess and report whether new sectors should be added to the list of high-impact sectors covered by this Directive, in order to align it to guidance from the Organisation for Economic Cooperation and Development or in light of clear evidence on labour exploitation, human rights violations or newly emerging environmental threats, whether the list of relevant international conventions referred to in this Directive should be amended, in particular in the light of international developments, or whether the provisions on due diligence under this Directive should be extended to adverse climate impacts.deleted
2022/12/07
Committee: JURI
Amendment 495 #

2022/0051(COD)

Proposal for a directive
Recital 71
(71) The objective of this Directive, namely better exploiting the potential of the single market to contribute to the transition to a sustainable economy and contributing to sustainable development through the prevention and mitigation of potential or actual human rights and environmental adverse impacts in companies’ value chains, cannot be sufficiently achieved by the Member States acting individually or in an uncoordinated manner, but can rather, by reason of the scale and effects of the actions, be better achieved at Union level. In particular, addressed problems and their causes are of a transnational dimension, as many companies are operating Union wide or globally and value chains expand to other Member States and to third countries. Moreover, individuala growing number of individual and different Member States’ measures risk being ineffective, unworkable for companies to comply with, and lead to fragmentation of the internal market. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. 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.
2022/12/07
Committee: JURI
Amendment 501 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – introductory part
This DirectiveRegulation lays down rules
2022/12/07
Committee: JURI
Amendment 506 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts that they caused, contributed to or are directly linked to, with respect to their own operations, the operations of their subsidiaries, and the valuesupply chain operations carried out by entities with whom the company has an establishedtheir business relationships outside the EU and
2022/12/07
Committee: JURI
Amendment 512 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b
(b) on liability for violations of the obligations mentioned abovedamages that occurred in the operations described above which a company directly intentionally or gross negligently caused.
2022/12/07
Committee: JURI
Amendment 519 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
The nature of business relationships as ‘established’ shall be reassessed periodically, and at least every 12 months.deleted
2022/12/07
Committee: JURI
Amendment 528 #

2022/0051(COD)

2a. Member States shall not introduce, in their national law, more stringent provisions than those laid down in this Directive, unless otherwise provided for in this Directive.
2022/12/07
Committee: JURI
Amendment 536 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to companies which are formed in accordance with the legislation of a Member State and which fulfil one of the following conditions:had more than 3000 employees on average and had a net worldwide turnover of more than EUR 900 million in the last financial year for which annual financial statements have been prepared;
2022/12/07
Committee: JURI
Amendment 540 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point a
(a) the company had more than 500 employees on average and had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepardeleted;
2022/12/07
Committee: JURI
Amendment 549 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 40 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors: (i) the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; (ii) (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; (iii) regardless from where they are extracted (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).deleted agriculture, forestry, fisheries the extraction of mineral resources
2022/12/07
Committee: JURI
Amendment 596 #

2022/0051(COD)

Proposal for a directive
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 a domestic branch office or subsidiary in a Member State and which had at least 3000 employees and had a net worldwide turnover of more than EUR 900million in the last financial year for which annual financial statements have been prepared;.
2022/12/07
Committee: JURI
Amendment 602 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – point a
(a) generated a net turnover of more than EUR 150 million in the Union in the financial year preceding the last financial year;deleted
2022/12/07
Committee: JURI
Amendment 611 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – point b
(b) generated a net turnover of more than EUR 40 million but not more than EUR 150 million in the Union in the financial year preceding the last financial year, provided that at least 50% of its net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).deleted
2022/12/07
Committee: JURI
Amendment 635 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 4 a (new)
4a. In case of a group of companies: (a) the parent company, whether or not it meets the thresholds mentioned in paragraphs 1 or 2, may perform the Due Diligence obligations laid down in this Directive on behalf of any or all its subsidiaries which meet the thresholds in paragraph 1 or 2; (b) any subsidiary shall be deemed in compliance with the obligations laid down in this Directive where their parent company includes those subsidiaries in its due diligence corporate policy.
2022/12/07
Committee: JURI
Amendment 667 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’ means an adverse impact on the environment resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex, Part II; inciples set out in the OECD Due Diligence Guidelines for Multinational Enterprises as clarified in the OECD Guidance for Responsible Business Conduct as regards the environment and climate.;
2022/12/07
Committee: JURI
Amendment 676 #

2022/0051(COD)

(c) ‘adverse human rights impact’ means an adverse impact on protected persons that may impair the full enjoyment of human rights resulting from the violation of one of the prights or prohibitions listed in the Annex, Part I Section 1, as enshrined in the international conventions listed in the Annex, Part I Section 2nciples set out in the OECD Due Diligence Guidelines for Multinational Enterprises as clarified in the OECD Guidance for Responsible Business Conduct and the UN Guiding Principles on Business and Human Rights;
2022/12/07
Committee: JURI
Amendment 682 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
(ca) ‘adverse impact’ means an adverse environmental impact and adverse human rights impact;
2022/12/07
Committee: JURI
Amendment 684 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c b (new)
(cb) ‘to cause an adverse impact’ means a company’s own actions that directly led to the adverse impact.
2022/12/07
Committee: JURI
Amendment 685 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c c (new)
(cc) ‘to contribute to an adverse impact’ means a company’s own actions in combination with the activities of other entities cause an adverse impact, or if the activities of a company cause, facilitate or incentivise another entity to cause an adverse impact. Contribution must be substantial, meaning that it does not include minor or trivial contributions. The substantial nature of the contribution and understanding when the actions of the enterprise may have caused, facilitated or incentivised another entity to cause an adverse impact may involve the consideration of multiple factors. The following factors can be taken into account: – the extent to which an enterprise may encourage or motivate an adverse impact by another entity, i.e. the degree to which the activity increased the risk of the impact occurring. – the extent to which an enterprise could or should have known about the adverse impact or potential for adverse impact, i.e. the degree of foreseeability. – the degree to which any of enterprise’s activities actually mitigated the adverse impact or decreased the risk of the impact occurring. The mere existence of a business relationship or activities which create the general conditions in which it is possible for adverse impacts to occur does not necessarily represent a relationship of contribution. The activity in question should substantially increase the risk of adverse impact.
2022/12/07
Committee: JURI
Amendment 687 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c d (new)
(cd) being ‘directly linked to an adverse impact’ means that there is a relationship between the adverse impact and the company’s products, services or operations through another business relationship. Directly linked is not defined by direct contractual relationships. Also, a direct linkage does not imply that the responsibility shifts from the entity causing an adverse impact to the enterprise with which it has a linkage.
2022/12/07
Committee: JURI
Amendment 690 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
(e) ‘direct business relationship’ means a business relationship with a direct contractor, subcontractor or any other legal entities (‘partner’)ual relation for the supply of goods or the provision of services whose supplies are necessary for the production of the enterprise’s product or the provision and use of the relevant service, which is relevant based on the severity and likelihood of adverse impacts and is outside the European Union.
2022/12/07
Committee: JURI
Amendment 697 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e – point i
(i) with whom the company has a commercial agreement or to whom the company provides financing, insurance or reinsurance, ordeleted
2022/12/07
Committee: JURI
Amendment 700 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
(ii) that performs business operations related to the products or services of the company for or on behalf of the company;deleted
2022/12/07
Committee: JURI
Amendment 711 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) ‘establishedindirect business relationship’ means a business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the value chaiich is not a direct supplier and whose supplies are necessary for the production of the enterprise’s product or the provision and use of the relevant service, which is relevant based on the severity and likelihood of adverse impacts and is outside the European Union;
2022/12/07
Committee: JURI
Amendment 718 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
(fa) ‘substantiated knowledge’ means factual and verifiable information about potential or actual adverse human rights or environmental impacts, which can be based on stakeholder information received through the notification procedure or the supervisory authority, when there is knowledge of particular risk factors including sectoral or geographical or when there have been adverse impacts in the past;
2022/12/07
Committee: JURI
Amendment 727 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related to the production and supply of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, c as far as these activities are dit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;rectly necessary for the production of the goods or the provision of the services.
2022/12/07
Committee: JURI
Amendment 734 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
(ga) ‘leverage’ means the ability of a company, depending on size and importance to supplier’s revenue or the functioning of its business operations, to affect change in the wrongful practices of the entity that causes or contributes to the adverse impact in the supply chain;
2022/12/07
Committee: JURI
Amendment 746 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point h a (new)
(ha) For the purposes of point (h), the Commission shall adopt a delegated act in accordance with Article 28 to specify the minimum standards for the independent third-party verification;
2022/12/07
Committee: JURI
Amendment 753 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point j a (new)
(ja) For the purposes of point (j), the Commission shall adopt a delegated act in accordance with Article 14b and 28 to specify the minimum standards for the industry initiative to be recognised by one Member States as feasible;
2022/12/07
Committee: JURI
Amendment 754 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point l
(l) ‘severe adverse impact’ means an adverse environmental impact or an adverse human rights impact that is especially significant by its nature, or affects a large number of persons or a large area of the environment, or which is irreversible, or is particularly difficult to remedy as a result of the measures necessary to restore the situation prevailing prior to the impact;deleted
2022/12/07
Committee: JURI
Amendment 765 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, employees within its supply chain and other relevant individuals, groups, communities or entities whose rights or vested interests are or could be directly affected by the potential and actual adverse environmental and human rights impacts connected to the products, services and operations of that company, its subsidiaries and its business relationships;
2022/12/07
Committee: JURI
Amendment 776 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point o
(o) ‘director’ means: (i) any member of the administrative, management or supervisory bodies of a company; (ii) where they are not members of the administrative, management or supervisory bodies of a company, the chief executive officer and, if such function exists in a company, the deputy chief executive officer; (iii) other persons who perform functions similar to those performed under point (i) or (ii);deleted
2022/12/07
Committee: JURI
Amendment 781 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point p
(p) ‘board of directors’ means the administrative or supervisory body responsible for supervising the executive management of the company, or, if no such body exists, the person or persons performing equivalent functions;deleted
2022/12/07
Committee: JURI
Amendment 785 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point q
(q) ‘appropriate measure’ means a measure that is capable of achieving the objectives of due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and proportionate to the size, reasonably available tources and capacities of the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of actionleverage in that relationship, and the principle of risk-based prioritisation of action. Companies are not required to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. The main obligations in this Directive are obligations of means;
2022/12/07
Committee: JURI
Amendment 791 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point q a (new)
(qa) ‘Severity’ means the scale, scope and irremediably character of the adverse impact, taking into account the gravity of the impact on the rights holder, the number of individuals that could be affected and the possibility of occurrence;
2022/12/07
Committee: JURI
Amendment 794 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point q b (new)
(qb) ‘risk-based’ means proportionate to the likelihood and severity of potential adverse impacts;
2022/12/07
Committee: JURI
Amendment 795 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point q c (new)
(qc) ‘risk factors’ means enterprise- level risk factors, geographic risk factors, and sectoral risk factors. The Commission shall prepare a list of risk factors with accompanying guidance as described in Article 13;
2022/12/07
Committee: JURI
Amendment 796 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point q d (new)
(qd) ‘Group’ means a parent company and all its subsidiary undertakings as defined by Article 2 of the Directive 2013/34/EU of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and83/349/EE;
2022/12/07
Committee: JURI
Amendment 802 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that companies conduct risk-based human rights and environmental due diligence as laid down in Articles 5 to 11 (‘due diligence’) by carrying out the following actions:
2022/12/07
Committee: JURI
Amendment 804 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 1 – point b
(b) identifying and prioritising actual or potential adverse impacts that they caused or contributed to or are directly linked to in accordance with Article 6;
2022/12/07
Committee: JURI
Amendment 808 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 1 – point c
(c) preventing andor mitigating potential adverse impacts that they caused or contributed to, and bringing actual adverse impacts to an end andhat they caused or contributed to an end or minimising their extent in accordance with Articles 7 and 8;
2022/12/07
Committee: JURI
Amendment 812 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 1 – point d
(d) establishing and maintaining a complaintsnotification procedure in accordance with Article 9;
2022/12/07
Committee: JURI
Amendment 835 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that companies integrate due diligence into all their relevant corporate policies and have in place a due diligence policy. The due diligence policy shall contain all of the following:
2022/12/07
Committee: JURI
Amendment 848 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including, where relevant, the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships;
2022/12/07
Committee: JURI
Amendment 860 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 2
2. Member States shall ensure that the companies continuously update their due diligence policy annuallywhen significant changes occur.
2022/12/07
Committee: JURI
Amendment 865 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 2 a (new)
2a. Companies shall carry out a due diligence policy which is proportionate and commensurate to the likelihood and severity of their potential or actual adverse impacts and their specific circumstances and risk factors, particularly their sector and location of activity, the size and length of their supply chain, the size of the company, its capacity, resources and leverage.
2022/12/07
Committee: JURI
Amendment 872 #
2022/12/07
Committee: JURI
Amendment 876 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identifywithin their means to identify whether they cause or contribute to or are directly linked to actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, w in their business relationships. Where related to their valuesupply chains, from their established business relationships, in accordance with paragraph 2, 3 and 4companies shall assess adverse impacts arising from their direct business relationships located outside the EU that they cause or contribute to. In case of substantiated knowledge, companies shall assess adverse impacts arising from their indirect business relationships outside the EU that they are directly linked to, in accordance with paragraph 2, 3 and 4. In cases where an enterprise has structured a direct business relationship in an improper manner or has engaged in a transaction in order to circumvent the due diligence obligations with regard to the direct supplier, an indirect business relationship is deemed to be a direct business relationship.
2022/12/07
Committee: JURI
Amendment 884 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1 a (new)
1a. Companies shall identify whether they cause, contribute to or are directly linked to actual and potential adverse human rights impacts and adverse environmental impacts based on a risk assessment and risk-based monitoring methodology, taking into account the likelihood, severity and urgency of adverse impacts, the nature and context of their operations, including sector and geographic location based on the Commission guidelines set out in Article 13. Companies only need to assess business relationships outside the EU and only where risk factors are likely.
2022/12/07
Committee: JURI
Amendment 888 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1 b (new)
1b. Where a company is not in a position to identify all potential or actual adverse impacts that it caused, contributed to or is directly linked to at the same time, it shall prioritise risk factors based on their severity. Risk assessments under this article shall take into account the perspective of stakeholders where relevant.
2022/12/07
Committee: JURI
Amendment 891 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1 c (new)
1c. If a company concludes that it does not cause, contribute to, or that it is not directly linked to any potential or actual adverse impact, it shall publish a statement to that effect on its website (in accordance with Art. 11) and shall thus be considered in compliance with the Directive. In particular, that company may conclude that it has encountered no adverse impacts on human rights or the environment if its impacts identification determines that its direct suppliers perform due diligence in line with this directive. That statement shall be reviewed in the event that new risks emerge or in the event of that company entering into new business relationships that can pose risks.
2022/12/07
Committee: JURI
Amendment 892 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1 d (new)
1d. Companies are encouraged to take these measures in cooperation with industry initiatives.
2022/12/07
Committee: JURI
Amendment 895 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 2
2. By way of derogation from paragraph 1, companies referred to in Article 2(1), point (b), and Article 2(2), point (b), shall only be required to identify actual and potential severe adverse impacts relevant to the respective sector mentioned in Article 2(1), point (b).deleted
2022/12/07
Committee: JURI
Amendment 902 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 3
3. When companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, identification of actual and potential adverse human rights impacts and adverse environmental impacts shall be carried out only before providing that service..deleted
2022/12/07
Committee: JURI
Amendment 909 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying and prioritising the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaintsnotification procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations engage with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
2022/12/07
Committee: JURI
Amendment 916 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 4 a (new)
4a. In the event that not all the necessary information regarding its supply chain is available, the parent company shall explain the efforts made to obtain the necessary information about its supply chain, the reasons why not all of the necessary information could be obtained, and its plans to obtain the necessary information in the future.
2022/12/07
Committee: JURI
Amendment 925 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate proportionate and commensurate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts that have been, or shouldthey cause or contribute to and that have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article. Companies that are directly linked to potential adverse impacts without causing or contributing to them are required to make use of their leverage to the extent possible to mitigate adverse impacts.
2022/12/07
Committee: JURI
Amendment 933 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. The prevention action plan shall be developed in consultationmeaningful engagement with affected stakeholders where relevant; companies are encouraged to develop their action plans in cooperation with industry initiatives;
2022/12/07
Committee: JURI
Amendment 937 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
(aa) set up a prioritisation strategy on the basis of Principle 17 of the UN Guiding Principles on Business and Human Rights based on risk factors. Companies shall consider the level of severity, likelihood and urgency of the different potential adverse impacts on human rights or the environment, the nature and context of their operations, including geographic, the scope of the risks, their scale and how irremediable they might be, and use the prioritisation policy in dealing with them. When prioritising their response to risks to human rights, companies shall treat the severity of an adverse impact, such as where a delayed response would make the impact irremediable, as the predominant factor.
2022/12/07
Committee: JURI
Amendment 940 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point a b (new)
(ab) Companies shall apply best efforts to develop and use purchase policies that do not encourage potential adverse impacts on human rights the environment.
2022/12/07
Committee: JURI
Amendment 945 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b
(b) seekmay seek, where appropriate, contractual or other assurances, from a business partner with whom it has a direct business relationship located outside the EU 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 ( and by requesting information on their suppliers if possible; Member States shall ensure that the general due diligence duty prevails over contractual cascading).surances; When such contractual assurances are obtained, paragraph 4 shall apply;
2022/12/07
Committee: JURI
Amendment 956 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate supportfinancial and administrative support, especially for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME outside the EU;
2022/12/07
Committee: JURI
Amendment 962 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point e
(e) in compliance with Union law including competition law, collaborate with other entities, sectoral approaches or industry initiatives, including, where relevant, to increase the company’s ability to bring the adverse impact to an end, in particular where no other action is suitable or effective;
2022/12/07
Committee: JURI
Amendment 972 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 3
3. As regards potential adverse impacts that could not be prevented or adequately mitigated by the measures in paragraph 2, the company that is directly linked to the adverse impact may seek to conclude a contract with a partner with whom it has an indirect relationship outside the EU that was identified in accordance with Article 6 due to substantiated knowledge of potential adverse impacts, with a view to achieving compliance with the company’s code of conduct or a prevention action plan. When such a contract is concluded, paragraph 4 shall apply.
2022/12/07
Committee: JURI
Amendment 979 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
TheAssurances, contractual assurances or the contract shall beor non- contractual, may be, where appropriate, 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.
2022/12/07
Committee: JURI
Amendment 984 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2
When contractual assurancesassurances, including contractual, are obtained from, or a contract is entered into, with an SME outside the EU, the terms used shall be fair, reasonable and non-discriminatory. Where measures are carried out to verify compliance are carried out in relation to SMEs, the company shall bearof assurances obtained from SMEs outside the EU, the cost of the independent third- party verification should be provided by public funds.
2022/12/07
Committee: JURI
Amendment 990 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 5
5. As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take the following actions: (a) temporarily suspend commercial relations with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts will succeed in the short-term; (b) terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. Member States shall provide for the availability of an option to terminate the business relationship in contracts governed by their laws.deleted
2022/12/07
Committee: JURI
Amendment 1015 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 6
6. By way of derogation from paragraph 5, point (b), when companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, they shall not be required to terminate the credit, loan or other financial service contract when this can be reasonably expected to cause substantial prejudice to the entity to whom that service is being provided.deleted
2022/12/07
Committee: JURI
Amendment 1019 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to bring actual adverse impacts that have been, or shouldproportionate and commensurate measures within their means to bring actual adverse impacts that they have caused or contributed to and that have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article. Companies that are directly linked to the actual adverse impact without causing or contributing to it are required to make use of their leverage to the extent possible to bring actual adverse impacts to an end.
2022/12/07
Committee: JURI
Amendment 1027 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 2
2. Where the adverse impact cannot be brought to an end, Member States shall ensure that companies take measures within their means to minimise the extent of such an impact.
2022/12/07
Committee: JURI
Amendment 1037 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate and commensurate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact, as well as to its resources and leverage;
2022/12/07
Committee: JURI
Amendment 1045 #

2022/0051(COD)

Proposal for a directive
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 measuonitoring improvement. Where relevant, tThe corrective action plan shall be developed in consultationthrough meaningful engagement with stakeholders;
2022/12/07
Committee: JURI
Amendment 1047 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point b a (new)
(ba) set up a prioritisation strategy on the basis of Principle 17 of the UN Guiding Principles on Business and Human Rights based on risk factors. Companies shall consider the level of severity, likelihood and urgency of the different actual adverse impacts on human rights or the environment, the nature and context of their operations, including geographic, the scope of the risks, their scale and how irremediable they might be, and use the prioritisation policy in dealing with them. When prioritising their response to risks to human rights, companies shall treat the severity of an adverse impact, such as where a delayed response would make the impact irremediable, as the predominant factor.
2022/12/07
Committee: JURI
Amendment 1052 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point c
(c) seekmay seek, where appropriate, contractual or other assurances from a direct partner with whom it has an established direct business relationship outside the EU 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 ( and by requesting information on their suppliers if possible. Member States shall ensure that the general due diligence duty prevails over contractual cascading)surances. When such contractual assurances are obtained, paragraph 5 shall apply.
2022/12/07
Committee: JURI
Amendment 1057 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point d
(d) make necessary, where appropriate, investments, such as into management or production processes and infrastructures to comply with paragraphs 1, 2 and 3;
2022/12/08
Committee: JURI
Amendment 1063 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point e
(e) provide targeted and proportionate supportfinancial and administrative support, especially for an SME with which the company has an established direct business relationship, where compliance with the code of conduct or the corrective action plan would jeopardise the viability of the SME outside the EU;
2022/12/08
Committee: JURI
Amendment 1069 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point f
(f) in compliance with Union law including competition law, collaborate with other entities, sectoral approaches or industry initiatives, including, where relevant, to increase the company’s ability to bring the adverse impact to an end, in particular where no other action is suitable or effective.
2022/12/08
Committee: JURI
Amendment 1076 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 4
4. As regards actual adverse impacts that could not be brought to an end or adequately mitigated by the measures in paragraph 3, the company that is directly linked to the impact may seek to conclude a contract, where appropriate, with a partner with whom it has an indirect relationship outside the EU that was identified in accordance with Article 6 due to substantiated knowledge of actual adverse impacts, 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 apply.
2022/12/08
Committee: JURI
Amendment 1080 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
TheAssurances, contractual assurances or the contract shall beor non- contractual, or the contract may be, where appropriate, 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.
2022/12/08
Committee: JURI
Amendment 1084 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
When contractual assurancesassurances, including contractual, are obtained from, or a contract is entered into, with an SMEother company, the terms used shall be fair, reasonable and non- discriminatory. Where measures to verify compliance are carried out in relation to SMEs, the company shall bear the cost of the independent third- party verification should be provided by public funds.
2022/12/08
Committee: JURI
Amendment 1091 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that the company caused or contributed to and that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5 and despite repeated efforts, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the valuesupply chain of which the impact has arisen and shall, as a measure of last resort, where the law governing their relations so entitles them to, take one of the following actions and where the impact is considered extremely severe or irreversible, take the following actions, in line with responsible disengagement, taking into account the best interest of those impacted:
2022/12/08
Committee: JURI
Amendment 1098 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) if suspension does not lead to a sufficient result, terminate the business relationship with respect to the activities concerned, if the adverse impact is consid. Member States shall provide for the availability of an option to terminate the business relationship in contracts governed severeby their laws.
2022/12/08
Committee: JURI
Amendment 1118 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 7
7. By way of derogation from paragraph 6, point (b), when companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, they shall not be required to terminate the credit, loan or other financial service contract, when this can be reasonably expected to cause substantial prejudice to the entity to whom that service is being provided.deleted
2022/12/08
Committee: JURI
Amendment 1130 #

2022/0051(COD)

Proposal for a directive
Article 9 – title
ComplaintsNotification procedure
2022/12/08
Committee: JURI
Amendment 1134 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints tonotify them where they have legitimate concernsinformation regarding actual or potential adverse human rights impacts and adverseand environmental impacts with respect to their own operations, the operations of their subsidiaries and their valuesupply chains. This can be done in cooperation with industry initiatives.
2022/12/08
Committee: JURI
Amendment 1142 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1 a (new)
1a. Member States shall ensure that notification procedures are legitimate, accessible, predictable, equitable, transparent, rights compatible and a source of continuous learning based on engagement and dialogue.
2022/12/08
Committee: JURI
Amendment 1154 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that the complaintnotifications may be submitted by:
2022/12/08
Committee: JURI
Amendment 1164 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the valuesupply chain concerned,
2022/12/08
Committee: JURI
Amendment 1171 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the valuesupply chain concerned.
2022/12/08
Committee: JURI
Amendment 1177 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 3
3. Member States shall ensure that the companies establish a procedure for dealing with complaintnotifications referred to in paragraph 1, including a procedure when the company considers the complaintinformation to be unfounded, and inform the relevant workers and trade unions of those procedures. Member States shall ensure that where the complaintinformation is well- founded, the adverse impact that is the subject matter of the complaintnotification is deemed to be identified within the meaning of Article 6. This can be done in cooperation with industry initiatives.
2022/12/08
Committee: JURI
Amendment 1183 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainants are entitledIn case the notification proves to be well founded, Member States shall ensure that informants are entitled to request appropriate follow-up on the notification from the company with which they have filed a notification pursuant to paragraph 1.
2022/12/08
Committee: JURI
Amendment 1192 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – point a
(a) to request appropriate follow-up on the complaint from the company with which they have filed a complaint pursuant to paragraph 1, andeleted
2022/12/08
Committee: JURI
Amendment 1195 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – point b
(b) 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.deleted
2022/12/08
Committee: JURI
Amendment 1214 #

2022/0051(COD)

Proposal for a directive
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodiccontinuous assessments of their own operations and measures, those of their subsidiaries and, where related to the valuesupply chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 monthscontinuously and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
2022/12/08
Committee: JURI
Amendment 1223 #

2022/0051(COD)

Proposal for a directive
Article 11 – paragraph 1
Member States shall ensure that companies that are not subject to reporting requirements under Articles 19a and 29a of Directive 2013/34/EU report on the matters covered by this Directive by publishing on their website an annual statement in a language customary in tone of the official languages of the Union. When sphere of international business. The statement shall be published by 30 April each year, covering the previous calendar yearignificant changes occur, the statement shall be updated.
2022/12/08
Committee: JURI
Amendment 1230 #

2022/0051(COD)

Proposal for a directive
Article 11 – paragraph 1 a (new)
The companies referred to in paragraph 1 may rely on the consolidated reporting of the group to which they belong in order to fulfil their reporting requirements under this Article.
2022/12/08
Committee: JURI
Amendment 1238 #

2022/0051(COD)

Proposal for a directive
Article 11 – paragraph 2
The Commission shall adopt delegated acts in accordance with Article 14b and 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.
2022/12/08
Committee: JURI
Amendment 1262 #

2022/0051(COD)

Proposal for a directive
Article 13 – paragraph 1
In order to provide support to companies or 1. to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and relevant stakeholders, including from third countries, the European Union Agency for Fundamental Rights, the European Environment Agency, the External Action Service, the European Innovation Council and Small and Medium-sized Enterprises Executive Agency (EISMEA) and where appropriate with the OECD and other international bodies having expertise in due diligence, may issue guidelines, including for specific sectors or specific adverse impacts. shall issue clear and easily understandable guidelines in the form of targeted guidance where applicable to facilitate compliance in a practical manner: (a) in digital, free of charge and easily accessible format; (b) including on existing digital solutions to be used for the due diligence process and on the development of digital solutions; (c) including on the implementation of the human rights and environmental standards applicable to businesses based on the OECD Guidelines for Multinational Enterprises as clarified in the Due Diligence Guidance as well as the UNGPs; (d) including lists of risk factors and accompanying guidance, including enterprise-level risk factors, geographic risk factors and sectoral risk factors; (e) including an overview on applicable industry initiatives; (f) including practical guidance on how proportionality and prioritisation, in terms of impacts, sectors and geographical areas, may be applied to due diligence obligations depending on the size and sector of the company; (g) including taking into account SMEs needs. 2. The guidelines shall be made available no later than ... [18 months after the date of entry into force of this Directive]. The Commission shall periodically review the relevance of its guidelines and adapt them to new best practices. 3. Country fact-sheets shall be updated regularly by the Commission and made publicly available in order to provide up-to-date information on the international Conventions and Treaties ratified by each of the Union’s trading partners. The Commission shall collect and publish trade and customs data on origins of raw materials, and intermediate and finished products, and publish information on human rights, environmental and governance potential or actual adverse impacts risks associated with certain countries or regions, sectors and sub-sectors, and products.
2022/12/08
Committee: JURI
Amendment 1278 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 1
1. The Commission in cooperation with Member States shall, in order to provide information and support to companies and the partners with whom they have established business relationships in their valuesupply chains in their efforts to fulfil the obligations resulting from this Directive, set up and operate individually or jointly dedicated websites, platforms or portals. Specific consideration shall be given, in that respect, to the SMEs that are present in the valuesupply chains of companies.
2022/12/08
Committee: JURI
Amendment 1282 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 1 a (new)
1a. The Commission in cooperation with Member States shall undertake efforts in order to provide information and support to stakeholders and their representatives to exercise their involvement in due diligence. This shall include setting up and operating individually or jointly dedicated websites, platforms or portals.
2022/12/08
Committee: JURI
Amendment 1288 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 3
3. The Commission mayshall 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.
2022/12/08
Committee: JURI
Amendment 1290 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 3 a (new)
3a. The Commission may rely on its cooperation and trade instruments to support the development of the enabling environment in third countries, through capacity building and expertise that will reinforce their economic sector to comply with due diligence obligations as set out in this Directive.
2022/12/08
Committee: JURI
Amendment 1299 #

2022/0051(COD)

4. Companies may rely on industry schemes and multi-stakeholder initiatives to support the implementation of their obligations referred to in Articles 5 to 11 of this Directive to the extent that such schemes and initiatives are appropriate to support the fulfilment of those obligations. The Commission and the Member States mayshall facilitate the dissemination of information on such schemes or initiatives and their outcome. The Commission, in collaboration with Member States, may and the OECD as well as relevant stakeholders, shall issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiativesinitiatives in line with Article 14c.
2022/12/08
Committee: JURI
Amendment 1307 #

2022/0051(COD)

Proposal for a directive
Article 14 a (new)
Article 14a Single Point of Contact 1. Each Member State shall designate a national single point of contact on corporate sustainability due diligence. Member States may assign this role to an existing authority. Where a Member State designates only one competent authority, that competent authority may also be the single point of contact. 2. Companies may seek additional guidance and obtain further support and information about how best to fulfil their due diligence obligations through this point of contact. 3. The single point of contact may also exercise a liaison function to ensure cross-border cooperation of Member State authorities and with the relevant authorities in other Member States via cooperation with the European Supervisory Network established in Article 21.
2022/12/08
Committee: JURI
Amendment 1308 #

2022/0051(COD)

Proposal for a directive
Article 14 b (new)
Article 14b Single Reporting Tool The Commission shall establish a dedicated digital reporting portal serving as a one-stop-shop for companies to access free of charge all the templates and information relating to all reporting requirements stemming from this and other EU legislative instruments specific to a particular company based on its size, sector, product and service, risk exposure etc., as well as access to information on funding and tendering opportunities in order to implement, fulfil and profit from the due diligence obligations imposed on them. To this end, the Commission shall ensure that the platforms of data providing undertakings and data users are interconnected and that information can be transmitted, exchanged and analysed in a technically seamless manner.
2022/12/08
Committee: JURI
Amendment 1309 #

2022/0051(COD)

Proposal for a directive
Article 14 c (new)
Article 14c Recognition of Industry Initiatives 1. The Member States shall ensure that industry initiatives, which offer systems for compliance with the due diligence obligation, can apply to the respective Member State for the recognition by that Member State of the systems that they have developed for compliance with the due diligence obligation in supply chain. Suitable evidence and information shall be enclosed with the application. 2. Supplementing this Directive, the Commission shall adopt delegated acts in accordance with Article 28 where the methods and criteria are set out according to which the Member States can assess whether systems for compliance with the due diligence obligation in the supply chain facilitate compliance with the requirements of this Directive and its implementation by the Member States for the companies and enable Member States to recognise such systems. 3. Where a Member State determines, on the basis of the evidence and information provided according to paragraph 1 and according to the methods and criteria for recognition laid down in paragraph 2, that a system for compliance with the due diligence obligation in the supply chain enables a company, which effectively applies this system, to implement the requirements of this Directive and its implementation in the Member State, the Member State shall certify granted recognition of equivalence with the requirements of this Directive and its implementation. When taking a decision regarding the recognition of a system for compliance with the due diligence obligation, the Member State shall take into account the various sector- specific processes covered by the system as well as the risk-based approach and the risk-based method which are applied within the system to identify risks. A recognised system shall be mutually recognised in one Member State and Member States should not stipulate further obligations. 4. The Member State shall also verify periodically, as appropriate, that the recognised due diligence systems continue to meet the criteria that formed the basis for a decision on recognition of equivalence which was taken based on paragraph 3. 5. The Commission shall establish and update a register of recognised systems for compliance with the due diligence obligation in the supply chain. The register shall be made publicly available on the internet.
2022/12/08
Committee: JURI
Amendment 1313 #

2022/0051(COD)

Proposal for a directive
Article 15
1. companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. This plan shall, in particular, identify, on the basis of information reasonably available to the company, the extent to which climate change is a risk for, or an impact of, the company’s operations. 2. in case climate change is or should have been identified as a principal risk for, or a principal impact of, the company’s operations, the company includes emission reduction objectives in its plan. 3. companies duly take into account the fulfilment of the obligations referArticle 15 deleted Combating climate change Member States shall ensure that Member States shall ensured to in paragraphs 1 and 2 when setting variable remuneration, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainability.hat, Member States shall ensure that
2022/12/08
Committee: JURI
Amendment 1344 #

2022/0051(COD)

Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1
As regards companies referred to in Article 2(2), the competent supervisory authority shall be that of the Member State in which the company has a branch. If the company does not have a branch in any Member State, or has branches located in different Member States, the competent supervisory authority shall be the supervisory authority of the Member State in which the company generated most of its net turnover in the Union in the financial year preceding the last financial year before the date indicated in Article 30 or the date on which the company first fulfils the criteria laid down in Article 2(2), whichever comes last or subsidiary.
2022/12/08
Committee: JURI
Amendment 1400 #

2022/0051(COD)

Proposal for a directive
Article 19 – paragraph 1
1. Member States shall ensure that natural and legal personsstakeholders as referred to in Article 9 para.2 are entitled to submit substantiated concerns to any supervisory authority when they have reasons to believe, on the basis of objective circumstances, that a company is failing to comply with the national provisions adopted pursuant to this Directive (‘substantiated concerns’)Articles 6 to 11 and Article 15(1) and (2) of this Directive (‘substantiated concerns’), if the notification procedure referred to in Article 9 did not have a satisfactory outcome.
2022/12/08
Committee: JURI
Amendment 1419 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 1
1. Member States shall lay down the rules on administrative sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive. At least the following administrative measures and sanctions shall be provided for: (a) a public statement indicating company responsible and the nature of the infringement; (b) an order requiring the company responsible to cease the conduct constituting the infringement and to desist from any repetition of that conduct; (c) administrative pecuniary sanctions.
2022/12/08
Committee: JURI
Amendment 1430 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 2
2. In deciding whether to impose sanctions and, if so, in determining their nature and appropriate level, due account shall be taken of the legal framework applicable in the country where the adverse impact may occur or has occurred, the gravity and duration of the infringement, the importance of profits gained or losses avoided by the company, in so far as they can be determined the company’s efforts to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, any previous infringements, cumulative effects of the different measures and sanctions already imposed on the company as well as the collaboration with other entities to address adverse impacts in its valuesupply chains, as the case may be.; any other aggravating or mitigating factors applicable to the circumstances of the case;
2022/12/08
Committee: JURI
Amendment 1462 #

2022/0051(COD)

Proposal for a directive
Article 21 – paragraph 2 a (new)
2a. Supervisory authorities shall share relevant information with the single point of contact as a means of ensuring that the single point of contact has the necessary information to perform its tasks.
2022/12/08
Committee: JURI
Amendment 1463 #

2022/0051(COD)

Proposal for a directive
Article 21 – paragraph 2 b (new)
2b. The ENSA shall also support the Commission in developing the Single- Reporting-Instrument.
2022/12/08
Committee: JURI
Amendment 1476 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 1 – point a
(a) they intentionally or gross negligently failed to comply with the obligations laid down in Articles 7 and 8 and;
2022/12/08
Committee: JURI
Amendment 1483 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 1 – point b
(b) as a result of this failure an actual adverse impact that they caused and 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 8 occurred and led to damage.
2022/12/08
Committee: JURI
Amendment 1495 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an indirect partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impact.deleted
2022/12/08
Committee: JURI
Amendment 1509 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2
In the assessment of the existence and extent of liability under this paragraph, due account shall 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 pursuant to Articles 7 and 8, as well as any collaboration with other entities to address adverse impacts in its valuesupply chains.
2022/12/08
Committee: JURI
Amendment 1528 #

2022/0051(COD)

Proposal for a directive
Article 22 – paragraph 4
4. The civil liability rules under this Directive shall be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directive.
2022/12/08
Committee: JURI
Amendment 1535 #

2022/0051(COD)

Proposal for a directive
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 whmitation period for bringing civil liability claims concerning harm arising out of adverse the law applicable to claims to that effect is not the law of a Member Stateimpacts on human rights and the environment is five years.
2022/12/08
Committee: JURI
Amendment 1551 #

2022/0051(COD)

Proposal for a directive
Article 24
Member States shall ensure that companies applying for public support certify that no sanctions have been imposed on them for a failure to comply with the obligations of this Directive.Article 24 deleted Public support
2022/12/08
Committee: JURI
Amendment 1559 #

2022/0051(COD)

Proposal for a directive
Article 25
1. Member States shall ensure that, when fulfilling their duty to act in the best interest of the company, directors of companies referred to in Article 2(1) take into account the consequences of their decisions for sustainability matters, including, where applicable, human rights, climate change and environmental consequences, including in the short, medium and long term. 2. Member States shall ensure that their laws, regulations and administrative provisions providing for a breach of directors’ duties apply also to the provisions of this Article.Article 25 deleted Directors’ duty of care
2022/12/08
Committee: JURI
Amendment 1571 #

2022/0051(COD)

Proposal for a directive
Article 26
Setting up and overseeing due diligence 1. Member States shall ensure that directors of companies referred to in Article 2(1) are responsible for putting in place and overseeing the due diligence actions referred to in Article 4 and in particular the due diligence policy referred to in Article 5, with due consideration for relevant input from stakeholders and civil society organisations. The directors shall report to the board of directors in that respect. 2. Member States shall ensure that directors take steps to adapt the corporate strategy to take into account the actual and potential adverse impacts identified pursuant to Article 6 and any measures taken pursuant to Articles 7 to 9.Article 26 deleted
2022/12/08
Committee: JURI
Amendment 1596 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 78 years after the date of entry into force of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive. The report shall evaluate the effectiveness of this Directive in reaching its objectives and assess the following issues:
2022/12/08
Committee: JURI
Amendment 1598 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point a
(a) whether the thresholds regarding the number of employees and net turnover laid down in Article 2(1) need to be loweredimpact of the Directive was justified and reached the targeted goals, including the associated indirect costs and the economic, social and environmental benefits thereof, including on SMEs;
2022/12/08
Committee: JURI
Amendment 1600 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point a a (new)
(aa) whether the thresholds regarding the number of employees and net turnover laid down in Article 2(1) need to be modified;
2022/12/08
Committee: JURI
Amendment 1607 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point c
(c) whether the Annex needs to be modified, including in light of international developmentsdeleted
2022/12/08
Committee: JURI
Amendment 1620 #

2022/0051(COD)

Proposal for a directive
Article 30 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by … [OJ to insert: 25 years from the entry into force of this Directive] at the latest, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
2022/12/08
Committee: JURI
Amendment 1622 #

2022/0051(COD)

Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – introductory part
They shall apply those provisions as follows:from four years after national transposition as regards companies referred to in Article 2(1), point (a), and Article 2(2), point (a);
2022/12/08
Committee: JURI
Amendment 1626 #

2022/0051(COD)

Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point a
(a) from… [OJ to insert: 2 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (a), and Article 2(2), point (a);deleted
2022/12/08
Committee: JURI
Amendment 1632 #

2022/0051(COD)

Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point b
(b) from … [OJ to insert: 4 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (b), and Article 2(2), point (b).deleted
2022/12/08
Committee: JURI
Amendment 1 #

2021/2166(INI)

Motion for a resolution
Citation 6 a (new)
— having regard to the Commission Communication entitled ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’ (COM/2021/350 final),
2022/03/09
Committee: JURI
Amendment 2 #

2021/2166(INI)

Motion for a resolution
Citation 6 b (new)
— having regard to the European Parliament report entitled ‘A New Industrial Strategy for Europe’ (2020/2076(INI)),
2022/03/09
Committee: JURI
Amendment 8 #

2021/2166(INI)

Motion for a resolution
Citation 11 a (new)
— having regard to its report ‘on a new strategy for European SMEs’(2020/2131(INI))
2022/03/09
Committee: JURI
Amendment 11 #

2021/2166(INI)

Motion for a resolution
Citation 12 a (new)
— having regard to the Plenary debate ‘State of the SMEs Union – Implementation of better regulation agenda / Reduction target for administrative burden’ on 7 June 2021,
2022/03/09
Committee: JURI
Amendment 16 #

2021/2166(INI)

Motion for a resolution
Recital A
A. whereas better law-making is a common goal for all EU Institutions, and should be achieved by increasing transparency, accountability and cooperation between the institutions and Member States, citizens and stakeholders, ensuring full respect of all fundamental European values, including democracy, the rule of law and human rights; whereas European legislation should be fit for purpose, balancedproportionate, clear, transparent and comprehensive in order to effectively benefit citizens and stakeholders;
2022/03/09
Committee: JURI
Amendment 30 #

2021/2166(INI)

C. whereas better law-making must aim to serve the EU’s political ambitions, especially its long-term objectives, such as social progress and the binding objective of Union climate neutrality by 2050, and the long-term priority objective for 2050 that citizens live well, within the limits of our planet; whereas sustainabilit for 2050; whereas sustainability and social market economy should be at the heart of quality law-making, placing social, environmental and economicconomic and environmental considerations on an equal footing;
2022/03/09
Committee: JURI
Amendment 35 #

2021/2166(INI)

Motion for a resolution
Recital D
D. whereas well carried out ex ante and ex post impact assessments and, public consultations and the "evaluate first principle" are essential tools for well- informed, better, efficient, accountable and transparent law-making;
2022/03/09
Committee: JURI
Amendment 40 #

2021/2166(INI)

Motion for a resolution
Recital F a (new)
F a. whereas the Regulatory Scrutiny Board (RSB) Plays an important role in improving European legislation and it assessed that around 1/3 of impact assessments in 20211a have been negative in their first assessment; _________________ 1a https://ec.europa.eu/transparency/docume nts-register/
2022/03/09
Committee: JURI
Amendment 41 #

2021/2166(INI)

Motion for a resolution
Recital G
G. whereas the aim of the regulatory fitness and performance (REFIT) programme isand the Fit for Future Platform (F4F) are to simplify EU laws and reduce unnecessary administrative burdens with a view to improve regulatory compliance, increasing the focus on regulatory offsetting and fitness checks of previous, current and future legislation;
2022/03/09
Committee: JURI
Amendment 49 #

2021/2166(INI)

Motion for a resolution
Recital H a (new)
H a. whereas according to EUR-Lex1b the Commission adopted or amended 1,977 legislative or non-legislative acts in 2021 alone, whereas in the same period only 1,008 legislative or non-legislative acts were repealed or expired; _________________ 1b https://eur- lex.europa.eu/statistics/2021/legislative- acts-statistics.html; https://eur- lex.europa.eu/statistics/legal- acts/2021/legislative-acts-statistics- repealed-and-expired-acts.html
2022/03/09
Committee: JURI
Amendment 59 #

2021/2166(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the Commission’s commitment to making better use of foresight, mainstreaming the Sustainable Development Goals in all its legislative proposals, in line with the UN’s 2030 Sustainable Development Agenda,aim that EU laws should deliver maximum benefits to citizens and businesses, in particular small and medium-sized enterprises and to paymaking greater attention to gender equality and equality for all, and to ensuring that the ‘do no significant harm’ and precautionary principles are applied across all policy areasbetter use of strategic foresight; since it plays a key role in helping to future-proof EU policy making by ensuring that short-term initiatives are based on a longer-term perspective; calls foron the Commission to clearly define the ‘do no significant harm’ principle in order to ensure its consistent application; welcomes the proposal that sustaisystematically apply regulatory sandboxes for policy making to every policy field enability andng digitalisation should be better taken into account in law-making; calls on the Commission to implement a ‘sustainability first’ approach law-making, especially for SMEs, where policy value added must clearly outweigh administrative, adjustment and compliance costs; calls on the Commission to use its strategic foresight capacities especially for burden reduction;
2022/03/09
Committee: JURI
Amendment 62 #

2021/2166(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Highlights that there are 1.28 million1c small and medium-sized enterprises (SMEs) in the EU and therefore the Commission should not just perform the SME test more systematically, but shall foresee a mandatory SME test to be performed for all legislative proposals; _________________ 1c https://www.statista.com/statistics/878412/ number-of-smes-in-europe-by-size/
2022/03/09
Committee: JURI
Amendment 65 #

2021/2166(INI)

Motion for a resolution
Paragraph 1 b (new)
1 b. Points out the Commission has so far announced 406 proposals on its six priorities, of which 212 of these proposals have already appeared, among them are 90 proposals for the Green Deal alone, 76 for an economy that works for people and 73 for the digital age, and 184 are still pending1d and therefore urges the Commission to avoid overburdening citizens and businesses of all sizes with ever new initiatives and legislative proposals and focus on reducing bureaucratic hurdles, in particular for SMEs; _________________ 1d http://www.eprs.sso.ep.parl.union.eu/filer ep/upload/EPRS-IDA-696205-Six-policy- priorities-Commission-autumn-2021-rev- FINAL.pdf
2022/03/09
Committee: JURI
Amendment 73 #

2021/2166(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the Commission’s commitment to more actively publicising consultations in order to reach more citizens, stakeholders, in particular SMEs, and local and regional authorities;
2022/03/09
Committee: JURI
Amendment 92 #

2021/2166(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission to perform impact assessments to be performed on all acton all legislative proposals, without exception; regrets that this was not the case for several politically sensitive proposals in the past; recalls that on several occasions Parliament has carried out its own impact assessments in replacement of the Commission’s; nevertheless, recalls that impact assessments help to inform but do not replace political decision-making;
2022/03/09
Committee: JURI
Amendment 95 #

2021/2166(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Underlines that if an impact assessment has not been performed than the Commission should publish the staff working document at the same time as the legislative proposal;
2022/03/09
Committee: JURI
Amendment 97 #

2021/2166(INI)

Motion for a resolution
Paragraph 6
6. Recalls that Parliament has set up a dedicated directorate, the Directorate for Impact Assessment and European Added Value, to be able to carry out ex ante and ex post impact assessments with a view to supporting evidence-based policy-making and asks to foresee enough funding and human resources for this Directorate in order to enable it to perform high quality impact assessments;
2022/03/09
Committee: JURI
Amendment 104 #

2021/2166(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Calls on the Commission to enable the Fit for Future Platform and Member States to provide feedback on the Commission’s cost and benefits estimates after implementation;
2022/03/09
Committee: JURI
Amendment 105 #

2021/2166(INI)

Motion for a resolution
Paragraph 7 b (new)
7 b. Highlights the necessity for regulatory offsetting using fitness checks, consolidating parallel and overlapping regulations and calls on the Commission to thoroughly examine how new legislative elements overlap with existing legislation and to avoid unproportionally increasing administrative, adjustment and compliance costs for citizen and companies, especially SMEs and urges the Commission to take a closer look at legislative network effects and consolidate its legislative activates, accordingly;
2022/03/09
Committee: JURI
Amendment 107 #

2021/2166(INI)

Motion for a resolution
Paragraph 8
8. Welcomes the Commission’s renewed commitment to transparency of the evaluation process and calls for the publication of multi-annual evaluation plans; further emphasises the need to increase the availability of public, complete and accessible evidence supporting impact assessments and evaluations, and welcomes, in this regard, the Commission’s intention to improve its evidence registers and the links between them as well as to make its internal databases and repositories easily publicly accessible;
2022/03/09
Committee: JURI
Amendment 116 #

2021/2166(INI)

Motion for a resolution
Paragraph 9
9. Takes note ofWelcomes the use of instruments such as the regulatory fitness and performance programme (REFIT) and the ‘Fit for Future’ Platform to identify opportunities for simplification and reducing unnecessary costs before the Commission proposes a revision, while ensuring the highest standards of protection and enhancing compliance with EU law; recalls that the ‘Fit for Future’ platform’s role is also to assess whether specific Union legislation and its objectives remain future-proof and adapted to new challenges while increasing the focus on regulatory offsetting;
2022/03/09
Committee: JURI
Amendment 124 #

2021/2166(INI)

Motion for a resolution
Paragraph 10
10. Underlines that ‘strategic foresight’ could plays a key role in helping to future- proof EU policy-making by ensuring that assessments of new initiatives are grounded in a longer-term perspective, emphasising the added value of quality legislation as an investment in the future; welcomes the integration of ‘foresight elements’ into the Commission’s better regulation agenda in impact assessments and evaluations; considers, however, that the Commission’s methodology for quantifying costs, deciding on trade-offs and implementing strategic foresight remains unclear, and that practice will allow assessment ofthe Commission needs to provide prove how these approaches have been followed in practice; encourages the Commission to look into innovative cost assessment tools;
2022/03/09
Committee: JURI
Amendment 127 #

2021/2166(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Outlines that the Commission should better align and combine its better regulation and strategic foresight activates in order to better integrate both processes;
2022/03/09
Committee: JURI
Amendment 128 #

2021/2166(INI)

Motion for a resolution
Paragraph 10 b (new)
10 b. Urges the Commission to establish a SME Envoy to minimise bureaucratic burdens across Member States, being appointed with horizontal competencies within the presidency’s Cabinet, in order to do justice to the importance of SMEs in the EU;
2022/03/09
Committee: JURI
Amendment 129 #

2021/2166(INI)

Motion for a resolution
Paragraph 10 c (new)
10 c. Points out that the quality of the replies to parliaments questions for oral answer, such as for example O- 000003/2020 and O-000028/2021 concerning the implementation of the better Regulation, are very poor, calls therefore for an immediate and structural significant improvement of the Commissions answer to parliamentary questions;
2022/03/09
Committee: JURI
Amendment 133 #

2021/2166(INI)

11. Takes note ofWelcomes and strongly supports the involvement of the Regulatory Scrutiny Board (RSB) in impact assessments, fitness checks, and major evaluations of current legislation; notes, however, that the transparency of the Regulatory Scrutiny Board on meetings with stakeholders, reviews, recommendations and opinions should be significantly improved; underlines that the work of the Board should not ultimately affect the Commission’s capacity to propose legislation or unduly delay the adoption of legislative proposals; considers that all the Board’s opinions should always be made public immediately after adoption without any exception, as its involvement significantly improve the evidence-based work of the Commission; recognises that the independence of the RSB has to be strengthened and calls on the Commission to extend its collaboration with the RSB, strengthening it by providing more means and competences to its work; calls on the Commission to publish all RSB´s opinions immediately after adoption without any exception and to delver them as well to the Parliament and the Council;
2022/03/09
Committee: JURI
Amendment 139 #

2021/2166(INI)

Motion for a resolution
Paragraph 12
12. Takes note ofWelcomes the ‘one in, one out’ approach by which the Commission aims to offset newly introduced burdens by relieving citizens and businesses of equivalent burdens at EU level in the same policy area; regrets the unilateral introduction of this approach by the Commission, without a prior impact assessment or consultation; underlines that the implementation of this approach should not affect political imperatives or the objectives of better regulation, and emphasises that it should not lead to mechanical or mathematical decisions to repeal legislation, lower its standard or result in a chilling effect on legislation; recalls that the need for new legislation should not automatically imply that current legislation is no longer needed; calls and asks the Commission to make more efficient use of it and focusing more on regulatory offsetting; calls for new legislation to go hand in hand with replacing, merging and improving and for this approach to be based on a transparent and evidence-based methodology giving balancedproportionate consideration to all sustainability aspects, both in terms of benefits and costs, including the costs of non-compliance and inaction; calls on the Commission, in this regard, to make its ‘one in, one out’ calculator public before applying this approach and to develop the current "one in, one out" approach into a binding "one in, x out" approach applicable to all legislations, in order to allow for future- proof, coherent and less burdensome legislation;
2022/03/09
Committee: JURI
Amendment 142 #

2021/2166(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Calls on the Commission to introduce a digital single reporting instrument, consolidation reporting requirements arising from the revision of the non-financial reporting directive (NFRD), the taxonomy, but also the reporting requirements from the Fit for 55 package in a single tool, which is designed with specific requirements and ready-made Key Performance Indicators (KPls) and standards, accessible in a modular and digital way for companies and other organisations
2022/03/09
Committee: JURI
Amendment 146 #

2021/2166(INI)

Motion for a resolution
Paragraph 12 b (new)
12 b. Highlights that the Better Regulation Guidelines and Toolbox need to be improved with regards to the effects of costs added by co-legislators in the course of negotiations and Member States “gold-plating” legislation when transposing it into the national laws since "gold-plating" practices are one of the main sources of administrative burden;
2022/03/09
Committee: JURI
Amendment 147 #

2021/2166(INI)

Motion for a resolution
Paragraph 12 c (new)
12 c. Recalls on Member States and the Commission to acknowledge the immediate need for better regulation and simplification and to adopt a roadmap with concrete and binding targets and indicators as an important prerequisite for our economy’s ability to recover and innovate; notes that several Member States have set quantitative targets of up to 30% for the reduction of administrative burden; therefore, calls on the Commission to set ambitious and binding quantitative and qualitative targets, such as reducing administrative burdens at least by 55% to the level of regulatory burden in 2021 by 2030; underlines the need for the consistent application of the ‘think small first’ principle and the strengthening of the principle of being ‘big on big things, small on small things’ in order to ensure proper focus on SMEs in EU and national legislation and as the basis for a new interinstitutional commitment to reducing administrative burdens;
2022/03/09
Committee: JURI
Amendment 359 #

2021/0420(COD)

Proposal for a regulation
Recital 42
(42) ERTMS should be deployed in a continuous and synchronised manner not only on the core network, extended core network and comprehensive network, including in the urban nodes, but also on access routes to multimodal terminals. Synchronised means a coordinated approach in time and place between infrastructure roll out and the roll out of on-board units of trains. This will enable cross-border operations with ERTMS only and boost operational harmonisation and the business case of railway undertakings.
2022/11/16
Committee: TRAN
Amendment 549 #

2021/0420(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point f
(f) 'urban node' means an functional urban area where elements of the transport infrastructure of the trans-European transport network, such as ports including passenger terminals, airports, railway stations, bus terminals, logistic platforms and facilities and freight terminals, located in and around the urban area, are connected with other elements of that infrastructure and with the infrastructure for regional and local traffic;
2022/11/16
Committee: TRAN
Amendment 596 #

2021/0420(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point x
(x) 'radio-based ERTMS’ means ERTMS of level 2 or level 3 that uses radio to pass movement authorities to thethe radio based train control system ETCS application level 2 or level 3 that can be used with/without a class B system and with or without lineside signals and uses radio (GSM-R/GPRS/FRMCS) to pass all safety and non-safety related data exchanges between track and train pursuant to Commission Regulation (EU) 2016/91939 ; __________________ 39 Commission Regulation (EU) 2016/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union (OJ L 158, 15.62016, p.1).
2022/11/16
Committee: TRAN
Amendment 937 #

2021/0420(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) ERTMS is equipped whilst a synchronised and harmonised ERTMS deployment of tracksides and onboards is ensured;
2022/11/17
Committee: TRAN
Amendment 1325 #

2021/0420(COD)

Proposal for a regulation
Article 39 – paragraph 2
2. The potential urban nodes of the trans- European transport network are listed in Annex II. Member States shall consult these cities and submit a final list to the European Commission no later than [12 months after entry into force of this Regulation].
2022/11/21
Committee: TRAN
Amendment 1343 #

2021/0420(COD)

Proposal for a regulation
Article 40 – paragraph 1 – point c – point ii
(ii) for passenger transport: ability for passengers to access information, book, pay their journeys and retrieve their tickets through multimodal digital mobility services;deleted
2022/11/21
Committee: TRAN
Amendment 1649 #

2021/0420(COD)

Proposal for a regulation
Annex 1 – part 12/23
Add the following to the comprehensive network: - Colmar-Freiburg rail passenger line (conventional/new construction)
2023/01/25
Committee: TRAN
Amendment 1650 #

2021/0420(COD)

Proposal for a regulation
Annex 1 – part 12/23
Add the following to the comprehensive network: - Rastatt-Hagenau rail passenger line (conventional/new construction)
2023/01/25
Committee: TRAN
Amendment 1661 #

2021/0420(COD)

Proposal for a regulation
Annex 1 – part 12/23
Add the following to the extended core network: - Wittenberge - Magdeburg rail passengers line (conventional)
2023/01/25
Committee: TRAN
Amendment 1662 #

2021/0420(COD)

Proposal for a regulation
Annex 1 – part 12/23
Add the following to the extended core network: - Kassel - Sangerhausen - Halle (Saale) rail passengers line (conventional/ new construction
2023/01/25
Committee: TRAN
Amendment 1663 #

2021/0420(COD)

Proposal for a regulation
Annex 1 – part 13/23
Add the following to the extended core network: - Kassel - Sangerhausen - Halle (Saale) rail passengers line (conventional/ new construction
2023/01/25
Committee: TRAN
Amendment 1671 #

2021/0420(COD)

Proposal for a regulation
Annex 1 – part 13/23
Add the following to the core network: - Magdeburg – Halle (Saale) - Leipzig rail passengers line (conventional/new construction)
2023/01/25
Committee: TRAN
Amendment 1672 #

2021/0420(COD)

Add the following to the extended core network: - Wittenberge - Magdeburg rail passengers line (conventional)
2023/01/25
Committee: TRAN
Amendment 1674 #

2021/0420(COD)

Proposal for a regulation
Annex 1 – part 13/23
Add the following to the comprehensive network: - Colmar-Freiburg rail passenger line (conventional/new construction)
2023/01/25
Committee: TRAN
Amendment 1676 #

2021/0420(COD)

Proposal for a regulation
Annex 1 – part 13/23
Add the following to the comprehensive network: - Rastatt-Hagenau rail passenger line (conventional/new construction)
2023/01/25
Committee: TRAN
Amendment 4 #

2021/0399(COD)

Proposal for a directive
Recital 1
(1) Directive (EU) 2016/680 of the European Parliament and of the Council9 provides for harmonised rules for the protection and the free movement of personal data processed for the purposes of the prevention, investigation, detection or prosecution of criminal offences or execution of criminal penalties, including the safeguarding against, and the prevention of threats to public security. That Directive requires Member States to process personal data in a manner that ensures appropriate security of the personal data. The Directive requires the Commission to review relevant other acts of Union law in order to assess the need to align them with that Directive and to make, where necessary, the proposals to amend those acts to ensure a consistent approach to the protection of personal data falling within the scope of that Directive. _________________ 9 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
2022/09/15
Committee: LIBE
Amendment 6 #

2021/0399(COD)

Proposal for a directive
Recital 3 a (new)
(3 a) Regulation (EU) 2018/1725 of the European Parliament and of the Council10a provides for safeguards for transfer of personal data between Member States and Europol, and notably that any processing and transfer of personal data between Member States and Europol is to take place through secured channels in order to ensure the uniform and consistent protection of natural persons with regard to the processing of their personal data. _________________ 10a Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
2022/09/15
Committee: LIBE
Amendment 46 #

2021/0393(COD)

Proposal for a regulation
Recital 7
(7) To combat terrorism effectively, efficient exchange of information for investigation or prosecution of terrorist offences between competent authorities and Union agencies is crucial. It is essential to have the most complete and updated information possible and to systematically share that information using a common structure. The persistence of the terrorist threat and the complexity of the phenomenon raise the need for an ever greater exchange of information.
2022/09/19
Committee: LIBE
Amendment 49 #

2021/0393(COD)

Proposal for a regulation
Recital 8
(8) As terrorist organisations are increasingly involved in other forms of serious and organised crimes, such as trafficking in human beings, drug trafficking or money laundering, it is also necessary to cross- check judicial proceedings against such serious crimes.
2022/09/19
Committee: LIBE
Amendment 62 #

2021/0393(COD)

Proposal for a regulation
Recital 12
(12) FThe exchange of reliable identification data is crucial for the identification of cross-links between terrorism investigations and judicial proceedings against suspects of terrorist offences, reliable identification data is crucial. D. The use of biometric data is therefore vital due to the uncertainties regarding alphanumerical data especially for third country nationals, it should be possible to exchange biometric data. Due to the sensitive nature of biometric data and the impact processing of biometric data has onthe use of fake and double identities by suspects as well as the fact that such data often are the only link to the suspects in the investigative phase. Member states should the respect fore private and family life and the protection of personal data, as enshrined in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, a strict necessity test should be appliedovide such information in cases where the national judicial authorities have access to it. Due to the sensitive nature of biometric data, a strict purpose limitation should be put in place with regard to such data by the competent authorities and Eurojust in each case.
2022/09/19
Committee: LIBE
Amendment 67 #

2021/0393(COD)

Proposal for a regulation
Recital 13
(13) As information about existing cross-links to other judicial proceedings is most useful at an early stage of the investigation, it is necessary that the competent authorities provide information to Eurojust as soon as judicial authorities are involvedthe case is referred to a judicial authority, in accordance with national law. If the competent national authorities are already aware of cross-links, they should inform Eurojust accordingly.
2022/09/19
Committee: LIBE
Amendment 73 #

2021/0393(COD)

Proposal for a regulation
Recital 15
(15) Given the sensitive nature of judicial proceedings against suspects of terrorist offences, it is not always possible for the competent national authorities to share the information on terrorist offences at the earliest stage. Such derogations from the obligation to provide information should remain an exceptiononly be applied in strictly exceptional situations.
2022/09/19
Committee: LIBE
Amendment 76 #

2021/0393(COD)

Proposal for a regulation
Recital 16 a (new)
(16 a) In order to serve its purposes under Regulation (EU) 2018/1727 and other applicable Union law, the case management system should be linked to other relevant Union IT systems, such as the Schengen Information System (SIS), ECRIS-TCN and the JIT Collaboration Platform, in accordance with Union law. Access to the information in such systems should be provided based on the rules set out in provisions on the respective IT systems.
2022/09/19
Committee: LIBE
Amendment 90 #

2021/0393(COD)

Proposal for a regulation
Recital 22
(22) Investigations and prosecutions in terrorism cases are often impeded by the lack of information exchange between national investigation and prosecution authorities. In order to be ablet is therefore necessary to extend the time limits for storing data in the European Judicial Counter-Terrorism Register. In addition, the possibility to cross -check new terrorist investigations also with previous investigations ancould establish potential links, it is necessary to store the data on any previous investigations, not only on convictions and to extend the time limits for storing data in the European Judicial Counter-Terrorism Register and entail the need for cooperation. Such cross- checking might reveal that a person suspected or prosecuted in an ongoing case in a Member State was suspected or prosecuted in a concluded case in another Member State. It might also establish links between ongoing investigations or prosecutions which could have been hidden otherwise. This is the case even where previous investigations ended in an acquittal or in a final decision not to prosecute. It is therefore necessary to store the data on any previous investigations, not only on convictions. However, it is necessary to ensure that such data is processed for prosecution purposes only. The information may not be used for anything else but identifying links with ongoing investigations and prosecutions and for the support of those investigations and prosecutions.
2022/09/19
Committee: LIBE
Amendment 102 #

2021/0393(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1727
Article 21a – paragraph 1
1. The competent national authorities shall inform their national members of any ongoing or concluded criminal investigations supervised by judicial authorities, prosecutions, court proceedings and court decisions on terrorist offences as soon as judicial authorities are involvedthe case is referred to the judicial authorities, in accordance with national law. That obligation shall apply to all criminal investigations related to terrorist offences regardless of whether there is a known link to another Member State or a third country, unless the criminal investigation, due to its specific circumstances, clearly affects only one Member State.
2022/09/19
Committee: LIBE
Amendment 104 #

2021/0393(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1727
Article 21a – paragraph 1 a (new)
1 a. Paragraph 1 shall not apply where: a) the sharing of information would jeopardise a current investigation or the safety of an individual;or b) the sharing of information would be contrary to essential security interests of the Member State concerned.
2022/09/19
Committee: LIBE
Amendment 105 #

2021/0393(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1727
Article 21a – paragraph 2
2. Terrorist offences for the purpose of this Article are offences referred to in Directive (EU) 2017/541 of the European Parliament and of the Council*. The obligation referred to in paragraph 1 shall apply to all terrorist offences regardless whether there is a known link to another Member State or third country, unless the case, due to its specific circumstances, clearly affects only one Member State.
2022/09/19
Committee: LIBE
Amendment 108 #

2021/0393(COD)

3. The information transmitted in accordance with paragraph 1 shall include the operational personal data and non- personal data listed in Annex III the competent national authorities have access to. In case of personal data referred to in Annex III, point d, however, that data shall only be transmitted if the transmission is necessary to reliably identify a person referred to in Article 27(5).
2022/09/19
Committee: LIBE
Amendment 111 #

2021/0393(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/1727
Article 21a – paragraph 5
5. Paragraph 1 shall not apply where the sharing of information would jeopardise current investigations or the safety of an individual, or when it would be contrary to essential interests of the security of the Member State concerned. ____________ * Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).;deleted
2022/09/19
Committee: LIBE
Amendment 113 #

2021/0393(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2018/1727
Article 22a – paragraph 1
1. The communication between the competent national authorities and Eurojust under this Regulation shall be carried out through the decentralised IT system as defined in Regulation (EU) [.../…] of the European Parliament and of the Council* [Regulation on the digitalisation of judicial cooperation]. The case management system referred to in Article 23 of this Regulation shall be connected to the decentralised IT system.
2022/09/19
Committee: LIBE
Amendment 118 #

2021/0393(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2018/1727
Article 22a – paragraph 3
3. The competent national authorities shall transmit the information in accordance with Articles 21 and 21a to Eurojust in a semi-automated manner from national registers and in a structured way determined by Eurojustthe Commission, in consultation with Eurojust, by means of an implementing act, pursuant to Articles 22b and 22c.
2022/09/19
Committee: LIBE
Amendment 119 #

2021/0393(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2018/1727
Article 22a – paragraph 3 a (new)
3 a. For the purposes of carrying out its tasks under this Regulation and other applicable Union law, the case management system referred to in Article 23 shall be linked to other relevant EU IT systems, such as the Schengen Information System (SIS), ECRIS-TCN and the JIT Collaboration Platform, in accordance with Union law. Access to the information in those systems shall be provided on the basis of the rules set out in the provisions applicable to the respective IT systems.
2022/09/19
Committee: LIBE
Amendment 124 #

2021/0393(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2018/1727
Article 23 – paragraph 5 – subparagraph 2
The national members may, however, temporarily store and analyse personal data for the purpose of determining whether such data are relevant to Eurojust’s tasks and can be included in the operational datacase management system. That data may be held for up to three months.
2022/09/19
Committee: LIBE
Amendment 130 #

2021/0393(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2018/1727
Article 24 – paragraph 3
3. The national member shall also indicate, in general or specific terms, any restrictions on the further handling, access and transfer of the information if a cross- link referred to in Article 23(2), point (c), has been identified.
2022/09/19
Committee: LIBE
Amendment 139 #

2021/0393(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2018/1727
Article 27 – paragraph 5 – subparagraph 2
Furthermore, Eurojust may continue to process the operational personal data referrlated to ian point (a) of the first subparagraph also after the proceedings have been concluded under the national lawacquitted person in order to identify cross-links between proceedings concluded by an acquittal, ofn the Member State concerned, even in case of an acquittal. Where the proceedings did not result in a conviction, processing of personal data may only take place in order to identify links with othone hand, and other ongoing or future investigations or prosecutions, on the other hand. That also applies to operational per songoing or concluded investigations and prosecutions as referred to in Article 23(2), point (c).;al data related to a person who has been the subject of a final decision of non-prosecution.
2022/09/19
Committee: LIBE
Amendment 143 #

2021/0393(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a
Regulation (EU) 2018/1727
Article 29 – paragraph 1a – point b
(b) 56 years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecution became final, 34 years in case of an acquittal. or a final decision of non- prosecution;
2022/09/19
Committee: LIBE
Amendment 118 #

2021/0381(COD)

Proposal for a regulation
Recital 19
(19) Political views expressedor other editorial content expressed under the editorial responsibility of a service provider in the programmes of audiovisual media, including linear and non-linear broadcasts or published in printed media without direct payment or equivalor online magazines, newspapers or other media, unless the service provider has beent remunerationed by a third party for the political advertisement, should not be covered by this Regulation.
2022/07/20
Committee: LIBE
Amendment 194 #

2021/0381(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
2. ‘political advertising’ means the preparation, placement, promotion, publication or dissemination, by any means, against direct payment or equivalent remuneration of a message:
2022/07/20
Committee: LIBE
Amendment 200 #

2021/0381(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b a (new)
(b a) It shall not include political views or other editorial content expressed under the editorial responsibility of a service provider in the programmes of audiovisual media, including linear or non-linear broadcasts, or published in printed or online media, unless the service provider has been remunerated by a third party for the political advertisement.
2022/07/20
Committee: LIBE
Amendment 239 #

2021/0250(COD)

Proposal for a directive
Recital 12
(12) The Member States remain the best placed to identify, assess, understand and decide how to mitigate risks of money laundering and terrorist financing, as well as how to fight money laundering and terrorism financing, affecting them directly. Therefore, each Member State should take the appropriate steps in an effort to properly identity, assess and understand its money laundering and terrorist financing risks, as well as risks of non-implementation and evasion of targeted financial sanctions and to define a coherent national strategy to put in place actions to mitigate those risks. Such national risk assessment should be updated regularly and should include a description of the institutional structure and broad procedures of the Member State's AML/CFT regime, as well as the allocated human and financial resources to the extent that this information is available.
2022/06/27
Committee: ECONLIBE
Amendment 255 #

2021/0250(COD)

Proposal for a directive
Recital 22
(22) The accuracy of data included in the beneficial ownership registers is fundamental for all of the relevant authorities and other persons allowed access to that data, and to make valid, lawful decisions based on that data. Therefore, Member States should ensure that, at the time of submission of the beneficial ownership information and on a regular basis thereafter, that that information is adequate, accurate and up to date. Member States should ensure that entities in charge of central registers have at their disposal state-of-the-art technology to carry out automated verifications in a manner that safeguards fundamental rights and avoids discriminatory outcomes. In addition, where sufficient reasons arise, after careful analysis by the registrars, to doubt the accuracy of the beneficial ownership information held by the registers, legal entities and legal arrangements should be required to provide additional information on a risk-sensitive basis. In addition, it is important that Member States entrust the entity in charge of managing the registers with sufficient powers to verify beneficial ownership and the veracity of information provided to it, and to report any suspicion to their FIU. Such powers should extend to the conduct of inspections at the premises of the legal entities and, where applicable, to obliged entities, in accordance with national law, with particular regard being had to provisions governing protection of confidentiality. Similarly, such powers should extend to representatives of foreign legal persons and foreign legal arrangements in the Union, where there are such representatives.
2022/06/27
Committee: ECONLIBE
Amendment 264 #

2021/0250(COD)

Proposal for a directive
Recital 22 a (new)
(22a) Where a verification carried out at the time of submission of the beneficial ownership information leads to the conclusion that this information contains inconsistencies or errors or otherwise fails to meet the necessary requirements, Member States shall ensure that the body responsible for the registry is able to refuse the certificate of registration. However, inconsistencies or errors shall not affect the effectiveness of certain legal acts or transactions.
2022/06/27
Committee: ECONLIBE
Amendment 296 #

2021/0250(COD)

Proposal for a directive
Recital 44
(44) Real estate is an attractive commodity for criminals to launder the proceeds of their illicit activities, as it allows obscuring the true source of the funds and the identity of the beneficial owner. Proper and timely identification of natural or legal person owning real estate by FIUs and other competent authorities is important both for detecting money laundering schemes as well as for freezing and confiscation of assets. It is therefore important that Member States provide FIUs and competent authorities with access to information which allows the identification in a timely manner of natural or legal person owning real estate and information relevant for the identification of the risk and suspicion of the transaction. Member States shall decide whether to provide the information through a centralised or decentralised access point and whether to link the information via a system to be operated by the Commission.
2022/06/27
Committee: ECONLIBE
Amendment 302 #

2021/0250(COD)

Proposal for a directive
Recital 45
(45) All Member States have, or should, set up operationally independent and autonomous FIUs to collect and analyse the information which they receive with the aim of establishing links between suspicious transactions and underlying criminal activity in order to prevent and combat money laundering and terrorist financing. The FIU should be the single central national unit responsible for the receipt and analysis of suspicious transaction reports, reports on cross-border physical movements of cash and on payments in cash above a certain threshold as well as other information relevant to money laundering, its predicate offences or terrorist financing submitted by obliged entities., in compliance with existing legal provisions, such as Directive (EU) 2019/1153 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA, Operational independence and autonomy of the FIU should be ensured by granting the FIU the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions as regards analysis, requests and dissemination of specific information. In all cases, the FIU should have the independent right to forward or disseminate information to competent authorities. The FIU should be provided with adequate financial, human and technical resources, in a manner that secures its autonomy and independence and enables it to exercise its mandate effectively. The FIU should be able to obtain and deploy the resources needed to carry out its functions, on an individual or routine basis, free from any undue political, government or industry influence or interference, which might compromise its operational independence.
2022/06/27
Committee: ECONLIBE
Amendment 321 #

2021/0250(COD)

Proposal for a directive
Recital 60
(60) Supervisors should adopt a risk- based approach to their work, which should enable them to focus their resources where the risks are the highest, whilst ensuring that no sector or entity is left exposed to criminal attempts to launder money or finance terrorism. AMLA should play a leading role in fostering a common understanding of risks, and should therefore be entrusted with developing the benchmarks and a methodology for assessing and classifying the inherent and residual risk profile of obliged entities, as well as the frequency at which such risk profile should be reviewed. In that regard, supervisors and self-regulatory bodies should adopt an annual activity report and make a summary thereof available to AMLA.
2022/06/27
Committee: ECONLIBE
Amendment 329 #

2021/0250(COD)

Proposal for a directive
Recital 73
(73) Publication of an administrative sanction or measure for breach of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation] can have a strong dissuasive effect against repetition of such breach. It also informs other entities of the money laundering and financing of terrorism risks associated with the sanctioned obliged entity before entering into a business relationship and assists supervisors in other Member States in relation to the risks associated with an obliged entity when it operates in their Member State on a cross- border basis. For those reasons, the requirement to publish decisions on sanctions against which there is no appeal can be lodged should be confirmed. However, any such publication should be proportionate and, in the taking of a decision whether to publish an administrative sanction or measure, supervisors should take into account the gravity of the breach and the dissuasive effect that the publication is likely to achieve.
2022/06/27
Committee: ECONLIBE
Amendment 332 #

2021/0250(COD)

Proposal for a directive
Recital 76
(76) In order to facilitate and promote effective cooperation, and in particular the exchange of information, Member States should be required to communicate to the Commission and AMLA the list of their competent authorities and relevant contact details. This list should take into account existing expertise and available networks, such as the expertise gained by Member States' competent authorities and third countries through Europol, in their fight against money laundering/terrorist financing.
2022/06/27
Committee: ECONLIBE
Amendment 339 #

2021/0250(COD)

Proposal for a directive
Recital 91
(91) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission in order to lay down a methodology for the collection of statistics, establish the format for the submission of beneficial ownership information, define the technical conditions for the interconnection of beneficial ownership registers and of bank account registers and data retrieval mechanisms as well as to adopt implementing technical standards specifying the format to be used for the exchange of the information among FIUs of the Member Stat, define the technical conditions for the connection of the Member States’ mechanisms to the single access point on land and real estate, to specify the criteria and format to be used by FIUs for sharing information on suspended or prohibited transactions and on suspended accounts, to adopt implementing technical standards specifying the format to be used for the exchange of the information among FIUs of the Member States as well as to adopt implementing technical standards specifying a common template for the cooperation agreements between financial supervisors and their counterparts in third countries. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council39. _________________ 39 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2022/06/27
Committee: ECONLIBE
Amendment 364 #

2021/0250(COD)

Proposal for a directive
Article 4 – paragraph 2 a (new)
(2a) Member States shall ensure that the procedures for licensing currency exchange and cheque cashing offices and trusts or company service providers and the requirements under national law for entering regulated professions that are obliged entities as referred to in Article 3 point 3 of [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] require applicants to demonstrate a good understanding of the risks of money laundering and terrorism financing in their sector of activity. Member States shall ensure that applicants have access to anti-money laundering and counter- terrorist financing training provided in accordance with uniform and high standards either by supervisory authorities, certified service providers or obliged entities that have the proven knowledge and expertise necessary to carry out their tasks.
2022/06/27
Committee: ECONLIBE
Amendment 378 #

2021/0250(COD)

Proposal for a directive
Article 6 – paragraph 4 a (new)
(4a) Member States shall ensure that supervisors have the power to request the suspension of any person from the management role of an obliged entity as referred to in paragraphs 1 and 2 or, in the case where no management role exists in obliged entities, the suspension of their licence to exercise the activity, where is established that money laundering or terrorist financing has been repeatedly committed in connection with that obliged person and that, in so doing, the obligations under the Regulation [please insert reference – proposal for Anti- Money Laundering Regulation] have been repeatedly and seriously infringed.
2022/06/27
Committee: ECONLIBE
Amendment 383 #

2021/0250(COD)

Proposal for a directive
Article 6 – paragraph 6 a (new)
(6a) By [2 years after the date of transposition of this Directive], AMLA shall issue guidelines on the elements to be taken into account by supervisors when assessing whether: (a) the senior managers and the beneficial owners of obliged entities referred to in paragraph 1 and 2 act with honesty and integrity; (b) the senior management of obliged entities referred to in paragraph 1 and 2 are of good repute and possess knowledge and expertise necessary to carry out their functions. (c) serious breaches of the obligations under Regulation [please insert reference – proposal for Anti-Money Laundering Regulation] have been committed. When drawing up the guidelines referred to in the first subparagraph of this Article, AMLA shall take into account the specificities of each sector in which the obliged entities operate and of previous guidelines issued jointly by the European Securities and Market Authority and the European Banking Authority on the assessment of the suitability of members of the management body and key function holders under Directive 2013/36/EU and Directive 2014/65/EU of the European Parliament and of the Council.
2022/06/27
Committee: ECONLIBE
Amendment 417 #

2021/0250(COD)

Proposal for a directive
Article 8 – paragraph 2
2. Each Member State shall designate an authority or establish a mechanism to coordinate the national response to the risks referred to in paragraph 1. The identity of that authority or the description of the mechanism shall be notified to the Commission, AMLA, Europol, and other Member States.
2022/06/27
Committee: ECONLIBE
Amendment 433 #

2021/0250(COD)

Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
In the national risk assessment, Member States shall describe the institutional structure and broad procedures of their AML/CFT regime, including, inter alia, the FIU, tax authorities and prosecutors, level of European and international cooperation with regard to money laundering and terrorist financing, as well as the allocated human and financial resources to the extent that this information is available.
2022/06/27
Committee: ECONLIBE
Amendment 450 #

2021/0250(COD)

Proposal for a directive
Article 9 – paragraph 2 – point d a (new)
(da) statistical data referred to in Article 19 (3) of Directive (EU) 2019/1153 of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences and repealing Council Decision 2000/642/JHA;
2022/06/27
Committee: ECONLIBE
Amendment 492 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 5 – introductory part
(5) Member States shall requirebe responsible for ensuring that the beneficial ownership information held in the central registers is adequate, accurate and up-to-date. For that purpose, Member State shall apply at least the following requirements:
2022/06/27
Committee: ECONLIBE
Amendment 498 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 5 – point a a (new)
(aa) it shall be verified at the time of transmission and periodically thereafter that such information is adequate, accurate and up-to-date.
2022/06/27
Committee: ECONLIBE
Amendment 513 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 6
(6) Member States shall require that the reporting of discrepancies referred to in paragraph 5 takes place within 1428 calendar days after detecting the discrepancy. In cases of lower risk to which measures under Section 3 of Chapter III of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation] apply, Member States may allow obliged entities to request the customer to rectify discrepancies of a technical nature that do not hinder the identification of the beneficial owner(s) directly with the entity in charge of the central registers.
2022/06/27
Committee: ECONLIBE
Amendment 514 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 7
(7) Member States shall ensure that the entity in charge of the central registers takes appropriate actions to cease the discrepancies, including amending the information included in the central registers where the entity is able to identify and verify the beneficial ownership information. A specific mention of the fact that there are discrepancies reported shall be included in the central registers and visible at least to competent authorities and obliged entitieis monitored. Obliged entities must be able to rely on the information in the central registers.
2022/06/27
Committee: ECONLIBE
Amendment 528 #

2021/0250(COD)

Proposal for a directive
Article 10 – paragraph 8 a (new)
(8a) Where a verification as referred to in paragraph 8a is carried out when the beneficial ownership information is submitted, and it leads an entity in charge of a central register to conclude that there are inconsistencies or errors in that information, or where that information otherwise fails to fulfil the requirements laid down in paragraph 5, Member States shall ensure that such entity is able to withhold the certification of registration.
2022/06/27
Committee: ECONLIBE
Amendment 555 #

2021/0250(COD)

Proposal for a directive
Article 11 – paragraph 3
(3) Member States shall ensure that, when taking customer due diligence measures in accordance with Chapter III of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation], obliged entities have timely, representatives and outsourcing service providers to which obliged entities have contractually outsourced their due diligence obligations in accordance with [please insert reference – proposal for Anti-Money Laundering Regulation], have immediate and free of charge access to the information held in the interconnected central registers referred to in Article 10.
2022/06/27
Committee: ECONLIBE
Amendment 595 #

2021/0250(COD)

Proposal for a directive
Article 14 – paragraph 3 – point d a (new)
(da) law enforcement information such as: – criminal police proceedings (ongoing criminal investigations); – criminal records; – mutual legal assistance records; – Schengen Information System, border crossings, border controls; FIUs shall be able to respond to requests for information by competent authorities in their respective Member States when such requests for information are motivated by concerns relating to money laundering, associated predicate offences or terrorist financing. The decision on conducting the analysis or dissemination of information shall remain with the FIU.
2022/06/27
Committee: ECONLIBE
Amendment 603 #

2021/0250(COD)

Proposal for a directive
Article 14 – paragraph 7 – introductory part
7. National FIUs and competent authorities designated under Directive (EU) 2019/1153 [please insert reference - proposal for a directive amending Directive (EU) 2019/1153 with regard to the access of competent authorities to centralized bank accounts registers through a single access point] shall be granted immediate and unfiltered access to the information on payment and bank accounts and safe-deposit boxes in other Member States available through the single access point interconnecting the centralised automated mechanisms. Member States shall cooperate among themselves and with the Commission in order to implement this paragraph.
2022/06/27
Committee: ECONLIBE
Amendment 605 #

2021/0250(COD)

Proposal for a directive
Article 14 – paragraph 7 – subparagraph 1
Member States shall ensure that the staff of the national FIUs and competent authorities, entitled to access through the single access point, maintain high professional standards of confidentiality and data protection, are of high integrity and are appropriately skilled.
2022/06/27
Committee: ECONLIBE
Amendment 607 #

2021/0250(COD)

Proposal for a directive
Article 14 – paragraph 7 a (new)
7a. The European Commission shall ensure that the staff of the European competent authorities having access through the single access point is subjected to high professional standards in terms of confidentiality and data protection, and that the staff is of high integrity and possesses the appropriate skills.
2022/06/27
Committee: ECONLIBE
Amendment 627 #

2021/0250(COD)

Proposal for a directive
Article 16 – paragraph 1 – introductory part
(1) Member States shall provide competent authorities with access to information which allows the identification in a timely manner of any natural or legal person owning real estate, including through registers or electronic data retrieval systems where such registers or systems are available. Member States shall decide whether to provide the information through a centralised or decentralised system and whether to link the information via a system to be operated by the Commission. Competent authorities shall also have access to information allowing the identification and analysis of transactions involving real estate, including their economic value and details of the natural or legal persons involved in those transactions including, where available, whether the natural or legal person owns, sells or acquires real estate on behalf of a legal arrangement.
2022/06/27
Committee: ECONLIBE
Amendment 633 #

2021/0250(COD)

Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
FIUs, national asset recovery authorities, and other national competent authorities involved in the framework of the fight against money laundering/terrorist financing and fight against organised crime shall be granted direct and immediate access to the information referred to in the first subparagraph.
2022/06/27
Committee: ECONLIBE
Amendment 637 #

2021/0250(COD)

Proposal for a directive
Article 16 – paragraph 2 a (new)
(2a) The Member States shall be able to interconnect the mechanisms referred to in paragraph 1 via the real estate data (RED) single access point to be developed and operated by the Commission by [4 years after the date of entry into force of this Directive]. The Commission is empowered to adopt, by means of implementing acts, the technical specifications and procedures for the connection of the Member States’ mechanisms to the single access point. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2).
2022/06/27
Committee: ECONLIBE
Amendment 657 #

2021/0250(COD)

Proposal for a directive
Article 17 – paragraph 3 – subparagraph 2
By [1 year after the date of transposition of this Directive], AMLA shall issue guidelines addressed to FIUs on the nature, features and objectives of operational and of strategic analysis, and, in particular, on the need to further provide these analyses to the investigation and prosecution authorities fighting against money laundering, related predicate offences, terrorist financing and organised crime.
2022/06/27
Committee: ECONLIBE
Amendment 660 #

2021/0250(COD)

Proposal for a directive
Article 17 – paragraph 4 – introductory part
4. Each FIU shall be operationally independent and autonomous, which means that it shall have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information in compliance with existing EU data protection rules. It shall be free from any undue political, government or industry influence or interference.
2022/06/27
Committee: ECONLIBE
Amendment 667 #

2021/0250(COD)

Proposal for a directive
Article 17 – paragraph 7
7. Each Member States shall ensure that its FIU is able to make arrangements or engage independently with other domestic competent authorities and EU bodies involved in the framework of combating money laundering, related predicate offences, terrorist financing and the fight against organised crime pursuant to Article 45 on the exchange of information.
2022/06/27
Committee: ECONLIBE
Amendment 694 #

2021/0250(COD)

Proposal for a directive
Article 18 – paragraph 1 – point b – point ii
(ii) national real estate registers or electronic data retrieval systems and land and cadastral registers, as well as the data from the single access point referred to in Article 16;
2022/06/27
Committee: ECONLIBE
Amendment 698 #

2021/0250(COD)

Proposal for a directive
Article 18 – paragraph 1 – point c – introductory part
(c) direct or indirect access tomay, subject to national procedural guarantees, receive from competent authorities the following law enforcement information:
2022/06/27
Committee: ECONLIBE
Amendment 705 #

2021/0250(COD)

Proposal for a directive
Article 18 – paragraph 1 – point c – point i
(i) any type of information or data case by case which is already held by competent authorities in the context of preventing, detecting, investigating or prosecuting criminal offences, whenever information is needed to prevent, detect and combat money laundering, related predicate offences, and terrorist financing;
2022/06/27
Committee: ECONLIBE
Amendment 708 #

2021/0250(COD)

Proposal for a directive
Article 18 – paragraph 1 – point c – point ii
(ii) any type ofrelevant information or data which is held by public authorities or by private entities in the context of preventing, detecting, investigating or prosecuting criminal offences and which is available to competent authorities without the taking of coercive measures under national law.
2022/06/27
Committee: ECONLIBE
Amendment 711 #

2021/0250(COD)

Proposal for a directive
Article 18 – paragraph 1 a (new)
1a. Where there are objective grounds to believe that the provision of such information would have an adverse effect on ongoing investigations or analyses, or, in exceptional circumstances, where the disclosure would be manifestly disproportionate to the legitimate interests of a natural or legal person for which it has been requested or inappropriate, the law enforcement authority may, with appropriate justification, deny access to information to the FIU.
2022/06/27
Committee: ECONLIBE
Amendment 735 #

2021/0250(COD)

Proposal for a directive
Article 20 – paragraph 1 – introductory part
(1) Member States shall ensure that FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to a transaction that is proceeding. Such suspension shall be imposed on the obliged entity within 48 hours of receiving the suspicious transaction report in order to analyse the transaction, confirm the suspicion and disseminate the results of the analysis to the competent authorities. Member States shall ensure that subject to national procedural safeguards, the transaction is suspended for a period of a maximum of 157 calendar days from the day of the imposition of such suspension to the obliged entity.
2022/06/27
Committee: ECONLIBE
Amendment 745 #

2021/0250(COD)

Proposal for a directive
Article 20 – paragraph 2 – subparagraph 1
Such suspension shall be imposed on the obliged entity within 48 hours of receiving the suspicious transaction report and immediately notified to the competent judicial authority. Member States shall ensure that the use of that bank or payment account is suspended for a period of a maximum of 53 days from the day of the imposition of the suspension. Member States shall ensure that any extension of such suspension shall be authorized by the competent judicial authority.
2022/06/27
Committee: ECONLIBE
Amendment 749 #

2021/0250(COD)

Proposal for a directive
Article 20 – paragraph 3 a (new)
(3a) Obliged entities shall provide documents to their respective national FIUs, which shall then forward the requested information to the requesting FIU.
2022/06/27
Committee: ECONLIBE
Amendment 765 #

2021/0250(COD)

Proposal for a directive
Article 21 – paragraph 2 – introductory part
(2) Member States shall ensure that FIUs provide obliged entities with feedback on theevery reports of suspected money laundering or terrorist financing. Such feedback shall cover at least the quality of the information provided, the timeliness of reporting, the description of the suspicion and the documentation provided at submission stage.
2022/06/27
Committee: ECONLIBE
Amendment 786 #

2021/0250(COD)

Proposal for a directive
Article 23 – paragraph 3 a (new)
3a. Following a peer review in accordance with Article 17 (7a), the AMLA may temporarily restrict access to FIU.net for a specific FIU where the peer review report concludes that the requirements relating to the independence, integrity, professionalism, confidentiality or security of the FIU are not met. , as referred to in Article 17. The decision to impose this measure is taken by the AMLA General Board in the FIU's composition by unanimity, as the affected FIU does not vote.
2022/06/27
Committee: ECONLIBE
Amendment 829 #

2021/0250(COD)

Proposal for a directive
Article 31 – paragraph 6 a (new)
(6a) Member States shall ensure that supervisors and self-regulatory bodies produce a detailed annual activity report and that a summary of that report is made available to the AMLA. The summary of the report referred to in the first subparagraph shall present: (a) the tasks of the supervisors; (b)an overview of its supervisory activities; (c) the number of on-site and off-site supervisory actions; and (d) the number of breaches identified on the basis of supervisory actions and sanctions or administrative measures applied by supervisory authorities and self-regulatory bodies pursuant to Section 4 of Chapter IV. The annual activity report referred to in the first subparagraph shall be transmitted to the designated authority or mechanism referred to in Article 8(2), which shall provide feedback and propose possible improvements, and shall be able to make recommendations to change the allocation of supervisory responsibilities and the arrangements for carrying out supervisory tasks.
2022/06/27
Committee: ECONLIBE
Amendment 831 #

2021/0250(COD)

Proposal for a directive
Article 32 – paragraph 1
(1) Member States shall ensure that if, in the course of the checks carried out on the obliged entities, or in any other way, supervisors discover facts that could be related to money laundering or to terrorist financing, they shall promptly inform the FIU. supervisory authorities shall be exempted from the requirements set out in this paragraph where the relevant information has been obtained from the supervised obliged entity in the cases referred to in Article 51(2) of [the Anti- Money Laundering Regulation].
2022/06/27
Committee: ECONLIBE
Amendment 913 #

2021/0250(COD)

Proposal for a directive
Article 41 – paragraph 1 – point c
(c) issue a public statement which identifies the natural or legal person and the nature of the breach;deleted
2022/06/27
Committee: ECONLIBE
Amendment 922 #

2021/0250(COD)

Proposal for a directive
Article 42 – paragraph 1 – introductory part
1. Member States shall ensure that a decision imposing an administrative sanction or measure for breach of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] against which there is no appeal shall be published by the supervisors on their official website immediately after the person sanctioned is informed of that decision and all administrative internal and judicial review procedures have been exhausted. The publication shall include at least information on the type and nature of the breach and the identity of the persons responsible. Member States shall not be obliged to apply this subparagraph to decisions imposing measures that are of an investigatory nature.
2022/06/27
Committee: ECONLIBE
Amendment 348 #

2021/0240(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
The choice of the location of the seat of the Authority shall comply with the following conditions: (a) it shall not affect the Authority’s execution of its tasks and powers, the organisation of its governance structure, the operation of its main organisation, or the main financing of its activities; (b) it shall ensure that the Authority is able to recruit the high-qualified and specialised staff it requires to perform the tasks and exercise the powers provided by this Regulation; (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; (e) it shall enable close cooperation with EU institutions and agencies with relevant experience in the field of risk assessment and supervision; (f) it shall ensure sustainability and digital connectivity with regard to infrastructure and working conditions.
2022/07/05
Committee: ECONLIBE
Amendment 526 #

2021/0240(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point a
(a) credit institutions that are established in at least sevten Member States, including the Member State of establishment and the Member States where they are operating via subsidiaries or branches;
2022/07/05
Committee: ECONLIBE
Amendment 644 #

2021/0240(COD)

Proposal for a regulation
Article 16 – paragraph 3 a (new)
(3a) Obliged entities shall not be obliged to provide information if the same information has already been provided to another financial intelligence unit. This provision shall also apply mutatis mutandis to cooperation and information exchange pursuant to Articles 77 and 78 of this Regulation.
2022/06/29
Committee: ECONLIBE
Amendment 647 #

2021/0240(COD)

Proposal for a regulation
Article 17 – paragraph 2
(2) The persons referred to in Article 16 shall be subject to investigations launched on the basis of a decision of the Authority, to the extent that such investigations are necessary to comply with the requirements of this Regulation. When a person obstructs the conduct of the investigation, the financial supervisor of the Member State where the relevant premises are located shall provide, in compliance with national law, the necessary assistance, including facilitating the access by the Authority to the business premises of the legal persons referred to in Article 16, so that the rights listed in paragraph 1 of this Article can be exercised.
2022/06/29
Committee: ECONLIBE
Amendment 662 #

2021/0240(COD)

Proposal for a regulation
Article 20 – paragraph 1 – point b
(b) the Authority has evidence that the selected obliged entity is extremely likely to breach the requirements of Union acts and national legislation referred to Article 1(2) within the next 12 months;
2022/06/29
Committee: ECONLIBE
Amendment 668 #

2021/0240(COD)

Proposal for a regulation
Article 20 – paragraph 2 – introductory part
(2) For the purposes of Article 6(1) the Authority shall have, in particular, the following powers:
2022/06/29
Committee: ECONLIBE
Amendment 690 #

2021/0240(COD)

Proposal for a regulation
Article 21 – paragraph 3 – point e
(e) for material breaches of the decisions of the Authority referred to in Article 6(1), the sanction shall amount to at least EUR 1050 000 and shall not exceed EUR 1 000 000.
2022/06/29
Committee: ECONLIBE
Amendment 694 #

2021/0240(COD)

Proposal for a regulation
Article 21 – paragraph 6
(6) The maximum amount of a sanction for material breaches referred to in paragraph 2, points (a) and (b) shall not exceed 10 % of the total annual turnover of the legal entity concerned of the obliged entity in the preceding business year, after application of the coefficients referred to in paragraphs 4 and 5.
2022/06/29
Committee: ECONLIBE
Amendment 697 #

2021/0240(COD)

Proposal for a regulation
Article 21 – paragraph 7
(7) The maximum amount of a sanction for material breaches referred to in paragraph 2, points (c) and point (d) shall not exceed EUR 10 006 250 000 or, in the Member States whose currency is not the Euro, the corresponding value in the national currency, after application of the coefficients referred to in paragraphs 4 and 5.
2022/06/29
Committee: ECONLIBE
Amendment 801 #

2021/0240(COD)

Proposal for a regulation
Article 31 – paragraph 2
(2) For the purposes of this Article, the Authority shall establish ad hoc peer review committees, which shall be composed of staff from the Authority and, members of the non-financial supervisors and representatives of the obliged entity in accordance with Article 3 of the [Anti- Money Laundering Regulation]. The peer review committees shall be chaired by a member of the Authority’s staff. The Chair of the Authority shall, following a call for proposals, propose the chair and the members of a peer review committee which shall be approved by the Executive Board.
2022/06/29
Committee: ECONLIBE
Amendment 814 #

2021/0240(COD)

Proposal for a regulation
Article 31 – paragraph 9
(9) On a case by case basis, when SRBs indicate an interest to participate in a peer review exercise, representatives of such bodies entrusted with supervisory functions may be invited to participate in that peer review.deleted
2022/06/29
Committee: ECONLIBE
Amendment 821 #

2021/0240(COD)

Proposal for a regulation
Article 32 – paragraph 4
(4) Where the supervisory authority in the non-financial sector has not complied with Union law within one month from receipt of the Authority’s recommendation, the Commission may, after having been informed by the Authority, or on its own initiative, issue a formal opinion requiring the supervisory authority in the non-financial sector to take the action necessary to comply with Union law. The Commission’s formal opinion shall take into account the Authority’s recommendation. The Commission shall issue such a formal opinion within three months after the adoption of the recommendation. The Commission may extend that period by one month. The Authority and the supervisory authority in the non-financial sector shall provide the Commission with all necessary information.deleted
2022/06/29
Committee: ECONLIBE
Amendment 822 #

2021/0240(COD)

Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1
The Commission shall issue such a formal opinion within three months after the adoption of the recommendation. The Commission may extend that period by one month.deleted
2022/06/29
Committee: ECONLIBE
Amendment 823 #

2021/0240(COD)

Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 2
The Authority and the supervisory authority in the non-financial sector shall provide the Commission with all necessary information.deleted
2022/06/29
Committee: ECONLIBE
Amendment 824 #

2021/0240(COD)

Proposal for a regulation
Article 32 – paragraph 5
(5) The supervisory authority in the non-financial sector shall, within ten working days of receipt of the formal opinion referred to in paragraph 5, inform the Commission and the Authority of the steps it has taken or intends to take to comply with that formal opinion.deleted
2022/06/29
Committee: ECONLIBE
Amendment 826 #

2021/0240(COD)

Proposal for a regulation
Article 32 – paragraph 6
(6) Where the formal opinion referred to in paragraph 4 is addressed to a supervisory authority which is a public authority overseeing a SRB, and where it does not comply with the formal opinion within the period specified therein, to remedy such non-compliance in a timely manner, the Authority may adopt an individual decision addressed to an SRB requiring it to take all necessary action to comply with its obligations under Union law. The decision of the Authority shall be in conformity with the formal opinion issued by the Commission pursuant to paragraph 4.deleted
2022/06/29
Committee: ECONLIBE
Amendment 829 #

2021/0240(COD)

Proposal for a regulation
Article 32 – paragraph 6 – subparagraph 1
The decision of the Authority shall be in conformity with the formal opinion issued by the Commission pursuant to paragraph 4.deleted
2022/06/29
Committee: ECONLIBE
Amendment 830 #

2021/0240(COD)

Proposal for a regulation
Article 32 – paragraph 7
(7) Decisions adopted in accordance with paragraph 6 shall prevail over any previous decision adopted by the supervisory authority on the same matter. When taking action in relation to issues which are subject to a formal opinion pursuant to paragraph 5 or to a decision pursuant to paragraph 7, supervisory authorities shall comply with the formal opinion or the decision, as the case may be.deleted
2022/06/29
Committee: ECONLIBE
Amendment 831 #

2021/0240(COD)

Proposal for a regulation
Article 32 – paragraph 7 – subparagraph 1
When taking action in relation to issues which are subject to a formal opinion pursuant to paragraph 5 or to a decision pursuant to paragraph 7, supervisory authorities shall comply with the formal opinion or the decision, as the case may be.deleted
2022/06/29
Committee: ECONLIBE
Amendment 982 #

2021/0240(COD)

Proposal for a regulation
Article 64 – paragraph 3 – point b
(b) the fees paid by the selected and non-selected obliged entities in accordance with Article 65, for tasks mentioned in Article 5(1), points (b) and (c).
2022/06/29
Committee: ECONLIBE
Amendment 1027 #

2021/0240(COD)

Proposal for a regulation
Article 78 – paragraph 1
(1) Where necessary for the fulfilment of its tasks listed in Article 5, the Authority shall cooperate, as appropriate, with the non- AML/CFT authorities.
2022/06/29
Committee: ECONLIBE
Amendment 1028 #

2021/0240(COD)

Proposal for a regulation
Article 78 – paragraph 2
(2) Where necessary, tThe Authority shall conclude a memorandum of understanding with the authorities referred to in paragraph 1 setting out in general terms how they will cooperate and exchange information in the performance of their supervisory tasks under Union law in relation to selected obliged entities. In particular, there should be coordinated exchanges between the European Central Bank and the Authority on supervisory matters as referred to in Article 4(1)(e) of Regulation (EU) No1024/2013.
2022/06/29
Committee: ECONLIBE
Amendment 137 #

2021/0239(COD)

Proposal for a regulation
Recital 9
(9) Independent legal professionals should be subject to this Regulation when participating in financial or corporate transactions, including when providing tax advice, where there is the risk of the services provided by those legal professionals being misused for the purpose of laundering the proceeds of criminal activity or for the purpose of terrorist financing. There should, however, be exemptions from any obligation to report information obtained before, during or after judicial proceedings, or in the course of ascertaining the legal position of a client, which should be covered by the legal privilegeprofessional confidentiality obligations. Therefore, legal and tax advice should remain subject to the obligation of professional secrecy, except where the legal professional is taking part in money laundering or terrorist financing, the legal or tax advice is provided for the purposes of money laundering or terrorist financing, or where the legal professional knows that the client is seeking legal or tax advice for the purposes of money laundering or terrorist financing.
2022/07/04
Committee: ECONLIBE
Amendment 146 #

2021/0239(COD)

Proposal for a regulation
Recital 14
(14) Directive (EU) 2015/849 set out to mitigate the money laundering and terrorist financing risks posed by large cash payments by including persons trading in goods among obliged entities when they make or receive payments in cash above EUR 10 000, whilst allowing Member States to introduce stricter measures. Such approach has shown to be ineffective in light of the poor understanding and application of AML/CFT requirements, lack of supervision and limited number of suspicious transactions reported to the FIU. In order to adequately mitigate risks deriving from the misuse of large cash sums, a Union-wide limit to largeIn order to counter money laundering risks in the goods and services sector, traders in goods should be subject to AML/CFT obligations for cash transactions aboveof EUR 10 000 should be laid down. As a consequence, persons trading in goods should no longer be subject to AML/CFT obligationsor more.
2022/07/04
Committee: ECONLIBE
Amendment 154 #

2021/0239(COD)

Proposal for a regulation
Recital 15
(15) Some categories of traders in goods are particularly exposed to money laundering and terrorist financing risks due to the high value that the small, transportable goods they deal with contain. For this reason, persons dealing in precious metals and precious stones should be subject to AML/CFT requirements for all cash or non-cash transactions carried out by them.
2022/07/04
Committee: ECONLIBE
Amendment 183 #

2021/0239(COD)

Proposal for a regulation
Recital 34 a (new)
(34a) A number of business models in the real estate sector in various Member States are designed in such a way that the establishment of a business relationship with potential clients by an obliged entity, under a brokerage contract, only leads to a property transaction in some cases. Under this business model, the initial business relationship, which only ensures the provision of services under a brokerage contract, should therefore fall outside the scope of this Regulation as there is no risk of money laundering. A broker’s due diligence obligations do not exist until the broker’s services lead to a lasting and/or occasional business relationship and there is a prospective transaction, since only at that point is there a potential risk of money laundering.
2022/07/04
Committee: ECONLIBE
Amendment 238 #

2021/0239(COD)

Proposal for a regulation
Recital 94
(94) The use of large cash payments is highly vulnerable to money laundering and terrorist financing; this has not been sufficiently mitigated by the requirement for traders in goods to be subject to anti- money laundering rules when making or receiving cash payments of EUR 10 000 or more. At the same time, differences in approaches among Member States have undermined the level playing field within the internal market to the detriment of businesses located in Member States with stricter controls. It is therefore necessary to introduce a Union-wide limit to large cash payments of EUR 10 000. Member States should be able to adopt lower thresholds and further stricter provisions.deleted
2022/07/04
Committee: ECONLIBE
Amendment 261 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a
(a) an undertaking other than a credit institution or an investment firm, which carries out one or more of the activities listed in points (2) to (12), (14) and (15) of Annex I to Directive 2013/36/EU of the European Parliament and of the Council43, including the activities of currency exchange offices (bureaux de change), or the principal activity of which is to acquire holdings, including a financial holding company and a mixed financial holding company; , but excluding the activities listed in points (7) and (8) of Annex I to Directive (EU) 2015/2366; _________________ 43 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).
2022/07/04
Committee: ECONLIBE
Amendment 264 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point b
(b) an insurance undertaking as defined in Article 13, point (1) of Directive 2009/138/EC of the European Parliament and of the Council44, insofar as it carries out life or other investment-related life assurance activities covered by that Directive, including insurance holding companies and mixed-activity insurance holding companies, where life assurance activities are carried out, as defined, respectively, in Article 212(1), points (f) and (g) of Directive 2009/138/EC; _________________ 44 Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).
2022/07/04
Committee: ECONLIBE
Amendment 265 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point e a (new)
(ea) (a) 'bearer shares’ means negotiable instruments that accord ownership in a legal person to the person who possesses the physical bearer share certificate, and any other similar instruments without traceability. It does not refer to dematerialised and/or registered forms of share certificates whose owners can be identified. (b) ‘bearer share warrants’ means negotiable instruments that accord entitlement to ownership in a legal person who possesses the physical bearer share warrant, and any other similar warrants or instruments without traceability. It does not refer to dematerialised and/or registered warrants or other instruments whose owners can be identified. It also does not refer to any other instruments that only confer a right to subscribe for ownership in a legal person at specified conditions, but not ownership or entitlement to ownership, unless and until the instruments are exercised.
2022/07/04
Committee: ECONLIBE
Amendment 269 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
(8) ‘gambling services’ means a service which involves wagering a stake with monetary value, also in the form of chargeable communications, in games of chance, including those with an element of skill such as lotteries, casino games, poker games and betting transactions that are provided at a physical location, or by any means at a distance, by electronic means or any other technology for facilitating communication, and at the individual request of a recipient of services;
2022/07/04
Committee: ECONLIBE
Amendment 270 #

2021/0239(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
(8a) ‘State gambling operators’ means public authorities and undertakings that are majority public-owned and subject to direct supervision and oversight by the State;
2022/07/04
Committee: ECONLIBE
Amendment 326 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point a
(a) auditors, external accountants and tax advisors, and any other natural or legal person that undertakes to provide, directly or by means of other persons to which that other person is related, material aid, assistance or advice on tax matters as principal business or professional activity;, with the exception of mutual advice and assistance for domestic workers, with regard to tax matters, organised in the form of a self-help association.
2022/07/04
Committee: ECONLIBE
Amendment 341 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point d a (new)
(da) property developers;
2022/07/04
Committee: ECONLIBE
Amendment 358 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point j a (new)
(ja) other traders in goods in so far as cash payments of EUR 10 000 or more are made or received, regardless of whether the transaction is carried out in a single operation or in several operations which appear to be linked;
2022/07/04
Committee: ECONLIBE
Amendment 359 #

2021/0239(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3 – point j b (new)
(jb) online platforms within the meaning of Regulation [Proposal for a Regulation on a Single Market for Digital Services (Digital Services Act) and amending Directive2000/31/EC] which make it possible for consumers and traders to conclude distance contracts for physical goods in so far as payments of EUR 10 000 or more are made or received, regardless of whether the transaction is carried out in a single operation or in several operations which appear to be linked;
2022/07/04
Committee: ECONLIBE
Amendment 376 #

2021/0239(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. With the exception of casinos, Member States may decide to exempt, in full or in part, State providers of gambling services from the requirements set out in this Regulation on the basis of the proven low risk posed by the nature and, where appropriate, the scale of operations of such services.
2022/07/04
Committee: ECONLIBE
Amendment 379 #

2021/0239(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
1a. Member States and third countries shall require all payment service providers within the meaning of Directive (EU) 2015/2366 to ensure that they do not carry out transactions for gambling service providers which do not possess the licence required in the Member State concerned. Member States and third countries shall provide obliged entities with white or black lists for that purpose.
2022/07/04
Committee: ECONLIBE
Amendment 425 #

2021/0239(COD)

Proposal for a regulation
Article 9 – paragraph 1
(1) Obliged entities shall appoint one executive member of their board of directors or, if there is no board, of its equivalent governing body who shall be responsible for the implementation and monitoring of measures to ensure compliance with this Regulation (‘compliance manager’). Where the entity has no governing body, the function should be performed by a member of its senior management.
2022/07/05
Committee: ECONLIBE
Amendment 429 #

2021/0239(COD)

Proposal for a regulation
Article 9 – paragraph 2
(2) The compliance manager shall be responsible for monitoring implementingation of the obliged entity’s policies, controls and procedures and for receiving information on significant or material weaknesses in such policies, controls and procedures. The compliance manager shall regularly report on those matters to the board of director or equivalent governing body. For parent undertakings, that person shall also be responsible for overseeing group-wide policies, controls and procedures.
2022/07/05
Committee: ECONLIBE
Amendment 433 #

2021/0239(COD)

Proposal for a regulation
Article 9 – paragraph 3 – introductory part
(3) Obliged entities shall have a compliance officer, to be appointed by the board of directors or governing bodymanagement at the level within the entity that is responsible for anti-money- laundering and countering the financing of terrorism, taking into account the size of the entity, the nature and characteristics of the activity and the complexity and risk of the services and/or activities carried out by the entity concerned, who shall be in charge of the day-to-day operation of the obliged entity’s anti- money laundering and countering the financing of terrorism (AML/CFT) policies. That person shall also be responsible for reporting suspicious transactions to the Financial Intelligence Unit (FIU) in accordance with Article 50(6).
2022/07/05
Committee: ECONLIBE
Amendment 442 #

2021/0239(COD)

Proposal for a regulation
Article 11 – paragraph 2
(2) Employees entrusted with tasks related to the obliged entity’s compliance with this Regulation shall inform the compliance officer of any close private or professional relationship established with the obliged entity’s customers or prospective customers and shall be prevented from undertaking any tasks related to the obliged entity’s compliance in relation to those customers.
2022/07/05
Committee: ECONLIBE
Amendment 453 #

2021/0239(COD)

Proposal for a regulation
Article 13 – paragraph 2 a (new)
2a. Entities within the same group shall be entitled to use the information received as up-to-date information, provided that: (a) the information or documents are provided by another entity within the same group; (b) the receiving entity within the same group and the providing entity within the same group are not aware that the information is no longer up to date, and the information can be regarded as up to date (risk-based approach) for the intra- group business relationship.
2022/07/05
Committee: ECONLIBE
Amendment 467 #

2021/0239(COD)

Proposal for a regulation
Article 15 – paragraph 2
(2) In addition to the circumstances referred to in paragraph 1, credit and financial institutions and crypto-asset service providers shall apply customer due diligence when either initiating or executing an occasional transaction that constitutes a transfer of funds as defined in Article 3, point (9) of Regulation [please insert reference – proposal for a recast of Regulation (EU) 2015/847 - COM/2021/422 final], or a transfer of crypto-assets as defined in Article 3, point (10) of that Regulation, exceeding EUR 1 000 or the equivalent in national currency.
2022/07/05
Committee: ECONLIBE
Amendment 470 #

2021/0239(COD)

(5) By [2 years from the date of entry into force of this Regulation], AMLA shall develop draft regulatory technical standards and submit them to the Commission for adoption. Those draft regulatory technical standards shall specify: (a) the obliged entities, sectors or transactions that are associated with higher money laundering and terrorist financing risk and which shall comply with thresholds lower than those set in paragraph 1 point (b); (b) the related occasional transaction thresholds; (c) the criteria to identify linked transactions. When developing the draft regulatory technical standards referred to in the first sub-paragraph, AMLA shall take due account of the following: (a) the inherent levels of risks of the business models of the different types of obliged entities; (b) the supra-national risk assessment developed by the Commission pursuant to Article 7 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final].deleted
2022/07/05
Committee: ECONLIBE
Amendment 479 #

2021/0239(COD)

Proposal for a regulation
Article 15 a (new)
Article 15a (1) Without prejudice to points (a), (b) and (c) of the first subparagraph of Article 16(1) and Article 19, and following an appropriate risk assessment demonstrating a low risk, obliged entities may waive certain due diligence measures if all of the following risk-mitigating conditions are met: (a) the payment instrument is not reloadable or has a maximum monthly payment transactions limit of EUR 150 which can be used only in that Member State; (b) the maximum amount stored electronically does not exceed EUR 150; (c) the payment instrument is used exclusively to purchase goods or services; (d) the payment instrument cannot be funded with anonymous electronic money; (e) the issuer carries out sufficient monitoring of the transactions or business relationship to enable the detection of unusual or suspicious transactions. (2) The derogation provided for in paragraph 1 of this Article shall not apply in the case of redemption in cash or cash withdrawal of the monetary value of the electronic money where the amount redeemed exceeds EUR 50, or in the case of remote payment transactions as defined in Article 4(6) of Directive (EU) 2015/2366 of the European Parliament and of the Council where the amount paid exceeds EUR 50 per transaction. (3) Credit institutions and financial institutions acting as acquirers shall ensure that they only accept payments carried out with anonymous prepaid cards issued in third countries where such cards meet requirements equivalent to those set out in paragraphs 1 and 2. Member States may decide not to accept on their territory payments carried out by using anonymous prepaid cards.
2022/07/05
Committee: ECONLIBE
Amendment 481 #

2021/0239(COD)

Proposal for a regulation
Article 16 – paragraph 1 – point b
(b) in cases where an obliged entity's risk assessment establishes an increased risk, identify the beneficial owner(s) pursuant to Articles 42 and 43 and verify their identity so that the obliged entity is satisfied that it knows who the beneficial owner is and that it understands the ownership and control structure of the customer;
2022/07/05
Committee: ECONLIBE
Amendment 496 #

2021/0239(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
(1) Where an obliged entity is unable to comply with the customer due diligence measures laid down in Article 16(1), it shall refrain from carrying out a transaction or establishing a business relationship, and shall terminate the business relationship and consider filing a suspicious transaction report to the FIU in relation to the customer in accordance with Article 50.
2022/07/05
Committee: ECONLIBE
Amendment 502 #

2021/0239(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point a – point iii
(iii) nationality or nationalities, or statelessness and refugee or subsidiary protection status where applicable, and the national identification number, where applicable;
2022/07/05
Committee: ECONLIBE
Amendment 504 #

2021/0239(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point a – point iv
(iv) the usual place of residence or, if there is no fixed residential address with legitimate residence in the Union, the postal address at which the natural person can be reached and, where possible, the occupation, profession, or employment status and the tax identification number;
2022/07/05
Committee: ECONLIBE
Amendment 507 #

2021/0239(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point b – point iii
(iii) the names of the legal representatives as well as, where available, the registration number, the tax identification number and the Legal Entity Identifier. Obliged entities shall also verify that the legal entity has activities on the basis of accounting documents for the latest financial year or other relevant information;.
2022/07/05
Committee: ECONLIBE
Amendment 510 #

2021/0239(COD)

Proposal for a regulation
Article 18 – paragraph 2 – introductory part
(2) For the purposes of identifying the beneficial owner of a legal entity, obliged entities shall collect the following information referred to in Article 44(1), point (a), and the information referred to in paragraph 1, point (b), of this Articleon a risk basis: first name and surname and, if necessary in the light of the risks associated with the transaction or business relationship and the beneficial owner, further information. The place and date of birth and the usual place of residence of the beneficial owner can be obtained regardless of the risks involved.
2022/07/05
Committee: ECONLIBE
Amendment 516 #

2021/0239(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1
Where, after having exhausted all possible means of identification pursuant to the first subparagraph, no natural person is identified as beneficial owner, or where there is anyare doubts that the person(s) identified is/are the beneficial owner(s), obliged entities shall identify the natural person(s) holding the position(s) of senior managing official(s) in the corporate or other legal entity and shall verify their identity. Obliged entities shall keep records of the actions taken as well as of the difficulties encountered during the identification process, which led to resorting to the identification of a senior managing official.
2022/07/05
Committee: ECONLIBE
Amendment 517 #

2021/0239(COD)

Proposal for a regulation
Article 18 – paragraph 4 – introductory part
(4) Obliged entities shall obtain the information, documents and data necessary for the verification of the customer and beneficial owner identity through either of the following:
2022/07/05
Committee: ECONLIBE
Amendment 525 #

2021/0239(COD)

Proposal for a regulation
Article 18 – paragraph 4 – point a
(a) the submission of the identity document, passport or equivalent andor the acquisition of information from reliable and independent sources, whether accessed directly or provided by the customer;
2022/07/05
Committee: ECONLIBE
Amendment 527 #

2021/0239(COD)

Proposal for a regulation
Article 18 – paragraph 4 – point b
(b) the use of electronic identification means and relevant trust services as set out in Regulation (EU) 910/2014, or other secure remote or electronic identification procedures regulated, recognised, approved or accepted by competent national authorities, ensuring at least a level of security designated 'high'. A decision taken by a competent national authority of a Member State should have equal effect in other Member States.
2022/07/05
Committee: ECONLIBE
Amendment 531 #

2021/0239(COD)

For the purposes of verifying the information on the beneficial owner(s), obliged entities shall alsotake all necessary and appropriate measures, including consulting the central registers referred to in Article 10 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final] as well as additional information. O. They shall consult additional information where the information in central registers does not match the information available to them under Article 18, where they have doubts as to the accuracy of the information or where there is a higher risk of money laundering or terrorist financing. In that instance, obliged entities shall determine the extent of the additional information to be consulted, having regard to the risks posed by the transaction or the business relationship and the beneficial owner. Obliged entities shall report to the entity responsible for the central registers any discrepancy between the beneficial ownership information available in the central registers and the beneficial ownership information available to them under Article 18 of the Regulation. Obliged entities shall not be required to report discrepancies under this paragraph where this involves information obtained in the instances referred to in Article 51(2). Other rules on safeguarding confidentiality, in particular on banking secrecy, shall be without prejudice to reporting obligations. Article 53 shall apply mutatis mutandis.
2022/07/05
Committee: ECONLIBE
Amendment 537 #

2021/0239(COD)

Proposal for a regulation
Article 18 – paragraph 4 a (new)
4a. By way of derogation from paragraphs 1 to 4, an obliged entity may opt not to identify and verify a customer or beneficial owner where the obliged entity has already verified and identified the person concerned on a previous occasion, in accordance with the requirements set out in paragraphs 1 to 4, and there is no reasonable doubt that the information received on that previous occasion is no longer accurate.
2022/07/05
Committee: ECONLIBE
Amendment 544 #

2021/0239(COD)

Proposal for a regulation
Article 19 a (new)
Article 19a By way of derogation from paragraph 1, verification of a customer’s identity may take place at a later stage in order not to interrupt the conduct of business where, because of the particular nature of the business model, the purpose of the business relationship initially is only to exchange information and provide advice, the conclusion of a main contract is not yet foreseeable and the risk of money laundering is low. In that instance, the relevant procedures shall be concluded as soon as the parties have a serious interest in proceeding with the brokered transaction and have been sufficiently identified.
2022/07/05
Committee: ECONLIBE
Amendment 545 #

2021/0239(COD)

Proposal for a regulation
Article 20 – title
Identification of the purpose and intended nature of a business relationship or occasional transaction
2022/07/05
Committee: ECONLIBE
Amendment 547 #

2021/0239(COD)

Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Before entering into a business relationship or performing an occasional transaction, an obliged entity shall obtain at least the following information in order to understand its purpose and intended nature in accordance with the risk-based approach:
2022/07/05
Committee: ECONLIBE
Amendment 552 #

2021/0239(COD)

Proposal for a regulation
Article 20 – paragraph 1 – point c
(c) the source of funds;deleted
2022/07/05
Committee: ECONLIBE
Amendment 555 #

2021/0239(COD)

Proposal for a regulation
Article 20 – paragraph 1 – point d
(d) the destination of funds.deleted
2022/07/05
Committee: ECONLIBE
Amendment 561 #

2021/0239(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
The frequency of updating customer information pursuant to the first sub- paragraph shall be based on the risk posed by the business relationship. The frequency of updating of customer information shall in any case not exceed fiveten years.
2022/07/05
Committee: ECONLIBE
Amendment 564 #

2021/0239(COD)

Proposal for a regulation
Article 21 – paragraph 3 – point b
(b) the obliged entity has a legal obligation in the course of the relevant calendar year to contact the customer for the purpose of reviewing any relevant information relating to the beneficial owner(s) or to comply with Council Directive 2011/16/EU54; _________________ 54 Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (OJ L 64, 11.3.2011, p. 1).deleted
2022/07/05
Committee: ECONLIBE
Amendment 567 #

2021/0239(COD)

Proposal for a regulation
Article 22
[...]deleted
2022/07/05
Committee: ECONLIBE
Amendment 580 #

2021/0239(COD)

Proposal for a regulation
Article 23 – paragraph 3
(3) For the purposes of paragraph 2, the Commission shall take into account calls for the application of enhanced due diligence measures and additional mitigating measures (‘countermeasures’) by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing, as well as relevant evaluations, assessments, reports or public statements drawn up by them.deleted
2022/07/05
Committee: ECONLIBE
Amendment 582 #

2021/0239(COD)

Proposal for a regulation
Article 23 – paragraph 4
(4) Where a third country is identified in accordance with the criteria referred to in paragraph 3, obliged entities shall apply enhanced due diligence measures listed in Article 28(4), points (a) to (g) with respect to the business relationships or occasional transactions involving natural or legal persons from that third country.deleted
2022/07/05
Committee: ECONLIBE
Amendment 584 #

2021/0239(COD)

Proposal for a regulation
Article 23 – paragraph 5
(5) The delegated act referred to in paragraph 2 shall identify among the countermeasures listed in Article 29 the specific countermeasures mitigating country-specific risks stemming from high-risk third countries.
2022/07/05
Committee: ECONLIBE
Amendment 586 #

2021/0239(COD)

Proposal for a regulation
Article 23 – paragraph 6
(6) The Commission shall review the delegated acts referred to in paragraph 2 on a regular basis to ensure that the specific countermeasures identified pursuant to paragraph 5 take account of the changes in the AML/CFT framework of the third country and are proportionate and adequate to the risks.
2022/07/05
Committee: ECONLIBE
Amendment 637 #

2021/0239(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part
(1) Where, taking into account the risk factors set out in Annexes II and III, the business relationship or transaction present a low degree of risk, obliged entities inter alia may apply the following simplified customer due diligence measures:
2022/07/05
Committee: ECONLIBE
Amendment 640 #

2021/0239(COD)

Proposal for a regulation
Article 27 – paragraph 1 – point a
(a) verify the identity of the customer and the beneficial owner after the establishment of the business relationship, provided that the specific lower risk identified justified such postponement, but in any case no later than 360 days of the relationship being established;
2022/07/05
Committee: ECONLIBE
Amendment 658 #

2021/0239(COD)

Proposal for a regulation
Article 28 – paragraph 4 – point c
(c) obtain additional information on the source of funds, and source and destination of wealth of the customer and of the beneficial owner(s);
2022/07/05
Committee: ECONLIBE
Amendment 691 #

2021/0239(COD)

Proposal for a regulation
Article 32 – paragraph 2 – point b
(b) take adequate measures to establish the source of wealth and source of funds that are involved in business relationships or occasional transactions with politically exposed persons;
2022/07/05
Committee: ECONLIBE
Amendment 697 #

2021/0239(COD)

Proposal for a regulation
Article 33 – paragraph 1 a (new)
(1a) When the list of exact functions is published, Member States may include functions which are not listed but are prominent public functions, within the meaning of Article 2(25), in the Member States concerned and should therefore fall within the scope of Article 32. With regard to the prominent public functions listed in Article 2(25)(a)(vi) and (vii), Member States may apply restrictive criteria when specifying the exact function in order to ensure that the exact functions given are comparable to those under Article 2(25)(a)(i) to (v) and Article 2(25)(b) to (d).
2022/07/05
Committee: ECONLIBE
Amendment 708 #

2021/0239(COD)

Proposal for a regulation
Article 38 – paragraph 1 – introductory part
(1) Obliged entities may rely on other obliged entities, whether situated in a Member State or in a third country, to meet the customer due diligence requirements laid down in Article 16(1), points (a), (b), (c) and (cd), and Article 21(2) and (3), provided that:
2022/07/05
Committee: ECONLIBE
Amendment 712 #

2021/0239(COD)

Proposal for a regulation
Article 38 – paragraph 4 a (new)
4a. Other obliged entities may also be relied on in connection with reusing the principal's pre-existing data and documents.
2022/07/05
Committee: ECONLIBE
Amendment 721 #

2021/0239(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point b
(b) the internal controls in place pursuant to Article 7;deleted
2022/07/05
Committee: ECONLIBE
Amendment 723 #

2021/0239(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point c
(c) the drawing up and approval of the obliged entity’s policies, controls and procedures to comply with the requirements of this Regulation;deleted
2022/07/05
Committee: ECONLIBE
Amendment 727 #

2021/0239(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point d
(d) the attribution of a risk profile to a prospective client and the entering into a business relationship with that client;deleted
2022/07/05
Committee: ECONLIBE
Amendment 731 #

2021/0239(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point e
(e) the identification of criteria for the detection of suspicious or unusual transactions and activities;deleted
2022/07/05
Committee: ECONLIBE
Amendment 735 #

2021/0239(COD)

Proposal for a regulation
Article 40 – paragraph 2 – point f
(f) the reporting of suspicious activities or threshold-based declarations to the FIU pursuant to Article 50.deleted
2022/07/05
Committee: ECONLIBE
Amendment 749 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 1 – introductory part
(1) In case of corporate entities, the beneficial owner(s) as defined in Article 2(22) shall be the natural person(s) who control(s), directly or indirectly, the corporate entity, either through an ownership interest or through control via other means.Does not affect the English version.)
2022/07/05
Committee: ECONLIBE
Amendment 760 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
For the purpose of this Article, ‘direct control through an ownership interest’ shall mean an ownership of 25% plus one of the shares or voting rights or other ownership interest of a natural person in the corporate entity, including through bearer shareholdings, on every level of ownership.
2022/07/05
Committee: ECONLIBE
Amendment 765 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 2 – introductory part
For the purpose of this Article, ‘control via other meansindirect control through an ownership interest’ shall mean the holding of a corresponding ownership interest in one or more corporate entities controlled by a natural person. For the purpose of this Article, ‘direct or indirect control’ shall include at least one of the following:
2022/07/05
Committee: ECONLIBE
Amendment 771 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 2 – point b
(b) the ability to exert a significexercise of dominant influence onver the decisions taken by the corporate entity, including veto rights, decision rights and any decisions regarding profit distributions or leading to a shift in assets;
2022/07/05
Committee: ECONLIBE
Amendment 772 #

2021/0239(COD)

Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 2 – point d
(d) links with family members of managers or directors/those owning or controlling the corporate entity;deleted
2022/07/05
Committee: ECONLIBE
Amendment 796 #

2021/0239(COD)

Proposal for a regulation
Article 43 – title
Identification of beneficial owners for express trusts and similar legal entities or arrangements
2022/07/05
Committee: ECONLIBE
Amendment 803 #

2021/0239(COD)

Proposal for a regulation
Article 44 – paragraph 1 – point a
(a) the first name and surname, full place and date of birth, residential address, country of residence and nationality or nationalities of the beneficial owner, national identification number and source of it, such as passport or national identity document, and, where applicable, the tax identification number or other equivalent number assigned to the person by his or her country of usual residence;
2022/07/05
Committee: ECONLIBE
Amendment 807 #

2021/0239(COD)

Proposal for a regulation
Article 44 – paragraph 1 – point b
(b) the nature and extent of the beneficial interest held in the legal entity or legal arrangement, whether through ownership interest or control via other means, as well as the date of acquisition of the beneficial interest held;
2022/07/05
Committee: ECONLIBE
Amendment 811 #

2021/0239(COD)

Proposal for a regulation
Article 44 – paragraph 2
(2) Beneficial ownership information shall be obtained within 14 calendar dayfour weeks from the creation of legal entities or legal arrangements. It shall be updated promptly, and in any case no later than 14 calendar dayfour weeks following any change of the beneficial owner(s), and on an annual basis.
2022/07/05
Committee: ECONLIBE
Amendment 814 #

2021/0239(COD)

Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
The beneficial owner(s) of corporate or other legal entities shall provide those entities with all the information necessary for the corporate or other legal entity and shall inform obliged entities without undue delay about all changes relating to beneficial ownership.
2022/07/05
Committee: ECONLIBE
Amendment 827 #

2021/0239(COD)

Proposal for a regulation
Article 45 – paragraph 5
(5) The information referred to in paragraph 4 shall be maintained for five years after the date on which the companies are dissolved or otherwise ceases to exist, whether by persons designated by the entity to retain the documents, or by administrators or liquidators or other persons involved in the dissolution of the entity. The identity and contact details of the person responsible for retaining the information shall be reported to the registers referred to in Article 10 of Directive [please insert reference – proposal for 6th Anti-Money Laundering Directive - COM/2021/423 final].
2022/07/05
Committee: ECONLIBE
Amendment 851 #

2021/0239(COD)

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1 – point a
(a) reporting to the FIU, on their own initiative, where the obliged entity knows, suspects or has reasonable grounds to suspect that funds, regardless of the amount involved, are the proceeds of criminal activity or are related to terrorist financing, and by responding to requests by the FIU for additional information in such cases;
2022/07/05
Committee: ECONLIBE
Amendment 872 #

2021/0239(COD)

Proposal for a regulation
Article 51 – paragraph 2
(2) Notaries, lawyers and other independent legal professionals, auditors, external accountants and tax advisors shall be exempted from the requirements laid down in Article 50(1) to the extent that such exemption relates to information that they receive from, or obtain on, one of their clients, in the course of ascertaining the legal position of their client, or performing their task of defending or representing that client in, or concerning, judicial proceedings, including providing advice on instituting or avoiding such proceedings, whether such information is received or obtained before, during or after such proceedings. However, the requirements under Article 50(1) shall apply where the obliged entity knows that legal advice or legal representation has been or is being used for the purpose of money laundering or terrorist financing. Within the limits of Union law, Member States may adopt or maintain rules in order to apply the requirements under Article 50(1) to obliged entities in other instances, notwithstanding the professional secrecy obligations of those obliged entities.
2022/07/05
Committee: ECONLIBE
Amendment 877 #

2021/0239(COD)

Proposal for a regulation
Article 52 – paragraph 1 a (new)
1a. Obliged entities may carry out the transaction concerned if they have not received instructions to the contrary from the FIU within three days.
2022/07/05
Committee: ECONLIBE
Amendment 879 #

2021/0239(COD)

Proposal for a regulation
Article 54 – paragraph 5
(5) For obliged entities referred to in Article 3, points (1), (2), (3)(a) and (b), in cases relating to the same person (natural or legal) as customer and/or the same transaction or the same network of persons (natural and legal) and transactions involving two or more obliged entities, and by way of derogation from paragraph 1, disclosure may take place between the relevant obliged entities provided that they are located in the Union internal market, or with entities in a third country which imposes requirements equivalent to those laid down in this Regulation, and that they are from the same category of obliged entities and are subject to professional secrecy and personal data protection requirements.
2022/07/05
Committee: ECONLIBE
Amendment 883 #

2021/0239(COD)

Proposal for a regulation
Article 54 – paragraph 5 b (new)
5b. By way of derogation from paragraph 1, disclosure may take place between an obliged entity and its agent or service provider to which it has outsourced activities relating to customer identification and compliance with due diligence obligations in accordance with Chapter III of this Regulation or the obligation to report suspicious transactions under Articles 50 and 51 of this Regulation.
2022/07/05
Committee: ECONLIBE
Amendment 901 #

2021/0239(COD)

Proposal for a regulation
Article 55 a (new)
Article 55a 1. Obliged entities, competent authorities [as defined in Article 2(31) of this Regulation] and other public bodies of the EU and of EU Member States, insofar as they act to combat money laundering or terrorist financing, may disclose to each other, directly or through public-private partnerships (PPPs), insofar as the latter act to combat money laundering or terrorist financing, information about anomalies or unusual circumstances that point to money laundering, one of its predicate offences or terrorist financing. The exchange of information referred to in the first sentence may take place only for the purpose of combating money laundering, one of its predicate offences or terrorist financing. 2. In connection with the exchange of information under paragraph 1, the persons referred to in that paragraph may also process personal data within the meaning of Article 4(1) of the General Data Protection Regulation (GDPR) [as defined in Article 4(2) of the GDPR]. Article 14(1) to (4) of the GDPR shall not apply. Articles 15, 16 and 18 of the GDPR shall apply subject to the agreement of the competent authorities concerned [as defined in Article 2(31) of this Regulation]. Personal data shall be deleted after a period of five years following receipt thereof unless there is a legal obligation or entitlement to continue to retain the data. 3. Information referred to in paragraph 1 which relates to specific facts may only be disclosed by obliged entities to other obliged entities, irrespective of submission of a report in accordance with Article 50 et seq. of this Regulation, if the information is not disclosed to: (1) the contractual partner of the obliged entity making the disclosure; (2) the principal of a transaction relating to the facts concerned; (3) the beneficial owner of the persons referred to in points 1 and 2; (4) a person appointed as a representative or agent by any of the persons referred to in points 1 to 3; (5) the legal counsel instructed by any of the persons referred to in points 1 to 4; or (6) other third parties not referred to in paragraph 1. 4. Information referred to in paragraph 1 in connection with which an obliged entity has submitted a report pursuant to Article 50 et seq. of this Regulation, or on the basis of which such a report is about to be submitted, may only be shared in accordance with paragraph 1 if the competent authorities [as defined in Article 2(31) of this Regulation] have previously given their consent to an exchange of information to all or selected persons referred to in paragraph 1. This shall be without prejudice to exchanges of information pursuant to Article 54(2) to (6) of this Regulation.
2022/07/05
Committee: ECONLIBE
Amendment 902 #

2021/0239(COD)

Proposal for a regulation
Article 55 b (new)
Article 55 b For the purposes of combating money laundering, obliged entities shall be permitted to rely on technologies involving machine learning, artificial intelligence or similar automated individual decision-making processes, including profiling, in accordance with Article 22(2)(b) of Regulation (EU) 2016/679, in order to comply directly or indirectly with the requirements of this Regulation and of Regulation (EU) 2015/847, as well as all regulatory technical standards, guidelines or other customary instruments (directly or indirectly related to the prevention and combating of money laundering and terrorist financing) issued by AMLA in connection with the above Regulations. Obliged entities shall inform data subjects in their privacy statements, for example, that use is made of automated decisions, including profiling, in accordance with Article 22(2)(b) of Regulation (EU) 2016/679. That information should explain the significance and possible consequences of such use for the data subject. AMLA, in cooperation with the European Data Protection Board, should develop regulatory technical standards specifying the minimum information required. The logical processing methods behind automated decision-making and profiling shall be retained by obliged entities and may be made available to competent authorities upon request. Such logical processing methods should be treated in confidence by competent authorities.
2022/07/05
Committee: ECONLIBE
Amendment 906 #

2021/0239(COD)

Proposal for a regulation
Article 56 – paragraph 3 – introductory part
(3) The information referred to in paragraphs 1 and 2Customer data shall be retained for a period of five years after the end of a business relationship with their customer orand transaction data shall be retained for five years after the date of an occasional transaction. Upon expiry of that retention period, obliged entities shall delete personal data.
2022/07/05
Committee: ECONLIBE
Amendment 918 #

2021/0239(COD)

Proposal for a regulation
Article 59
Limits to large cash payments (1) Persons trading in goods or providing services may accept or make a payment in cash only up to an amount of EUR 10 000 or equivalent amount in national or foreign currency, whether the transaction is carried out in a single operation or in several operations which appear to be linked. (2) Member States may adopt lower limits following consultation of the European Central Bank in accordance with Article 2(1) of Council Decision 98/415/EC57. Those lower limits shall be notified to the Commission within 3 months of the measure being introduced at national level. (3) When limits already exist at national level which are below the limit set out in paragraph 1, they shall continue to apply. Member States shall notify those limits within 3 months of the entry into force of this Regulation. (4) The limit referred to in paragraph 1 shall not apply to: (a) payments between natural persons who are not acting in a professional function; (b) payments or deposits made at the premises of credit institutions. In such cases, the credit institution shall report the payment or deposit above the limit to the FIU. (5) Member States shall ensure that appropriate measures, including sanctions, are taken against natural or legal persons acting in their professional capacity which are suspected of a breach of the limit set out in paragraph 1, or of a lower limit adopted by the Member States. (6) The overall level of the sanctions shall be calculated, in accordance with the relevant provisions of national law, in such way as to produce results proportionate to the seriousness of the infringement, thereby effectively discouraging further offences of the same kind. _________________ 57 Council Decision of 29 June 1998 on the consultation of the European Central Bank by national authorities regarding draft legislative provisions (OJ L 189, 3.7.1998, p. 42).Article 59 deleted
2022/07/05
Committee: ECONLIBE
Amendment 935 #

2021/0239(COD)

Proposal for a regulation
Article 59 – paragraph 4 – point b
(b) payments or deposits made at the premises of credit institutions. In such cases, the credit institution shall report the payment or deposit above the limit to the FIU.
2022/07/05
Committee: ECONLIBE
Amendment 956 #

2021/0239(COD)

Proposal for a regulation
Annex II – paragraph 1 – point 2 – point d
(d) financial products or services that provide appropriately defined and limited services to certain types of customers, so as to increase access for financial inclusion purposes; this category includes, inter alia, SME guarantees;
2022/07/05
Committee: ECONLIBE
Amendment 141 #

2021/0223(COD)

Proposal for a regulation
Recital 3
(3) Regulation (EU) 2019/631 of the European Parliament and of the Council46 and Regulation (EU) 2019/1242 of the European Parliament and of the Council47 already set CO2 emission performance standards for new passenger cars and for new light commercial vehicles as well as for certain heavy-duty vehicles. Those instruments should accelerate the uptake in particular of zero-emission vehicles and alternative fuels and thereby create demand for recharging and refuelling infrastructure. _________________ 46 Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13). 47 Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2 emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No 595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC (OJ L 198, 25.7.2019, p. 202).
2022/03/21
Committee: TRAN
Amendment 150 #

2021/0223(COD)

Proposal for a regulation
Recital 5
(5) Therefore aAll modes of transport should be addressed in one instrument which should take into account athe variety of alternative fuels, the development of their market share and particularly their affordability. The use of zero-emission powertrain technologies and climate-neutral alternative fuels is at different stages of maturity in the different modes of transport and in the different Member States and regions. In particular, in the road sector, a rapid uptake of battery-electric and plug-in hybrid personal and light-duty commercial vehicles is taking place. Hydrogen fuel-cell road vehicles are available to markets, as well, however at high prices for vehicles and fuels. In addition, smaller hydrogen and battery electric vessels and hydrogen fuel-cell trains are currently being deployed in different projects and in first commercial operations, with full commercial roll out expected in the next years. In contrast, the aviation and waterborne sectors, as well as heavy-duty road transport, continue to be dependent on liquid and gaseous fuels, as zero- and low-emission powertrain solutions are expected to enter the market only around 2030 and in particular for the aviation sector even later, with full commercialisation taking its time. The use of fossil gaseous or liquid fuels is only possible if it is clearly embedded into a clear decarbonisation pathway that is in line with the long-term objective of climate neutrality in the Union, requiring increasing blending with or replacement by renewable fuels such as bio-methane, advanced biofuelsgaseous or liquid bio-methane, biomass fuels, biofuels, advanced biofuels, recycled carbonfuels, renewable fuels of non-biological origin or renewable and low- carbon synthetic gaseous and liquid fuels.
2022/03/21
Committee: TRAN
Amendment 156 #

2021/0223(COD)

Proposal for a regulation
Recital 5 a (new)
(5 a) Therefore, the general principle of technological neutrality should be maintained and market competition between the different alternative technologies should be promoted and protected at Union and national levels, thus providing for the best technological solutions and affordable prices. Targets and milestones should be set at Union and national levels, depending on the market development of different technologies, while the net-zero ambition should always be the guiding principle.
2022/03/21
Committee: TRAN
Amendment 159 #

2021/0223(COD)

Proposal for a regulation
Recital 6
(6) SuchBiofuels, advanced biofuels and synthetic fuels, substituting diesel, petrol and jet fuel, can be produced from different feedstock and can be blended into fossil fuels at very high blending ratios. They can be technically used with the current vehicle technology with minor or no adaptations. Renewable and bio-LNG can be used for heavy-duty transport, both road and maritime, as demonstrated by the fact that already 20% of gas used in road transport is bio-methane. Renewable methanol can also be used for inland navigation and short-sea shipping. Synthetic and paraffinic fuels have a potential to reduce the use of fossil fuel sources in the energy supply to transport. All of these fuels can be distributed, stored and used with the existing infrastructure or where necessary with infrastructure of the same kind.
2022/03/21
Committee: TRAN
Amendment 166 #

2021/0223(COD)

Proposal for a regulation
Recital 7
(7) LNG is likely to play a continued role in maritime transport, where there is currently no economically viable zero- emission powertrain technology available. The Communication on the Smart and Sustainable Mobility Strategy points to zero-emission seagoing ships becoming market ready by 2030. Fleet conversion, a tendency, which should be promoted, duly monitored and reported. Fleet conversion, based on relevant, affordable and viable new technologies, should take place gradually due to the long lifetime of the ships. Contrary to maritime transport, fFor inland waterways, with normally smaller vessels and shorter distances, low- and zero-emission powertrain technologies, such as hydrogen and, electricity, sh and other alternative fuels, could enter the markets more quickly. LNG is, LPG and their renewable derivatives are, however expected to no longer play a significant role in that sectorand the competitive development of the market in this sector is still ongoing. Transport fuels such as LNG need increasingly to be decarbonised by blending/substituting with liquefied biomethane (bio-LNG) or renewable and low-carbon synthetic gaseous e-fuels (e- gas) for instance. Those decarbonised fuels can be used in the same infrastructure as gaseous fossil fuels thereby allowing for a gradual shift towards decarbonised fuels.
2022/03/21
Committee: TRAN
Amendment 183 #

2021/0223(COD)

Proposal for a regulation
Recital 9
(9) The deployment of publicly accessible recharging infrastructure for light-duty electric vehicles has been uneven across the Union. Continued uneven distribution would jeopardize the uptake of such vehicles, limiting connectivity across the Union. Continuing divergence in policy ambitions and approaches at national level will not create the long-term certainty needed for substantive market investment. Mandatory minimum targets for Member States at national level should therefore provide policy orientations and complement National Policy Frameworks. That approach should combine national fleet based targets with distance-based targets for the trans-European network for transport (TEN-T). National fleet based targets should ensure that vehicle uptake in each Member State is matched with the deployment of sufficient publicly accessible recharging infrastructure. A special attention and higher fleet based targets for centres of relatively higher population density and higher electric vehicles market-share is also needed. Distance-based targets for the TEN-T network should ensure full coverage of electric recharging points along the Union’s main road networks and thereby ensure easy and seamless travel throughout the Union.
2022/03/21
Committee: TRAN
Amendment 189 #

2021/0223(COD)

Proposal for a regulation
Recital 10
(10) National fleet based targets should be established on the basis of the total number of registered electric vehicles in that Member State following a common methodology that accounts for technological developments such as the increased driving range of electric vehicles or the increasing market penetration of fast-charging points which can recharge a greater number of vehicles per recharging point than at a normal recharging point. The methodology also has to take into account the different recharging patterns of battery electric and plug-in hybrid vehicles, as well as population and market shares of electric vehicles. A methodology that norms national fleet based targets on the total maximum power output of the publicly accessible recharging infrastructure should allow flexibility for the implementation of different recharging technologies in Member States.
2022/03/21
Committee: TRAN
Amendment 199 #

2021/0223(COD)

Proposal for a regulation
Recital 11 a (new)
(11 a) The deployment of publicly accessible recharging infrastructure should primarily result from private market investment. However, Member States should support infrastructure deployment through initial public investments, in cases where market conditions require public support, provided it is in full compliance with State aid rules, until a competitive market has been established.
2022/03/21
Committee: TRAN
Amendment 206 #

2021/0223(COD)

Proposal for a regulation
Recital 13
(13) Electric heavy-duty vehicles need a distinctively different recharging infrastructure than light-duty vehicles. Public accessible infrastructure for electric heavy-duty vehicles is however currently almost nowhere available in the Union. A combined approach of distance-based targets along the TEN-T network, targets for overnight recharging infrastructure and targets at urban nodes should ensure that a sufficient publicly accessible infrastructure coverage for electric heavy-duty vehicles is established throughout the Union to support the expected market uptakeproactively support the market share development of battery electric heavy-duty vehicles.
2022/03/21
Committee: TRAN
Amendment 208 #

2021/0223(COD)

Proposal for a regulation
Recital 14
(14) A sufficient number of publicly accessible fast recharging points dedicated to heavy-duty vehicles should also be deployed along the TEN-T network to ensure full connectivity throughout the Union. That infrastructure should have sufficient power output to allow the recharge of the vehicle within the driver’s legal break time. In addition to fast recharging points along the network, heavy-duty vehicles should also be able to use publicly accessible recharging infrastructure for overnight recharging along the main transport network to specifically support the electrification of the long haul sector.
2022/03/21
Committee: TRAN
Amendment 217 #

2021/0223(COD)

Proposal for a regulation
Recital 17
(17) Publicly accessible recharging or refuelling points include, for example, privately owned recharging or refuelling points accessible to the public that are located on public or private properties, such as public parkings or parkings of supermarkets. A recharging or refuelling point located on a private property that is accessible to the general public should be considered as publicly accessible also in cases where access is restricted to a certain general group of users, for example to clientsif the access is unlimited and unconditional. Recharging or refuelling points for car- sharing schemes should only be considered accessible to the public if they explicitly allow access for third party users. Recharging or refuelling points located on private properties, access to which is restricted to a limited, determinate circle of persons, such as parking lots in office buildings to which only employees or authorised persons have access, should not be considered as publicly accessible recharging or refuelling points.
2022/03/21
Committee: TRAN
Amendment 259 #

2021/0223(COD)

Proposal for a regulation
Recital 28
(28) At the early stage of market deployment there is still a degree of uncertainty with regard to the kind of vehicles that will come into the market and to the kind of technologies that are going to be widely used. As outlined in the Commission’s communication ‘A hydrogen strategy for a climate-neutral Europe’56 the heavy-duty segment was identified as the most likely segment for the early mass deployment of hydrogen vehicles. Therefore, hydrogen refuelling infrastructure should preliminarily focus on that segment while also allowing light-duty vehicles to fuel at publicly accessible hydrogen refuelling stations. To ensure interoperability, all publicly accessible hydrogen stations should at least serve gaseous hydrogen at 700 bar. The infrastructure roll out should also take into account the emergence of new technologies, such as liquid hydrogen, that allow a larger range for heavy-duty vehicles and are the preferred technology choice of some vehicle manufacturers. To that end, a minimum number of hydrogen refuelling stations should serve also liquid hydrogen in addition to gaseous hydrogen at 700 bar. _________________ 56 COM(2020) 301 final
2022/03/21
Committee: TRAN
Amendment 263 #

2021/0223(COD)

Proposal for a regulation
Recital 29
(29) A number of LNG refuelling points are established in the Union, already providing a backbone for the circulation of LNG driven heavy-duty vehicles. The TEN-T core network should remain the basis for the deployment of LNG infrastructure, and progressively for bio- LNG, as it covers the main traffic flows and allows cross border connectivity throughout the Union. It had been recommended in Directive 2014/94/EU that such refuelling points be installed every 400 km on the TEN-T core network, but certain limited should remain the basis for the deployment of LNG infrastructure, and progressively for bio-LNG, as it covers the main traffic flows and allows cross border connectivity throughout the Union. It had been recommended in Directive 2014/94/EU that such refuelling points be installed every 400 km on the TEN-T core network, but some important gaps in the network remain across the EU to reach that objective. Member States should by 2025 reach that objective and fill the remaining gaps, after which the target should cease to applyLNG stations are insufficient especially in Eastern Europe and in third countries, situated on international transport corridors, including corridors linking different Member States. Member States should by 2025 reach that objective and fill the remaining gaps, after which the target should be adapted to different market scenarios in line with EU and national decarbonisation targets and market shares of alternative fuels.
2022/03/21
Committee: TRAN
Amendment 282 #

2021/0223(COD)

Proposal for a regulation
Recital 32
(32) Shore-side electricity facilities, either fixed or mobile, can serve maritime and inland waterway transport as clean power supply and contribute to reducing the environmental impact of seagoing ships and inland waterway vessels. Under the FuelEU maritime initiative, ship operators of container and passenger ships need to comply with provisions to reduce emissions at berth. Mandatory deployment targets should ensure that the sector finds sufficient shore-side electricity supply in TEN-T core and comprehensive maritime ports to comply with those requirements. The application of these targets to all TEN- T maritime ports should ensure the level playing field between ports.
2022/03/21
Committee: TRAN
Amendment 286 #

2021/0223(COD)

Proposal for a regulation
Recital 32 a (new)
(32 a) In order to ensure a coherent legislative framework for the use and deployment of alternative fuels, this Regulation should be aligned with the Regulation XXXX-XXX (FuelEU Maritime) and the revision of Directive 2003/96/EC (Energy Taxation Directive). This alignment should ensure that the provision on OPS in ports is accompanied by rules mandating the use of OPS by ships and by rules incentivising its use through a tax exemption
2022/03/21
Committee: TRAN
Amendment 288 #

2021/0223(COD)

Proposal for a regulation
Recital 32 b (new)
(32 b) The diversity of maritime ports in terms of size, traffic segments served, governance and geographical location has to be taken into account in the deployment of on-shore power supply.
2022/03/21
Committee: TRAN
Amendment 291 #

2021/0223(COD)

Proposal for a regulation
Recital 32 c (new)
(32 c) Given the cost and complexity associated with the roll-out of OPS in maritime ports, it is essential to prioritise the investments, particularly where it makes the most sense in terms of emissions reduction and economic viability. Frequency of use, potential level of emissions reduction, regularity of calls and availability of grid capacity are important elements in that respect;
2022/03/21
Committee: TRAN
Amendment 302 #

2021/0223(COD)

Proposal for a regulation
Recital 32 e (new)
(32 e) In case it is impossible to supply sufficient on-shore power due to weak capacity in the local grid connecting to the port, this should not be considered as a failure by the port nor of the ship owner or operator to comply with the requirements of this Regulation, as long as the insufficient local grid capacity is duly attested by the grid manager.
2022/03/21
Committee: TRAN
Amendment 347 #

2021/0223(COD)

Proposal for a regulation
Recital 38
(38) The revised national policy frameworks should include detailed market and traffic shares, especially for transit traffic, data monitoring and evaluation on a frequent basis, providing for market projections and supporting actions for the development of the market as regards alternative fuels, including the deployment of the necessary infrastructure to be put into place, in close cooperation with regional and local authorities and with the industry concerned, while taking into account the needs of small and medium- sized enterprises. Additionally, the revised frameworks should describe the overall national framework for planning, permitting and procuring of such infrastructure, including the identified obstacles and actions to remove them so shat a faster rollout of infrastructure can be achieved.
2022/03/21
Committee: TRAN
Amendment 351 #

2021/0223(COD)

Proposal for a regulation
Recital 39
(39) The development and implementation of the revised national policy frameworks of the Member States should be facilitated by the Commission by means of exchanges of information and best practices between the Member States and regional and local authorities.
2022/03/21
Committee: TRAN
Amendment 354 #

2021/0223(COD)

Proposal for a regulation
Recital 40
(40) In order to promote alternative fuels and develop the relevant infrastructure, the national policy frameworks should consist of detailed strategies to promote alternative fuels in sectors that are difficult to decarbonise such as aviation, maritime transport, inland waterway transport as well as rail transport on network segments that cannot be electrified. In particular, Member States should develop clear strategies for the decarbonisation of inland waterway transport along the TEN-T network in close cooperation with those Member States concerned. Long term decarbonisation strategies should also be developed for TEN-T ports and TEN-T airports, in particular with a focus on the deployment of infrastructure for low and zero emission vessels and aircraft as well as for railway lines that are not going to be electrified. On the basis of those strategies, taking into consideration the national market and traffic share data and market projections, the Commission should review this Regulation with a view to setting more mandatory targets for those sectors.
2022/03/21
Committee: TRAN
Amendment 361 #

2021/0223(COD)

Proposal for a regulation
Recital 41
(41) Member States should make use of a wide range of regulatory and non-market-based and regulatory incentives and measures to reach the mandatory targets and implement their national policy frameworks, in close cooperation with private sector actors, who should play a key role in supporting the development of alternative fuels infrastructure.
2022/03/21
Committee: TRAN
Amendment 392 #

2021/0223(COD)

Proposal for a regulation
Recital 54 a (new)
(54 a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the entry into force of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU Regulations that generate unnecessary compliance costs in the affected sectors.
2022/03/21
Committee: TRAN
Amendment 395 #

2021/0223(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. This Regulation establishes a reporting mechanism to stimulate cooperation and ensures a robust tracking of progress. The mechanism shall comprise a structured, transparent, iterative and multi-level governance process between the Commission and Member States for the purpose of the finalisation of the national policy frameworks, taking into account existing local and regional strategies for the deployment of alternative fuels infrastructure, and their subsequent implementation and corresponding Commission action.
2022/03/21
Committee: TRAN
Amendment 398 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – introductory part
(3) ‘alternative fuels’ means fuels or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute, on a permanent basis or for a transitional phase, to its decarbonisation and enhance the environmental performance of the transport sector, including:
2022/03/21
Committee: TRAN
Amendment 403 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a – introductory part
(a) ‘alternative fuels for low- and zero- emission vehicles’:
2022/03/21
Committee: TRAN
Amendment 408 #
2022/03/21
Committee: TRAN
Amendment 410 #
2022/03/21
Committee: TRAN
Amendment 419 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b – indent 1
– biomass fuels and biofuels as defined in Article 2, points (27) and (33) of Directive (EU) 2018/2001such as bio-hydrogen, bio-ammonia, bio- methanol, bio-methane, bio-LNG, bio- CNG, bio-LPG or RCF,
2022/03/21
Committee: TRAN
Amendment 422 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b – indent 2
– synthetic and paraffinic fuels, including ammoniae-hydrogen, e-ammonia, e- methanol, e-methane, e-LNG, rDME or RFNBO, produced from renewable energy,
2022/03/21
Committee: TRAN
Amendment 428 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c – introductory part
(c) ‘alternative fossil fuels’ for a transitional phaseprogressively blended with renewable fuels:
2022/03/21
Committee: TRAN
Amendment 441 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17
(17) ‘electric road system’ means a physical installation along a road that allows for the transfer of electricity to an electric vehicle while the vehicle is in motionfor propulsion or dynamic charging to an electric vehicle;
2022/03/21
Committee: TRAN
Amendment 442 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
(17 a) 'dynamic charging' means the charging of an electric vehicles battery while the vehicle is in motion;
2022/03/21
Committee: TRAN
Amendment 451 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 38
(38) ‘publicly accessible’ alternative fuels infrastructure, means an alternative fuels infrastructure which is located at a site or premise that is open to the general public, irrespective of whetherwith unlimited and unconditional access to the alternative fuels infrastructure, is located on public or on private property, whether limitations or conditions apply in terms of access to the siterrespective of whether it is located on public or orn premise and irrespective of the applicable use conditions of the alternative fuels infrastructureivate property;
2022/03/21
Committee: TRAN
Amendment 476 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 57
(57) ‘ship at berth’ means ship at b ship which is securely moored along a quay in a port falling under th as defined in Article 3, point (n) of Regulation (EU) 2015/757e jurisdiction of a Member State while it is loading, unloading or hoteling, including the time spent when not engaged in cargo operations;
2022/03/21
Committee: TRAN
Amendment 481 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 58
(58) ‘shore-side electricity supply’ means the provision of shore-side electrical power through a standardised interfacefixed, floating or mobile installation to seagoing ships or inland waterway vessels at berth;
2022/03/21
Committee: TRAN
Amendment 483 #

2021/0223(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 59
(59) ‘smart recharging’ means a recharging operation in which the intensity of electricity delivered to the battery is adjusted in real-time, based on information received through electronica standardised communication protocol;
2022/03/21
Committee: TRAN
Amendment 500 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 1 – indent 2
– in their territory, publicly accessible recharging stations dedicated to light-duty vehicles are deployed in a territorially balanced manner that provide sufficient power output for those vehicles.
2022/03/21
Committee: TRAN
Amendment 507 #
2022/03/21
Committee: TRAN
Amendment 512 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) for each battery electric light-duty vehicle registered in their territory, a total power output of at least 13 kW is provided through publicly accessible recharging stations; and
2022/03/21
Committee: TRAN
Amendment 520 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) for each plug-in hybrid light-duty vehicle registered in their territory, a total power output of at least 0.662 kW is provided through publicly accessible recharging stations.
2022/03/21
Committee: TRAN
Amendment 530 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a – introductory part
(a) along or in the immediate vicinity of the TEN-T core network, publicly accessible recharging pools dedicated to light-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 60 km in-between them:
2022/03/21
Committee: TRAN
Amendment 537 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a – point i
(i) by 31 December 2025, each recharging pool shall offer a power output of at least 3600 kW and include at least onetwo recharging stations with an individual power output of at least 15300 kW;
2022/03/21
Committee: TRAN
Amendment 539 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point a – point ii
(ii) by 31 December 2030, each recharging pool shall offer a power output of at least 61200 kW and include at least two recharging stations with an individual power output of at least 15300 kW;
2022/03/21
Committee: TRAN
Amendment 546 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
(b) along or in the immediate vicinity of the TEN-T comprehensive network, publicly accessible recharging pools dedicated to light-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 60 km in-between them:
2022/03/21
Committee: TRAN
Amendment 550 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – point i
(i) by 31 December 2030, each recharging pool shall offer a power output of at least 3600 kW and include at least one recharging station with an individual power output of at least 15300 kW;
2022/03/21
Committee: TRAN
Amendment 553 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – point ii
(ii) by 31 December 2035, each recharging pool shall offer a power output of at least 61200 kW and include at least two recharging stations with an individual power output of at least 15300 kW.
2022/03/21
Committee: TRAN
Amendment 561 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 2 a (new)
2 a. The minimum distance requirement laid down in paragraph 2 - points (a) and (b) shall not apply to sections with a traffic density of less than [ ] vehicles per week. For such sections, Member States shall ensure an adequate distance in accordance with the sections traffic demands.
2022/03/21
Committee: TRAN
Amendment 562 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 2 b (new)
2 b. In case of rapid market uptake in any relevant reporting period, Member States should shorten the deadlines under points (a) and (b) accordingly and increase the targets for recharging pools accordingly.
2022/03/21
Committee: TRAN
Amendment 563 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 3
3. Neighbouring Member States shall ensure that the maximum distances referred to in paragraph 2 - points (a) and (b) are not exceeded for cross-border sections of the TEN-T core and, unless economically unfeasible, of the TEN-T comprehensive network.
2022/03/21
Committee: TRAN
Amendment 569 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 3 a (new)
3 a. Paragraph 1 and 2 shall not apply to the outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
2022/03/21
Committee: TRAN
Amendment 573 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 3 b (new)
3 b. Member States shall ensure that targets in densely populated areas and regions with high uptake in registered light-duty electricity vehicles are increased accordingly in order to provide the necessary infrastructure and support the market development.
2022/03/21
Committee: TRAN
Amendment 575 #

2021/0223(COD)

Proposal for a regulation
Article 3 – paragraph 3 c (new)
3 c. The Commission should take the necessary measures to ensure the cooperation with third-countries, especially candidates for membership in the EU and those third countries, in which transit corridors connecting Member States, are situated.
2022/03/21
Committee: TRAN
Amendment 578 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a – introductory part
(a) along or in the immediate vicinity of the TEN-T core network, publicly accessible recharging pools dedicated to heavy-duty vehicles and meeting the following requirements are deployed in each direction of travel with a maximum distance of 60 km in-between them:
2022/03/21
Committee: TRAN
Amendment 581 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a – point i
(i) by 31 December 2025, each recharging pool shall offer a power output of at least 142800 kW and include at least onetwo recharging stations with an individual power output of at least 350 kW;
2022/03/21
Committee: TRAN
Amendment 588 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a – point ii
(ii) by 31 December 2030, each recharging pool shall offer a power output of at least 35000 kW and include at least twofour recharging stations with an individual power output of at least 350 kW;
2022/03/21
Committee: TRAN
Amendment 595 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b – point i
(i) by 31 December 2030, each recharging pool shall offer a power output of at least 1400 kW and include at least onetwo recharging stations with an individual power output of at least 350 kW;
2022/03/21
Committee: TRAN
Amendment 601 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point b – point ii
(ii) by 1 December 2035, each recharging pool shall offer a power output of at least 3500 kW and include at least two recharging stations with an individual power output of at least 35700 kW;
2022/03/21
Committee: TRAN
Amendment 605 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c
(c) by 31 December 203027, in each safe and secure parking area situated on the TEN-T core network, at least onetwo recharging station dedicated to heavy-duty vehicles with a power output of at least 100 kW isare installed;
2022/03/21
Committee: TRAN
Amendment 610 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
(c a) by 31 December 2030,in each safe and secure parking area, situated on the TEN-T comprehensive network, at least one recharging station dedicated to heavy- duty vehicles with a power output of at least 100 kW is installed;
2022/03/21
Committee: TRAN
Amendment 616 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point d
(d) by 31 December 2025, in each urban node publicly accessible recharging points dedicated to heavy-duty vehicles providing an aggregated power output of at least 61200 kW are deployed, provided by recharging stations with an individual power output of at least 15300 kW;
2022/03/21
Committee: TRAN
Amendment 624 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point e
(e) by 31 December 2030, in each urban node publicly accessible recharging points dedicated to heavy-duty vehicles providing an aggregated power output of at least 12400 kW are deployed, provided by recharging stations with an individual power output of at least 15300 kW.
2022/03/21
Committee: TRAN
Amendment 626 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
(e a) Member States shall ensure that the grid connection and the grid capacity necessary is provided.
2022/03/21
Committee: TRAN
Amendment 634 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 2 a (new)
2 a. Paragraph 1 shall not apply to the outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
2022/03/21
Committee: TRAN
Amendment 640 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 2 b (new)
2 b. The Commission should take the necessary measures to ensure the cooperation with third countries, especially candidates for membership in the EU and those third countries, in which transit corridors connecting Member States are situated.
2022/03/21
Committee: TRAN
Amendment 641 #

2021/0223(COD)

Proposal for a regulation
Article 4 – paragraph 2 c (new)
2 c. The Commission should review, if necessary, the targets set in this regulation for electric recharging infrastructure dedicated to heavy-duty vehicles to align them with the new requirements set in the updated regulation EU 2019/1242 on the CO2 emission standards for heavy-duty vehicles.
2022/03/21
Committee: TRAN
Amendment 655 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point a – introductory part
(a) operators of recharging points shall, at publicly accessible recharging stations with a power output below 50 kW, deployed from the date referred to in Article 24, accept electronic payments through terminals and devices used for payment services, including at least one of the following:
2022/03/21
Committee: TRAN
Amendment 662 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point a – point iii
(iii) devices using an internet connection with which for instance a Quick Response code can be specifically generated and used for the payment transaction;deleted
2022/03/21
Committee: TRAN
Amendment 668 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b
(b) operators of recharging points shall, at publicly accessible recharging stations with a power output equal to or more than 50 kW, deployed from the date referred to in Article 24, accept electronic payments through terminals and devices used for payment services, including at least one of the following: (i) payment card readers; (ii) devices with a contactless functionality that is at least able to read payment cards.deleted
2022/03/21
Committee: TRAN
Amendment 674 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b – point i
(i) payment card readers;deleted
2022/03/21
Committee: TRAN
Amendment 678 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b – point ii
(ii) devices with a contactless functionality that is at least able to read payment cards.deleted
2022/03/21
Committee: TRAN
Amendment 684 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
From 1 January 2027 onwards, operators of recharging points shall ensure that all publicly accessible recharging stations with a power output equal to or more than 50 kW operated by them comply with the requirement in point (b)of this paragraph.
2022/03/21
Committee: TRAN
Amendment 686 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
The requirements laid down in points (a) and (b)this paragraph shall not apply to publicly accessible recharging points that do not require payment for the recharging service.
2022/03/21
Committee: TRAN
Amendment 698 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 5 – introductory part
5. Operators of recharging points shall clearly display the ad hoc price and all its componentsin price per kWh at all publicly accessible recharging stations operated by them so that these are known to end users before they initiate a recharging session. At least the following price components, if applicable at the recharging station, shall be clearly displayed:
2022/03/21
Committee: TRAN
Amendment 702 #
2022/03/21
Committee: TRAN
Amendment 707 #
2022/03/21
Committee: TRAN
Amendment 713 #
2022/03/21
Committee: TRAN
Amendment 717 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 6
6. Prices charged by mobility service providers to end users shall be reasonable, and affordable, transparent and non- discriminatory. Mobility service providers shall make available to end users all applicable price information, prior to the start of the recharging session, and specific to their intended recharging session, through freely available, widely supported electronic means, clearly distinguishing the price components charged by the operator of recharging point, applicable e-roaming costs and other fees or charges applied by the mobility service provider. The fees shall be reasonable and affordable, transparent and non- discriminatory. No extra charges for cross- border e-roaming shall be applied.
2022/03/21
Committee: TRAN
Amendment 720 #

2021/0223(COD)

Proposal for a regulation
Article 5 – paragraph 7
7. From the date referred to in Article 24, operators of recharging points shall ensure that all newly built publicly accessible recharging points operated by them are digitally-connected recharging points and include e-roaming functionality. All existing recharging points have to fulfil this requirement by 31 December 2025.
2022/03/21
Committee: TRAN
Amendment 725 #

2021/0223(COD)

8. From the date referred to in Article 24, operators of recharging points shall ensure that all newly built publicly accessible normal power recharging points operated by them are capable of smart recharging. All existing recharging points have to fulfil this requirement by 31 December 2025.
2022/03/21
Committee: TRAN
Amendment 737 #

2021/0223(COD)

Proposal for a regulation
Article 5 a (new)
Article 5 a Electric road systems 1. Member States may deploy electric road systems such as contactless inductive charging or overhead line technology and account these towards the achievement of the total power output targets for light commercial vehicles set out in Article 3 paragraph 1 - point (a) and (b) and the charging infrastructure targets for heavy commercial vehicles set out in Article 4 paragraph 1 -point (a) and (b). 2. Member States shall ensure that, in the case of the use of electric road systems, the overall objectives of stationary charging infrastructure set out in Article 3 and Article 4 of this Regulation are achieved to the same extent.
2022/03/21
Committee: TRAN
Amendment 742 #

2021/0223(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that, in their territory, a minimum number of publicly accessible hydrogen refuelling stations are put in place by 31 December 203027.
2022/03/21
Committee: TRAN
Amendment 753 #

2021/0223(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
To that end Member States shall ensure that by 31 December 203027 publicly accessible hydrogen refuelling stations with a minimum capacity of 2 t/day and equipped with at least a 700 bars dispenser are deployed with a maximum distance of 150 km in-between them along the TEN-T core and the TEN-T comprehensive network. Liquid hydrogen shall be made available at publicly accessible refuelling stations with a maximum distance of 4350 km in-between them.
2022/03/21
Committee: TRAN
Amendment 766 #

2021/0223(COD)

Proposal for a regulation
Article 6 – paragraph 3 a (new)
3 a. Paragraph 1 shall not apply to outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
2022/03/21
Committee: TRAN
Amendment 768 #

2021/0223(COD)

Proposal for a regulation
Article 6 – paragraph 3 b (new)
3 b. The Commission should take the necessary measures to ensure cooperation with third countries, especially candidates for membership in the EU and those third countries in which transit corridors connecting Member States are situated.
2022/03/21
Committee: TRAN
Amendment 788 #
2022/03/21
Committee: TRAN
Amendment 793 #

2021/0223(COD)

Proposal for a regulation
Article 8 – paragraph 1
Member States shall ensure until 1 January 2025 that an appropriate number of publicly accessible refuelling points for LNG, LPG ad CNG are put in place, at least along the TEN-T core network, in order to allow LNG, LPG and CNG heavy-duty motor vehicles to circulate throughout the Union, where there is demand, unless the costs are disproportionate to the benefits, including environmental benefits.
2022/03/21
Committee: TRAN
Amendment 799 #

2021/0223(COD)

Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 (new)
To this end, Member States take the necessary measures to ensure that, by 31 December 2030:
2022/03/21
Committee: TRAN
Amendment 800 #

2021/0223(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point a (new)
(a) In urban areas, CNG stations are installed according to a spatial density criterion, ensuring that one station covers a catchment area of 20 km², in order to promote the use of natural gas and biomethane in cities, including for public transport. Member States may assess stricter parameters for LNG, LPG and CNG stations in urban and suburban areas where air quality is particularly poor;
2022/03/21
Committee: TRAN
Amendment 801 #

2021/0223(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point b (new)
(b) LNG, LPG and CNG refuelling infrastructures are built in correspondence of road infrastructures such as motorways, facilitating their access to the public.
2022/03/21
Committee: TRAN
Amendment 803 #

2021/0223(COD)

Proposal for a regulation
Article 8 – paragraph 1 a (new)
Without prejudice to paragraph 1, Member States shall support the installation of LNG, LPG and CNG refuelling stations also at logistic centres, depots or multipurpose refuelling stations in ports, as well as at airports for the refuelling of ground-moving vehicles such as vehicles for the transport of passengers.
2022/03/21
Committee: TRAN
Amendment 804 #

2021/0223(COD)

Proposal for a regulation
Article 8 – paragraph 1 b (new)
Further targets, including for the TEN-T comprehensive network, shall be set by Member States, in accordance with reasonable national and EU-wide market share and transit traffic share indicators, allowing for unhindered use of the LNG, CNG and LPG fleets.
2022/03/21
Committee: TRAN
Amendment 805 #

2021/0223(COD)

Proposal for a regulation
Article 8 – paragraph 1 c (new)
All newly-built infrastructure for LNG, CNG and LPG should be compatible with renewable fuels and allowing for progressive blending with and the gradual replacement of alternative fossil fuels.
2022/03/21
Committee: TRAN
Amendment 806 #

2021/0223(COD)

Proposal for a regulation
Article 8 – paragraph 1 d (new)
The Commission shall take the necessary measures to ensure the cooperation with third-countries, especially candidates for membership in the EU and those third countries, in which transit corridors, connecting Member Stats, are situated.
2022/03/21
Committee: TRAN
Amendment 807 #

2021/0223(COD)

Proposal for a regulation
Article 8 – paragraph 1 e (new)
The provisions of this Article shall not apply to the outermost regions and islands, if the costs are disproportionate to the benefits, including environmental benefits. In such a case, Member States shall reasonably explain their decision and shall make available that information on their national policy frameworks.
2022/03/21
Committee: TRAN
Amendment 809 #

2021/0223(COD)

Proposal for a regulation
Article 8 a (new)
Article 8 a Renewable fuels infrastructure 1. Member States shall plan the development of infrastructure for all renewable fuels, following the assessment of National policy frameworks and of market and transit traffic shares and market projections, made by the Commission by 1 December 2026 at the latest. 2. The Commission shall, when revising this Regulation, include binding targets for renewable fuels infrastructure based on national reports, Commission analysis based on national and EU-wide market share and transit traffic share indicators.
2022/03/21
Committee: TRAN
Amendment 847 #

2021/0223(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point c a (new)
(c a) the ports shall decide the implementation of points (a), (b) and (c) requirements in accordance with number of calls by terminal.
2022/03/21
Committee: TRAN
Amendment 873 #

2021/0223(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. Where the maritime port of the TEN-T core network and the TEN-T comprehensive network is located on an island which is not connected directly to the electricity grid or in an outermost region, paragraph 1 shall not apply, until such a connection has been completed or there is a sufficient locally generated capacity from clean energy sources. , or if the costs are disproportionate to the benefits, including environmental benefits.
2022/03/21
Committee: TRAN
Amendment 887 #

2021/0223(COD)

Proposal for a regulation
Article 9 – paragraph 3 a (new)
3 a. Member States shall ensure sufficient grid capacity and connection, power reserve and frequency conversion to the ports.
2022/03/21
Committee: TRAN
Amendment 897 #

2021/0223(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)
(b a) sufficient grid capacity and connection, power reserve and frequency conversion to the ports are available.
2022/03/21
Committee: TRAN
Amendment 927 #

2021/0223(COD)

Proposal for a regulation
Article 12 – paragraph 1 – introductory part
1. Member States shall ensure that airport managing bodies and suppliers of groundhandling services of all TEN-T core and comprehensive network airports ensure the provision of electricity supply, through any technology available to them, to stationary aircraft by:
2022/03/21
Committee: TRAN
Amendment 933 #

2021/0223(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 (new)
Short-term parking positions such as de- icing positions, parking positions in military areas and parking positions for general air traffic (below 5,7 to MTOW) shall not be covered by this paragraph.
2022/03/21
Committee: TRAN
Amendment 938 #

2021/0223(COD)

Proposal for a regulation
Article 12 – paragraph 2 a (new)
2 a. Where the airport of the TEN-T core network or the TEN-T comprehensive network is located on an island which is not connected directly to the electricity grid or in an outermost region, paragraph 1 shall not apply until such a connection has been completed or there is sufficient locally generated capacity from clean energy sources or if the costs are disproportionate to the benefits, including environmental benefits.
2022/03/21
Committee: TRAN
Amendment 948 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. By 1 January 2024, each Member State shall, jointly with regional, national and local authorities prepare and send to the Commission a draft national policy framework for the development of the market as regards alternative fuels in the transport sector and the deployment of the relevant infrastructure. The national policy framework shall be based on detailed market and traffic shares, especially for transit traffic, data monitoring and include detailed market projections.
2022/03/21
Committee: TRAN
Amendment 953 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point a
(a) an assessment of the current state and future development of the market as regards alternative fuels in the transport sector, and of the development of alternative fuels infrastructure, considering intermodal access of alternative fuels infrastructure and, where relevant, cross- border continuity and mobility and accessibility between outermost regions and between them and the mainland;
2022/03/21
Committee: TRAN
Amendment 981 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point k a (new)
(k a) measures to ensure that the density of publicly accessible alternative fuels infrastructure available at national level takes into account the population density and the number of registrations of vehicles, powered by alternative fuels in the local area based on NUTS 3 level in accordance with the latest NUTS classification;
2022/03/21
Committee: TRAN
Amendment 986 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point l
(l) a deployment plan for alternative fuels infrastructure in airports other than for electricity supply to stationary aircraft, in particular for hydrogen, hydrogen derived fuels and electric recharging for aircrafts;
2022/03/21
Committee: TRAN
Amendment 1000 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point o
(o) a deployment plan for alternative fuels in inland waterway transport, in particular for both hydrogen and, electricity and other relevant alternative fuels;
2022/03/21
Committee: TRAN
Amendment 1009 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point p a (new)
(p a) a comprehensive investment plan laying out the investments necessary to achieve the targets set in the national policy framework and which shall also include the infrastructures outside the TEN-T network;
2022/03/21
Committee: TRAN
Amendment 1017 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point p b (new)
(p b) a deployment plan for grid connections and capacity.
2022/03/21
Committee: TRAN
Amendment 1019 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
1 a. Without prejudice to paragraph 1 and before the deadline set therein, Member States are invited to submit preliminary national policy frameworks in order to ensure a smooth and quick development and deployment of the infrastructure. When a Member State decides to hand in a preliminary national policy framework, the Commission shall assess the preliminary national policy framework and issue recommendations no later than six months after the submission of the preliminary national policy frameworks.
2022/03/21
Committee: TRAN
Amendment 1021 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 2
2. Member States shall ensure that the national policy frameworks take into account the needs of the different regions and transport modes existing on their territory, including those for which limited alternatives to fossil fuels are available.
2022/03/21
Committee: TRAN
Amendment 1028 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. Member States shall ensure that national policy frameworks take into account, as appropriate, the interests of regional and local authorities, in particular when recharging and refuelling infrastructure for public transport is concerned, as well as those of all the stakeholders concerned.
2022/03/21
Committee: TRAN
Amendment 1031 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 3 a (new)
3 a. Members States, in their policy frameworks, shall take into account regional disparities and pay special attention to less developed regions (at NUTS-2 level), especially those with Regional GDP (PPS per inhabitant in % of the EU 27) under 50.
2022/03/21
Committee: TRAN
Amendment 1033 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 4
4. Where necessary, Member States shall cooperate, by means of consultations or joint policy frameworks, to ensure that the measures required to achieve the objectives of this Regulation are coherent and coordinated. In particular, Member States shall cooperate on the strategies to use alternative fuels and deployment of corresponding infrastructure in waterborne transport. The Commission shall assist the Member States in the cooperation process. The European Coordinators, in line with Article 45 of Regulation (EU) No 1315/2013, shall be consulted.
2022/03/21
Committee: TRAN
Amendment 1034 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 4 a (new)
4 a. The Commission should take the necessary measures to ensure cooperation with third countries, especially candidates for membership in the EU and those third countries in which transit corridors connecting Member States are situated.
2022/03/21
Committee: TRAN
Amendment 1040 #

2021/0223(COD)

Proposal for a regulation
Article 13 – paragraph 7 – point b a (new)
(b a) if policies and measures are geographically distributed across the regions within the Member State.
2022/03/21
Committee: TRAN
Amendment 1043 #

2021/0223(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Each Member State shall submit to the Commission a standalone progress report on the implementation of its national policy framework for the first time by 1 January 20276 and every two years thereafter.
2022/03/21
Committee: TRAN
Amendment 1050 #

2021/0223(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. The regulatory authority of a 3. Member States shall assess, at the latest by 30 June 2024 and periodically every three years thereafter, how the deployment and operation of recharging points could enable electric vehicles to further contribute to the flexibility of the energy system, including their participation in the balancing market, and to the further absorption of renewable electricity. That assessment shall take into account all types of recharging points, whether public or private, and provide recommendations in terms of type, supporting technology and geographical distribution in order to facilitate the ability of users to integrate their electric vehicles in the system. It shall be made publicly available. On the basis of the results of the assessment, Member States shall, if necessary, take the appropriate measures for the deployment of additional recharging points and include them in their progress report referred to in paragraph 1. The assessment and measures shall be taken into account by the system operators in the network development plans referred to in Article 32(3) and Article 51 of Directive (EU) 2019/944.
2022/03/21
Committee: TRAN
Amendment 1053 #

2021/0223(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. On the basis of input from transmission system operators and distribution system operators, the regulatory authority of a Member States shall assess, at the latest by 1 30 June 2024 and periodically every three years thereafter, the potential contribution of bidirectional charging to the penetration of renewable electricity into the electricity system. That assessment shall be made publicly available. On the basis of the results of the assessment, Member States shall take, if necessary, the appropriate measures to adjust the availability and geographical distribution of bidirectional recharging points, in both public and private areas and include them in their progress report referred to in paragraph 1.
2022/03/21
Committee: TRAN
Amendment 1055 #

2021/0223(COD)

Proposal for a regulation
Article 15 – paragraph 3 – introductory part
3. The Commission shall submit to the European Parliament and to the Council a report on its assessment of the progress reports pursuant to Article 14(1) one yearsix months after submission of the national progress reports by the Member States. This assessment shall contain an assessment of:
2022/03/21
Committee: TRAN
Amendment 1062 #

2021/0223(COD)

Proposal for a regulation
Article 15 – paragraph 4 – point b
(b) the number of publicly accessible hydrogen and other renewable fuels refuelling points;
2022/03/21
Committee: TRAN
Amendment 1076 #

2021/0223(COD)

Proposal for a regulation
Article 15 – paragraph 4 – point j a (new)
(j a) the alternative fuel infrastructure in outermost regions and islands.
2022/03/21
Committee: TRAN
Amendment 1079 #

2021/0223(COD)

Proposal for a regulation
Article 15 – paragraph 4 a (new)
4 a. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and every third year until 2050, the results of an evaluation on the functioning of this Regulation, with emphasis on this Regulation’s effects on the functioning of the single market, the competitiveness of affected sectors and the magnitude of carbon leakage.
2022/03/21
Committee: TRAN
Amendment 1081 #

2021/0223(COD)

Proposal for a regulation
Article 15 – paragraph 4 c (new)
4 c. The Commission shall consider possible amendments to this Regulation with regards to regulatory simplification. The Commission and the competent authorities in the Member States shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Regulation, keeping administrative burdens to a minimum.
2022/03/21
Committee: TRAN
Amendment 1084 #

2021/0223(COD)

Proposal for a regulation
Article 16 – paragraph 2 a (new)
2 a. The European Parliament shall be duly informed by the Commission about measures taken in accordance with paragraph 2.
2022/03/21
Committee: TRAN
Amendment 1106 #

2021/0223(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point a – point iv a (new)
(iv a) accessibility for heavy-duty vehicles, including height, length and width restrictions of the recharging and refuelling points.
2022/03/21
Committee: TRAN
Amendment 1109 #

2021/0223(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point b – point ii
(ii) type and availability of connector,
2022/03/21
Committee: TRAN
Amendment 1119 #

2021/0223(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii a (new)
(iii a) if applicable, price for parking,
2022/03/21
Committee: TRAN
Amendment 1121 #

2021/0223(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point c – point iii b (new)
(iii b) if applicable, time limit for parking,
2022/03/21
Committee: TRAN
Amendment 1122 #
2022/03/21
Committee: TRAN
Amendment 1123 #

2021/0223(COD)

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 (new)
Operators of publicly accessible recharging and refuelling points or, in accordance with the arrangement between them, the owners of those points, shall not be obliged to disclose static or dynamic data that would result in the disclosure of company confidential data.
2022/03/21
Committee: TRAN
Amendment 1128 #

2021/0223(COD)

Proposal for a regulation
Article 18 – paragraph 3
3. Member States shall ensure the accessibility of data, not including company confidential data, on an open and non- discriminatory basis to all stakeholders through their National Access Point in application of Directive 2010/40/EU of the European Parliament and the Council67 . _________________ 67 Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (OJ L 207, 6.8.2010, p. 1).
2022/03/21
Committee: TRAN
Amendment 1140 #

2021/0223(COD)

Proposal for a regulation
Article 21 a (new)
Article 21 a Compensatory regulatory reduction The Commission shall present, at the latest one year after the entry into force of this Regulation, and in line with its communication on the application of the “one in, one out ”principle 1a , proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU Regulations that generate unnecessary compliance costs in the affected sectors. _________________ 1a EC press release on the working methods of the von der Leyen Commission, 4 December 2019.
2022/03/21
Committee: TRAN
Amendment 1142 #

2021/0223(COD)

Proposal for a regulation
Article 22 – paragraph 1
By 31 December 2026, the Commission shall review this Regulation, and, where appropriate,paying special attention to the appropriateness of the targets and infrastructure requirements set within this Regulation. If it finds that one or more provisions are not appropriate any more or new technologies have emerged, the Commission shall submit a proposal to amend ithis Regulation.
2022/03/21
Committee: TRAN
Amendment 1149 #

2021/0223(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point b – indent 8
– Shore side electricity supply at maritime ports of the TEN-T core and TEN-T comprehensive network, including exact location (port), grid capacity, and capacity of each installation within the port;
2022/03/21
Committee: TRAN
Amendment 51 #

2021/0213(CNS)

Proposal for a directive
Recital 11
(11) Member States should also replicate at any time the ranking of minimum levels of taxation as laid down in the annex in relation to different products for each given use in order to ensure an environmentally tailored structure of rates. The minimum levels of energy taxation should be automatically aligned every year to take into account the evolution of their real value in order to preserve the current level of rate harmonization and therefore reduce the volatility stemming from energy and food prices. This alignment should be made on the basis of the changes in the Union-wide harmonised index of consumer prices excluding energy and unprocessed food as published by Eurostat.
2022/03/16
Committee: TRAN
Amendment 89 #

2021/0213(CNS)

Proposal for a directive
Recital 35
(35) Reference should be made to the version presently applicable of the Combined Nomenclature. In order to ensure that the references to Combined Nomenclature (CN) codes in this Directive are updated whenever necessary, and that the minimum rates of taxation reflect prices evolution, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of updating the reference to those CN codes, and in respect of updating the minimum tax rates based on yearly variations of the consumer price index. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the Council receives all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
2022/03/16
Committee: TRAN
Amendment 94 #

2021/0213(CNS)

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Where Directive 2012/27/EU or Directive (EU) 2018/2001, as the case may be, do not contain a net calorific value for the product concerned, Member States shall refer to relevant available information on its net calorific value. The Commission shall add a conversion table per each energy product and electricity summarizing energy content- based minimum rates per volume unit.
2022/03/16
Committee: TRAN
Amendment 98 #

2021/0213(CNS)

Proposal for a directive
Article 2 – paragraph 8 – subparagraph 2
Those delegated acts shall not result in any changes in the minimum tax rates set in this Directive or in the addition or removal of any energy products and electricity. The Commission shall attach codes of the Combined Nomenclature to Annex I.
2022/03/16
Committee: TRAN
Amendment 105 #

2021/0213(CNS)

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2
For the purposes of ranking mentioned in the first subparagraph, electricity shall be considered together with other motor fuels and heating fuels indicated in Tables B and C of Annex I, except when Member States apply a specific level of taxation to electricity used to charge electric vehicles and plug-in hybrid vehicles, in which case electricity shall be considered together with motor fuels indicated in Table A of Annex I, unless otherwise specified in this Directive.
2022/03/16
Committee: TRAN
Amendment 106 #

2021/0213(CNS)

Proposal for a directive
Article 5 – paragraph 2
2. The minimum levels of taxation laid down in this Directive shall be adapted every year starting from 1 January 2024 to take account of the changes in the harmonised index of consumer prices excluding energy and unprocessed food as published by Eurostat. The minimum levels shall be adapted automatically, by increasing or decreasing the base amount in euro by the percentage change in that index over the preceding calendar year. The Commission is empowered to adopt delegated acts in accordance with Article 29 to amend the minimum levels of taxation as referred to in the first subparagraph.deleted
2022/03/16
Committee: TRAN
Amendment 111 #

2021/0213(CNS)

Proposal for a directive
Article 7 – paragraph 2
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table A of Annex I, the increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033.
2022/03/16
Committee: TRAN
Amendment 115 #

2021/0213(CNS)

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table B of Annex I, the increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033.
2022/03/16
Committee: TRAN
Amendment 118 #

2021/0213(CNS)

Proposal for a directive
Article 9 – paragraph 2
Without prejudice to Article 5(2), when a transitional period is applicable as provided for in Table C of Annex I, the increase in the minimum levels of taxation shall be fixed at one tenth per year until 1 January 2033. For low-carbon fuels, the minimum level of taxation set for the first year of the transitional period shall apply until 1 January 2033.
2022/03/16
Committee: TRAN
Amendment 120 #

2021/0213(CNS)

Proposal for a directive
Article 11 – paragraph 1
1. Member States may express their national levels of taxation in units other than that specified in Articles 7 to 10 provided that the corresponding levels of taxation, following conversion into those units, are not below the minimum levels specified in this Directive in accordance with the conversion table.
2022/03/16
Committee: TRAN
Amendment 121 #

2021/0213(CNS)

Proposal for a directive
Article 13 – paragraph 2
2. By derogation from paragraph 1, Member States may, for reasons of environmental policy, subject the products referred to in paragraph 1 to taxation without having to respect the minimum levels of taxation laid down in this Directive. In such case, the taxation of those products shall replicate the ranking between the minimum levels of taxation as laid down in Annex I and shall not be taken into account for the purposes of satisfying the minimum level of taxation on electricity laid down in Article 10.deleted
2022/03/16
Committee: TRAN
Amendment 134 #

2021/0213(CNS)

Proposal for a directive
Article 14 – paragraph 5 – introductory part
5. Member States mayshall apply under fiscal control total or partial exemptions to electricity supplied to stationary aircrafts.
2022/03/16
Committee: TRAN
Amendment 142 #

2021/0213(CNS)

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Over a transitional period of ten years, minimum rates of zero shall apply to liquefied natural gas, sustainable biofuels and biogas, low- carbon-fuels, renewable fuels of non- biological origin, advanced sustainable biofuels and biogas and electricity.
2022/03/16
Committee: TRAN
Amendment 159 #

2021/0213(CNS)

Proposal for a directive
Article 15 – paragraph 5
5. Member States mayshall apply under fiscal control total or partial exemptions to electricity directly supplied to vessels berthed in ports.
2022/03/16
Committee: TRAN
Amendment 164 #

2021/0213(CNS)

Proposal for a directive
Article 16 – paragraph 1 – introductory part
Without prejudice to other Union provisions, Member States mayshall apply under fiscal control exemptions or reductions in the level of taxation to:
2022/03/16
Committee: TRAN
Amendment 185 #

2021/0213(CNS)

Proposal for a directive
Article 29 – paragraph 2
2. The power to adopt the delegated acts referred to in Article 2(8) and Article 5(2) shall be conferred on the Commission for an indeterminate period of time from 1 January 2023.
2022/03/16
Committee: TRAN
Amendment 187 #

2021/0213(CNS)

Proposal for a directive
Article 29 – paragraph 3
3. The delegation of power referred to in Article 2(8) and Article 5(2) may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2022/03/16
Committee: TRAN
Amendment 188 #

2021/0213(CNS)

Proposal for a directive
Article 29 – paragraph 6
6. A delegated act adopted pursuant to Article 2(8) and Article 5(2) shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the Council or if, before the expiry of that period, the Council have informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council.
2022/03/16
Committee: TRAN
Amendment 190 #

2021/0213(CNS)

Proposal for a directive
Article 31 – paragraph 1
Every five years and for the first time five years after 1 January 2023, the Commission shall perform a review of this Directive and submit to the Council a report on the application of this Directive, and, if needed, publish a new proposal.
2022/03/16
Committee: TRAN
Amendment 198 #

2021/0213(CNS)

Proposal for a directive
Annex I – Part A – table
Final rate after completion of Start of transitional transitional period period (01.01.2023) (01.01.2033) before indexation Petrol 10,75 10,75 Gasoil 10,75 10,75 Kerosene 10,75 10,75 Non-sustainable biofuels 10,75 10,75 Liquefied Petroleum Gas (LPG) 7,175,38 10,75 Natural gas 7,175,38 10,75 Non-sustainable biogas 7,175,38 10,75 Non renewable fuels of non-biological origin 7,17 10,75 Sustainable food and feed crop biofuels 5,380,15 10,757,17 Sustainable food and feed crop biogas 5,380,15 10,757,17 Sustainable biofuels 5,380,00 5,38 Sustainable biogas 5,380,00 5,38 Low-carbon fuels 0,1500 5,38 Renewable fuels of non-biological origin 0,1500 0,15 Advanced sustainable biofuels and biogas 0,15 0,15 00 0,15 Electricity 0,00 0,15 Table A.1 - Maximum levels of taxation applicableto electricity for the purposes of Article 7 (in EUR/Gigajoule) Transitional period (01.01.2023 - 01.01.2033) Electricity 0,15
2022/03/10
Committee: TRAN
Amendment 200 #

2021/0213(CNS)

Proposal for a directive
Annex I – Part B – table
Start of transitional Final rate after period (01.01.2023) completion of transitional period (01.01.2033) before indexation Gas oil 0,9 0,9 Heavy fuel oil 0,9 0,9 Kerosene 0,9 0,9 Non-sustainable biofuels 0,9 0,9 Liquefied Petroleum Gas (LPG) 0,600 0,9 Natural gas 0,600 0,9 Non-sustainable biogas 0,600 0,9 Non renewable fuels of non-biological 0,6 0,9 origin Sustainable food and feed crop biofuels 0,415 0,9 Sustainable food and feed crop biogas 0,415 0,9 Sustainable biofuels 0,4500 0,45 Sustainable biogas 0,4500 0,45 Low-carbon fuels 0,1500 0,45 Renewable fuels of non-biological origin 0,1500 0,15 Advanced sustainable biofuels and biogas 0,15 0,15 00 0,15 Electricity 0,00 0,15 Table B.1 - Maximum levels of taxation applicable to electricity for the purposes set out in Article 8(2) (in EUR/Gigajoule) Transitional period (01.01.2023 - 01.01.2033) Electricity 0,15
2022/03/10
Committee: TRAN
Amendment 202 #

2021/0213(CNS)

Proposal for a directive
Annex I – Part C – table
Final rate after completion of Start of transitional transitional period period (01.01.2023) (01.01.2033) before indexation Gas oil 0,9 0,9 Heavy fuel oil 0,9 0,9 Kerosene 0,9 0,9 Coal and coke 0,9 0,9 Non-sustainable bioliquids 0,9 0,9 0,9 Non-sustainable solid products falling within 0,9 0,9 0,9 CN codes 4401 and 4402 Liquefied Petroleum Gas (LPG) 0,6 0,9 0,9 Natural gas 0,6 0,9 0,9 Non-sustainable biogas 0,6 0,9 Non renewable fuels of non-biological origin 0,6 0,9 0,9 Sustainable food and feed crop bioliquids 0,45 15 0,9 Sustainable food and feed crop biogas 0,45 15 0,9 Sustainable bioliquids 0,45 00 0,45 Sustainable biogas 0,45 00 0,45 Sustainable solid products falling within CN 0,45 0,00 0,45 codes 4401 and 4402 Low-carbon fuels 0,15 00 0,45 Renewable fuels of non-biological origin 0,15 00 0,15 Advanced sustainable bioliquids, biogas and products falling within CN codes 4401 and 0,15 0,15 4402 00 0,15 4402 Electricity 0,00 0,15 Table C.1 - Maximum levels of taxation applicable to electricity used for heating (in EUR/Gigajoule) Transitional period (01.01.2023 - 01.01.2033) Electricity 0,15
2022/03/10
Committee: TRAN
Amendment 204 #

2021/0213(CNS)

Proposal for a directive
Annex I – Part D – table
Table D. — Minimum levels of taxation applicable to electricity (in EUR/Gigajoule) Final rate after completion of Start of transitional transitional period period (01.01.2023) (01.01.2033) before indexation Electricity 0,1500 0,15 Table D.1 - Maximum levels of taxation applicable to electricity (in EUR/Gigajoule) Transitional period (01.01.2023 - 01.01.2033) Electricity 0,15
2022/03/10
Committee: TRAN
Amendment 174 #

2021/0210(COD)

Proposal for a regulation
Recital 1
(1) Maritime transport accounts for around 75% of EU external trade and 31% of EU internal trade in terms of volume. At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11% of all EU CO2 emissions from transport and 3-4% of total EU CO2 emissions. 400 million passengers embark or disembark annually in ports of Member States, including around 14 million on cruise ships. Maritime transport is therefore an essential component of Europe’s transport system and plays a critical role for the European economy. The maritime transport market is subject to strong competition between economic actors in the Union and beyond for which a level playing field is indispensable. The stability and prosperity of the maritime transport market and its economic actors rely on a clear and harmonised policy framework where maritime transport operators, ports and other actors in the sector can operate on the basis of equal opportunities. Where market distortions occur, they risk putting ship operators or ports at a disadvantage compared to competitors within the maritime transport sector or in other transport sectors. In turn, this can result in a loss of competitiveness of the maritime transport industry, fewer jobs and a loss of connectivity for citizens and businesses
2022/02/18
Committee: ITRE
Amendment 175 #

2021/0210(COD)

Proposal for a regulation
Recital 1 a (new)
(1 a) The maritime sector employs 2 million Europeans and contributes 149 billion Euros to the economy. For every million Euros generated in the shipping industry, 1,8 million Euros is generated elsewhere in the EU economy. 1a _________________ 1aEuropean Community Shipowners’ Association report “The Economic Value of the EU Shipping Industry”, 2020.
2022/02/18
Committee: ITRE
Amendment 176 #

2021/0210(COD)

Proposal for a regulation
Recital 1 b (new)
(1 b) Maritime transport is the most environmentally friendly transport mode with significantly lower greenhouse gas emissions per tonne of goods transported compared to other modes.1b At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11% of all EU CO2 emissions from transport and 3-4% of total EU CO2 emissions. _________________ 1b European Environment Agency study,2020, https://www.eea.europa.eu/publications/ra il-and-waterborne-transport
2022/02/18
Committee: ITRE
Amendment 178 #

2021/0210(COD)

Proposal for a regulation
Recital 2
(2) To enhance the Union’s climate commitment under the Paris Agreement and set out the steps to be taken to achieve climate neutrality by 2050, and to translate the political commitment into a legal obligation, the Commission adopted the (amended) proposal for a Regulation of the European Parliament and of the Council on establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law)19 as well as the Communication ‘Stepping up Europe’s 2030 climate ambition’20 . This also integrates the target of reducing greenhouse gas (GHG) emissions by at least 55% compared to 1990 levels by 2030. Accordingly, various complementary policy instruments are needed to motivate the use of sustainably produced renewable and low-carbon fuels, included in the maritime transport sector. The necessary technology development and deployment has to happenbe under way by 2030 to prepare for much more rapid change thereafter. _________________ 19 COM(2020) 563 final 20 COM(2020) 562 final
2022/02/18
Committee: ITRE
Amendment 182 #

2021/0210(COD)

Proposal for a regulation
Recital 3
(3) In the context of fuel transition to renewable and low carbon fuels and substitute sources of energy, it is essential to ensure the proper functioning of and fair competition in the EU maritime transport market regarding marine fuels, which account for a substantial share of ship operators’ costs - typically between 35% and 53% of shipping freight rates. Differences in fuel requirements across Member States of the Union can significantly affect ship operators’ economic performance and negatively impact competition in the market. Due to the international nature of shipping, ship operators may easily bunker in third countries and carry large amounts of fuel. This may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a Member State is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of Member States. This Regulation should lay down measures to ensure that the penetration of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the EU maritime transport market.
2022/02/18
Committee: ITRE
Amendment 185 #

2021/0210(COD)

Proposal for a regulation
Recital 3 a (new)
(3 a) The maritime sector is characterized by fierce international competition, and major differences in regulatory burdens across flag states have exacerbated unwanted practices such as the reflagging of vessels. The sector's intrinsic global character underlines the importance of a favourable regulatory environment, which is a precondition for attracting new investments and safeguarding the competitiveness of European ports, ship owners and operators.
2022/02/18
Committee: ITRE
Amendment 187 #

2021/0210(COD)

Proposal for a regulation
Recital 4 a (new)
(4 a) Given that this Regulation will impose additional compliance costs on the sector, compensatory actions need to be taken in order to prevent the total level of regulatory burden from increasing. The Commission should therefore be obliged to present, before the application of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs for the maritime sector.
2022/02/18
Committee: ITRE
Amendment 188 #

2021/0210(COD)

Proposal for a regulation
Recital 4 b (new)
(4 b) The FuelEU Maritime Regulation should be closely aligned and consistent with the proposal for a Regulation XXXX- XXX (Alternative Fuels Infrastructure Regulation), the proposal for a revision of Directive 2003/87/EC (EUETS), Directive XXXX-XXX (Renewable Energy Directive), and the proposal for a revision of Directive 2003/96/EC (Energy Taxation Directive), in order to ensure a coherent legislative framework for the shipping ecosystem, that contributes to massively increasing the production of alternative fuels, ensures the deployment of the necessary infrastructure and incentivises the use of these fuels in a steadily growing share of vessels.
2022/02/18
Committee: ITRE
Amendment 189 #

2021/0210(COD)

Proposal for a regulation
Recital 4 c (new)
(4 c) The obligation for ports to provide on-shore power supply should be complemented by a corresponding obligation for ships to connect to such charging infrastructure while at berth, in order to ensure effectiveness and avoid stranded assets. Furthermore, the costs associated with on-shore charging should be reduced by permanently exempting electricity supplied to vessels in port from taxation through revisions of the Energy Taxation Directive (XXXX-XXX).
2022/02/18
Committee: ITRE
Amendment 192 #

2021/0210(COD)

Proposal for a regulation
Recital 5 a (new)
(5 a) To ensure a level playing field for ships built to operate in ice-covered waters on their way to, from or between Member State ports, specific information relating to a ship's ice class, and to its navigation through ice, should be considered when calculating GHG emission reductions on a vessel basis, as well as in the data monitored and reported on the basis of the EU MRV Regulation (2015/757).
2022/02/18
Committee: ITRE
Amendment 198 #

2021/0210(COD)

Proposal for a regulation
Recital 9
(9) While instruments such as carbon pricing or targets on the carbon intensity of activity promote improvements in energy efficiency, they are not suited to bring about a significant shift towards renewable and low-carbon fuels in the short and medium term. A specific regulatory approach dedicated to the deployment of renewable and low-carbon marine fuels and substitute sources of energy, such as wind or fossil free electricity, is therefore necessary.
2022/02/18
Committee: ITRE
Amendment 207 #

2021/0210(COD)

Proposal for a regulation
Recital 11
(11) Development and deployment of renewable and low carbon fuels and propulsion technologies with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable maritime fuels in the short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable maritime fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic maritime fuels should be eligible. In particular, sustainable maritime fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise martime transport already in the short term.
2022/02/18
Committee: ITRE
Amendment 208 #

2021/0210(COD)

Proposal for a regulation
Recital 12
(12) Indirect land-use change occurs when the cultivation of crops for biofuels, bioliquids and biomass fuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high- carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels, bioliquids and biomass fuels, and the extent to which land with high-carbon stock is protected worldwide. The level of greenhouse gas emissions caused by indirect land-use change cannot be unequivocally determined with the level of precision required for the establishment of emission factors required by the application of this regulation. However, there is evidence that all fuels produced from feedstock cause indirect land-use change to various degrees. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels, bioliquids or biomass fuels – indirect land-use change poses risks to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. Accordingly, no feed and food crop-based fuels should be promoted. Directive (EU) 2018/2001 already limits and sets a cap on the contribution of such biofuels, bioliquids and biomass to the GHG emissions savings targets in the road and rail transport sector considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns.deleted
2022/02/18
Committee: ITRE
Amendment 210 #

2021/0210(COD)

Proposal for a regulation
Recital 13
(13) However, this approach must be stricter in the maritime sector. The maritime sector has currently insignificant levels of demand for food and feed crops-based biofuels, bioliquids and biomass fuels, since over 99% of currently used marine fuels are of fossil origin. Therefore, the non-eligibility of food and feed crop-based fuels under this Regulation also minimises any risk to slow down the decarbonisation of the transport sector, which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominanetly fuels of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels, bioliquids and biomass fuels by promoting their use under this Regulation. Accordingly, the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop-based fuels require that these fuels be considered to have the same emission factors as the least favourable pathway.deleted
2022/02/18
Committee: ITRE
Amendment 214 #

2021/0210(COD)

Proposal for a regulation
Recital 14
(14) The long lead times associated to the development and deployment of new fuels and energy solutions for maritime transport require rapid action and the establishment of a clear and predictable long-term regulatory framework facilitating planning and investment from all the stakeholders concerned. A clear and stable long-term regulatory framework will facilitate the development and deployment of new fuels and energy solutions for maritime transport, and encourage investment from stakeholders. Such framework should define limits for the greenhouse gas intensity of the energy used on-board by ships, both during navigation and at berth, until 2050. Those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuels. To ensure legal certainty and provide sufficient time for the sector to plan and prepare the long term, as well as to avoid stranded assets, possible future reviews of this Regulation should be limited in scope and avoid significant changes to the requirements.
2022/02/18
Committee: ITRE
Amendment 221 #

2021/0210(COD)

Proposal for a regulation
Recital 15
(15) This Regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. This formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels. The use of substitute sources of energy, such as wind or fossil free electricity, should also be reflected in the methodology.
2022/02/18
Committee: ITRE
Amendment 224 #

2021/0210(COD)

Proposal for a regulation
Recital 17
(17) The well-to-wake performance of renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank- to-wake emissions. The performance of fossil fuels should however only be assessed through the use of default emission factors as provided for by this Regulation.
2022/02/18
Committee: ITRE
Amendment 229 #

2021/0210(COD)

Proposal for a regulation
Recital 19
(19) The use of renewable and fossil free energy sources and alternative propulsion, such asincluding, but not limited to, wind and solar energy, greatly reduces the greenhouse gas intensity of the overall ship energy use. The difficulty to accurately measure and quantify these energy sources (intermittence of the energy use, direct transfer as propulsion, etc.) should not impede their recognition in the overall ship energy use through means of approximations of their contribution to the ship’s energy balance.
2022/02/18
Committee: ITRE
Amendment 233 #

2021/0210(COD)

Proposal for a regulation
Recital 21
(21) The use of on-shore power supply (OPS) abates air pollution produced by ships as well as reduces the amount of GHG emissions generated by maritime transport when at berth. OPS represents an increasingly clean power supply available to ships at berth, in view of the growing renewables share in the EU electricity mix. While only the provision on OPS connection points is covered by Directive 2014/94/EU (Alternative Fuels Infrastructure Directive – AFID), the demand for and, as a result, the deployment of this technology has remained limited. Therefore specific rules should be established to mandate the use of OPS by the most polluting ships in situations where it effectively reduces emissions at a reasonable cost.
2022/02/18
Committee: ITRE
Amendment 237 #

2021/0210(COD)

(23) Exceptions to the use of OPS should also be provided for a number of objective reasons, certified by the managing body of the port of call and, the terminal operator and/or the competent authority, depending on the governance model for ports in the different Member States. These exceptions should be limited to unscheduled port calls for reasons of safety or saving life at sea, for short stays of ships at berth of less than two hours as this is the minimum time required for connection, and for the use of on-board energy generation under emergency situations. In case it is impossible to supply sufficient on-shore power due to weak capacity in the local grid connecting to the port, this should not be considered as a failure neither of the port nor of the ship operator to comply with the requirements of this Regulation, as long as the insufficient local grid capacity is duly attested by the grid manager to the verifiers.
2022/02/18
Committee: ITRE
Amendment 240 #

2021/0210(COD)

Proposal for a regulation
Recital 24
(24) Exceptions in case of unavailability or incompatibility of OPS should be limited after ship and port operators have had sufficient time to make the necessary investments, in order to provide the necessary incentives for those investments and avoid unfair competition. Ports should equip their births, and ship owners their vessels, with power installations that comply with applicable standards, in order to ensure that the systems are fully compatible. As of 2035, ship operators should plan carefully their calls on TEN-T ports callsovered by the Regulation XXXX- XXX (Alternative Fuels Infrastructure Regulation) to make sure that they can carry out their activities without emitting air pollutants and GHG at berth and compromise the environment in coastal areas and port cities. A limited number of exceptions in case of unavailability or incompatibility of OPS should be maintained in order to provide the possibility for occasional last-minute changes in port call schedules and calls in ports with incompatible equipment.
2022/02/18
Committee: ITRE
Amendment 242 #

2021/0210(COD)

Proposal for a regulation
Recital 24 a (new)
(24 a) The targets for provision of OPS laid down in Regulation XXXX-XXX (Alternative Fuels Infrastructure Regulation) take into account the types of vessels served and the respective traffic volumes of maritime ports. The requirement for ships to connect to OPS while at berth should not apply to vessels when calling on ports exempted from the OPS requirement in the Alternative Fuels Infrastructure Regulation.
2022/02/18
Committee: ITRE
Amendment 243 #

2021/0210(COD)

Proposal for a regulation
Recital 24 b (new)
(24 b) Even if on-shore power supply is an important tool to reduce local emissions of air pollutants, its potential to reduce greenhouse gases depend entirely on the energy mix that is fed through the cables. To realise the full climate and environmental potential of OPS, Member States must continue to reduce the GHG intensity of their energy mixes and provide ports with priceworthy, plannable and fossil free electricity.
2022/02/18
Committee: ITRE
Amendment 244 #

2021/0210(COD)

Proposal for a regulation
Recital 24 c (new)
(24 c) The implementation of this Regulation should take due consideration of the diverse governance models for ports across the Union, in particular as regards the responsibility for issuing a certificate exempting a vessel from the obligation to connect to OPS.
2022/02/18
Committee: ITRE
Amendment 245 #

2021/0210(COD)

Proposal for a regulation
Recital 24 d (new)
(24 d) Coordination between ports and ship operators is crucial to ensure smooth connection procedures to on-shore power in ports. Ship operators should inform the ports they call at about their intentions to connect to on-shore power, their power needs during the given call, in particular when those exceed the estimated needs for this ship category.
2022/02/18
Committee: ITRE
Amendment 256 #

2021/0210(COD)

Proposal for a regulation
Recital 37
(37) The revenues generated from the payment of penalties should be used to promote the distribution and use of renewable and low-carbon fuels and propulsion technologies in the maritime sector and help maritime operators to meet their climate and environmental goals. For this purpose these revenues should be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC.
2022/02/18
Committee: ITRE
Amendment 257 #

2021/0210(COD)

Proposal for a regulation
Recital 39
(39) Given the importance of consequences that the measures taken by the verifiers under this Regulation may have for the companies concerned, in particular regarding the determination of non-compliant port calls, the compilation of information for the calculation of the amounts of penalties and refusal to issue a FuelEU certificate of compliance, those companies should be entitled to apply for a review of such measures to the competent authority in the Member State where the verifier was accredited. In the light of the fundamental right to an effective remedy, enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, decisions taken by the competent authorities and the managing bodies of the port under this Regulation should be subject to judicial review, carried out in accordance with the national law of the Member State concerned.
2022/02/18
Committee: ITRE
Amendment 259 #

2021/0210(COD)

Proposal for a regulation
Recital 40
(40) In order to maintain a level playing field through the efficient functioning of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of the list of well- to-wake emission factors, amendment of the list of the applicable zero-emission technologies or criteria for their use, to establish the rules on conducting the laboratory testing and direct emissions measurements, adaptation of the penalty factor, accreditation of verifiers, adaptation of the penalty factor,establishing the rules on conducting the laboratory testing and direct emissions measurements, accreditation of verifiers and modalities for the payment of penalties. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
2022/02/18
Committee: ITRE
Amendment 264 #

2021/0210(COD)

Proposal for a regulation
Recital 42
(42) Given the international dimension of the maritime sector, a global approach to limiting the greenhouse gas intensity of the energy used by ships is preferable as it cwould be regarded assignificantly more effective due to its broader scope. In this context, and with a view to facilitating the development of international rules within the International Maritime Organisation (IMO), the Commission should share relevant information on the implementation of this Regulation with the IMO and other relevant international bodies and relevant submissions should be made to the IMO. Where an agreement on a global aproach is reached on matters of relevance to this Regulation, the Commission should review the present Regulation with a view to aligning it, where appropriate,to align it with the international rules.
2022/02/18
Committee: ITRE
Amendment 289 #

2021/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point h
(h) ‘substitute sources of energy’ means renewable wind or solaror fossil free energy generated on-board or electricity supplied from on-shore power supply;
2022/02/18
Committee: ITRE
Amendment 292 #

2021/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point m
(m) ‘ship at berth’ means a ship at bwhich is securely moored along a quay in a port falling under th as defined in Article 3, point (n) of Regulation (EU) 2015/757;e jurisdiction of a Member State while it is loading, unloading or hotelling, including the time spent when not engaged in cargo operations
2022/02/18
Committee: ITRE
Amendment 294 #

2021/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point n
(n) ‘energy use on-board’ means the amount of energy, expressed in mega joules (MJ), used by a ship for propulsion and for the operation of any on-board equipment, at sea or at berth without the additional energy used due to technical characteristics of a ship having the ice class IA or IA Super or an equivalent ice class and the additional energy used by a ship having the ice class IC, IB, IA or IA Super or an equivalent ice class due to sailing in ice conditions;
2022/02/18
Committee: ITRE
Amendment 296 #

2021/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point q a (new)
(q a) ‘ice class’ means the notation assigned to the ship by the competent national authorities of the flag State or an organisation recognised by that State, showing that the ship has been designed for navigation in sea-ice conditions.
2022/02/18
Committee: ITRE
Amendment 299 #

2021/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point q b (new)
(q b) 'sailing in ice conditions' means sailing of an ice-classed ship in a sea area within the ice edge;
2022/02/18
Committee: ITRE
Amendment 300 #

2021/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point q c (new)
(q c) 'ice edge' means, in accordance with paragraph 4.4. of the WMO Sea-Ice Nomenclature of March 2014, the demarcation at any given time between the open sea and sea ice of any kind, whether fast or drifting;
2022/02/18
Committee: ITRE
Amendment 302 #

2021/0210(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point r
(r) ‘on-shore power supply’ means the system to supply electricity to ships at berth, at low or high voltage, alternate or direct current, including ship side and shore side installations, when feeding directly the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;
2022/02/18
Committee: ITRE
Amendment 321 #

2021/0210(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
[Asterix: The reference value, which calculation will be carried out at a later stage of the legislative procedure, corresponds to the EU fleet average greenhouse gas intensity of the energy used on-board by ships in 202019 determined on the basis data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annex I to that Regulation.]
2022/02/18
Committee: ITRE
Amendment 324 #

2021/0210(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. The greenhouse gas intensity of the energy used on-board by a ship shall be calculated as the amount of greenhouse gas emissions per unit of energy according to the methodology specified in Annex I, including a correction factor for ice classed ships, deducting the higher fuel consumption linked to ice navigation. As a basis for the calculation of emission factors, default values are provided in Annex II of this Regulation. These default values may be replaced by actual values certified by means of laboratory testing or direct emissions measurements.
2022/02/18
Committee: ITRE
Amendment 335 #

2021/0210(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. From 1 January 2030, a ship at berth in a port of call under the jurisdiction of a Member Statecovered by Article 9 of the Alternative Fuels Infrastructure Regulation shall connect to on-shore power supply and use it for all energits electricity needs while at berth, with exemption for auxiliary boilers.
2022/02/18
Committee: ITRE
Amendment 344 #

2021/0210(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point a a (new)
(a a) that were estimated to be at berth for less than two hours, but were hindered from departing within that timeframe due to unforeseeable events outside the operator’s control.
2022/02/18
Committee: ITRE
Amendment 345 #

2021/0210(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point c
(c) that have to make an unscheduled port call for reasons of safety or saving life at sea or in emergency situations or under conditions of force majeure;
2022/02/18
Committee: ITRE
Amendment 350 #

2021/0210(COD)

Proposal for a regulation
Article 5 – paragraph 3 a (new)
3 a. Ship operators shall inform the ports they call at about their intentions to connect to on-shore power and indicate the amount of power they require during the given call.
2022/02/18
Committee: ITRE
Amendment 351 #

2021/0210(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex III in order to insert references to new technologies in the list of applicable zero-emission technologies or criteria for their use, where these new technologies are found equivalent to the technologies listed in that Annex in the light of scientific and technical progress.
2022/02/18
Committee: ITRE
Amendment 352 #

2021/0210(COD)

Proposal for a regulation
Article 5 – paragraph 5
5. The managing body of the port of call, or where applicable the terminal operator or the competent authority, shall determine whether the exceptions set in paragraph 3 apply and issue or refuse to issue the certificate in accordance with the requirements set out in Annex IV.
2022/02/18
Committee: ITRE
Amendment 355 #

2021/0210(COD)

Proposal for a regulation
Article 5 – paragraph 6
6. From 1 January 2035, the exceptions listed in paragraph 3, points (d) and (e), may not be applied to a given ship, in total, more than five times during one reporting year. A port call shall not be counted for the purpose of compliance with this provision where the company demonstrates that it could not have reasonably known that the ship will be unable to connect for reasons referred to in paragraph 3, points (d) and (e).
2022/02/18
Committee: ITRE
Amendment 360 #

2021/0210(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point l a (new)
(l a) information on the ice class of the ship, if the additional energy due to the ship's ice class is to be left out from the scope of the energy used on-board;
2022/02/18
Committee: ITRE
Amendment 362 #

2021/0210(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point l b (new)
(l b) a description of the procedure for monitoring the distance travelled for the whole voyage and when sailing in ice conditions, the date and time when sailing in ice conditions, the fuel consumption and the energy provided by substitute sources of energy or a zero emission technology as specified in Annex III when sailing in ice conditions, if the additional energy due to sailing in ice conditions is to be left out from the scope of the energy used on-board.
2022/02/18
Committee: ITRE
Amendment 363 #

2021/0210(COD)

Proposal for a regulation
Article 8 a (new)
Article 8 a Certification of fossil fuels 1. Companies shall be entitled to divert from the established default values for the tank-to-wake emission factors provided that actual values are certified by means of laboratory testing or direct emissions measurements. The Commission is empowered to adopt delegated acts to supplement this Regulation by establishing the rules on conducting the laboratory testing and direct emissions measurements. 2. Companies shall be entitled to divert from the established default values for the well-to-tank emission factors provided that actual values are certified. The Commission is empowered to adopt delegated acts to supplement this Regulation by establishing the rules on certifying actual well-to-tank emissions.
2022/02/18
Committee: ITRE
Amendment 373 #

2021/0210(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point c
(c) biofuels and biogas that do not comply with point (a) or that are produced from food and feed crops shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel;
2022/02/18
Committee: ITRE
Amendment 379 #

2021/0210(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point c
(c) the amount of each type of fuel consumed at berth, in port and at sea;
2022/02/18
Committee: ITRE
Amendment 381 #

2021/0210(COD)

(e a) the ship's ice class, if the additional energy due to ship's ice class is to be left out from the scope of the energy used on-board;
2022/02/18
Committee: ITRE
Amendment 382 #

2021/0210(COD)

Proposal for a regulation
Article 14 – paragraph 1 – point e b (new)
(e b) the date and time when sailing in ice conditions, the amount of each type of fuel consumed when sailing in ice conditions, the amount of each type of substitute source of energy consumed when sailing in ice conditions, the distance travelled when sailing in ice conditions, the distance travelled during the voyage, the amount of each type of fuel consumed at sea, the amount of each type of substitute source of energy consumed at sea, if the additional energy due to sailing in ice conditions is to be left out from the scope of the energy used on- board;
2022/02/18
Committee: ITRE
Amendment 385 #

2021/0210(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point d
(d) calculate the amount of the penalties referred to in Article 20(1) and (2).deleted
2022/02/18
Committee: ITRE
Amendment 386 #

2021/0210(COD)

(d a) compile the aforementioned information and submit it to the Member State’s competent authority.
2022/02/18
Committee: ITRE
Amendment 387 #

2021/0210(COD)

Proposal for a regulation
Article 15 – paragraph 3 a (new)
3 a. On the basis of the information provided by the verifier, the Member State’s competent authority shall calculate the amount of the penalties referred to in Article 20(1) and (2).
2022/02/18
Committee: ITRE
Amendment 388 #

2021/0210(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The Commission shall develop, 1. ensure functioning and update an electronic compliance database, within the THETIS- MRV module, for the monitoring of compliance with Articles 4 and 5. The compliance database shall be used to keep a record of the compliance balance of the ships and the use of the flexibility mechanisms set out in Articles 17 and 18. It shall be accessible to the companies, the verifiers, the competent authorities and the Commission.
2022/02/18
Committee: ITRE
Amendment 393 #

2021/0210(COD)

Proposal for a regulation
Article 17 – paragraph 2 – introductory part
2. Where the ship has a compliance deficit for the reporting period, the company may borrow an advance compliance surplus of the corresponding amount from the following reporting period. The advance compliance surplus shall be added to the ship’s balance in the reporting period and subtracted from the same ship’s balance in the following reporting period. The amount to be subtracted in the following reporting period shall be equal to the advance compliance surplus multiplied by 1.1. The advance compliance surplus may not be borrowed:
2022/02/18
Committee: ITRE
Amendment 398 #

2021/0210(COD)

Proposal for a regulation
Article 20 – paragraph 2
2. The company shall pay a penalty for each non-compliant port call. The verifier shallMember State’s competent authority shall, based on the information provided by the verifier, calculate the amount of the penalty by multiplying the amount of EUR 250 by megawatts of power installed on- board and by the number of completed hours spent at berth.
2022/02/18
Committee: ITRE
Amendment 400 #

2021/0210(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex V in order to adapt the formula referred to in paragraph 1 of this Article, and to amend the amount of the fixed penalty laid down in paragraph 2 of this Article, taking into account the developments in the cost of energy.
2022/02/18
Committee: ITRE
Amendment 405 #

2021/0210(COD)

Proposal for a regulation
Article 21 – paragraph 2
2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC and should be used to promote the distribution and use of renewable and low-carbon fuels and propulsion technologies in the maritime sector. These revenues shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation, and shall be implemented in accordance with the rules applicable to the Innovation Fund.
2022/02/18
Committee: ITRE
Amendment 410 #

2021/0210(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4(6), 5(4), 9(3), 13(3), 20(4), and 21(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].
2022/02/18
Committee: ITRE
Amendment 411 #

2021/0210(COD)

Proposal for a regulation
Article 26 – paragraph 3
3. The delegation of power referred to in Articles 4(7), 5(4), 9(3), 13(3), 20(4), and 21(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
2022/02/18
Committee: ITRE
Amendment 412 #

2021/0210(COD)

Proposal for a regulation
Article 26 – paragraph 6
6. A delegated act adopted pursuant to Articles 4(7), 5(4), 9(3), 13(3), 20(4), and 21(3) 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 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.
2022/02/18
Committee: ITRE
Amendment 413 #

2021/0210(COD)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and every three years thereafter until 2050, the results of an evaluation on the functioning of this Regulation and the evolution of the technologies and market for renewable and low-carbon fuels in maritime transport and its impact on the maritime sector in the Union, with emphasis on this Regulation’s impact on the functioning of the single market, the sector’s competitiveness, transport freight rates and the magnitude of carbon leakage. The Commission shall consider possible amendments to:
2022/02/18
Committee: ITRE
Amendment 419 #

2021/0210(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point a a (new)
(a a) the scope of this Regulation in terms of: - the gross tonnage threshold referred to in Article 2, and - the share of energy used by ships in voyage to and from third countries referred to in Article 2 point (c).
2022/02/18
Committee: ITRE
Amendment 420 #

2021/0210(COD)

Proposal for a regulation
Article 28 – paragraph 1 a (new)
1 a. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and every fifth year until 2050, the results of a comprehensive evaluation of the aggregated macroeconomic impact of the Fit for 55 legislative package,1a with particular emphasis on the effects on the Union’s competitiveness, job creation, transport freight rates, household purchasing power and the magnitude of carbon leakage. _________________ 1aCommunication from the Commission (COM/2021/550), 14 July 2021.
2022/02/18
Committee: ITRE
Amendment 421 #

2021/0210(COD)

Proposal for a regulation
Article 28 – paragraph 1 b (new)
1 b. The Commission shall consider possible amendments to this Regulation with regards to regulatory simplification. The Commission and the competent authorities shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Regulation, keeping administrative burdens to a minimum for ship owners, operators, ports and verifiers.
2022/02/18
Committee: ITRE
Amendment 422 #

2021/0210(COD)

Proposal for a regulation
Article 28 – paragraph 1 c (new)
1 c. The Commission shall propose amendments to this Regulation in the event the International Maritime Organization adopts global carbon emission standards, in order to fully align the respective provisions.
2022/02/18
Committee: ITRE
Amendment 424 #

2021/0210(COD)

Proposal for a regulation
Article 28 a (new)
Article 28 a Compensatory regulatory reduction The Commission shall present, by 1 January 2024, and in line with its communication on the application of the “one in, one out” principle,1a proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs in the maritime sector. _________________ 1a EC press release on the working methods of the von der Leyen Commission, 4 December 2019.
2022/02/18
Committee: ITRE
Amendment 111 #

2021/0207(COD)

Proposal for a directive
Recital 14 a (new)
(14a) In order to ensure uniform conditions for EU airlines and their competitors from third countries, to avoid carbon leakage and distortion of competition, the allowances to be surrendered under the EU ETS must be adjusted to the proportion of EU ETS- costs on intra-EEA flights allocated to passengers transferring to a final destination outside the EU – and vice versa – thereby minimising the risk of passengers selecting flights to their final destination with a transfer at an airport outside the Union.
2022/02/18
Committee: ENVI
Amendment 220 #

2021/0207(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Directive 2003/87/CE
Article 3 d – paragraph 2
(c) paragraph 2 is deleted, replaced by the following: ‘To avoid carbon leakage and distortion of competition, an adjustment mechanism shall be adopted for the proportion of EU ETS-costs on intra-EEA flights allocated to passengers transferring to a final destination outside the Union and vice versa. This adjustment mechanism is calculated as follows per aircraft operator: In accordance with Annex IV and by 31 March of each year, aircraft operators operating flights where the Treaty applies, shall report to the national competent authority and the verifier for every city pair the annual fuel consumption on individual connections and the ratio of the number of passengers with connecting flights into or out of the EEA ("transfer passengers") to the total number of passengers on this connection ("passengers"); The adjustment for each city pair equals: (number of transfer passengers / total number of passengers) x fuel consumption x emission factor; The cumulative amount of this adjustment mechanism for all city pairs together shall be deducted from the total amount of verified emissions, of which the corresponding allowances are to be surrendered by the aircraft operator in that same period.’;
2022/02/16
Committee: ENVI
Amendment 41 #

2021/0197(COD)

Proposal for a regulation
Recital 7 a (new)
(7a) In line with Regulation (EU) 2019/631 the emissions of the entire life cycle of vehicles should be taken into account in order to ensure that emissions are reduced in the most effective manner. Given the strengthened target for 2030, it is important to ensure that a methodology of full life-cycle CO2 emissions for vehicles follows suit. It is therefore necessary that the Commission develop no later than December 31, 2023, an harmonized methodology to report the carbon footprint of the life-cycle of vehicles in order to consider the global impact of passenger cars and light commercial vehicles on the environment. This regulation should be reviewed in 2028 to incorporate this harmonized methodology of an extended carbon accounting as new indicator for further reduction targets beyond 2030.
2022/02/02
Committee: TRAN
Amendment 49 #

2021/0197(COD)

Proposal for a regulation
Recital 8
(8) In order to achieve a reduction in net greenhouse gas emissions of at least 55 % by 2030 compared to 1990, it is necessary to strengthen the reduction requirements set out in Regulation (EU) 2019/631 of the European Parliament and of the Council25 for both passenger cars and light commercial vehicles. A clear pathway also needs to be set for further reductions beyond 2030 to contribute to achieving the climate neutrality objective by 2050. Without ambitious action on greenhouse gas emission reductions in road transport, higher emission reductions would be needed in other sectors, including sectors where decarbonisation is more challenging. _________________ 25Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).
2022/02/02
Committee: TRAN
Amendment 53 #

2021/0197(COD)

Proposal for a regulation
Recital 9
(9) The strengthened CO2 emission reduction requirements should incentivise an increasing share of net zero-emission vehicles and fuels being deployed on the Union market whilst providing benefits to consumers and citizens in terms of air quality and energy savings, as well as ensuring that innovation and employment levels in the automotive value chain can be maintained in Europe and that mobility remains accessible and affordable for everyone. Within the global context, also the EU automotive chain must be a leading actor in the on- going transition towards net zero-greenhouse gas emission mobility and fuels solutions. The strengthened CO2 emission reduction standards armust be technology neutral in reaching the fleet- wide targets that they set. Different technologies are and remain available to reach the zero-emission fleet wide targets. ZLow and zero-emission vehicles currently include battery electric vehicles, fuel-cell and other hydrogen powered vehicles, depending on their respective full lifecycle emissions and technological innovations are continuing. Zero and low-emission vehicles, which also include well performing plug-in hybrid electric vehicles, and vehicles powered by alternative sustainable biofuels and biogases which can continue to play a role in the transition pathway.
2022/02/02
Committee: TRAN
Amendment 68 #

2021/0197(COD)

Proposal for a regulation
Recital 11
(11) The targets in the revised CO2 performance standards should be accompanied by a European strategy to address the challenges posed by the scale- up of the manufacturing of low- and zero- emission vehicles and associated technologies, and fuels, as well as the need for up- and re-skilling of workers in the sector and the economic diversification and reconversion of activities, while maintaining automotive employment levels in Europe. Where appropriate, financial support should be considered at the level of the EU and Member States to crowd in private investment, including via the European Social Fund Plus, the Just Transition Fund, the Innovation Fund, the Recovery and Resilience Facility and other instruments of the Multiannual Financial Framework and the Next Generation EU, in line with State aid rules. The revised environmental and energy state aid rules will enable Member States to support business to decarbonize their production processes and adopt greener technologies in the context of the New Industrial Strategy.
2022/02/02
Committee: TRAN
Amendment 77 #
2022/02/02
Committee: ENVI
Amendment 77 #

2021/0197(COD)

Proposal for a regulation
Recital 12
(12) The updated New Industrial Strategy26 foresees the co-creation of green and digital transition pathways in partnership with industry, public authorities, social partners and other stakeholders. In this context, a transition pathway should be developed for the mobility ecosystem to accompany the transition of the automotive value chain. The pathway should take particular heed of SMEs in the automotive supply chain, of the consultation of social partners including by Member States, and also build on the European Skills Agenda with initiatives like the Pact for Skills to mobilise the private sector and other stakeholders to up-skill and re-skill Europe’s workforce in view of the green and digital transitions. The appropriate actions and incentives at European and national level to boost the affordability of low- and zero emission vehicles should also be addressed in the pathway. The progress made on this comprehensive transition pathway for the mobility ecosystem should be monitored every two years as part of a progress report to be submitted by the Commission, looking inter alia at the progress in the deployment of low- and zero- emission vehicles, their price developments, deployment of alternative fuels development and infrastructure roll- out as required under the Alternative Fuels Infrastructure Regulation, the potential of innovative technologies to reach climate neutral mobility, international competitiveness, investments in the automotive value chain, up-skilling and re- skilling of workers and reconversion of activities. The progress report will also build on the two-yearly progress reports that Member States submit under the Alternative Fuels Infrastructure Regulation. The Commission should consult social partners in the preparation of the progress report, including the results in the social dialogue. Innovations in the automotive supply chain are continuing. Innovative technologies such as the production of electro-fuels with air capture, if further developed, could offer prospects for affordable climate neutral mobility. The Commission should therefore keep track of progress in the state of innovation in the sector as part of its progress report. _________________ 26 Commission Communication - Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery, COM(2021) 350 final of 5 May 2021
2022/02/02
Committee: TRAN
Amendment 83 #

2021/0197(COD)

Proposal for a regulation
Recital 13
(13) Those EU fleet-wide targets are to be complemented by the necessary roll-out of recharging and refuelling infrastructure as set out in. For this reason, considering the weak and slow implementation of Directive 2014/94/EU of the European Parliament and of the Council27 . _________________ 27 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on, this proposal should be accompanied by an ambitious proposal for a Regulation on Alternative Fuel Infrastructure, providing for ambitious mandatory targets for the deployment of alternative fuels infrastructure (OJ L 307 28.10.2014, p. 1)throughout the 27 Member States.
2022/02/02
Committee: TRAN
Amendment 84 #

2021/0197(COD)

Proposal for a regulation
Recital 7 a (new)
(7a) In line with Regulation (EU) 2019/631 the emissions of the entire life cycle of vehicles should be taken into account in order to ensure that emissions are reduced in the most effective manner. Given the strengthened target for 2030, it is important to ensure that a methodology of full life-cycle CO2 emissions for vehicles follows suit. It is therefore necessary that the Commission develop no later than December 31, 2023, an harmonized methodology to report the carbon footprint of the life-cycle of vehicles in order to consider the global impact of passenger cars and light commercial vehicles on the environment. This regulation should be reviewed in 2028 to incorporate this harmonized methodology of an extended carbon accounting as new indicator for further reduction targets beyond 2030.
2022/02/02
Committee: ENVI
Amendment 91 #

2021/0197(COD)

Proposal for a regulation
Recital 8
(8) In order to achieve a reduction in net greenhouse gas emissions of at least 55 % by 2030 compared to 1990, it is necessary to strengthen the reduction requirements set out in Regulation (EU) 2019/631 of the European Parliament and of the Council25 for both passenger cars and light commercial vehicles. A clear pathway also needs to be set for further reductions beyond 2030 to contribute to achieving the climate neutrality objective by 2050. Without ambitious action on greenhouse gas emission reductions in road transport, higher emission reductions would be needed in other sectors, including sectors where decarbonisation is more challenging. _________________ 25Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).
2022/02/02
Committee: ENVI
Amendment 91 #

2021/0197(COD)

Proposal for a regulation
Recital 14
(14) Manufacturers should be provided with sufficient flexibility in adapting their fleets over time in order to manage the transition towards low- and zero-emission vehicles in a cost-efficient manner, and it is therefore appropriat. The progressively more ambitious emission reduction targets as set in Regulation (EU) 2019/631 have increased the costs of compliance for manufacturers. It is therefore of the utmost importance to maintain the approach of decreasing target levels in five-year steps.
2022/02/02
Committee: TRAN
Amendment 96 #

2021/0197(COD)

Proposal for a regulation
Recital 15
(15) With the stricter EU fleet-wide targets from 2030 onwards, manufacturers will have to deploy significantly more zero-emission vehicles on the Union market. In that context, the incentive mechanism for zero- and low-emission vehicles (‘ZLEV’) would no longer serve its original purpose and would risk undermining the effectiveness of Regulation (EU) 2019/631. The ZLEV incentive mechanism should therefore be removed as of 2030. Before that date and therefore throughout this decade, the incentive mechanism for ZLEV will continue to support the deployment of vehicles with emissions from zero up to 50 g CO2/km, including battery electric vehicles, fuel-cell electric vehicles using hydrogen and well performing plug-in hybrid electric vehicles. After that date, plug-in hybrid electric vehicles continue to count against the fleet-wide targets that vehicle manufacturers must meetlow- and zero- emission vehicles on the Union market. The incentive mechanism for ZLEV will continue to support the deployment of vehicles with emissions from zero up to 50 g CO2/km.
2022/02/02
Committee: TRAN
Amendment 100 #

2021/0197(COD)

Proposal for a regulation
Recital 9
(9) The strengthened CO2 emission reduction requirements should incentivise an increasing share of net zero-emission vehicles and fuels being deployed on the Union market whilst providing benefits to consumers and citizens in terms of air quality and energy savings, as well as ensuring that innovation and employment levels in the automotive value chain can be maintained in Europe and that mobility remains accessible and affordable for everyone. Within the global context, also the EU automotive chain must be a leading actor in the on- going transition towards net zero-greenhouse gas emission mobility and fuel solutions. The strengthened CO2 emission reduction standards armust be technology neutral in reaching the fleet- wide targets that they set. Different technologies are and remain available to reach the zero-emission fleet wide targets. ZLow and zero-emission vehicles currently include battery electric vehicles, fuel-cell and other hydrogen powered vehicles, depending on their respective full lifecycle emissions and technological innovations are continuing. Zero and low-emission vehicles, which also include well performing plug-in hybrid electric vehicles, and vehicles powered by alternative fuel which can continue to play a role in the transition pathway.
2022/02/02
Committee: ENVI
Amendment 109 #

2021/0197(COD)

Proposal for a regulation
Recital 21
(21) In view of the increased overall greenhouse gas emissions reduction objectives and to avoid potential market distorting effects, the reduction requirements for all manufacturers present in the Union market should be aligned, except for those responsible for less than 1 000 new vehicles registered in a calendar year. Consequently, the possibility for manufacturers responsible for between 1 000 and 10 000 passenger cars or between 1 000 and 22 000 light commercial vehicles newly registered in a calendar year to apply for a derogation from their specific emission targets should cease from 2030 onwards.deleted
2022/02/02
Committee: TRAN
Amendment 118 #

2021/0197(COD)

Proposal for a regulation
Recital 10
(10) Against that background, a new strengthened CO2 emission reduction targets should be set for both new passenger cars and new light commercial vehicles for the period 2030 onwards2030. Thoseis targets should be set at a level that will deliver a strong signal to accelerate the uptake of zero-emission vehicles on the Union market and to stimulate innovation in zero-emission technologies in a cost- efficient way.
2022/02/02
Committee: ENVI
Amendment 119 #

2021/0197(COD)

Proposal for a regulation
Recital 23
(23) The progress made under Regulation (EU) 2019/631 towards achieving the reduction objectives set for 2030 and beyond should be reviewed in 20268. For this review, all aspects considered in the two yearly reporting should be considered.
2022/02/02
Committee: TRAN
Amendment 120 #

2021/0197(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) The regulations review is an important part of tracking the Union progress towards its climate ambitions while ensuring that concrete reduction targets can be met through an harmonized methodology for reporting on the life-cycle of vehicles, and taking into account industrial and social consequences of the defined targets.
2022/02/02
Committee: TRAN
Amendment 125 #

2021/0197(COD)

Proposal for a regulation
Recital 24 a (new)
(24a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the entry into force of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU Regulations that generate unnecessary compliance costs in the affected sectors.
2022/02/02
Committee: TRAN
Amendment 128 #

2021/0197(COD)

Proposal for a regulation
Recital 11
(11) The targets in the revised CO2 performance standards should be accompanied by a European strategy to address the challenges posed by the scale- up of the manufacturing of low- and zero- emission vehicles and associated technologies and fuels, as well as the need for up- and re-skilling of workers in the sector and the economic diversification and reconversion of activities while maintaining automotive employment levels in Europe. Where appropriate, financial support should be considered at the level of the EU and Member States to crowd in private investment, including via the European Social Fund Plus, the Just Transition Fund, the Innovation Fund, the Recovery and Resilience Facility and other instruments of the Multiannual Financial Framework and the Next Generation EU, in line with State aid rules. The revised environmental and energy state aid rules will enable Member States to support business to decarbonize their production processes and adopt greener technologies in the context of the New Industrial Strategy.
2022/02/02
Committee: ENVI
Amendment 129 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point –a (new)
Regulation (EU) 2019/631
Article 1 – paragraph 4
(-a) paragraph 4 is replaced by the following: 4. From 1 January 2025, the following EU fleet-wide targets shall apply: "(a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 15 % reduction of the target in 2021determined in accordance with point 6.1.1 of Part A of Annex I; as set in Regulation (EU) 2019/631; " "(b) for the average emissions of the new light commercial vehicles fleet, an EU fleet-wide target equal to a 15 % reduction of the target in 2021 determined in accordance with point 6.1.1 of Part B of Annex I. content/EN/TXT/?uri=uriserv%3AOJ.L_.2019.111.01.0013.01.ENG&toc=OJ%3AL%3A2019 as set in Regulation (EU) 2019/631. " Or. en(https://eur-lex.europa.eu/legal- %3A111%3ATOC)
2022/02/02
Committee: TRAN
Amendment 145 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EU) 2019/631
Article 1 – paragraph 5 – point a
(i) in point (a), the figure “37,5 %” is replaced by ‘545 %’,
2022/02/02
Committee: TRAN
Amendment 147 #

2021/0197(COD)

Proposal for a regulation
Recital 12
(12) The updated New Industrial Strategy26 foresees the co-creation of green and digital transition pathways in partnership with industry, public authorities, social partners and other stakeholders. In this context, a transition pathway should be developed for the mobility ecosystem to accompany the transition of the automotive value chain. The pathway should take particular heed of SMEs in the automotive supply chain, of the consultation of social partners including by Member States, and also build on the European Skills Agenda with initiatives like the Pact for Skills to mobilise the private sector and other stakeholders to up-skill and re-skill Europe’s workforce in view of the green and digital transitions. The appropriate actions and incentives at European and national level to boost the affordability of low- and zero emission vehicles should also be addressed in the pathway. The progress made on this comprehensive transition pathway for the mobility ecosystem should be monitored every two years as part of a progress report to be submitted by the Commission, looking inter alia at the progress in the deployment of low- and zero- emission vehicles, their price developments, deployment of alternative fuels development and infrastructure roll- out as required under the Alternative Fuels Infrastructure Regulation, the potential of innovative technologies to reach climate neutral mobility, international competitiveness, investments in the automotive value chain, up-skilling and re- skilling of workers and reconversion of activities. The progress report will also build on the two-yearly progress reports that Member States submit under the Alternative Fuels Infrastructure Regulation. The Commission should consult social partners in the preparation of the progress report, including the results in the social dialogue. Innovations in the automotive supply chain are continuing. Innovative technologies such as the production of electro-fuels with air capture, if further developed, could offer prospects for affordable climate neutral mobility. The Commission should therefore keep track of progress in the state of innovation in the sector as part of its progress report. _________________ 26 Commission Communication - Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery, COM(2021) 350 final of 5 May 2021
2022/02/02
Committee: ENVI
Amendment 152 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point ii
Regulation (EU) 2019/631
Article 1 – paragraph 5 – point b
(ii) in point (b), the figure “31 %” is replaced by ‘540 %’,
2022/02/02
Committee: TRAN
Amendment 157 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Article 1 – paragraph 5a
(b) the following paragraph 5a is inserted: ‘5a. From 1 January 2035, the following EU fleet-wide targets shall apply: (a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 100 % reduction of the target in 2021 determined in accordance with Part A, point 6.1.3, of Annex I; (b) for the average emissions of the new light commercial vehicles fleet, an EU fleet-wide target equal to a 100 % reduction of the target in 2021 determined in accordance with Part B, point 6.1.3, of Annex I.’deleted (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2022/02/02
Committee: TRAN
Amendment 159 #

2021/0197(COD)

Proposal for a regulation
Recital 13
(13) Those EU fleet-wide targets are toshould be complemented by the necessary roll-out of recharging and refuelling infrastructure as set out in. For this reason, considering the weak and slow implementation of Directive 2014/94/EU of the European Parliament and of the Council27 . _________________ 27Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on, this proposal should be accompanied by an ambitious proposal for a Regulation on Alternative Fuel Infrastructure, providing for ambitious mandatory targets for the deployment of alternative fuels infrastructure (OJ L 307 28.10.2014, p. 1)throughout the 27 Member States.
2022/02/02
Committee: ENVI
Amendment 159 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Article 1 – paragraph 5a
5a. From 1 January 2035, the following EU fleet-wide targets shall apply: (a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 100 % reduction of the target in 2021 determined in accordance with Part A, point 6.1.3, of Annex I; (b) for the average emissions of the new light commercial vehicles fleet, an EU fleet-wide target equal to a 100 % reduction of the target in 2021 determined in accordance with Part B, point 6.1.3, of Annex I.deleted
2022/02/02
Committee: TRAN
Amendment 165 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c
(c) in paragraph 6, the words “From 1 January 2025,” are replaced by ‘From 1 January 2025 to 31 December 2029,’,deleted
2022/02/02
Committee: TRAN
Amendment 173 #

2021/0197(COD)

Proposal for a regulation
Recital 14
(14) Manufacturers should be provided with sufficient flexibility in adapting their fleets over time in order to manage the transition towards low- and zero-emission vehicles in a cost-efficient manner, and it is therefore appropriat. The progressively more ambitious emission reduction targets as set in Regulation (EU) 2019/631 have increased the costs of compliance for manufacturers. It is therefore of the utmost importance to maintain the approach of decreasing target levels in five-year steps.
2022/02/02
Committee: ENVI
Amendment 181 #

2021/0197(COD)

Proposal for a regulation
Recital 15
(15) With the stricter EU fleet-wide targets forom 2030 onwards, manufacturers will have to deploy significantly more zero-emission vehicles on the Union market. In that context, the incentive mechanism for zero- and low-emission vehicles (‘ZLEV’) would no longer serve its original purpose and would risk undermining the effectiveness of Regulation (EU) 2019/631. The ZLEV incentive mechanism should therefore be removed as of 2030. Before that date and therefore throughout this decade, the incentive mechanism for ZLEV will continue to support the deployment of vehicles with emissions from zero up to 50 g CO2/km, including battery electric vehicles, fuel-cell electric vehicles using hydrogen and well performing plug-in hybrid electric vehicles. After that date, plug-in hybrid electric vehicles continue to count against the fleet-wide targets that vehicle manufacturers must meetlow- and zero- emission vehicles on the Union market. The incentive mechanism for ZLEV will continue to support the deployment of vehicles with emissions from zero up to 50 g CO2/km.
2022/02/02
Committee: ENVI
Amendment 183 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/631
Article 4 – paragraph 1
(4) in Article 4(1), the following subparagraph is added: ‘For the purposes of point (c), where the specific emission target determined in accordance with Part A, point 6.3., of Annex I or Part B, point 6.3., of Annex I is negative, the specific emission target shall be 0 g/km.;’deleted
2022/02/02
Committee: TRAN
Amendment 184 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) 2019/631
Article 4 – paragraph 3 a (new)
b)In Article 4, the following paragraph 3a is inserted “Manufacturers, other than manufacturers which have been granted a derogation, may form a pool or may trade credits for the purposes of meeting their obligations. For the purposes of determining each manufacturer’s average specific emissions of CO2,a potential over-achievement of a manufacturer’s CO2 target in one category (M1or N1) could be combined with an exceedance in the other category (M1 or N1) by the same or another manufacturer. Due to the different target definitions of M1 & N1, this specific credit transfer mechanism option can only combine the difference between a manufacturer’s specific emission target and its specific emissions in one category (M1 or N1) with the difference between a manufacturer’s specific emission target and its specific emissions in the other category (M1 or N1).When the credit trading in one category allows to compensate the exceedance of the other category, the combination shall be considered to have met the two specific emissions targets.
2022/02/02
Committee: TRAN
Amendment 185 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/631
Article 6 – paragraph 6
4a) in Article 6 paragraph 6 is amended as follows: "6. Paragraph 5 shall not apply where all the manufacturers included in the pool are part of the same group of connected manufacturers or where the credit transfer consists of only one manufacturer transferring respective credits between the passenger car and light commercial vehicle fleets; (b) The respective individual manufacturer(s) targets shall be replaced by a modified target for the manufacturer(s) where there is credit transfer of passenger and light commercial vehicles differences between specific targets (M1 or N1) and specific emissions (M1 or N1). The modification is defined as follows: the difference between a manufacturer’s specific emission target and its specific emissions in one category (M1 or N1) with the difference between a manufacturer’s specific emission target and its specific emissions in the other category (M1 or N1).When the volume based credit trading in one category allows to compensate the exceedance of the other category, the combination shall be considered to have met the two specific emissions targets." Or. en(Regulation (EU) 2019/631)
2022/02/02
Committee: TRAN
Amendment 200 #

2021/0197(COD)

Proposal for a regulation
Recital 18
(18) In order to ensure a fair distribution of the reduction effort, the two limit value curves for lighter and heavier light commercial vehicles should be adjusted to reflect the strengthened CO2 reduction targets.deleted
2022/02/02
Committee: ENVI
Amendment 201 #

2021/0197(COD)

Proposal for a regulation
Recital 21
(21) In view of the increased overall greenhouse gas emissions reduction objectives and to avoid potential market distorting effects, the reduction requirements for all manufacturers present in the Union market should be aligned, except for those responsible for less than 1 000 new vehicles registered in a calendar year. Consequently, the possibility for manufacturers responsible for between 1 000 and 10 000 passenger cars or between 1 000 and 22 000 light commercial vehicles newly registered in a calendar year to apply for a derogation from their specific emission targets should cease from 2030 onwards.deleted
2022/02/02
Committee: ENVI
Amendment 202 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation 2019/631
Article 10 – paragraph 2
‘A derogation applied for under paragraph 1 may be granted from the specific emission targets applicable until and including calendar year 2029.’;deleted
2022/02/02
Committee: TRAN
Amendment 203 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation 2019/631
Article 12 – paragraph 3a (new)
(6b) 6a. in Article 12, the following paragraph is inserted: ‘3a. ‘The Commission shall draw up, no later than 31 December 2023, a common Union methodology for the assessment and the consistent data reporting of the full life-cycle CO2 emissions of fuels and energy consumed by vehicles on the EU market.’
2022/02/02
Committee: TRAN
Amendment 204 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)Regulation 2019/631

Article 11 a (new)
(6a) the following Article 11a is inserted: “Use of synthetic and alternative fuels (1) Upon application by a manufacturer, CO2savings achieved through the use of synthetic and advanced alternative fuels(hereinafter "alternative fuels") shall be considered in accordance with paragraphs 2 and 3 of this Article. (2) The contribution of the CO2 savings achieved through the use of alternative fuels can be accounted for the manufacturer’s average specific CO2 emissions as referred to in paragraph 1 of this Article, In alternative, CO2 savings achieved through the use of alternative fuels may be allocated to individual vehicles which are technically capable of using the credited alternative fuel in accordance with Regulation (EC) 715/2007. (3) Each Member State shall record for each calendar year the quantities of alternative fuels placed on the market by a manufacturer, or the quantities of alternative fuels allocated to a manufacturer, and shall provide appropriate certification of these quantities and the resulting CO2 savings by correspondingly applying the certification and documentation procedure laid down in Directive (EU) 2018/2001. The Member States shall ensure that credits are issued only for quantities that meet the requirements of Directive (EU) 2018/2001 and where it is ensured that no simultaneous allocation takes place against the reduction targets set out in Article 25(1) of Directive (EU) 2018/2001. The credits must indicate the issuing Member State, their period of validity, and the quantity and type of alternative fuel for which they were issued. The credits must be tradable. With a view to minimising the risk of single quantities being claimed more than once in the Union, Member States and the Commission shall strengthen cooperation among national systems, including, where appropriate, the exchange of data. Where the competent authority of one Member State suspects or detects a fraud, it shall, where appropriate, inform the other Member States. (4) The amount of the savings referred to in paragraphs 1 and 2 shall be calculated in accordance with Annex I, Part C.
2022/02/02
Committee: TRAN
Amendment 213 #

2021/0197(COD)

Proposal for a regulation
Recital 23
(23) The progress made under Regulation (EU) 2019/631 towards achieving the reduction objectives set for 2030 and beyond should be reviewed in 20268. For this review, all aspects considered in the two yearly reporting should be considered.
2022/02/02
Committee: ENVI
Amendment 214 #

2021/0197(COD)

Proposal for a regulation
Recital 23 a (new)
(23a) The regulations review is an important part of tracking the Union progress towards its climate ambitions while ensuring that concrete reduction targets can be met through an harmonized methodology for reporting on the life-cycle of vehicles, and taking into account industrial and social consequences of the defined targets.
2022/02/02
Committee: ENVI
Amendment 221 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14a – paragraph 1
By 31 December 2025, and every two years thereafter, the Commission shall report on the progress towards zero emission road mobility. The report shall in particular monitor and assess the need for possible additional measures to facilitate the transition, including through financial means.
2022/02/02
Committee: TRAN
Amendment 223 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation 2019/631
Article 14a – paragraph 2
In the reporting, the Commission shall consider all factors that contribute to a cost-efficient progress towards climate neutrality by 2050. This includes the deployment of zero- and low-emission vehicles, to be analysed not under a purely tailpipe-emissions-based measurement, but under a holistic life- cycle analysis-based approach to emissions of vehicles, fuel and energy, taking into account also the green-house gas intensity at mineral extraction, production and end-of-life stages, allowing inter alia for the accounting of green steel and recycled materials, as well as the energy mix in the respective Member State of circulation, progress in achieving the targets for the roll-out of recharging and refuelling infrastructure as required under the Alternative Fuels Infrastructure Regulation, the potential contribution of innovation technologies and sustainable alternative fuels to reach climate neutral mobility, impact on consumers, progress in social dialogue as well as aspects to further facilitate an economically viable and socially fair transition towards zero emission road mobility.;
2022/02/02
Committee: TRAN
Amendment 226 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) 2019/631
Article 14 b (new)
(9a) The following Article 14b is inserted: Article 14b Compensatory regulatory reduction 1. The Commission shall report to the European Parliament and the Council, by 1January 2030, and every third year until 2050, the results of an evaluation on the functioning of this Regulation, with emphasis on this Regulation’s effects on the functioning of the single market, the competitiveness of affected sectors and the magnitude of carbon leakage. 2. The Commission shall report to the European Parliament and the Council, by 1January 2030, and every fifth year until 2050, the results of a comprehensive evaluation of the aggregated macroeconomic impact of the Regulations that makeup the Fit for 55 package 1a, with emphasis on the effects on the Union’s competitiveness, job creation, transport freight rates, household purchasing power and the magnitude of carbon leakage. 3. The Commission shall consider possible amendments to this Regulation with regards to regulatory simplification. The Commission and the competent authorities shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Regulation, keeping administrative burdens to a minimum 4. The Commission shall present, 1 year after the entry into force of this Regulation, and in line with its communication on the application of the “one in, one out" principle1b, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU Regulations that generate unnecessary compliance costs in the affected sectors. _________________ 1aCommunication from the Commission (COM/2021/550), 14 July 2021. 1b EC press release on the working methods of the von der Leyen Commission, 4 December 2019.
2022/02/02
Committee: TRAN
Amendment 234 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Regulation 2019/631
Article 15 – paragraph 1
The report shall, where appropriate, be accompanied by a proposal for amending this Regulation and identifying a clear pathway for further CO2 emissions reductions by introducing EU fleet-wide targets for new passenger cars fleet and for new light commercial vehicles fleet from 1 January 2035 and from 1 January 2040, based on a LCA methodology developed by the European Commission no later than 31 December 2023.
2022/02/02
Committee: TRAN
Amendment 235 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point -a (new)
Regulation (EU) 2019/631
Article 1 – paragraph 4 – point a
(-a) in paragraph 4 point (a) is replaced by the following: "(a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 15 % reduction of the target in 2021determined in accordance with point 6.1.1 of Part A of Annex I; as set in Regulation (EU) 2019/631;" Or. en (Regulation 2019/631 https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=celex%3A32019R0631)
2022/02/02
Committee: ENVI
Amendment 237 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b
Regulation (EU) 2019/631
Article 15 – paragraph 2
(b) paragraphs 2 to 5 are deleted, is replaced by the following: "In the report referred to in paragraph 1, the Commission shall consider, inter alia, the real-world representativeness of the CO2 emission and fuel or energy consumption values determined pursuant to Regulation (EC) No 715/2007; the deployment on the Union market of zero- and low-emission vehicles, in particular with respect to light commercial vehicles; the roll-out of recharging and refuelling infrastructure reported under Regulation(XXX) of the European Parliament and of the Council on the deployment of alternative fuels infrastructure , including their financing; the implementation of the Energy Performance of the building Directive 2010/31/EU and its foreseen review; the potential contribution of the use of synthetic and advanced alternative fuels produced with renewable energy to emissions reductions; the CO2 emissions reduction actually observed at the existing fleet level; the functioning of the incentive mechanism for zero- and low-emission vehicles; the potential effects of the transitional measure set out in point 6.3 of Part A of Annex I; the impact of this Regulation on consumers, particularly on those on low and medium incomes; as well as aspects to further facilitate an economically viable and socially fair transition towards clean, competitive and affordable mobility in the Union."
2022/02/02
Committee: TRAN
Amendment 240 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point -a a (new)
Regulation (EU) 2019/631
Article 1 – paragraph 4 – point (b)
(-aa) paragraph 4 point (b) is replaced by the following "(b) for the average emissions of the new light commercial vehicles fleet, an EU fleet-wide target equal to a 15 % reduction of the target in 2021 determined in accordance with point 6.1.1 of Part B of Annex I. as set in Regulation (EU) 2019/631." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32019R0631)
2022/02/02
Committee: ENVI
Amendment 240 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b
Regulation (EU) 2019/631
Article 15 – paragraph 3 to 5
(b ) paragraphs 23 to 5 are deleted
2022/02/02
Committee: TRAN
Amendment 242 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point -a b (new)
Regulation (EU) 2019/631
Article 1 – paragraph 4 – point b
(-ab) paragraph 4 point (b) is replaced by the following "(b) for the average emissions of the new light commercial vehicles fleet, an EU fleet-wide target equal to a 15 % reduction of the target in 2021 determined in accordance with point 6.1.1 of Part B of Annex I. as set in Regulation (EU) 2019/631." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32019R0631)
2022/02/02
Committee: ENVI
Amendment 245 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point a
Regulation 2019/631
Annex I – Part A – point 6.1
EU fleet-wide targets for 2025 onwardsand 2030’,
2022/02/02
Committee: TRAN
Amendment 252 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point b
Regulation 2019/631
Annex I Part A point 6.1.2
(b) in point 6.1.2, the heading is replaced by the following: ‘EU fleet-wide target for 2030 to 2034’deleted
2022/02/02
Committee: TRAN
Amendment 257 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EU) 2019/631
Article 1 – paragraph 5 – point a
(i) in point (a), the figure “37,5 %” is replaced by ‘545 %’,
2022/02/02
Committee: ENVI
Amendment 257 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c
Regulation (EU) 2019/631
Annex I – Part A – point 6.1.3
(c) the following point 6.1.3 is added: ‘6.1.3. EU fleet-wide target for 2035 onwards EU fleet-wide target2035 = EU fleet-wide target2021– reduction factor2035) null where: EU fleet-wide target2021 is as defined in point 6.0; Reduction factor2035 is as defined in Article 1(5a), point (a).’deleted
2022/02/02
Committee: TRAN
Amendment 263 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point ii
Regulation (EU) 2019/631
Article 1 – paragraph 5 – point b
(ii) in point (b), the figure “31 %” is replaced by ‘540 %’,
2022/02/02
Committee: ENVI
Amendment 267 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point f
Regulation 2019/631
Annex A – Part A – point 6.3.1
6.3.1 Specific emissions targets for 2025 to 2029onwards:
2022/02/02
Committee: TRAN
Amendment 272 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Article 1 – paragraph 5 a (new)
(b) the following paragraph 5a is inserted: ‘5a. From 1 January 2035, the following EU fleet-wide targets shall apply: (a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 100 % reduction of the target in 2021 determined in accordance with Part A, point 6.1.3, of Annex I; (b) for the average emissions of the new light commercial vehicles fleet, an EU fleet-wide target equal to a 100 % reduction of the target in 2021 determined in accordance with Part B, point 6.1.3, of Annex I.’deleted
2022/02/02
Committee: ENVI
Amendment 284 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point f
Regulation (EU) 2019/631
Annex I – Part A – Point 6.3.2.
6.3.2 Specific emissions targets for 2030 to 2034onwards
2022/02/02
Committee: TRAN
Amendment 290 #
2022/02/02
Committee: ENVI
Amendment 302 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point f
Regulation (EU) 2019/631
Annex I – Part A – point 6.3.3.
6.3.3 Specific emissions targets for 2035 onwards Specific emissions target = EU fleet-wide target2035 + a2035 · (TM-TM0) Where, EU fleet-wide target2035 is as determined in accordance with point 6.1.3; a2035 is 𝒂𝟐𝟎𝟐𝟏 .𝑬𝑼 𝒇𝒍𝒆𝒆𝒕 ― 𝒘𝒊𝒅𝒆 𝒕𝒂𝒓𝒈𝒆𝒕 𝟐𝟎𝟑𝟓 where, a2021 is as defined in point 6.2.1 average emissions2021 is as defined in point 6.2.1 TM is as defined in point 6.2.1 TM0 is as defined in point 6.2.1 ___________________ * The share of zero- and low-emission vehicles in the new passenger car fleet of a Member State in 2017 is calculated as the total number of new zero- and low- emission vehicles registered in 2017 divided by the total number of new passenger cars registered in the same year.;deleted 𝒂𝒗𝒆𝒓𝒂𝒈𝒆 𝒆𝒎𝒊𝒔𝒔𝒊𝒐𝒏𝒔 𝟐𝟎𝟐𝟏
2022/02/02
Committee: TRAN
Amendment 322 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – introductory part
Regulation (EU) 2019/631
Article 4
(4) in Article 4(1), the following subparagraph is added, is amended as follows:
2022/02/02
Committee: ENVI
Amendment 323 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation 2019/631
Article 4 – paragraph 1 – subparagraph 2
(4) in Article 4(1), the following subparagraph is added: ‘For the purposes of point (c), where the specific emission target determined in accordance with Part A, point 6.3., of Annex I or Part B, point 6.3., of Annex I is negative, the specific emission target shall be 0 g/km.’;deleted
2022/02/02
Committee: ENVI
Amendment 325 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation 2019/631
Article 4 – paragraph 1– subparagraph 2
‘For the purposes of point (c),where the specific emission target determined in accordance with Part A, point 6.3., of Annex I or Part B, point 6.3., of Annex I is negative, the specific emission target shall be 0 g/km.’;
2022/02/02
Committee: ENVI
Amendment 325 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point a
Regulation (EU) 2019/631
Annex I – Part B – point 6.1.
The EU fleet-wide targets for 2025 onwardsand 2030
2022/02/02
Committee: TRAN
Amendment 332 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) 2019/631
Article 4 – paragraph 3 a (new)
(4a) in Article 4 the following paragraph is added: ‘3a. Manufacturers, other than manufacturers which have been granted a derogation, may form a pool or may trade credits for the purposes of meeting their obligations. For the purposes of determining each manufacturer’s average specific emissions of CO2,a potential over-achievement of a manufacturer’s CO2 target in one category (M1or N1) could be combined with an exceedance in the other category (M1 or N1) by the same or another manufacturer. Due to the different target definitions of M1 & N1, this specific credit transfer mechanism option can only combine the difference between a manufacturer’s specific emission target and its specific emissions in one category (M1 or N1) with the difference between a manufacturer’s specific emission target and its specific emissions in the other category (M1 or N1).When the credit trading in one category allows to compensate the exceedance of the other category, the combination shall be considered to have met the two specific emissions targets. For fleet compliance, the maximum amount of grammes that can be traded between M1 and N1 segments of the same or a different manufacturer is capped to 7g WLTP.’
2022/02/02
Committee: ENVI
Amendment 334 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point b
Regulation (EU) 2019/631
Annex I – Part B – point 6.1.2
(b) in point 6.1.2 the heading is replaced by the following: ‘The EU fleet-wide targets for 2030 to 2034’deleted
2022/02/02
Committee: TRAN
Amendment 337 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point c
Regulation (EU) 2019/631
Annex I – Part B – point 6.1.3.
(c) the following point 6.1.3 is added: ‘6.1.3. The EU fleet-wide targets for 2035 onwards EU fleet-wide target2035 = EU fleet-wide target2021– reduction factor2035) null where: EU fleet-wide target2021 is as defined in point 6.0; Reduction factor2035 is as defined in Article 1(5a), point (b).’deleted
2022/02/02
Committee: TRAN
Amendment 341 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EU) 2019/631
Article 6 – paragraph 6
6.(4a) Article 6 paragraph 6 is amended as follows "6. ‘(a) Paragraph 5 shall not apply where all the manufacturers included in the pool are part of the same group of connected manufacturers. or where the credit transfer consists of only one manufacturer transferring respective credits between the passenger car and light commercial vehicle fleets; (b) The respective individual manufacturer(s) targets shall be replaced by a modified target for the manufacturer(s) where there is credit transfer of passenger and light commercial vehicles differences between specific targets (M1 or N1) and specific emissions (M1 or N1). The modification is defined as follows: the difference between a manufacturer’s specific emission target and its specific emissions in one category (M1 or N1) with the difference between a manufacturer’s specific emission target and its specific emissions in the other category (M1 or N1).When the volume based credit trading in one category allows to compensate the exceedance of the other category, the combination shall be considered to have met the two specific emissions targets." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32019R0631)
2022/02/02
Committee: ENVI
Amendment 348 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point d
Regulation (EU) 2019/631
Annex I – Part B – point 6.2.2.
6.2.2. Specific emissions reference targets for 2030 to 2034 Specific emissions reference target = EU fleet-wide target2030 + α · (TM-TM0) Where, EU fleet-wide target2030 is as determined in accordance with point 6.1.3; α is a2030,L where the average test mass of a manufacturer’s new light commercial vehicles is equal to or lower than TM0, and a2030,H where the average test mass of a manufacturer’s new light commercial vehicles is higher than TM0; where: a2030,L is 𝒂 𝟐𝟎𝟐𝟏 . 𝑬𝑼 𝒇𝒍𝒆𝒆𝒕 ― 𝒘𝒊𝒅𝒆 𝒕𝒂𝒓𝒈𝒆𝒕 𝟐𝟎𝟑𝟎 a2030,H is 𝒂 𝟐𝟎𝟐𝟏 . 𝑬𝑼 𝒇𝒍𝒆𝒆𝒕 ― 𝒘𝒊𝒅𝒆 𝒕𝒂𝒓𝒈𝒆𝒕 𝟐𝟎𝟑𝟎 average emissions2021 is as defined in point 6.2.1 TM is as defined in point 6.2.1 TM0 is as defined in point 6.2.1deleted 𝒂𝒗𝒆𝒓𝒂𝒈𝒆 𝒆𝒎𝒊𝒔𝒔𝒊𝒐𝒏𝒔 𝟐𝟎𝟐𝟏 𝒂𝒗𝒆𝒓𝒂𝒈𝒆 𝒆𝒎𝒊𝒔𝒔𝒊𝒐𝒏𝒔 𝟐𝟎𝟐𝟓
2022/02/02
Committee: TRAN
Amendment 355 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) 2019/631
Article 10 – paragraph 2
(6) in Article 10(2), the first sentence is replaced by the following: ‘‘A derogation applied for under paragraph 1 may be granted from the specific emission targets applicable until and including calendar year 2029.’;’deleted
2022/02/02
Committee: ENVI
Amendment 355 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point e
Regulation (EU) 2019/631
Annex I – Part B – point 6.2.3.
(e) the following point 6.2.3 is added: ‘6.2.3. Specific emissions reference targets for 2035 onwards Specific emissions reference target = EU fleet-wide target2035 + α · (TM-TM0) Where, EU fleet-wide target2035 is as determined in accordance with point 6.1.3; α is a2035,L where the average test mass of a manufacturer’s new light commercial vehicles is equal to or lower than TM0, and a2035,H where the average test mass of a manufacturer’s new light commercial vehicles is higher than TM0; where: a2035,L is 𝒂 𝟐𝟎𝟐𝟏 . 𝑬𝑼 𝒇𝒍𝒆𝒆𝒕 ― 𝒘𝒊𝒅𝒆 𝒕𝒂𝒓𝒈𝒆𝒕 𝟐𝟎𝟑𝟓 a2035,H is 𝒂 𝟐𝟎𝟐𝟏 . 𝑬𝑼 𝒇𝒍𝒆𝒆𝒕 ― 𝒘𝒊𝒅𝒆 𝒕𝒂𝒓𝒈𝒆𝒕 𝟐𝟎𝟑𝟓 average emissions2021 is as defined in point 6.2.1 TM is as defined in point 6.2.1 TM0 is as defined in point 6.2.1’deleted 𝒂𝒗𝒆𝒓𝒂𝒈𝒆 𝒆𝒎𝒊𝒔𝒔𝒊𝒐𝒏𝒔 𝟐𝟎𝟐𝟏 𝒂𝒗𝒆𝒓𝒂𝒈𝒆 𝒆𝒎𝒊𝒔𝒔𝒊𝒐𝒏𝒔 𝟐𝟎𝟐𝟓
2022/02/02
Committee: TRAN
Amendment 359 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point e
Regulation (EU) 2019/631
Annex I – Part B – point 6.3.1
(e) Point 6.3.1 is replaced by the following: "6.3.1. Specific emissions targets for 2025 to 2029 The sSpecific emissions target = (specific emissions reference target – (øtargets – EU fleet-wide target2025)) ·correction). ZLEV factor where: sSpecific emissions reference target is the specific emissions reference target for the manufacturer determined in accordance with point 6.2.1; øtargets EU fleet-wide target2025correction = (øtarget – EU fleet-wide target2021)· (1- reduction factor2025) øtarget is the average, weighted on the number of new light commercial vehicles of each individual manufacturer, of all the specific emissions reference targets determined in accordance with point 6.2.1; , by 31 October 2024 and every second year thereafter, the figures Øtarget for new light commercial vehicles in the preceding two calendar years starting with 2022 and 2023. The new respective Øtarget shall apply from 1 January of the calendar year following the date of the adjustment; ZLEV factor is (1 + y – x), unless this sum is larger than 1,05 or lower than 1,0 in which case the ZLEV factor shall be set to 1,05 or 1,0, as the case may be; where; y is the share of zero- and low-emission vehicles in the manufacturer's fleet of new light commercial vehiclepassenger cars calculated as the total number of new zero- and low- emission vehicles, where each of them is counted as ZLEV specific in accordance with the following formula, divided by the total number of new light commercial vehiclepassenger cars registered in the relevant calendar year: ZLEVspecific = x is 15% (𝑠𝑝𝑒𝑐𝑖𝑓𝑖𝑐 𝑒𝑚𝑖𝑠𝑠𝑖𝑜𝑛 50 𝑜𝑓 𝐶𝑂2 ) ZLEVspecific = (𝑠𝑝𝑒𝑐𝑖𝑓𝑖𝑐 𝑒𝑚𝑖𝑠𝑠𝑖𝑜𝑛 50 𝑜𝑓 𝐶𝑂2 ) x is 15% Or. en(Regulation (EU) 2019/631)
2022/02/02
Committee: TRAN
Amendment 369 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point f
Regulation (EU) 2019/631
Annex I – Part B – point 6.3.2.
6.3.2. Specific emissions targets for 2030 to 2034onwards
2022/02/02
Committee: TRAN
Amendment 373 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) 2019/631
Article 11a (new)
(6a) the following Article 11a is inserted: Use of synthetic and alternative fuels (1) Upon application by a manufacturer, CO2savings achieved through the use of synthetic and advanced alternative fuels(hereinafter “alternative fuels”) shall be considered in accordance with paragraphs 2 and 3 of this Article. (2) The contribution of the CO2 savings achieved through the use of alternative fuels can be accounted for the manufacturer’s average specific CO2 emissions as referred to in paragraph 1 of this Article, In alternative, CO2 savings achieved through the use of alternative fuels may be allocated to individual vehicles which are technically capable of using the credited alternative fuel in accordance with Regulation (EC) 715/2007. (3) Each Member State shall record for each calendar year the quantities of alternative fuels placed on the market by a manufacturer, or the quantities of alternative fuels allocated to a manufacturer, and shall provide appropriate certification of these quantities and the resulting CO2 savings by correspondingly applying the certification and documentation procedure laid down in Directive (EU) 2018/2001. The Member States shall ensure that credits are issued only for quantities that meet the requirements of Directive (EU) 2018/2001 and where it is ensured that no simultaneous allocation takes place against the reduction targets set out in Article 25(1) of Directive (EU) 2018/2001. The credits must indicate the issuing Member State, their period of validity, and the quantity and type of alternative fuel for which they were issued. The credits must be tradable. With a view to minimising the risk of single quantities being claimed more than once in the Union, Member States and the Commission shall strengthen cooperation among national systems, including, where appropriate, the exchange of data. Where the competent authority of one Member State suspects or detects a fraud, it shall, where appropriate, inform the other Member States. (4) The amount of the savings referred to in paragraphs 1 and 2 shall be calculated in accordance with Annex I, Part C.
2022/02/02
Committee: ENVI
Amendment 373 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point f
Regulation (EU) 2019/631
Annex I – Part B – point 6.3.2
Specific emissions target = (specific emissions reference target – (øtargets - EU fleet-wide target2030)correction) ZLEV factor
2022/02/02
Committee: TRAN
Amendment 378 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) 2019/631
Article 12 – paragraph 3a (new)
(6a) In Article 12, the following paragraph is inserted: ‘3a. ‘The Commission shall draw up, no later than 31 December 2023, a common Union methodology for the assessment and the consistent data reporting of the full life-cycle CO2 emissions of fuels and energy consumed by vehicles on the EU market.’
2022/02/02
Committee: ENVI
Amendment 379 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point f
Regulation (EU) 2019/631
Annex I – Part B – point 6.3.2
EU fleet-wide target2030 is as determined in point 6.1.2.deleted
2022/02/02
Committee: TRAN
Amendment 381 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point g
Regulation (EU) 2019/631
Annex I – Part B – point 6.3.2..
(g) the following point 6.3.3 is added: ‘6.3.3. Specific emissions targets for 2035 onwards Specific emissions target = specific emissions reference target – (øtargets - EU fleet-wide target2035) where: Specific emissions reference target is the specific emissions reference target for the manufacturer determined in accordance with point 6.2.3; øtargets is the average, weighted on the number of new light commercial vehicles of each individual manufacturer, of all the specific emission reference targets determined in accordance with point 6.2.3; EU fleet-wide target2035 is as determined in point 6.1.3.’deleted
2022/02/02
Committee: TRAN
Amendment 392 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 3 (new)
Regulation (EU) 2019/631
Annex I – Part C – point (new)
In Annex 1 , the following, new Part C is added: “PART C Calculation of the CO2 savings achieved through the use of alternative fuels pursuant to Art. 11a The total (origin) of all CO2 savings credits (credit total) in g in year t pursuant to Art. 11a shall be calculated using the formula: credittotal,t = ∑𝒌(𝒇𝒖𝒆𝒍𝒌,𝒕 × 𝑪𝑶𝟐𝒓𝒆𝒇 × 𝑪𝑶𝟐𝒔𝒂𝒗𝒊𝒏𝒈𝒌) + bankingt-1 The total (usage) of all CO2 savings credits is also calculated using the formula: credittotal,t = creditfleet,t + ∑𝒋𝒄𝒓𝒆𝒅𝒊𝒕𝒗𝒆𝒉𝒊𝒄𝒍𝒆,𝒋,𝒕 + bankingt The CO2 reduction amount in g credited in year t to the specific average emissions in accordance with Article 11a(1) (reduction amount fleet) shall be calculated using the formula: credittotal,t = creditfleet,t + ∑𝒋𝒄𝒓𝒆𝒅𝒊𝒕𝒗𝒆𝒉𝒊𝒄𝒍𝒆,𝒋,𝒕 + bankingt The CO2 reduction amount credited in year t to an individual vehicle “j” in accordance with Article 11a(2) (reduction amountvehicle,j,t) shall be calculated using the formula: 𝒄𝒓𝒆𝒅𝒊𝒕𝒗𝒆𝒉𝒊𝒄𝒍𝒆,𝒋,𝒕 reduction amountvehicle,j,t = 𝒎𝒊𝒍𝒆𝒂𝒈𝒆 Where: ∑𝒌(.) Total of all alternative fuels placed on the market across all fuel types ∑𝒋(.) Total of all CO2 reductions credited to individual vehicles pursuant to Article 11a(2) fuelk,t Contributed or allocated quantity in MJ of an alternative fuel k placed on the market in year t CO2ref CO2 emission comparator for fossil fuels in g/MJ pursuant to Directive (EU) 2018/2001 CO2savingk Greenhouse gas emissions saving of each alternative fuel pursuant Directive (EU) 2018/2001 in comparison to fossil fuels in % bankingt Alternative fuels credits not used and transferred by a manufacturer in year t creditfleet,t Total emission reduction credits in g CO2 credited in year t pursuant to Article 11a(1) creditvehicle,j,t Emission reductions in g CO2 credited to vehicle j in year t pursuant to Article 11a(2) mileage Average expected lifetime distance driven in km of a manufacturer’s newly registered vehicle. According to historical values 180,000 km can be used. This is in line with the Report for the European Commission by Ricardo-AEA (Ref: Ares (2014)2298698) the average diesel car lifetime mileage is approximately 208,000 km while petrol lifetime mileages fluctuate between 160,000 and 170,000 km. Diesel cars accounted for approx. 35% of new passenger cars in 2018. vehiclest Number of vehicles registered by a manufacturer in year t “
2022/02/02
Committee: TRAN
Amendment 394 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14a – paragraph 1
By 31 December 2025, and every two years thereafter, the Commission shall report on the progress towards zero emission road mobility. The report shall in particular monitor and assess the need for possible additional measures to facilitate the transition, including through financial means.
2022/02/02
Committee: ENVI
Amendment 402 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/631
Article 14a – paragraph 2
In the reporting, the Commission shall consider all factors that contribute to a cost-efficient progress towards climate neutrality by 2050. This includes the deployment of zero- and low-emission vehicles, to be analysed not under a purely tailpipe-emissions-based measurement, but under a holistic life- cycle analysis-based approach to emissions, taking into account also the green-house gas intensity at mineral extraction, production and end-of-life stages, allowing inter alia for the accounting of green steel and recycled materials, as well as the energy mix in the respective Member State of circulation, progress in achieving the targets for the roll-out of recharging and refuelling infrastructure as required under the Alternative Fuels Infrastructure Regulation, the potential contribution of innovation technologies and sustainable alternative fuels to reach climate neutral mobility, impact on consumers, progress in social dialogue as well as aspects to further facilitate an economically viable and socially fair transition towards zero emission road mobility.;
2022/02/02
Committee: ENVI
Amendment 426 #

2021/0197(COD)

The report shall, where appropriate, be accompanied by a proposal for amending this Regulation and identifying a clear pathway for further CO2 emissions reductions by introducing EU fleet-wide targets for new passenger cars fleet and for new light commercial vehicles fleet from 1 January 2035 and from 1 January 2040, based on a LCA methodology developed by the European Commission no later than 31 December 2023.
2022/02/02
Committee: ENVI
Amendment 430 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a a (new)
Regulation (EU) 2019/631
Article 15 – paragraph 2
2. (aa) paragraph 2 is replaced by the following: "In the report referred to in paragraph 1, the Commission shall consider, inter alia, the real-world representativeness of the CO2 emission and fuel or energy consumption values determined pursuant to Regulation (EC) No 715/2007; the deployment on the Union market of zero- and low-emission vehicles, in particular with respect to light commercial vehicles; the roll-out of recharging and refuelling infrastructure reported under Directive 2014/94/EURegulation(XXX) of the European Parliament and of the Council (20), including their financingon the deployment of alternative fuels infrastructure , including their financing; the implementation of the Energy Performance of the building Directive 2010/31/EU and its foreseen review; the potential contribution of the use of synthetic and advanced alternative fuels produced with renewable energy to emissions reductions; the CO2 emissions reduction actually observed at the existing fleet level; the functioning of the incentive mechanism for zero- and low-emission vehicles; the potential effects of the transitional measure set out in point 6.3 of Part A of Annex I; the impact of this Regulation on consumers, particularly on those on low and medium incomes; as well as aspects to further facilitate an economically viable and socially fair transition towards clean, competitive and affordable mobility in the Union. The Commission shall, in that report, also identify a clear pathway for further CO2 emissions reductions for passenger cars and light commercial vehicles beyond 2030 in order to significantly contribute to achieving the long-term goal of the Paris Agreement. " Or. en (Regulation 2019/631 https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=celex%3A32019R0631)
2022/02/02
Committee: ENVI
Amendment 440 #

2021/0197(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b
Regulation (EU) 2019/631
Article 15 – paragraphs 3 and 5
(b) paragraphs 23 to 5 are deleted,
2022/02/02
Committee: ENVI
Amendment 457 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point a
Regulation (EU) 2019/631
Annex I – Part A – point 6.1
EU fleet-wide targets for 2025 onwards’and 2030,
2022/02/02
Committee: ENVI
Amendment 466 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point b
Regulation (EU) 2019/631
Annex I – Part A – point 6.1.2
(b) in point 6.1.2, the heading is replaced by the following: ‘EU fleet-wide target for 2030 to 2034’deleted
2022/02/02
Committee: ENVI
Amendment 480 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point c
Regulation (EU) 2019/631
Annex I – Part A – point 6.1.3
(c) the following point 6.1.3 is added: ‘6.1.3. EU fleet-wide target for 2035 onwards EU fleet-wide target2035 = EU fleet-wide target2021– * (1 – reduction factor2035) where: EU fleet-wide target2021 is as defined in point 6.0; Reduction factor2035 is as defined in Article 1(5a), point (a).’deleted
2022/02/02
Committee: ENVI
Amendment 505 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point f
Regulation (EU) 2019/631
Annex 1 – Part A – point 6.3.1
6.3.1 Specific emissions targets for 2025 to 2029onwards:
2022/02/02
Committee: ENVI
Amendment 528 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point f
Regulation 2019/631
Annex I – Part A – Point 6.3.2.
6.3.2 Specific emissions targets for 2030 to 2034onwards
2022/02/02
Committee: ENVI
Amendment 546 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 1 – point f
Regulation (EU) 2019/631
Annex I – Part A – point 6.3.3
6.3.3 Specific emissions targets for 2035 onwards Specific emissions target = EU fleet-wide target2035 + a2035 · (TM-TM0) Where, EU fleet-wide target2035 is as determined in accordance with point 6.1.3; a2035 is where, a2021 is as defined in point 6.2.1 average emissions2021 is as defined in point 6.2.1 TM is as defined in point 6.2.1 TM0 is as defined in point 6.2.1 ___________________ * The share of zero- and low-emission vehicles in the new passenger car fleet of a Member State in 2017 is calculated as the total number of new zero- and low- emission vehicles registered in 2017 divided by the total number of new passenger cars registered in the same year.;deleted 𝑎2021 ∙ 𝐸𝑈 𝑓𝑙𝑒𝑒𝑡 ― 𝑤𝑖𝑑𝑒 𝑡𝑎𝑟𝑔𝑒𝑡2035 𝑎𝑣𝑒𝑟𝑎𝑔𝑒 𝑒𝑚𝑖𝑠𝑠𝑖𝑜𝑛𝑠2021
2022/02/02
Committee: ENVI
Amendment 557 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point a
Regulation (EU) 2019/631
Annex I – Part B – point 6.1
The EU fleet-wide targets for 2025 onwardsand 2030
2022/02/02
Committee: ENVI
Amendment 564 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point b
Regulation (EU) 2019/631
Annex I – Part B – point 6.1.2
(b) in point 6.1.2 the heading is replaced by the following: ‘The EU fleet-wide targets for 2030 to 2034’deleted
2022/02/02
Committee: ENVI
Amendment 572 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point c
Regulation (EU) 2019/631
Annex I – Part B – point 6.1.3
(c) the following point 6.1.3 is added: ‘6.1.3. The EU fleet-wide targets for 2035 onwards EU fleet-wide target2035 = EU fleet-wide target2021* (1 – reduction factor2035) where: EU fleet-wide target2021 is as defined in point 6.0; Reduction factor2035 is as defined in Article 1(5a), point (b).’deleted
2022/02/02
Committee: ENVI
Amendment 589 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point d
Regulation (EU) 2019/631
Annex I – Part B – point 6.2.2
6.2.2. Specific emissions reference targets for 2030 to 2034 Specific emissions reference target = EU fleet-wide target2030 + α · (TM-TM0) Where, EU fleet-wide target2030 is as determined in accordance with point 6.1.3; α is a2030,L where the average test mass of a manufacturer’s new light commercial vehicles is equal to or lower than TM0, and a2030,H where the average test mass of a manufacturer’s new light commercial vehicles is higher than TM0; where: a2030,L is a2030,H is average emissions2021 is as defined in point 6.2.1 TM is as defined in point 6.2.1 TM0 is as defined in point 6.2.1deleted 𝑎2021 ∙ 𝐸𝑈 𝑓𝑙𝑒𝑒𝑡 ― 𝑤𝑖𝑑𝑒 𝑡𝑎𝑟𝑔𝑒𝑡2030 𝐴𝑣𝑒𝑟𝑎𝑔𝑒 𝑒𝑚𝑖𝑠𝑠𝑖𝑜𝑛𝑠2021 𝑎2021.𝐸𝑈 𝑓𝑙𝑒𝑒𝑡 ― 𝑤𝑖𝑑𝑒 𝑡𝑎𝑟𝑔𝑒𝑡2030 𝐸𝑈 𝑓𝑙𝑒𝑒𝑡 ― 𝑤𝑖𝑑𝑒 𝑡𝑎𝑟𝑔𝑒𝑡2025
2022/02/02
Committee: ENVI
Amendment 599 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point e
Regulation (EU) 2019/631
Annex I – Part B – point 6.2.3
(e) the following point 6.2.3 is added: ‘6.2.3. Specific emissions reference targets for 2035 onwards Specific emissions reference target = EU fleet-wide target2035 + α · (TM-TM0) Where, EU fleet-wide target2035 is as determined in accordance with point 6.1.3; α is a2035,L where the average test mass of a manufacturer’s new light commercial vehicles is equal to or lower than TM0, and a2035,H where the average test mass of a manufacturer’s new light commercial vehicles is higher than TM0; where: a2035,L is a2035,H is average emissions2021 is as defined in point 6.2.1 TM is as defined in point 6.2.1 TM0 is as defined in point 6.2.1’deleted 𝑎2021 ∙ 𝐸𝑈 𝑓𝑙𝑒𝑒𝑡 ― 𝑤𝑖𝑑𝑒 𝑡𝑎𝑟𝑔𝑒𝑡2035 𝐴𝑣𝑒𝑟𝑎𝑔𝑒 𝑒𝑚𝑖𝑠𝑠𝑖𝑜𝑛𝑠2021 𝑎2021.𝐸𝑈 𝑓𝑙𝑒𝑒𝑡 ― 𝑤𝑖𝑑𝑒 𝑡𝑎𝑟𝑔𝑒𝑡2035 𝐸𝑈 𝑓𝑙𝑒𝑒𝑡 ― 𝑤𝑖𝑑𝑒 𝑡𝑎𝑟𝑔𝑒𝑡2025
2022/02/02
Committee: ENVI
Amendment 615 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point e a (new)
Regulation (EU) 2019/631
Annex I – Part B – point 6.3.1
The s(ea) point 6.3.1. is replaced by the following: "6.3.1. Specific emissions targets for 2025 to 2029 Specific emissions target = (specific emissions reference target – (øtargets – EU fleet-wide target2025)) ·). ZLEV factor where: sSpecific emissions reference target is the specific emissions reference target for the manufacturer determined in accordance with point 6.2.1; ø EU fleet-wide target= (target – EU fleet-wide target)· (1- reduction factor) targets is the average, weighted on the number of new light commercial vehicles of each individual manufacturer, of all the specific emissions reference targets determined in accordance with point 6.2.1, by 31 October 2024 and every second year thereafter, the figures target for new light commercial vehicles in the preceding two calendar years starting with 2022 and 2023.The new respective target shall apply from 1 January of the calendar year following the date of the adjustment; ZLEV factor is (1 + y – x), unless this sum is larger than 1,05 or lower than 1,0 in which case the ZLEV factor shall be set to 1,05 or 1,0, as the case may be; where: y is the share of zero- and low-emission vehicles in the manufacturer's fleet of new light commercial vehiclepassenger cars calculated as the total number of new zero- and low-emission vehicles, where each of them is counted as ZLEVspecific in accordance with the following formula, divided by the total number of new light commercial vehiclepassenger cars registered in the relevant calendar year: x is 15 %. ZLEV= 1 – ( specific emissions of CO2 / 50) x is 15%’" Or. en (Regulation 2019/631 https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=celex%3A32019R0631)
2022/02/02
Committee: ENVI
Amendment 622 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point f
Regulation (EU) 2019/631
Annex I – Part B – point 6.3.2
6.3.2. Specific emissions targets for 2030 to 2034onwards
2022/02/02
Committee: ENVI
Amendment 629 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point f
Regulation (EU) 2019/631
Annex I – Part B – point 6.3.2
Specific emissions target = (specific emissions reference target – (øtargets - EU fleet-wide target2030)correction) ZLEV factor
2022/02/02
Committee: ENVI
Amendment 638 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point f
Regulation (EU) 2019/631
Annex I – Part B – point 6.3.2
EU fleet-wide target2030correction = (øtarget – EU fleet-widetarget2021) · (1- reduction factor2030) øtargets is the average, weighted on the number of new light commercial vehicles of each individual manufacturer, of all the specific emissions reference targets determined in accordance with point 6.2.2; 1, by 31 October 2024 and every second year thereafter, the figures Øtarget for new light commercial vehicles in the preceding two calendar years starting with 2022 and 2023.The new respective Øtarget shall apply from 1 January of the calendar year following the date of the adjustment; ZLEV factor is (1 + y – x),unless this sum is larger than 1,05 or lower than 1,0 in which case the ZLEVfactor shall be set to 1,05 or 1,0, as the case may be; where: y is the share of zero- and low-emission vehicles in the manufacturer's fleet of new passenger cars calculated as the total number of new zero- and low-emission vehicles, where each of them is counted as ZLEVspecific in accordance with the following formula, divided by the total number of new passenger cars registered in the relevant calendar year: ZLEVspecific = 1 – (specific emissions of CO2 / 50) x is [x] %’
2022/02/02
Committee: ENVI
Amendment 639 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point f
Regulation (EU) 2019/631
Annex I – Part B – point 6.3.2
EU fleet-wide target2030 is as determined in point 6.1.2.deleted
2022/02/02
Committee: ENVI
Amendment 643 #

2021/0197(COD)

Proposal for a regulation
Annex I – paragraph 1 – point 2 – point g
Regulation (EU) 2019/631
Annex I – Part B – point 6.3.3
(g) the following point 6.3.3 is added: ‘6.3.3. Specific emissions targets for 2035 onwards Specific emissions target = specific emissions reference target – (øtargets - EU fleet-wide target2035) where: Specific emissions reference target is the specific emissions reference target for the manufacturer determined in accordance with point 6.2.3; øtargets is the average, weighted on the number of new light commercial vehicles of each individual manufacturer, of all the specific emission reference targets determined in accordance with point 6.2.3; EU fleet-wide target2035 is as determined in point 6.1.3.’deleted
2022/02/02
Committee: ENVI