BETA

1578 Amendments of Malte GALLÉE

Amendment 1 #

2023/2108(INI)

Draft opinion
Recital A (new)
A. whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights as set out in Article 2 TEU; whereas its actions on the international scene must be guided by those principles and consistent with the principle of Policy Coherence for Development, as enshrined in Article 208 of the Lisbon Treaty;
2023/09/25
Committee: DEVE
Amendment 2 #

2023/2108(INI)

Draft opinion
Recital A a (new)
A a. whereas the implementation the 2030 Agenda for Sustainable Development and ‘Leaving No One Behind’ imply that economic development goes hand in hand with social justice, good governance and respect for human rights;
2023/09/25
Committee: DEVE
Amendment 4 #

2023/2108(INI)

Draft opinion
Recital A c (new)
A c. whereas victims of corporate abuse face multiple obstacles to accessing remedies; whereas impunity for human rights abuse by transnational corporations remains largely unaddressed in the absence of a robust and comprehensive regulatory framework at global level;
2023/09/25
Committee: DEVE
Amendment 8 #

2023/2108(INI)

Draft opinion
Paragraph -1 (new)
-1. Regrets that UNGPs are not embodied in enforceable instruments; recalls that the poor implementation of UNGPs, as is the case of other internationally recognised standards such as OECD Guidelines for Multinational Enterprises has been largely attributed to their non-binding character;
2023/09/25
Committee: DEVE
Amendment 9 #

2023/2108(INI)

Draft opinion
Paragraph -1 a (new)
-1a. Notes with concern that there is an asymmetry between the rights and obligations of transnational corporations, particularly in investment protection treaties, where investors are granted broad rights, that are not necessarily matched by binding and enforceable obligations in terms of compliance with human rights, labour and environmental law;
2023/09/25
Committee: DEVE
Amendment 11 #

2023/2108(INI)

Draft opinion
Paragraph 1
1. Underlines the urgent need to approve binding and enforceable international norms to regulate all business enterprises, including the activities of transnational corporations (TNCs) and their global value chains; stresses that a large proportion of human, labour and environmental rights violations are committed by TNCs based in the Global North, but operating in developing countries;
2023/09/25
Committee: DEVE
Amendment 27 #

2023/2108(INI)

4. Stresses the importance that the scope of the LBI under negotiation covers TNCs and otherall business enterprises, including business activities of a transnational character, as established by Resolution 26/9nd state-owned entreprises;
2023/09/25
Committee: DEVE
Amendment 7 #

2023/2073(INI)

Motion for a resolution
Citation – a (new)
– having regard to the African leaders Nairobi Declaration on climate change 2023,
2023/10/17
Committee: DEVE
Amendment 8 #

2023/2073(INI)

Motion for a resolution
Citation – b (new)
– having regard to the African People’s Climate and Development Declaration 2023,
2023/10/17
Committee: DEVE
Amendment 27 #

2023/2073(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas access to energy largely varies across developing countries; whereas in sub-Saharan Africa 52 % of the population lives without access to electricity and it is the only region where the proportion of people without electricity is increasing;
2023/10/17
Committee: DEVE
Amendment 32 #

2023/2073(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas, as a result of the rural- urban divide, energy insecurity rates also vary within countries; whereas in SSA only 30.4 % of the rural population, compared to 80.7 % of the urban population, have regular access to energy;
2023/10/17
Committee: DEVE
Amendment 33 #

2023/2073(INI)

Motion for a resolution
Recital B c (new)
Bc. whereas most people without access to electricity live in rural areas; while in urban or peri-urban environments, it concerns populations of large irregular settlements as well as forcibly displaced people or refugees; whereas even when there is access, the quality of services is often poor;
2023/10/17
Committee: DEVE
Amendment 46 #

2023/2073(INI)

Motion for a resolution
Recital D
D. whereas traditional cooking fuels (solid biomass, kerosene and coal) are the main contributors to carbon emissions and represent a threat to people’s health; whereas 2.4 billion people worldwide rely on these fuels; whereas in 2019 alone Africa recorded 700,000 deaths from household air pollution; whereas EU funding for clean cooking fuels is marginal;
2023/10/17
Committee: DEVE
Amendment 52 #

2023/2073(INI)

Motion for a resolution
Recital E
E. whereas developing countries have an abundance of renewable energy sources, but often lack an enabling policy and regulatory framework for sustainable energy development and use, while they also face multiple challenges such as climate change, over-indebtedness and a rapid demographic growth, which all affect energy demand and consumption;
2023/10/17
Committee: DEVE
Amendment 58 #

2023/2073(INI)

Motion for a resolution
Recital F
F. whereas the EU has a long tradition of energy cooperation in Africa; whereas the EU together with its Member States provided the vast majority of Official Development Assistance financing for SDG 7 projects in Africa amounting to EUR 13.8 billion between 2014 and 2020; whereas an estimated 53 % of the disbursements were in the form of loans; whereas in 2023, 21 low-income countries in Africa are in, or at risk of, debt distress;
2023/10/17
Committee: DEVE
Amendment 69 #

2023/2073(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas Africa is home to almost 18% of the world’s population but accounts for less than 6% of global energy use; whereas Africa is responsible for only 3% of the world’s energy-related CO2 emissions;
2023/10/17
Committee: DEVE
Amendment 73 #

2023/2073(INI)

Motion for a resolution
Recital I
I. whereas the Africa-EU Energy Partnership was renewed in February 2022 with explicitto reflect upon the African Union’s Agenda 2063 as well as the EU’s priorities on climate change, energy security, REPowerEU and the Global Gateway, with the objectives to promote renewable energy generation, including for export to Europe;
2023/10/17
Committee: DEVE
Amendment 76 #

2023/2073(INI)

Motion for a resolution
Recital I a (new)
Ia. whereas REPowerEU set a target to import 10 Mt of green hydrogen annually by 2030; whereas to this effect, the European Commission signed inter alia a Memorandum of Understanding (MoU) for strategic renewable hydrogen partnerships with Namibia and Egypt in November 2022;
2023/10/17
Committee: DEVE
Amendment 78 #

2023/2073(INI)

Motion for a resolution
Recital I b (new)
Ib. whereas according to the International Energy Agency, 99 per cent of globally produced hydrogen is made from fossil fuels;
2023/10/17
Committee: DEVE
Amendment 80 #

2023/2073(INI)

Motion for a resolution
Recital J
J. whereas green hydrogen has the potential to accelerate the path to decarbonisation, provided that it does not slow down local energy transition and it is part of a broader strategy to reduce the overall consumption of energy in developed countries to respect planetary boundaries; at the same time, however, the necessary infrastructure is highly intensive on capital and technology, the long distance transport and storage of hydrogen is energy intensive, expensive and inefficient, while the production of green hydrogen on a large scale requires vast amounts of land and water;
2023/10/17
Committee: DEVE
Amendment 84 #

2023/2073(INI)

Motion for a resolution
Recital J a (new)
Ja. whereas according to the Global Hydrogen Review 2023 of the International Energy Agency (IEA), costs challenges are threatening the long-term profitability of the deployment of hydrogen production; whereas the deployment of hydrogen production risks extending fossil fuel use and extractivist practices, including the large-scale appropriation of land, water, and energy in developing producing countries; which can lead to the displacement of communities and human rights violations notably of indigenous people;
2023/10/17
Committee: DEVE
Amendment 87 #

2023/2073(INI)

Motion for a resolution
Recital K
K. whereas decentralised mini-grid and off-grid renewable energy offer good solutions for remote communities, notably in terms of job creation, education and health, but need to be accompanied by public support to create a viable business model;
2023/10/17
Committee: DEVE
Amendment 95 #

2023/2073(INI)

Motion for a resolution
Recital L a (new)
La. whereas by prioritising the export of renewable energy, developing countries could potentially jeopardise their domestic energy transition and boost fossil fuel consumption in their own electricity mix;
2023/10/17
Committee: DEVE
Amendment 98 #

2023/2073(INI)

Motion for a resolution
Recital M a (new)
Ma. whereas according to the World Resources Institute, 25% of the world’s population face extremely high water stress each year;
2023/10/17
Committee: DEVE
Amendment 99 #

2023/2073(INI)

Motion for a resolution
Recital M b (new)
Mb. whereas water is central to growing crops and raising livestock, producing electricity, maintaining human health, fostering equitable societies and meeting the world’s climate goals;
2023/10/17
Committee: DEVE
Amendment 100 #

2023/2073(INI)

Motion for a resolution
Recital M c (new)
Mc. whereas according to the International Energy Agency, global hydropower capacity is set to increase by 17% between 2021 and 2030; whereas most untapped hydropower potential lies in developing economies across Africa, Asia and Latin America; but whereas large-scale hydropower projects are associated with negative social and environmental impact, from the displacement of vulnerable human populations to the destruction of unique biodiversity;
2023/10/17
Committee: DEVE
Amendment 101 #

2023/2073(INI)

Motion for a resolution
Recital M d (new)
Md. whereas hydropower raises new challenges in the context of climate change, which will dramatically increase the frequency of floods and droughts on the rivers where hydropower projects operate, increasing risks both to their safety and capacity to generate electricity;
2023/10/17
Committee: DEVE
Amendment 122 #

2023/2073(INI)

Motion for a resolution
Paragraph 4
4. Is worried about the health and environmental consequences of household fuelwood emissions, such as respiratory diseases, forest degradation and biodiversity loss; draws attention to the risk of a return to emission fuels to serve energy needs of the growing population especially in SSA;
2023/10/17
Committee: DEVE
Amendment 131 #

2023/2073(INI)

Motion for a resolution
Paragraph 6
6. Expresses concern over the increasing energy needs among refugees and internally displaced persons living in camps; regrets that in isolated areas and humanitarian settings energy insecurity prevents local health clinics and schools to fully operate;
2023/10/17
Committee: DEVE
Amendment 141 #

2023/2073(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Calls on the EU to enhance technical assistance to reform the electricity systems and establish regulatory frameworks that guarantee energy distribution and universal service across territories; furthermore calls on the Commission to report on progress achieved in improving energy access and the regulation of the energy sector;
2023/10/17
Committee: DEVE
Amendment 144 #

2023/2073(INI)

Motion for a resolution
Paragraph 9 – introductory part
9. Highlights the risks of land-use and water-use conflicts – forced resettlement and expropriation for large-scale renewable energy installations; urges the EU to support governments of developing countries to:
2023/10/17
Committee: DEVE
Amendment 147 #

2023/2073(INI)

Motion for a resolution
Paragraph 9 – point a
a) conduct independent and unbiased mapping of traditional land and water use, including for temporal grazing, indigenous cultural heritage and high-value biodiversity systems, prior to the development of renewable energy projects;
2023/10/17
Committee: DEVE
Amendment 156 #

2023/2073(INI)

Motion for a resolution
Paragraph 10
10. Notes, with concern, that large- scale green energy projects (such as wind and solar power) are being set up in dryland areas, for example, without adequate consultation with the customary land users (such as pastoralists); recalls that traditional communal rights have a weak legal status and are often not implemented, thereby increasing the risk of land grabbing; against this background, urges the EU and its partner countries to recognise and protect indigenous people’s rights to customary ownership and control of their lands and natural resources as set out in the UNDRIP and ILO Convention 169 and to comply with the principle of Free, Prior and Informed consent;
2023/10/17
Committee: DEVE
Amendment 159 #

2023/2073(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Recalls that large hydropower projects face a range of challenges, including often prohibitive upfront costs, major cost overruns and delays, difficulties in attracting finance, enormous social and environmental footprints, vulnerability to climate change, and poor track records of delivering promised power;
2023/10/17
Committee: DEVE
Amendment 166 #

2023/2073(INI)

Motion for a resolution
Paragraph 13
13. Stresses that any planning of dams should be evaluated according to five values: equity, efficiency, participatory decision-making, sustainability and accountability, in line with the recommendations of the report of the World Commission on Dams of 16 November 2000; more broadly, urges that the decision-making process on dams takes fully into account the notion of human rights, as enshrined in the Universal Declaration of Human Rights in 1948 and the related covenants adopted thereafter, so as to resolve complex issues surrounding water, dams and development;
2023/10/17
Committee: DEVE
Amendment 174 #

2023/2073(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls on the EU to ensure that the energy systems to be developed do not involve or rely on the expansion of existing or new fossil fuel projects, in line with the recommendations of the International Energy Agency (IEA);
2023/10/17
Committee: DEVE
Amendment 182 #

2023/2073(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Recalls that the Glasgow Statement on International Public Support for the Clean Energy Transition of 2021 commits signatories to end new direct public support for the fossil fuel energy sector; calls on the EU and its Member States to lead by example and to stop financing fossil fuel projects;
2023/10/17
Committee: DEVE
Amendment 185 #

2023/2073(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Recalls that renewable-based alternatives can increasingly provide a cheaper, more accessible, inclusive and reliable source of energy than fossil fuels;
2023/10/17
Committee: DEVE
Amendment 198 #

2023/2073(INI)

Motion for a resolution
Paragraph 17
17. Acknowledges that the expansion of green hydrogen also has negative social and environmental impacts in the Global South, in particular as it relies on mining and the use of raw materials and rare earths, which require large quantities of fresh water and engender water pollution; stresses the need to develop a global resource governance system that prioritises sustainability, efficiency and circularity, with a view to reducing global demand for virgin materials;
2023/10/17
Committee: DEVE
Amendment 202 #

2023/2073(INI)

Motion for a resolution
Paragraph 19
19. Stresses the need to regulate water as a resource for green hydrogen production in a sustainable way, notably in arid regions, so that it does not jeopardise local populations’ access to water or result in rising water costs;
2023/10/17
Committee: DEVE
Amendment 206 #

2023/2073(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Highlights the potential risks of water grabbing and water pollution associated to foreign direct investments in large-scale land acquisitions for renewable energy; calls on the EU and its Member States to enact water-related mandatory due diligence and reporting standards for corporations;
2023/10/17
Committee: DEVE
Amendment 208 #

2023/2073(INI)

Motion for a resolution
Paragraph 21
21. Insists that green hydrogen strategies must follow strong social and sustainability standards; calls for the EU to establish appropriate monitoring frameworks in its partnership agreements that allow for assessing their broader impact on SDG performance, notably through the definition of environmental, social and governance indicators and measurable targets; calls for mandatory environmental impact studies to be conducted, including for desalination, and for biodiversity hotspots to be excluded as sites for green hydrogen facilities; believes that green hydrogen production should demonstrate reliance on materials sourced under environmental and human rights standards for extractive activities (for instance, from countries that are signatories to the Extractive Industries Transparency Initiative);
2023/10/17
Committee: DEVE
Amendment 213 #

2023/2073(INI)

Motion for a resolution
Paragraph 23
23. Stresses that EU financing for renewable energy should be in line with the principles of equity and climate justice, which should comprise, inter alia, financial support, debt assistance, debt relief and cancellation, as well as the fund for Loss and Damage;
2023/10/17
Committee: DEVE
Amendment 216 #

2023/2073(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Highlights that many African countries’ electricity sectors present particularities (sharp growth in demand, small grids, fragile national utilities and customers’ limited ability to pay) which call into question the development model that prioritizes the private sector for production;
2023/10/17
Committee: DEVE
Amendment 234 #

2023/2073(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Invites the Commission to provide disaggregated data on the amount of investments in energy access in order to track how much is allocated to SDG7; as well as to provide data on the Key performance indicator “Renewable energy generation capacity installed (MW) with Union support” identified in the NDICI-GE;
2023/10/17
Committee: DEVE
Amendment 235 #

2023/2073(INI)

Motion for a resolution
Paragraph 26 b (new)
26b. Welcomes the 2023 COP28 Presidency programme priorities to fast track the energy transition to phase out GHG emissions by 2030 and to globally promote a people-centred approach to climate finance and energy infrastructural projects;
2023/10/17
Committee: DEVE
Amendment 236 #

2023/2073(INI)

Motion for a resolution
Paragraph 26 c (new)
26c. Calls on the EU to play a key role in negotiations on mitigation measures for developing countries in order to combat the harmful effects of the use of polluting fuels, while promoting sustainable and clean energy development;
2023/10/17
Committee: DEVE
Amendment 1 #

2023/2031(INI)

Motion for a resolution
Citation 5 a (new)
– having regard to the ILO Convention 169 related to Indigenous and Tribal Peoples,
2023/07/20
Committee: DEVE
Amendment 3 #

2023/2031(INI)

Motion for a resolution
Citation 5 b (new)
– having regard to the Ten Principles of the United Nations Global Compact,
2023/07/20
Committee: DEVE
Amendment 4 #

2023/2031(INI)

Motion for a resolution
Citation 5 c (new)
– having regard to the Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at Work,
2023/07/20
Committee: DEVE
Amendment 5 #

2023/2031(INI)

Motion for a resolution
Citation 5 d (new)
– having regard to the Minamata Convention on Mercury,
2023/07/20
Committee: DEVE
Amendment 6 #

2023/2031(INI)

Motion for a resolution
Citation 5 e (new)
– having regard to the Convention on Biological Diversity, in particular Decision COP VIII/28 - Voluntary guidelines on biodiversity-inclusive impact assessment,
2023/07/20
Committee: DEVE
Amendment 7 #

2023/2031(INI)

Motion for a resolution
Citation 5 f (new)
– having regard to the UNEP Guidelines for Social Life Cycle Assessment of Products,
2023/07/20
Committee: DEVE
Amendment 8 #

2023/2031(INI)

Motion for a resolution
Citation 5 g (new)
– having regard to EIB Eligibility, Excluded Activities and Excluded sectors list,
2023/07/20
Committee: DEVE
Amendment 17 #

2023/2031(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas according to the UNEP, the Artisanal and Small-scale Mining in Protected Areas and Critical Ecosystems (ASM-PACE) project estimates that ASM produces approximately 10 per cent of the word’s gold, 15-20 per cent of its diamonds, 20 to 25 per cent of its tin and tantalum and 80 per cent of coloured gemstones1a; _________________ 1a UNEP, ‘Mineral Resource Governance in the 21st Century. Gearing Extractive Industries Towards Sustainable Development’, p.81.
2023/07/20
Committee: DEVE
Amendment 18 #

2023/2031(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas informal, artisanal and small-scale mining (ASM) is a poverty- driven activity, which generally distinguished from large-scale or industrial mining by its relatively low levels of capital investment, mechanisation, recovery of minerals, high degree of labour intensity, informality, poor occupational health, safety and environmental standards;
2023/07/20
Committee: DEVE
Amendment 19 #

2023/2031(INI)

Motion for a resolution
Recital A c (new)
Ac. whereas ASM often involves women, thereby increasing their vulnerability, due to the lack of access to, use of and control over resource-rich land and other productive resources and finance;
2023/07/20
Committee: DEVE
Amendment 25 #

2023/2031(INI)

Motion for a resolution
Recital D
D. whereas the extractive industries can potentially play a crucial role in the development of many resource-rich developing countries, by providing public revenues from mining and mining-related operations, employment opportunities and infrastructure; yet extractive industry can be disruptive and lead to severe environmental degradation and disruption of social fabric, and in some cases, even unleashing political dynamics that result in the deterioration of governance and serious conflicts;
2023/07/20
Committee: DEVE
Amendment 32 #

2023/2031(INI)

Motion for a resolution
Recital E
E. whereas the extractive industries can have severe negative social, economic, environmental and institutional impacts at local, national and global level; in particular, whereas it creates freshwater competition, especially for agriculture, and water contamination, which has severe and far-reaching impact on biodiversity and ecosystem services, notably fish habitats and populations located downstream of mines and the marine environment, on which people depend for their livelihoods;
2023/07/20
Committee: DEVE
Amendment 35 #

2023/2031(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas according to the International Energy Agency (IEA)1a, around half of global copper and lithium production was concentrated in areas already suffering from high water stress. Additionally, a majority of current and potential excavation locations are located in rural and indigenous areas; _________________ 1a IEA, ‘The role of critical minerals in clean energy transitions’, World Energy Outlook Special Report, 2021, p. 128.
2023/07/20
Committee: DEVE
Amendment 37 #

2023/2031(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas the negative social and environmental impact of extractive industries risk to become more severe in the future, given the trend towards mining lower grade ores, which will lead to larger amounts of waste, as well as higher energy and water demands; whereas this is particularly worrying for marginalised and vulnerable people in developing countries, where the impacts of climate change already increases water scarcity; furthermore, as easily accessible reserves become depleted, exploration is moving to remote and often fragile areas, as in the case of deep-sea mining;
2023/07/20
Committee: DEVE
Amendment 39 #

2023/2031(INI)

Motion for a resolution
Recital E c (new)
Ec. whereas an analysis of the World Bank states that 44% of all operational mines are located in forests, inducing a significant impact on deforestation, as well as on indigenous people and local communities that depend on forests for their livelihoods;
2023/07/20
Committee: DEVE
Amendment 40 #

2023/2031(INI)

Motion for a resolution
Recital E d (new)
Ed. whereas the right to information, participation and remedy are internationally protected human rights enshrined in multilateral agreements, addressing environmental decision- making in particular, which are of particular importance in the case of mining;
2023/07/20
Committee: DEVE
Amendment 49 #

2023/2031(INI)

Motion for a resolution
Recital G
G. whereas accelerating the efforts to address climate change and dealing with the rapidly rising demand for the raw materials indispensable to achieving the green and digital transitions should beraise both challenges and opportunityies for the extractive industries sector to become sustainable, considering that mining activities can lead to deforestation, loss of biodiversity, resulting from air, water and soil pollution, and waste mining, and for resource-rich developing countries to capitalise on this demand and attain economic and social development, while reducing their GHG emissions; , given that realising the full potential of the mining sector is fraught with many challenges, which includes among others: the “enclave” nature of the extractive industry, with few links to the local economy; the volatility in commodity prices; corruption and conflicting stakeholders interests;
2023/07/20
Committee: DEVE
Amendment 58 #

2023/2031(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas minerals are unevenly distributed across the globe, which has a huge impact on the Global South; whereas an analysis1a found that in 2019, 79% of global metal ore extraction originated from five of the six most species-rich biomes; _________________ 1a Luckeneder, S., Giljum, S., Schaffartzik, A., Maus, V., & Tost, M., ‘Surge in global metal mining threatens vulnerable ecosystems’. Global Environmental Change, V. 69, 2021.
2023/07/20
Committee: DEVE
Amendment 59 #

2023/2031(INI)

Motion for a resolution
Recital H b (new)
Hb. whereas the Treaty of the High Seas adopted in June 2023 provides for a framework to protect the High Sea from the impacts of extractive industries and establishes the sharing of benefits from marine genetic resources between developed and developing countries; whereas the EU has pledged €40 million as part of a Global Ocean Programme in order to help developing countries in the implementation of the treaty;
2023/07/20
Committee: DEVE
Amendment 60 #

2023/2031(INI)

Motion for a resolution
Paragraph 1
1. Recalls that the EU is the largest donor of development aid in the world; stresses, therefore, the importance of mainstreaming sustainable development principles across all EU external action, in particular in policies related to the extractive industries, in line with the EU’s legal obligation to ensure policy coherence for development; to this effect, stresses that the definition of mutually beneficial strategic partnership with third countries entails, in particular for low-income resource-rich countries, to breaking away from the enclave nature and extractivist model of the mining sector and to afford developing countries sufficient policy space to do so, including through the reform of the international trade and investment regime that constraints the use of the full range of policy instruments to achieve resource-based industrialisation at the local level;
2023/07/20
Committee: DEVE
Amendment 68 #

2023/2031(INI)

Motion for a resolution
Paragraph 2
2. IPoints out that mining increases the risk of land grabbing, in a context where governments of developing countries often fail to recognise indigenous peoples and communities customary rights to the lands they inhabit; invites the Commission to strengthen its dialogue and cooperation with civil society organisations, local communities and indigenous peoples in developing countries affected by extractive industries, in order to promote their rights and ensure their meaningful and active participation in decision-making processes, particularly with regard to Global Gateway flagship projects; underlines that civil society actors should have formal representation on the governance board of the Global Gateway;
2023/07/20
Committee: DEVE
Amendment 77 #

2023/2031(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Notes the growing threat to food security resulting from Small-Scale Mining (ASM), which tend to coexist in rural areas, where both agriculture and artisanal and Small-Scale Mining (ASM) are key means of improving rural livelihoods; highlights equally the environmental and health risks associated with unregulated ASM activities and the fact that according to the UNEP, many ASM activities occur on global commons of forested lands in critical ecosystems that were not previously used; recalls that the “no-harm rule” is a duty imposed upon States, which requires to implement measures to prevent or otherwise minimise risks of environmental harm;
2023/07/20
Committee: DEVE
Amendment 80 #

2023/2031(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Recalls that artisanal, informal and small-scale mining is a highly gendered activity; calls on the EU to support developing countries through financial support and capacity building programmes to formalize and regulate ASM activities, particularly those involving women; and to encourage the formation of women’s mining cooperatives and associations to improve women’s participation, bargaining power, work conditions and economic independence;
2023/07/20
Committee: DEVE
Amendment 83 #

2023/2031(INI)

Motion for a resolution
Paragraph 4 – introductory part
4. Calls for the Commission to put forward an EU Code of Conduct on Responsible Investment in Extractive Industries in Developing Countries for businesses and development finance institutions, in compliance with inter alia due diligence processes as defined by EU legislation, including OECD Guidelines for Multinational Enterprises, the UN Global Compact and the ISO 26000 standards, drafted with inputs from industry, as well as from civil society in developing countries and from representatives of indigenous communities; considers that the code should articulate clear commitments and tailored guiding principles for investment in developing countries; stresses that local consultation, local consent and local sustainable development should be the overarching objective of the code; believes that the code should cover, at a minimum, commitments on:
2023/07/20
Committee: DEVE
Amendment 86 #

2023/2031(INI)

Motion for a resolution
Paragraph 4 – point a
a) stakeholder involvement; considers that where a third country has not legislated for mandatory CDAs, European businesses should implement them as a prerequisite for doing business; considers that the agreements should be negotiated with local communitieswith indigenous people and local communities, comply effectively with the principles of Free, Prior, and Informed Consent (FPIC) of Indigenous peoples and local communities, in line with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and ILO Convention 169 on Indigenous and Tribal Peoples, and should be made publicly accessible;
2023/07/20
Committee: DEVE
Amendment 103 #

2023/2031(INI)

Motion for a resolution
Paragraph 5
5. UNotes with concern that for a majority of resource-rich developing countries, mining, oil or gas exploitation has not translated into broader-based economic, human and social development; underlines that addressing the ‘resource curse’ involves not only economic diversification, but also increasing third countries’ fiscal space to facilitate sustainable development; stresses that the EU should proactively encourage domestic resource mobilisation in partner countries, such as direct taxation, and enable the possibility to use export taxes on commodities, insofar as it is WTO- compatible; calls on the Commission and the Member States to commit to scaling up concessional finance in parallel to the Critical Raw Materials Act8 ; reiterates that the ceilings in Heading 6 of the multiannual financial framework (MFF) must be increased accordingly in the context of the upcoming MFF review; _________________ 8 Proposal of 16 March 2023 for a regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (COM(2023)0160).
2023/07/20
Committee: DEVE
Amendment 106 #

2023/2031(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Recalls that the impacts of mining can extend for years beyond closure of the mine itself, considering that mine waste are toxic, and therefore disruptive for the environment, biodiversity services and associated livelihoods;accordingly, calls for effective mineral resource governance throughout the life cycle of mining operations, which requires among others: - recognition of the rights of Free, Prior and Informed Consent (FPCI) of Indigenous People and Local Communities;their access to information for effective public participation in decision-making, and the insurance that persons exercising their rights are not penalised, persecuted or harassed; - full transparency of the mining sector in relation to revenues and contracts, in line with Extractive Industries Transparency Initiative (EITI) requirements, including regarding environmental transparency; - to addressing social impacts of mining and mitigating these, through an approach driven by an Avoid, Mitigate, Restore principle;
2023/07/20
Committee: DEVE
Amendment 111 #

2023/2031(INI)

6a. Notes with deep concern that if not managed and mitigated properly, increased demand for critical raw materials will lead to negative environmental and social impacts, particularly for sectors that show a strong dependence on ecosystem services (such as agriculture, nature-based tourism and fisheries); stresses the need to prioritise sustainability, efficiency and circularity at multilateral level and to reduce demand for virgin materials, notably to address the challenges of climate change, water stress and pollution and loss of biodiversity;
2023/07/20
Committee: DEVE
Amendment 115 #

2023/2031(INI)

Motion for a resolution
Paragraph 7
7. CStresses the need to move away from a culture of extractivism to a resource governance system that takes into account i.e. the rate of depletion, the availability of substitutes, efficiency, recycling and the sustainability of consumption; calls for the EU to promote multi- stakeholder partnerships at regional and international level on this line;
2023/07/20
Committee: DEVE
Amendment 122 #

2023/2031(INI)

Motion for a resolution
Paragraph 8
8. Reaffirms the urgent need for a UN binding treaty on business and human rights to regulate the activities of transnational corporations and other business enterprises, in line with with the United Nations “Protect, Respect and Remedy” Framework; asks, therefore, the Commission and the Member States to play an active role in the current negotiations on the instrument;
2023/07/20
Committee: DEVE
Amendment 129 #

2023/2031(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Recalls that land use conflicts can arise from the deployment of critical raw material projects, notably in developing countries, where forced eviction or relocation are common features of mining operations, which is a serious human rights violation, especially for indigenous people whose livelihoods are closely intertwined with the land and who derive much of their livelihoods from biodiversity services; calls for the compliance with FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, to avoid land-grabbing resulting from extractive industries;
2023/07/20
Committee: DEVE
Amendment 133 #

2023/2031(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Underlines that deep-sea mining is likely to cause many adverse impacts on deep-sea ecosystems by increasing release of toxic substances and the agitation of sediments, which is a major concern for governments of small island developing countries that depend on marine life;
2023/07/20
Committee: DEVE
Amendment 134 #

2023/2031(INI)

Motion for a resolution
Paragraph 11 c (new)
11c. Recalls the need to prohibit environmentally damaging industrial extractive activities in marine protected areas, including mining, oil and gas and harmful industrial fishing techniques in line with the IUCN guidelines and the Kunming-Montreal Global Biodiversity Framework, in order to protect ecosystems and traditional activities of local communities;
2023/07/20
Committee: DEVE
Amendment 135 #

2023/2031(INI)

Motion for a resolution
Paragraph 11 d (new)
11d. Reiterates its support for a moratorium, including at the International Seabed Authority on deep- seabed mining until such time as the effects of deep-sea mining on the marine environment, biodiversity and human activities at sea have been studied and researched sufficiently and deep-seabed mining can be managed to ensure no marine biodiversity loss nor degradation of marine ecosystems; calls on the EU and its Member States to commit not to source minerals from the deep-seabed, to exclude such minerals from the EU supply chains, and not to finance deep- seabed mining activities;
2023/07/20
Committee: DEVE
Amendment 136 #

2023/2031(INI)

Motion for a resolution
Paragraph 11 e (new)
11e. Calls on the EU to provide developing countries financial support and technical assistance to developing countries to help them in implementing the Kunming-Montreal Global Biodiversity Framework and The United Nations High Seas Treaty;
2023/07/20
Committee: DEVE
Amendment 138 #

2023/2031(INI)

Motion for a resolution
Paragraph 13
13. Asks the Commission to use the 2023 review process of the Conflict Minerals Regulation as an opportunity to assess the impact of the regulation on the ground and the possibility to include further mandatory measures and cover other mineralsenlarge its scope to cover other minerals; notes that the conflict mineral regulation does not foresee any sanction and that this gap can be filled by the upcoming Corporate Sustainability Due Diligence Directive (CSDDD);
2023/07/20
Committee: DEVE
Amendment 142 #

2023/2031(INI)

Motion for a resolution
Paragraph 14
14. Urges the Council to sign the new Partnership Agreement between the EU and the members of the OACPS, as it provides a strengthened and modernised framework for cooperation with ACP countries, which contains specific references to the extractive industries; recalls, in this context, that sustainability entails compliance with due diligence processes, as defined by EU legislation and OECD Guidelines for Multinational Enterprises, as well as the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, where land tenure rights are concerned;
2023/07/20
Committee: DEVE
Amendment 60 #

2023/2010(INI)

Motion for a resolution
Recital A a (new)
A a. whereas the global economy is facing multiple shocks due to, inter alia, the Covid-19 pandemic, impacts from the war in Ukraine, high inflation and weak economic growth, an unsustainable debt burden, along with the escalating climate and biodiversity emergency crisis; whereas the impact of those shocks on developing countries is aggravated by an unfair global financial system which is short-term oriented and crisis-prone, and which further exacerbates inequalities; whereas high borrowing costs for developing countries are one symptom of an inequitable international financial and monetary system;
2023/03/31
Committee: DEVEENVI
Amendment 75 #

2023/2010(INI)

Motion for a resolution
Recital A b (new)
A b. whereas, according to the UN, as of November 2022, 37 out of 69 of the world’s poorest countries were either at high risk or already in debt distress; whereas the number of additional people falling into extreme poverty in those countries is estimated to be 175 million by 2030, including 89 million women and girls;
2023/03/31
Committee: DEVEENVI
Amendment 85 #

2023/2010(INI)

Motion for a resolution
Recital A c (new)
A c. whereas the international system does not have the tools to effectively facilitate debt restructurings that sufficiently reduce countries’ debt burdens or to address a systemic debt crisis;
2023/03/31
Committee: DEVEENVI
Amendment 91 #

2023/2010(INI)

Motion for a resolution
Recital A d (new)
A d. whereas the UN’s SDG Stimulus Plan aims to tackle the high cost of debt and rising risks of debt distress, to massively scale up affordable long-term financing for development and to expand contingency financing to countries in need;
2023/03/31
Committee: DEVEENVI
Amendment 99 #

2023/2010(INI)

Motion for a resolution
Recital A e (new)
A e. whereas, in 2021, the EU's collective ODA represented 0.49% of EU Gross National Income (GNI), which remains below the agreed target of 0.7 per cent of donor country gross national income;
2023/03/31
Committee: DEVEENVI
Amendment 104 #

2023/2010(INI)

Motion for a resolution
Recital A f (new)
A f. whereas the European Parliament as well the Council of the European Union and the European Council have, on repeated occasions since the adoption of the 2030 Agenda for Sustainable Development in 2015, called on the European Commission to adopt an overarching strategy to fully implement the SDGs;
2023/03/31
Committee: DEVEENVI
Amendment 106 #

2023/2010(INI)

Motion for a resolution
Recital A g (new)
A g. whereas Policy Coherence for Sustainable Development (PCSD) is an approach to integrate the economic, social, and environmental dimensions of sustainable development at all stages of the policy-making cycle, in order to foster synergies across policy areas, and identify and reconcile potential trade-offs, as well as address the international spillover effects of EU policies;
2023/03/31
Committee: DEVEENVI
Amendment 111 #

2023/2010(INI)

Motion for a resolution
Recital A h (new)
A h. whereas the 2019 IPBES Global Assessment provides evidence that the current negative trends in biodiversity and ecosystems will undermine progress towards 80% of assessed SDG targets relating to poverty, hunger, health, water, cities, climate, oceans and land; whereas the climate and biodiversity crises are intertwined and need to be addressed in tandem and coherently;
2023/03/31
Committee: DEVEENVI
Amendment 119 #

2023/2010(INI)

Motion for a resolution
Recital A i (new)
A i. whereas the 8th Environment Action Programme requires strengthening environmentally positive incentives as well as phasing out environmentally harmful subsidies, in particular fossil fuel subsidies, at Union, national, regional and local level, without delay;
2023/03/31
Committee: DEVEENVI
Amendment 123 #

2023/2010(INI)

A j. whereas ‘Right2Water’ is the first European Citizens’ Initiative (ECI) to have met the requirements set out in Regulation (EU) No 211/2011 on the citizens’ initiative and to have been heard by Parliament after receiving the support of almost 1,9 million citizens;
2023/03/31
Committee: DEVEENVI
Amendment 125 #

2023/2010(INI)

Motion for a resolution
Recital A k (new)
A k. whereas, in developing countries and emerging economies, demand for water is increasing from all sectors, in particular for energy and agriculture;whereas the combined effects of human activity and climate change mean that the whole of the EU’s Mediterranean region and some Central European regions are now classified as water-scarce, semi-desert regions;whereas the EU imports large quantities of virtual water, that is water used for the production of food and goods outside the EU, including from countries suffering from water scarcity[1]; [1] https://www.mdpi.com/2079- 9276/8/3/141
2023/03/31
Committee: DEVEENVI
Amendment 129 #

2023/2010(INI)

Motion for a resolution
Recital A l (new)
A l. whereas globally 733 million people still have no access to electricity, and 2.4 billion people still cook using fuels detrimental to their health and the environment; whereas seven out of every ten buildings in the EU are energy inefficient while 11% of the EU population is affected by energy poverty, leading to possible delays in access to basic needs, care, education and healthcare, in particular for children and young people; whereas buildings represent approximately 40% of the EU's energy consumption and 36% of carbon emissions;
2023/03/31
Committee: DEVEENVI
Amendment 132 #

2023/2010(INI)

Motion for a resolution
Recital A m (new)
A m. whereas, according to the NGO 'Global Witness', more than a third of the land and environmental defenders murdered worldwide between 2015 and 2019 belonged to indigenous communities, whose land and water management skills are crucial in combating the climate crisis and biodiversity loss;
2023/03/31
Committee: DEVEENVI
Amendment 145 #

2023/2010(INI)

Motion for a resolution
Paragraph 1
1. Stresses its commitment to the 2030 Agenda, especially in light of the new geopolitical landscape and the ongoing climate, biodiversity and health crises; warns against further polarisation in the distribution of wealth and income, which would lead to increased inequality and poverty; highlights, against this backdrop, the importance of the SDGs, which provide a universal compass for people’s prosperity and to protect the planet; recalls that a pledge to leave no one behind lies at the heart of the 2030 Agenda and that the achievementshould be fully operationalised in the implementation of theall SDGs should benefby focusing on issues of equality all countries, people and segments of societynd non- discrimination and addressing the root causes of these issues, with particular attention being paid to those who are most marginalised and vulnerable;
2023/03/31
Committee: DEVEENVI
Amendment 169 #

2023/2010(INI)

Motion for a resolution
Paragraph 3
3. Notes that the implementation process for almost all the SDGs is lagging and that two consecutive years of regression have been recorded for many indicators9[1]; reaffirms the importance of each SDG and highlights the key challenges that persist for sustainable development, particularly in relation to poverty (SDG 1), hunger (SDG 2), health (SDG 3), education (SDG 4), gender equality (SDG 5), climate change (SDG 13), oceans (SDG 14) and biodiversity (SDG 15); underlines the strategic role that SDG 10, on reducing inequality, and SDG 17 on global partnerships can play in the global implementation of the 2030 Agenda; _________________ 9[1] UN Sustainable Development Report 2022, ‘From Crisis to Sustainable Development: the SDGs as Roadmap to 2030 and Beyond’: https://resources.unsdsn.org/2022- sustainable-development-report.
2023/03/31
Committee: DEVEENVI
Amendment 213 #

2023/2010(INI)

Motion for a resolution
Paragraph 6
6. Regrets the fact that the Commission has still not presented a comprehensive strategy for achieving the 2030 Agenda given that there are only seven years left to achieve the SDGs and, hence, urgent implementation is required through the definition of specific, quantitative, measurable and time-bound targets and indicators;
2023/03/31
Committee: DEVEENVI
Amendment 240 #

2023/2010(INI)

Motion for a resolution
Paragraph 8
8. Stresses Parliament’s important role in promotingthe important role of the European Parliament , national parliaments and regional and local authorities in the SDGs’ implementation through European policies and heightening the goals’ visibility in public discourse; underlines that coordination within and between the EU institutions is essential in order to ensure the EU’s leadership and increase the effectiveness of its efforts to implement the 2030 Agenda;
2023/03/31
Committee: DEVEENVI
Amendment 243 #

2023/2010(INI)

Motion for a resolution
Paragraph 8 a (new)
8 a. Stresses that multi-level governance is one of the SDGs' core values and recalls the key role of regions and cities, with the OECD estimating that 65% of the SDGs targets cannot be reached without the coordination or involvement of local and regional authorities;
2023/03/31
Committee: DEVEENVI
Amendment 274 #

2023/2010(INI)

Motion for a resolution
Paragraph 11
11. Underlines the importance of enhanced cooperation with partners in the Global South, particularly the African Union and with representatives of local and regional governments and civil society representatives, in order to implement the 2030 Agenda globally;
2023/03/31
Committee: DEVEENVI
Amendment 284 #

2023/2010(INI)

Motion for a resolution
Paragraph 12
12. Stresses, in this regard, that the EU and its Member States must avoid negative spillover effects at the expense of the Global South, which occur as a result of their past economic and technological model; advocates cooperation with global partners to turn any negative spillover effects into virtuous circlereiterates in this respect the need to comply with the principle of Policy Coherence for Development and the “Do not harm” principle, with special attention paid to trade, finance, environment and climate change, food security, migration and security; advocates cooperation with global partners; calls for all EU policies to be subject to a mandatory SDG check to provide more insight on and address any negative effects and ensure that change in this area is measurable;
2023/03/31
Committee: DEVEENVI
Amendment 288 #

2023/2010(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Expresses particular concern about the significant impact of certain mega-projects, including infrastructure projects, extractive industries projects and energy production projects, on the human rights to water and sanitation, notably for indigenous peoples and local communities; recalls that indigenous peoples and local communities play an important role for the sustainable management of natural resources and the conservation of biodiversity; asks the EU and its Member States to recognise and protect indigenous people’s rights to customary ownership and control of their lands and natural resources as set out in the UN Declaration on the Rights of Indigenous People and ILO Convention No 169, and to comply with the principle of free, prior and informed consent; requests that the Member States which have not yet done so ratify ILO Convention No 169 on Indigenous and Tribal Peoples;
2023/03/31
Committee: DEVEENVI
Amendment 316 #

2023/2010(INI)

Motion for a resolution
Paragraph 13
13. Points out that, in order to assess the Member States’ progress on the SDGs, the Eurostat sustainable development indicators must be improved by filling the gaps for some SDGs and; points out, however, that, since they are used to assess the SDGs at national level, they do not reflect reality on the ground; believes, therefore, that NUTS-2-level data should also be used to better measuringe policies’ impact on territories and specific vulnerable groups;
2023/03/31
Committee: DEVEENVI
Amendment 337 #

2023/2010(INI)

Motion for a resolution
Paragraph 15
15. Highlights the importance of voluntary local reviews and voluntary subnationRecommends a renewed focus on localizing the SDGs, support for the implementation at all territorial rleviews as a means of further localising the SDGs and therefore advancing their implementationels, facilitating peer learning between regions and cities at global level and encouraging a greater engagement in Voluntary Local Reviews (VLRs) and Voluntary Subnational Reviews;
2023/03/31
Committee: DEVEENVI
Amendment 361 #

2023/2010(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Recalls that ODA remains a major source of finance for the poorest countries, and continues to play a crucial role in achieving the 2030 Agenda; notes with concern that, while being the biggest global ODA provider, the EU and its Member States failed to achieve their collective commitments to provide 0.7% of GNI as ODA and 0.20% as ODA to the least developed countries by 2030; urges the EU and its Member States to meet its ODA commitments and to prioritise allocation of grants and concessional financing based on vulnerabilities;
2023/03/31
Committee: DEVEENVI
Amendment 397 #

2023/2010(INI)

Motion for a resolution
Paragraph 19
19. Stresses that adequate financing for the attainment of the SDGs, especially in developing countries, requires a thorough overhaul of the global financial architecture; welcomes in this respect the UN’s SDG Stimulus package and its proposal to reform the global international financial architecture; urges the Commission and the Member States to step up their engagement and jointly work towards the necessary reforms of the International Monetary Fund, the World Bank Group and multilateral development banks in order to adjust these financial institutions’ visions and operating models with a focus on strengthening the fight against poverty and rising inequality and promoting a just and sustainable transition;
2023/03/31
Committee: DEVEENVI
Amendment 399 #

2023/2010(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Calls on the Commission to track inconsistencies among expenditures, which hinder the EU and third countries’ achievement of the SDGs, notably in the area of agriculture; urgently calls on Member States and the EU to identify and phase out all environmentally harmful subsidies without delay, as required by the General Union Environment Action Programme to 2030;
2023/03/31
Committee: DEVEENVI
Amendment 410 #

2023/2010(INI)

Motion for a resolution
Paragraph 20 a (new)
20 a. Is alarmed by the rising risks of debt distress and the high cost of debt in the world’s poorest countries, which exacerbates further inequalities and poverty; emphasises that the high cost of borrowing for developing countries inhibits investment in the SDGs, while raising the risk of debt crisis; highlights the recommendations of the UN’s SDG Stimulus Plan, which calls for additional liquidity, effective debt restructuring and the expansion of development financing, with the view to free up significant fiscal space in developing economies;
2023/03/31
Committee: DEVEENVI
Amendment 416 #

2023/2010(INI)

Motion for a resolution
Paragraph 21
21. Stresses that more than half of the world’s poorest countries face either a debt crisis or a high risk of one; welcomeIs alarmed by the fact that LDCs were already unable to finance the implementation of the SDGs before the Covid-19 pandemic and the war in Ukraine and are now even more in need of financial support; Stresses that more than half of the world’s poorest countries face either a debt crisis or a high risk of one; notes with deep concern that according to the United Nations, 25 developing countries paid more than 20 per cent of total government revenue in external debt service in 2022, while sixteen of the most debt-troubled countries today owe more than 30 percent to private creditors[1]; against this background, applauds the UN Secretary- General’s push for a global SDG stimulus package and calls for effective debt relief measures that make use of the full toolset available and include both ‘new lenders’ and private creditors; to offset challenging conditions faced by developing countries and accelerate progress towards the SDGs, including through investments in i.e. renewable energy, universal social protection, decent job creation, healthcare, quality education and sustainable food systems; and calls for effective debt relief measures that make use of the full toolset available and include both ‘new lenders’ and private creditors; reiterates its call for the creation of a multilateral debt workout mechanism, under UN auspices, to address the debt crisis in developing countries and the financing requirements of the Agenda 2030; [1] https://www.undp.org/publications/dfs- building-blocks-out-crisis-uns-sdg- stimulus-plan
2023/03/31
Committee: DEVEENVI
Amendment 423 #

2023/2010(INI)

Motion for a resolution
Paragraph 21 a (new)
21 a. Underlines the structural challenges of developing countries in terms of domestic resource mobilisation linked to i.e. illicit financial flows, unsustainable debt burdens, tax abuse by multinationals, etc.; calls on the EU to take the lead to clamp down on tax evasion and tax avoidance practices and to ensure a fair distribution of taxing rights while negotiating tax and investment treaties;
2023/03/31
Committee: DEVEENVI
Amendment 430 #

2023/2010(INI)

Motion for a resolution
Paragraph 22
22. Recognises the importance of domestic resources being mobilised in developing countries and draws attention to the fact that this is contingent on an enabling international environment; accordingly, calls on the EU to scale up its cooperation with developing countries on tax matters to enable them to enhance mobilisation of public resources; in particular, calls on the Commission and the Member States to take the initiative and push for the establishment of a UN intergovernmental commission for international cooperation on tax matters, in order to fight illicit financial outflows and close tax havens;
2023/03/31
Committee: DEVEENVI
Amendment 432 #

2023/2010(INI)

Motion for a resolution
Paragraph 22 a (new)
22 a. Recognises the role the private sector should play in sustainable finance but stresses the need to combine public and private finance towards public goals; highlights, in this context, that the private sector cannot guarantee either universal access to, nor replace public investments in, critical services such as health, education and social protection, that provide crucial long-term prospects to overcome poverty; calls on the EU and its Member States, in a context where ODA remains a scarce resource, to limit blending operations to those areas where they can add value to the local economy, but to exclude blending finance from essential public services, particularly health, education and social protection, as the monetisation of those sectors could widen already existing inequalities and jeopardise the universal access to those services; more broadly, urges the European Commission and the Member States to prioritise partnerships with LDC domestic enterprises that pursue sustainable and inclusive business models;
2023/03/31
Committee: DEVEENVI
Amendment 444 #

2023/2010(INI)

Motion for a resolution
Paragraph 22 b (new)
22 b. Recalls that developing countries are historically vulnerable to external shocks owing to narrow export bases and less diversified economies; stresses, therefore, that one of the main challenges for developing countries is to climb up the global value chain through economic diversification and to shift from an a export-oriented production model towards development based on domestic and regional markets; to this end, emphasises the crucial role of multilateral fora and institutions to advance those objectives, with the view to harness resilience and to increase national or regional autonomy in the production of essential goods and services;
2023/03/31
Committee: DEVEENVI
Amendment 448 #

2023/2010(INI)

Motion for a resolution
Paragraph 22 c (new)
22 c. New subtitle Sectoral Policies related to the SDGs under review at the 2023 High Level Political Forum
2023/03/31
Committee: DEVEENVI
Amendment 449 #

2023/2010(INI)

Motion for a resolution
Paragraph 22 d (new)
22 d. Regrets that many cases of policy inconsistencies prevail in various EU sectoral areas, notably related to food, energy, trade and taxation policy, with particular worrying negative consequences for developing countries;
2023/03/31
Committee: DEVEENVI
Amendment 450 #

2023/2010(INI)

Motion for a resolution
Paragraph 22 e (new)
22 e. Recalls that policies to protect biodiversity and mitigate climate change are not automatically mutually supportive, as in the case of large-scale dams and the cultivation of food and feed crops used for biofuels; highlights that the surge of energy crops, such as rapeseed, palm oil, soybean, corn, maize, etc., which are produced for biodiesel and ethanol, compete with water use linked to food crops; reaffirms that access to water and sanitation is a vital imperative and a fundamental right that needs to be addressed in a context of competing water uses between agriculture, energy, extractive and other industrial activities relying on a large quantity of water resources;
2023/03/31
Committee: DEVEENVI
Amendment 451 #

2023/2010(INI)

Motion for a resolution
Paragraph 22 f (new)
22 f. Highlights the potential risks of water grabbing and water pollution associated to EU foreign direct investments in large-scale land acquisitions for agriculture and extractive industries; accordingly, stresses the importance to implement PCD and a fully-fledged Human Right Impact Assessment related to any agricultural and energy investment projects financed by the European Fund for Sustainable Development; stresses equally the need to enact water-related mandatory due diligence and reporting standards for corporations;
2023/03/31
Committee: DEVEENVI
Amendment 452 #

2023/2010(INI)

Motion for a resolution
Paragraph 22 g (new)
22 g. Recognises the importance of improving the supply of drinking water and sanitations an efficient way of pursuing fundamental poverty eradication objectives, as well as promoting social equality, public health, food security and sustainable development; Calls on the Commission to recognise water as a public good and a fundamental value for all EU citizens and not as a commodity; Calls for the EU to support sustainable water management in the agricultural sector, which mobilises over 70 % of water resources, through investing in sustainable irrigation and water storage systems, through optimising and reducing the use of fresh water in agriculture along the whole supply chain, through reducing food waste and through fostering agro- ecology by restoring wetlands, as well as through reducing, where possible, the use of pesticides and fertilisers that pose a risk of water pollution, especially to groundwater;
2023/03/31
Committee: DEVEENVI
Amendment 453 #

2023/2010(INI)

Motion for a resolution
Paragraph 22 h (new)
22 h. Urges the Member States to ensure access to affordable and clean heating and electricity and to avoid people being obliged to choose between eating or heating; Highlights that reducing energy demand through increasing the efficiency of buildings, consumer goods and transport can also contribute to limiting global warming to 1.5C as committed to under the Paris Agreement, while supporting global health, education, poverty, employment and food security goals;
2023/03/31
Committee: DEVEENVI
Amendment 454 #

2023/2010(INI)

Motion for a resolution
Paragraph 22 i (new)
22 i. Highlights that 70% of the EU population live in cities today and this is projected to reach almost 84% in 2050; therefore stresses the importance of sustainable urban development in the EU, including through, inter alia: a modal shift from private cars to more sustainable modes of transport like high quality and affordable public transport, walking and cycling; an ambitious renovation wave to renovate the EU's building stock and thereby reduce energy consumption and emissions, decrease energy bills, create local employment and ensure safer, healthier buildings for people to live in; and the establishment and expansion of green and blue infrastructure in cities which serve to reduce air, water and noise pollution, provide protection from flooding, droughts and heat waves, and provide a refuge for nature as well as recreational amenities for people;
2023/03/31
Committee: DEVEENVI
Amendment 455 #

2023/2010(INI)

Motion for a resolution
Paragraph 22 j (new)
22 j. Stresses the importance to achieve universal access to energy for all in the Global South; insists upon the need to support renewable decentralised solutions, such as small-scale, off-grid and mini-grid energy solutions, to reach all parts of developing countries’ populations, particularly poor and rural populations; calls on the EU to target its efforts, financially and technically, towards these small-scale solutions to energy poverty in remote areas;
2023/03/31
Committee: DEVEENVI
Amendment 456 #

2023/2010(INI)

Motion for a resolution
Paragraph 22 k (new)
22 k. Recognises that the public sector alone will not be able to provide all the financing needs required to expand energy access; underlines, however, that increasing focus on the use of public- private partnerships and attracting funds from private financiers may adversely diminish the financial attractiveness of local renewable energy projects, since such projects are less "bankable" than major, grid-connected projects, which often serve large industries; therefore, underlines that the ultimate responsibility for ensuring access to universal services, especially affordable energy for poor and remote populations, remains that of the state;
2023/03/31
Committee: DEVEENVI
Amendment 457 #

2023/2010(INI)

Motion for a resolution
Paragraph 22 l (new)
22 l. Recalls that the EU energy transition, which will generate a surge of extraction of metals and minerals linked to renewable energy sources and digital economy, represents challenges for developing countries, as mining is a sector linked to severe environmental destruction (including in protected and indigenous territories); freshwater contamination and depletion; human rights abuses (including gender violence); forced displacement; loss of livelihoods; violent conflict; unsafe working conditions; worker exploitation (forced labour, child labour and human trafficking); and illicit financial flows; emphasises accordingly that PCD shall be strictly implemented while a “Just Transition” lens must be applied across the entire renewable energy value chain;
2023/03/31
Committee: DEVEENVI
Amendment 458 #

2023/2010(INI)

Motion for a resolution
Paragraph 22 m (new)
22 m. Takes note of the new Commission’s proposal on Critical Raw Material Act, which aims to ensure the EU's access to a secure, diversified, affordable and sustainable supply of critical raw materials; acknowledges that raw materials may be subject to trade restrictions creating uncertainties regarding the ability of the EU to secure its supply of these materials; recalls however that trade restrictions (such as export taxes) can be a legitimate tool for governments of developing countries for their future industrial development, as a leverage to fight against poverty and for environmental protection; against this background, stresses the right of developing countries to use trade tool, such as export taxes on raw materials, in sofar as it is WTO-compatible, if they deem it appropriate, to fulfil public interests;
2023/03/31
Committee: DEVEENVI
Amendment 459 #

2023/2010(INI)

Motion for a resolution
Paragraph 22 n (new)
22 n. Notes the proposal of the Commission to conclude new Sustainable Investment Facilitation Agreements; stresses that EU hunger for materials should not lead to neo-colonial extractivist relationships; stresses that the EU must aim at negotiating with its partners to develop sustainable trade and cooperation agreements, that uphold the right of each party to regulate (including the ability to limit the exports of raw materials when justified by sustainable development objectives), create added- value for both parties, while ensuring a high level of climate and human rights protection;
2023/03/31
Committee: DEVEENVI
Amendment 460 #

2023/2010(INI)

Motion for a resolution
Paragraph 22 o (new)
22 o. Recalls that the loss of biodiversity and ecosystem services will undermine progress in approximately 80 % of the assessed targets for the UN Sustainable Development Goals (SDGs) and calls on the EU to address the root causes of biodiversity loss and to mainstream obligations on conservation, restoration and the sustainable use of resources into broader development policies; recalls that ecological restoration is critical for the implementation of the ‘One Health’ approach; stresses that conservation efforts must not violate human rights, notably those of Indigenous Peoples and local communities; accordingly, calls on the EU to develop conservation programme in consultation with local communities, Indigenous Peoples and women, as well as other marginalised groups to truly contribute to the fight against deforestation and biodiversity loss;
2023/03/31
Committee: DEVEENVI
Amendment 26 #

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

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

2023/0323(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
However, from [the date of application of this Regulation] until [24 months after the entry into force of this Regulation], it shall continue to apply to the situations where micro-undertakings referred to in Article 2(3) of the Annex to Recommendation 2003/361/EC are debtors.
2023/12/15
Committee: IMCO
Amendment 93 #

2023/0290(COD)

Proposal for a regulation
Recital 13
(13) Essential safety requirements for toys should ensure protection from all relevant health and safety hazards posed by toys, for users or third parties. Particular safety requirements should cover the physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene, cybersecurity and radioactivity to ensure that the safety of children is adequately protected against those specific hazards. Since it is possible that toys which present hazards that are not covered by a particular safety requirement might exist or be developed, it is necessary to maintain a general requirement of safety to ensure protection of children in respect of such toys. The safety of toys should be determined by reference to the intended use, while taking into account also the foreseeable use, and bearing in mind the behaviour of children, who do not generally show the same degree of care as the average adult user. Together, the general safety requirement and the particular safety requirements should form the essential safety requirements for toys.
2023/12/05
Committee: IMCO
Amendment 98 #

2023/0290(COD)

Proposal for a regulation
Recital 14
(14) Relying on digital technologies has led to new hazards in toys. Radio toys are to comply with essential requirements, including on cybersecurity, for the protection of privacy and internet- connected toys are to incorporate safeguards towards cybersecurity and protection from fraud in accordance with Directive 2014/53/EU of the European Parliament and of the Council30 . Toys which include artificial intelligence are to comply with Regulation (EU) …/….../... [P.O. insert serial number for Regulation laying down harmonised rules on artificial intelligence]31 . Therefore, particular safety requirements regarding cybersecurity, protection of personal data and privacy or other hazards stemming from the incorporation of artificial intelligence in toys should not be set out. However, protecting the health of children should not merely ensure the absence of disease or infirmity and relying on digital technologies may pose risks to children which go beyond their physical health. To ensure that children are protected from any risk coming from the use of digital technologies in toys, the general safety requirement should ensure the psychological and mental health, as well as the well-being and cognitive development, of children. _________________ 30 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62). 31 PO: Please insert in the text the number of the Regulation andorizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020]. However, internet-connected toys might pose specific health and safety risks which can only be provoked by a cyberattack. Internet-connected toys attacked by malicious third parties may pose specific risks that, depending on their intended use or reasonably foreseen misuse, can impact the health and safety of its users. In this respect, health and safety risks in connection with the cybersecurity functions of instert the number, danet-connecte,d title and OJ referencoys shall fall within the scope of thatis Regulation in the footnote.
2023/12/05
Committee: IMCO
Amendment 102 #

2023/0290(COD)

Proposal for a regulation
Recital 14 a (new)
(14 a) Toys which include artificial intelligence are to comply with Regulation (EU) …/…[P.O. insert serial number for Regulation laying down harmonised rules on artificial intelligence]. As this Regulation focuses mainly on “high-risks AI systems" and does not specifically address toys, particular safety requirements regarding cybersecurity, protection of personal data and privacy or other hazards stemming from the incorporation of artificial intelligence in toys should be set out.
2023/12/05
Committee: IMCO
Amendment 103 #

2023/0290(COD)

Proposal for a regulation
Recital 14 b (new)
(14 b) Protecting the health of children should not merely ensure the absence of disease or infirmity and relying on digital technologies may pose risks to children which go beyond their physical health. To ensure that children are protected from any risk coming from the use of digital technologies in toys, the general safety requirement should ensure the psychological and mental health, as well as the well-being and cognitive development, of children.
2023/12/05
Committee: IMCO
Amendment 107 #

2023/0290(COD)

Proposal for a regulation
Recital 17
(17) In order to provide for flexibility where the safety of children is not compromised and where it is necessary for making certain toys available on the market, it should be possible to derogate from the generic prohibitions of chemical substances in toys. Derogations to generic prohibitions permitting the use of prohibited substances should be of general application and should only be possible where the use of the relevant substance is considered safe for children, where there are no commercially viable alternatives for the substanceelimination or substitution of such prohibited substances via design changes or other materials or components is not technically possible, where there are no technically viable alternatives for the substance, where a substitution plan has been submitted and where the use of the substance is not prohibited in consumer articles under Regulation (EC) No 1907/2006. The assessment of the safety of the substance in toys should be carried out by the relevant scientific committees in the European Chemicals Agency (ECHA) in order to ensure consistency and efficient use of resources in the assessment of chemical substances in the Union.
2023/12/05
Committee: IMCO
Amendment 108 #

2023/0290(COD)

Proposal for a regulation
Recital 19
(19) The use of nickel in stainless steel and in components that transmit electric current has been considered safe in toys by the Scientific Committee on Health, Environment and Emerging risks and should be allow. However, since children should also be adequately protected from allergenic substances and certain metals its use should be limited. Other substances that are necessary to transmit electric current should be permitted in toys to allow for the making available of electric toys if such substances are completely inaccessible for a child playing with the toy and therefore do not present a risk.
2023/12/05
Committee: IMCO
Amendment 112 #

2023/0290(COD)

Proposal for a regulation
Recital 22
(22) Directive 2009/48/EC includes limit values for certain substances in toys intended for children under 36 months or intended to be put in the mouth. In a family with more than one child, children under 36 months are likely to be attracted by the toys of their siblings that are older than 36 months, making it in practice impossible to completely shield children below 36 months from the toys of their elder siblings. Those substances have shown to also pose a risk to older children, as they could be equally exposed to such chemicals via skin contact or inhalation. These limit values should therefore apply to all toys. Since the adoption of the limit values for bisphenol A in Directive 2009/48/EC, new scientific data has emerged. The European Food Safety Authority (EFSA) re-evaluated the risks to public health from dietary exposure to bisphenol A in April 2023 concluding that exposure to bisphenol A is a health concern for consumers across all age groups. EFSA has established a new tolerable daily intake of bisphenol A which is significantly lower than the previous one. In view of this scientific evidence, bisphenol A should fall under the generic prohibition for CMR substances in toye structural similarities between different bisphenols leading to comparable risks for children, and to avoid regrettable substitution, toys should not contain any bisphenols.
2023/12/05
Committee: IMCO
Amendment 115 #

2023/0290(COD)

Proposal for a regulation
Recital 25
(25) To prevent misuse of warnings to circumvent the applicable safety requirements, the warnings provided for certain categories of toy should not be allowed if they conflict with the intended use of the toy. To ensure that supervisors are aware of any risks associated with the toy, it is necessary to ensure that the warnings are legible and visible. Minimum requirements on important parameters such as font size, distance and contrast should therefore be laid down.
2023/12/05
Committee: IMCO
Amendment 128 #

2023/0290(COD)

Proposal for a regulation
Recital 37
(37) Economic operatorsAny natural or legal person that either places a toy on the market under their own name or trademark or substantially modifyies a toy in such a way that compliancenformity with applicable requirements of this Regulation mayight be affected, should be considered to be the manufacturers and should assume the obligations of the manufacturers.
2023/12/05
Committee: IMCO
Amendment 129 #

2023/0290(COD)

Proposal for a regulation
Recital 38
(38) Toys are to comply with traceability requirements in accordance with Regulation (EU) 2023/988. Ensuring traceability of a toy throughout the whole supply chain helps to make market surveillance simpler and more efficient. An efficient traceability system facilitates market surveillance authorities' task of tracing economic operators who made non- compliant toys available on the market.
2023/12/05
Committee: IMCO
Amendment 136 #

2023/0290(COD)

Proposal for a regulation
Recital 52
(52) It is appropriate to provide for the publication of a notice in the Official Journal of the European Union indicating the date when the interconnection between the registry and the EU Customs Single Window Certificates Exchange System referred to in Article 13 of [P.O. insert serial number for Regulation (EU) …/… on Ecodesign Requirements for Sustainable Products] becomes operational in order to facilitate public access to that information. Similar publication should be provided should further customs IT systems become operational.
2023/12/05
Committee: IMCO
Amendment 138 #

2023/0290(COD)

Proposal for a regulation
Recital 58
(58) If a conformity assessment body demonstrates conformity of the toy with the criteria laid down in harmonised standards, ithe toy should be presumed to comply with the corresponding requirements set out in this Regulation.
2023/12/05
Committee: IMCO
Amendment 141 #

2023/0290(COD)

Proposal for a regulation
Recital 68
(68) In order to take into account technical and scientific progress or new scientific evidence, 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 amending this Regulation by adapting the specific warnings to be affixed on toys, adopting specific requirements concerning chemical substances and limit values in toys and granting derogations to include specific uses allowed in toys of substances subject to generic prohibitions.
2023/12/05
Committee: IMCO
Amendment 145 #

2023/0290(COD)

Proposal for a regulation
Article 1 – title
SObjective and subject matter
2023/12/05
Committee: IMCO
Amendment 148 #

2023/0290(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation lays down rules on the safety of toys,e objective of this Regulation is to ensuringe a high level of protection of health and safety of children and other persons, and on the free movement of toys in the Union.
2023/12/05
Committee: IMCO
Amendment 149 #

2023/0290(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
This Regulation lays down rules on the safety of toys placed or made available on the market that are underpinned by the precautionary principle. Economic operators shall place or make available on the market only toys that do not adversely affect the health and safety of children and other persons.
2023/12/05
Committee: IMCO
Amendment 157 #

2023/0290(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on that person’s behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation;
2023/12/05
Committee: IMCO
Amendment 159 #

2023/0290(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 8
(8) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor and the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products or making them available on the market in accordance with this Regulation;
2023/12/05
Committee: IMCO
Amendment 162 #

2023/0290(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 9
(9) ‘online marketplace’ means online marketplace as defined in Article 3, point (14), of Regulation (EU) 2023/98819/2161;
2023/12/05
Committee: IMCO
Amendment 164 #

2023/0290(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)
(12 a) ‘toy’ means a product designed or intended, whether or not exclusively, for use in play by children under 14 years of age, whether or not having digital elements which allow for a direct or indirect connection to a device or network.
2023/12/05
Committee: IMCO
Amendment 172 #

2023/0290(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 28
(28) ‘market surveillance authority’ means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020 as responsible for organising and carrying out market surveillance in the territory of that Member State;
2023/12/05
Committee: IMCO
Amendment 173 #

2023/0290(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
(28 a) ‘notifying authority' means an authority designated by a Member State under Article 25 and 26 as responsible for the assessment and notification of conformity assessment bodies in the territory of that Member State;
2023/12/05
Committee: IMCO
Amendment 190 #

2023/0290(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Where necessary to ensure their safe use and the health and safety of children and other persons, toys shall bear a general warning specifying appropriate user limitations. The user limitations shall include at least the minimum or maximum age of the user and, where appropriate, the required abilities of the user, the maximum or minimum weight of the user and the need to ensure that the toy is used only under adult supervision.
2023/12/05
Committee: IMCO
Amendment 195 #

2023/0290(COD)

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
The manufacturer shall mark warnings in a clearly visible, easily legible, accessible and understandable and accurate manner on the toy, on an affixed label or on the packaging and, if appropriate, on the instructions for use which accompany the toy. Small toys which are sold without packaging shall have appropriate warnings affixed to them.
2023/12/05
Committee: IMCO
Amendment 198 #

2023/0290(COD)

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Warnings shall be clearly visible to the consumer before the purchase, including in cases where the purchase is made through distance sales. Warnings shall be of sufficient size to ensure their visibility and legibility. In particular, warnings shall have the characteristics set out in Annex III.
2023/12/05
Committee: IMCO
Amendment 202 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Before placing toys on the market, manufacturers shall carry out an internal risk analysis and draw up the required technical documentation in accordance with Article 23 and carry out the applicable conformity assessment procedure in accordance with Article 22 or have it carried out.
2023/12/05
Committee: IMCO
Amendment 204 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Manufacturers shall keep up to date the technical documentation and the product passport for a period of at least 10 years after the last model of the toy covered by that documentation and product passport has been placed on the market.
2023/12/05
Committee: IMCO
Amendment 207 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
When manufacturers,deemed appropriate with regard to the risks presented by a toy, consider it necessary for the protection of health and safety of consumers, manufacturers shall, carry out sample testing of marketed toys.
2023/12/05
Committee: IMCO
Amendment 209 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 5
5. Manufacturers shall ensure that toys bear a type, batch, serial or model number or other element allowing their identification and which is easily visible and legible for consumers, or, where the size or nature of the toy does not allow it, that the required information is provided on the packaging or in a document accompanying the toy.
2023/12/05
Committee: IMCO
Amendment 214 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 7
7. Manufacturers shall ensure that the toy is accompanied by instructions and safety information in a language or languages easily understood by consumers and other end-users, including persons with disabilities, as determined by the Member State concerned. Such instructions and information shall be clear, understandable and legible.
2023/12/05
Committee: IMCO
Amendment 216 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Where manufacturers consider, or have reason to believe, that a toy which they have placed on the market is not in conformity with this Regue relevant Union harmonisation legislation, they shall immediately take the corrective measures necessary to bring that toy into conformity, withdraw it or recall it, as appropriate.
2023/12/05
Committee: IMCO
Amendment 219 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2 – point a
(a) the market surveillance authorities of the Member States in which they have made the toy available, via the Safety Business Gateway referred to in Article 26 of Regulation (EU) 2023/988, giving details, in particular, of any non- compliance and of any corrective measures takenthe risks to the health and safety to consumers and of any corrective measures taken and if available, of the quantity, by Member State, of the toys still circulating in the market; and
2023/12/05
Committee: IMCO
Amendment 221 #

2023/0290(COD)

Proposal for a regulation
Article 7 – paragraph 10
10. Manufacturers shall ensure that other economic operators, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020, and providers of online marketplaces, in the supply chain concerned, are kept informed in a timely manner of any non-conformity that the manufacturers have identifiedor risk to the health or the environment that the manufacturers have identified and of any corrective action, recall or withdrawal.
2023/12/05
Committee: IMCO
Amendment 226 #

2023/0290(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point a
(a) keep the technical documentation at the disposal of national surveillance authorities and ensure that the product passport is available, in accordance with Article 17(2), for a period of at least 10 years after the last model of the toy covered by those documents has been placed on the market;
2023/12/05
Committee: IMCO
Amendment 229 #

2023/0290(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point b
(b) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a toy in an official language that can be understood by the authority;
2023/12/05
Committee: IMCO
Amendment 232 #

2023/0290(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c
(c) cooperate with the competent national authorities, at their request, on any action taken to eliminate in an effective manner the risks posed by toys covered by the mandate.
2023/12/05
Committee: IMCO
Amendment 234 #

2023/0290(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
(c a) immediately terminate the mandate if the manufacturer does not comply with the obligations of the manufacturer under this Regulation and immediately inform the market surveillance authority of the Member State in which is established;
2023/12/05
Committee: IMCO
Amendment 235 #

2023/0290(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c b (new)
(c b) where the authorised representative considers or has reason to believe that a toy is a dangerous product, inform the manufacturer thereof;
2023/12/05
Committee: IMCO
Amendment 236 #

2023/0290(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c c (new)
(c c) inform the competent national authorities about any action taken to eliminate the risks posed by toys covered by their mandate through a notification in the Safety Business Gateway, where the information has not been already provided by the manufacturer or upon instruction of the manufacturer;
2023/12/05
Committee: IMCO
Amendment 237 #

2023/0290(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point c d (new)
(c d) in case of change of authorised representative, the detailed arrangements for the change shall be clearly defined in an agreement between the manufacturer, where practicable the outgoing authorised representative, and the incoming authorised representative. That agreement shall address at least the date of termination of the mandate of the outgoing authorised representative and date of beginning of the mandate of the incoming authorised representative, as well as the transfer of documents, including confidentiality aspects and property rights.
2023/12/05
Committee: IMCO
Amendment 239 #

2023/0290(COD)

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1 – point e
(e) the relevant information in the product passport has been included in the product passport registry in accordance with Article 17(2) and Article 19(1);
2023/12/05
Committee: IMCO
Amendment 243 #

2023/0290(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the toy or, where that is not possible, on its packaging or in a document accompanying the toy. Importers shall ensure that any additional label does not obscure any information required by Union law on the label provided by the manufacturer.
2023/12/05
Committee: IMCO
Amendment 246 #

2023/0290(COD)

Proposal for a regulation
Article 9 – paragraph 6 – subparagraph 2
Where importers consider, or have reason to believe, that a toy that they have placed on the market presents a risk to health and safety of consumers and other end-users, they shall immediately inform the manufacturer, the competent national authorities of the Member States in which they made the toy available to that effect, giving details, in particular, of the non- compliance, or risk to the health and safety of consumers, and of any corrective measures taken.
2023/12/05
Committee: IMCO
Amendment 250 #

2023/0290(COD)

Proposal for a regulation
Article 9 – paragraph 8 a (new)
8 a. Importers shall ensure that all relevant economic operators and providers of online marketplaces in the supply chain concerned are kept informed in a timely manner of any non-conformity or risk to the health or the environment that they have identified, and of any corrective action, recall or withdrawal.
2023/12/05
Committee: IMCO
Amendment 251 #

2023/0290(COD)

Proposal for a regulation
Article 9 – paragraph 10 – subparagraph 2
Importers shall keep the manufacturer, distributors and, where relevant, providers of online marketplaces informed in a timely manner of the investigation performed and of the results of the investigation.
2023/12/05
Committee: IMCO
Amendment 256 #

2023/0290(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. When making a toy available on the market, distributors shall act with due care in relation tocomply with the requirements of this Regulation.
2023/12/05
Committee: IMCO
Amendment 260 #

2023/0290(COD)

Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 2
Where distributors consider, or have reason to believe, that a toy that they have made available on the market presents a risk, they shall immediately inform the manufacturer or the importer, as applicable, the market surveillance authorities of the Member States in which they made the toy available to that effect, giving details, in particular, of the non- compliance or risk to health and safety of consumers, and of any corrective measures taken.
2023/12/05
Committee: IMCO
Amendment 263 #

2023/0290(COD)

Proposal for a regulation
Article 11 – title
Cases in which obligations of manufacturers apply to importers and distributorother persons
2023/12/05
Committee: IMCO
Amendment 266 #

2023/0290(COD)

Proposal for a regulation
Article 11 – paragraph 1
An importer or a distributor natural or legal person shall be considered a manufacturer for the purposes of this Regulation, and shall be subject to the obligations of the manufacturer under Article 7, where such importer or distributornatural or legal person places a toy on the market under its name or trademark or modifies a toy already placed on the market in such a way that compliance with the applicable requirements of this Regulation may be affected.
2023/12/05
Committee: IMCO
Amendment 268 #

2023/0290(COD)

Proposal for a regulation
Article 11 – paragraph 1 a (new)
A natural or legal person, other than the manufacturer, that substantially modifies the product within the meaning of Article 13 (3) of Regulation (EU) 2023/988, shall be deemed to be a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer set out in Article 7 for the part of the product affected by the modification or for the entire product if the substantial modification has an impact on its safety.
2023/12/05
Committee: IMCO
Amendment 270 #

2023/0290(COD)

Proposal for a regulation
Article 11 a (new)
Article11a Providers of online marketplaces 1. Without prejudice to the prohibition to conduct general monitoring as established under Regulation (EU) 2022/2065, providers of online marketplaces shall, before and after allowing the offering of the toy by the trader, make reasonable efforts to conduct simple random samples to check whether the toys offered on their interface have been identified as dangerous in the Safety Gate Portal. 2. Providers of online marketplaces are subject to specific obligations in accordance with Regulation (EU) 2023/988 concerning the removal of content referring to an offer of a dangerous toy from their online interfaces and regarding the cooperation with market surveillance authorities and relevant economic operators to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a toy that is or was offered online through their services. 3. Notwithstanding the requirement that an economic operator shall be established in the Union pursuant to Article 4 (1) of Regulation (EU) No 2019/1020, where a manufacturer of a toy cannot be identified or, where the manufacturer is established outside the Union, and where an importer, an authorised representative and a fulfilment service provider cannot be identified, any provider of online marketplaces that allows consumers to conclude distance contracts with traders and that is not a manufacturer, importer or distributor, provided that the conditions of Article 6(3) set out in Regulation (EU) 2022/2065 are fulfilled, shall be required by market surveillance authorities to provide adequate and proportionate remedies to consumers where: (a) a market surveillance authority, upon a reasoned request, asks that provider of online marketplace to identify the economic operator or the person who supplied the provider of online marketplace with the toy; and (b) the provider of online marketplace fails to identify the economic operator or the person who supplied the provider of online marketplace with the product within 1 month of receiving the request. 4. Notwithstanding the requirement that an economic operator shall be established in the Union pursuant to Article 4 (1) of Regulation (EU) No 2019/1020, where a manufacturer of a toy cannot be identified or, where the manufacturer is established outside the Union, and where an importer, an authorised representative and a fulfilment service provider cannot be identified, providers of online marketplaces that allow consumers to conclude distance contracts with traders and that are not manufacturers, importers or distributors, shall be required by market surveillance authorities to provide adequate and proportionate remedies to consumers where such providers fail to comply with Article 30 of Regulation (EU) 2022/2065.
2023/12/05
Committee: IMCO
Amendment 285 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point b
(b) state that compliance of the toy with the requirements set out in Union legislation applicable to toys and in particular in this Regulation and, in particular, the essential safety requirements, has been demonstrated;
2023/12/05
Committee: IMCO
Amendment 289 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point f
(f) be accessible to consumers or other end-users, market surveillance authorities, customs authorities, notified bodies, civil society organisations, researchers, trade unions, the Commission and other economic operators;
2023/12/05
Committee: IMCO
Amendment 291 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point g
(g) be available for a period of at least the expected lifetime or 10 years after the last model of toy is placed on the market, whichever is longer, also in cases of insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport;
2023/12/05
Committee: IMCO
Amendment 293 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point g a (new)
(g a) be based on open standards, developed with an inter-operable format and shall be machine-readable, structured, searchable, and shall be transferable through an open interoperable data exchange network without vendor lock-in, in accordance with the essential requirements set out in the Ecodesign Regulation;
2023/12/05
Committee: IMCO
Amendment 294 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 2 – point i
(i) fulfil the specific and technical requirements laid down pursuant to paragraph 10. in order to facilitate the verification of product compliance by competent national authorities;
2023/12/05
Committee: IMCO
Amendment 296 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. By creating the product passport, the manufacturer shall assume responsibility for the compliance of the toy with this Regulation and with any other Union legislation applicable to toys.
2023/12/05
Committee: IMCO
Amendment 297 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 5
5. The data carrier shall be physically present on the toy or on a label attached to the toy, in accordance with the implementing act adopted in accordance with paragraph 10. In the case of small toys and toys consisting of small parts, the data carrier may alternatively be affixed to its packaging. It shall be clearly visible to the consumer before any purchase and to market surveillance authorities, including in cases where the toy is made available through distance sales. In addition, the data carrier shall be accompanied by the statement ‘More information on the product is available online’ or by a similar statement.
2023/12/05
Committee: IMCO
Amendment 299 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 5 a (new)
5 a. The economic operator placing the toy on the market shall provide other economic operators involved in the distribution of the toy with a digital copy of the data carrier to allow them to make it accessible to consumers and market surveillance authorities where they cannot physically access the product. The economic operator shall provide that digital copy free of charge and within 5 working days of receiving a request.
2023/12/05
Committee: IMCO
Amendment 301 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 8
8. By way of derogation from paragraph 2, point (c), where information requirements relating to substances of concern in toys are established in a delegated act adopted in accordance with Article 4 of Regulation …/… [OP please insert: the Ecodesign for Sustainable Products Regulation], the information referred to in Part I, point (k), of Annex VI to this Regulation is no longer required insofar as the information requirements established in the delegated act are equivalent.
2023/12/05
Committee: IMCO
Amendment 306 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – point d
(d) the actors that shall have access to information in the product passport and to what information they shall have access and the actors that may introduce or update the information in the product passport, including where needed the creation of a new passport, including manufacturers, importers and distributors, dealers, repairers, refurbishers, remanufacturers, recyclers, notified bodies, competent national authorities, public interest organisations and the Commission, or any organisation acting on their behalf, and the types of information they may introduce or update.
2023/12/05
Committee: IMCO
Amendment 307 #

2023/0290(COD)

Proposal for a regulation
Article 17 – paragraph 10 – subparagraph 1 – point d a (new)
(d a) the period for which the product passport shall remain available by specifying the minimum period of time during which the actors of the value chain storing the data shall guarantee continuous availability of those data.
2023/12/05
Committee: IMCO
Amendment 314 #

2023/0290(COD)

Proposal for a regulation
Article 18 – paragraph 3 a (new)
3 a. Product passports shall be designed and operated so that they are user-friendly and accessible.
2023/12/05
Committee: IMCO
Amendment 315 #

2023/0290(COD)

Proposal for a regulation
Article 18 – paragraph 3 b (new)
3 b. Consumers shall not be requested to register, download or install applications, or to provide a password to access the product passport. A functionality shall allow consumers to place alerts about toys that present a risk to their health and safety through a separate section of the Safety Gate Portal pursuant to article 34 (3) of Regulation (EU) 2023/988.
2023/12/05
Committee: IMCO
Amendment 316 #

2023/0290(COD)

Proposal for a regulation
Article 18 – paragraph 3 c (new)
3 c. Manufacturers shall provide, on oral or written demand or when the product passport is temporarily unavailable at the time of purchase of the toy, the information provided in the product passport by alternative means on a durable medium. Manufacturers shall provide that information independently of a purchase and free of charge.
2023/12/05
Committee: IMCO
Amendment 318 #

2023/0290(COD)

Proposal for a regulation
Article 18 – paragraph 6
6. Economic operators may not trackand any other relevant natural or legal person shall not track or profile end-users or otherwise process any personal data in line with Regulation (EU) 2016/679, analyse or use any usage information for purposes other than what is absolutely and strictly necessary for providing the information on the product passport online. End-users must not be required to install any software, register or otherwise process personal data to access the digital product passport online.
2023/12/05
Committee: IMCO
Amendment 321 #

2023/0290(COD)

Proposal for a regulation
Article 18 – paragraph 6 a (new)
6 a. The rights to access and to introduce, modify or update information in product passport shall be restricted based on the access rights specified in delegated acts adopted pursuant to paragraph 10 of Article 17.
2023/12/05
Committee: IMCO
Amendment 322 #

2023/0290(COD)

Proposal for a regulation
Article 18 – paragraph 6 b (new)
6 b. Data authentication, reliability and integrity shall be ensured.
2023/12/05
Committee: IMCO
Amendment 323 #

2023/0290(COD)

Proposal for a regulation
Article 18 – paragraph 6 c (new)
6 c. The product passport shall be designed and operated so that a high level of security and privacy is ensured and fraud is avoided.
2023/12/05
Committee: IMCO
Amendment 325 #

2023/0290(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
2 a. To make controls more efficient, the registry should be automatically accessible from other data sharing platforms used by authorities, such as customs IT systems.
2023/12/05
Committee: IMCO
Amendment 327 #

2023/0290(COD)

Proposal for a regulation
Article 20 – paragraph 5
5. The verifications referred to in paragraphs 3 and 4 of this Article shall take place electronically and automatically using the interconnection between the registry referred to in Article 19(1) and the EU Customs Single Window Certificates Exchange System referred to in [Article 13 of [P.O. insert serial number for Regulation (EU) …/… on Ecodesign Requirements for Sustainable Products]] and any future customs IT systems.
2023/12/05
Committee: IMCO
Amendment 330 #

2023/0290(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point a
(a) cover all the chemical, physical, mechanical, electrical, cybersecurity, flammability, hygiene and radioactivity hazards and the potential exposure to such hazards;
2023/12/05
Committee: IMCO
Amendment 334 #

2023/0290(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point c a (new)
(c a) assess the risks, including to mental health, that may emerge when the toy is used in accordance with its intended purpose and reasonably foreseeable use.
2023/12/05
Committee: IMCO
Amendment 335 #

2023/0290(COD)

Proposal for a regulation
Article 22 – paragraph 3 – introductory part
3. In the following cases, the manufacturer shall use the EU-type examination procedure set out in Part II of Annex IV together with the conformity to type procedure set out in Part III of that Annex and, where applicable, a European cybersecurity certification scheme at assurance level ‘high’ pursuant to Regulation (EU) 2019/881:
2023/12/05
Committee: IMCO
Amendment 339 #

2023/0290(COD)

Proposal for a regulation
Article 22 – paragraph 4 a (new)
4 a. Manufacturers shall use the EU- type examination procedure set out in Part II of Annex IV together with the conformity to type procedure set out in Part III of that Annex and, where applicable, a European cybersecurity certification scheme at assurance level ‘high’ pursuant to Regulation (EU) 2019/881, for toys for children under 36 months, toys which include artificial intelligence, internet-connected toys, toys which are chemical mixtures, toys which for functional reasons cannot be designed to eliminate all risks and toys which in case of a failure can lead to severe health consequences for children. The Commission should be empowered to adopt delegated acts in accordance with Article 46 (5 a new) to amend this list, also contained in Anne IV, after consulting the stakeholders concerned, in the light of technical progress, advances in knowledge or new scientific evidence, by adding to the list of toys a new category of toys or by withdrawing an existing category of toys from this list.
2023/12/05
Committee: IMCO
Amendment 341 #

2023/0290(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. The technical documentation shall contain all relevant data or details of the means used by the manufacturer to ensure that the toy complies with the essential safety requirements. It shall, in particular, contain the documents listed in Annex V. In case the toy or any part of it complies with European standards or common specifications, the list of the relevant European standards and common specifications shall also be indicated.
2023/12/05
Committee: IMCO
Amendment 342 #

2023/0290(COD)

Proposal for a regulation
Article 23 – paragraph 2
2. The technical documentation shall be drawn up and kept up-to-date by the manufacturer in one of the official languages of the Union.
2023/12/05
Committee: IMCO
Amendment 351 #

2023/0290(COD)

Proposal for a regulation
Article 41 – paragraph -1 (new)
-1. When market surveillance authorities of the Member States take measures as provided for in this Regulation, they shall take due account of the precautionary principle.
2023/12/05
Committee: IMCO
Amendment 354 #

2023/0290(COD)

Proposal for a regulation
Article 41 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have sufficient reason to believe that a toy covered by this Regulation presents a risk to the health or safety of persons, they shall carry out an evaluation in relation to the toy concerned covering all the requirements laid down in this Regulation. The relevant economic operators and providers of online marketplaces shall cooperate, as necessary, with the market surveillance authorities for that purpose.
2023/12/05
Committee: IMCO
Amendment 356 #

2023/0290(COD)

Proposal for a regulation
Article 41 – paragraph 5 – point c a (new)
(c a) shortcomings in the EU-type examination procedure referred to in Article 22;
2023/12/05
Committee: IMCO
Amendment 358 #

2023/0290(COD)

Proposal for a regulation
Article 42 – paragraph -1 (new)
-1. On duly justified imperative grounds of urgency relating to the protection of health and safety of children and other persons, the Commission shall adopt an immediately applicable implementing act in accordance with the procedure referred to in Article 50.
2023/12/05
Committee: IMCO
Amendment 359 #

2023/0290(COD)

Proposal for a regulation
Article 42 – paragraph 1 – subparagraph 1
Where, on completion of the procedure set out in Article 41(3) and (4) and in Article 44 (2) and (2a new), objections are raised against a measure taken by a Member State, or where the Commission has reasons to believe that a national measure could be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure.
2023/12/05
Committee: IMCO
Amendment 360 #

2023/0290(COD)

Proposal for a regulation
Article 43 – paragraph 1 – introductory part
1. Without prejudice to Article 41, where a market surveillance authority makes, inter alia, one of the following findings with regard to a toy, it shall require the relevant economic operator to put an end to the non-compliance concerned:
2023/12/05
Committee: IMCO
Amendment 363 #

2023/0290(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point e a (new)
(e a) the toy is not in conformity with the product requirements in accordance with Article 5;
2023/12/05
Committee: IMCO
Amendment 364 #

2023/0290(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point e b (new)
(e b) the toy does not bear, where appropriate, a general warning in accordance with Article 6;
2023/12/05
Committee: IMCO
Amendment 365 #

2023/0290(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point e c (new)
(e c) the conformity assessment procedures laid down in Article 22 are not fulfilled;
2023/12/05
Committee: IMCO
Amendment 367 #

2023/0290(COD)

Proposal for a regulation
Article 44 – paragraph 1
1. Where, having carried out an evaluation under Article 41(1), a market surveillance authority finds that, although a toy made available on the market is in compliance with the particular safety requirements it poses a risk to the health and safety of persons, it shall require the relevant economic operator, including providers of online marketplaces, to take all appropriate measures, within a reasonable period of time prescribed by the market surveillance authority taking into account the nature of the risk to ensure that the toy, when made available on the market, no longer presents that risk, to withdraw the toy from the market or to recall it.
2023/12/05
Committee: IMCO
Amendment 368 #

2023/0290(COD)

Proposal for a regulation
Article 44 – paragraph 2 a (new)
2 a. Where the relevant economic operator does not take adequate corrective actions within the period referred to in paragraph 1, the market surveillance authorities shall take appropriate provisional measures to prohibit or restrict the toy being made available on their national market, to withdraw the toy from that market or to recall it.
2023/12/05
Committee: IMCO
Amendment 371 #

2023/0290(COD)

Proposal for a regulation
Article 45 a (new)
Article45a Pan-European Injury Database 1. A Pan-European Injury Database covering all types of injuries caused by toys shall be set up and coordinated by the European Commission. 2. The relevant market surveillance authorities established by the Member States shall contribute to the establishment of the database and deliver injury data to the database, based on a common methodology, comprehensive and in accordance with European and national laws on data protection. 3. The Commission shall support the co- ordination of the collection of data from Member States and the operation of the database.
2023/12/05
Committee: IMCO
Amendment 373 #

2023/0290(COD)

Proposal for a regulation
Article 46 – paragraph 5 a (new)
5 a. The Commission is empowered to adopt delegated acts in accordance with Article 47 to amend Article 22 (4 a new) by adding to the list of toys that are required to comply with the EU-type examination procedure set out in Annex IV a new category of toys or by withdrawing an existing category of toys from that list.
2023/12/05
Committee: IMCO
Amendment 374 #

2023/0290(COD)

Proposal for a regulation
Article 46 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 47 to amend Part C of the Appendix to Annex II in order to permit for a specified period of time a certain use in toys of a specific substance or mixture that is prohibited under Part III, point 4, of Annex II, or to limit a certain use that has been permitted.
2023/12/05
Committee: IMCO
Amendment 375 #

2023/0290(COD)

Proposal for a regulation
Article 46 – paragraph 9
9. For the purposes of paragraphs 6, 7 and 78, the Commission shall systematically and regularly evaluate the occurrence of hazardous chemical substances or mixtures in toys. In those evaluations, the Commission shall take into account reports of market surveillance bodies and scientific evidence presented by Member States and stakeholders.
2023/12/05
Committee: IMCO
Amendment 379 #

2023/0290(COD)

Proposal for a regulation
Article 47 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult relevant stakeholders and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
2023/12/05
Committee: IMCO
Amendment 381 #

2023/0290(COD)

Proposal for a regulation
Article 51 – paragraph 1 – introductory part
1. Competent national authorities, notified bodies, ECHA and the Commission shall respect the confidentiality of the following information and data obtained in carrying out their tasks in accordance with this Regulation:
2023/12/05
Committee: IMCO
Amendment 383 #

2023/0290(COD)

Proposal for a regulation
Article 52 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive and shall be increased if the relevant economic operator has previously committed infringements of this Regulation .. Member States by … [P.O. insert date: the first day of the month following 30 months after the date of entry into force of this Regulation] notify the Commission of those rules and shall notify it without delay of any subsequent amendment affecting them.
2023/12/05
Committee: IMCO
Amendment 386 #

2023/0290(COD)

Proposal for a regulation
Article 54 – paragraph 1
1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 3018 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 4230 months after the date of entry into force of this Regulation].
2023/12/05
Committee: IMCO
Amendment 395 #

2023/0290(COD)

Proposal for a regulation
Article 55 – paragraph 1
1. By … [OP please insert the date = the first day of the month following 60 months after the date of entry into force of this Regulation] and every 5 years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall submit a report to the European Parliament and to the Council on the main findingsOn request, Member States shall provide the Commission with information necessary for the evaluation of this Regulation. The Commission shall submit a report to the European Parliament and to the Council on the main findings and draw up a summary that is made available to the public. The report shall assess whether this Regulation, and in particular the provisions in Chapter IV achieved the objective of ensuring a high level of protection of health and safety of children and other persons and shall assess the possibility to include adaptive toys in the scope of this Regulation.
2023/12/05
Committee: IMCO
Amendment 403 #

2023/0290(COD)

Proposal for a regulation
Annex I – Part II – point 3
3. sports equipment, including roller skates, inline skates, and skateboards, scooters and other means of transport intended for children with a body mass of more than 20 kg;
2023/12/05
Committee: IMCO
Amendment 406 #

2023/0290(COD)

Proposal for a regulation
Annex I – Part II – point 5
5. scooters and other means of transport designed for sport or which are intended to be used for travel on public roads or public pathways;deleted
2023/12/05
Committee: IMCO
Amendment 407 #

2023/0290(COD)

Proposal for a regulation
Annex I – Part II – point 8
8. puzzles with more than 500 pieces;deleted
2023/12/05
Committee: IMCO
Amendment 409 #

2023/0290(COD)

Proposal for a regulation
Annex I – Part II – point 14
14. electronic equipment, such as personal computers and game consoles, used to access interactive software and their associated peripherals or components, unless the electronic equipment or the associated peripherals are specifically designed for and targeted at children and have a play value on their own, such as specially designed personal computers, key boards, joy sticks or steering wheels;
2023/12/05
Committee: IMCO
Amendment 416 #

2023/0290(COD)

Proposal for a regulation
Annex II – Part I – point 9
9. Toys shall be designed and manufactured in such a way, in terms of the maximum values for impulse noise and continuous noise, that the sound from them is not able to impair children’s hearing. The maximum values shall not exceed those set in Directive 2003/10/EEC.
2023/12/05
Committee: IMCO
Amendment 419 #

2023/0290(COD)

Proposal for a regulation
Annex II – Part II – point 2 – point a – point 5
(5) hazard classes 3.9, 3.10 and 3.101;
2023/12/05
Committee: IMCO
Amendment 420 #

2023/0290(COD)

Proposal for a regulation
Annex II – Part II – point 2 – point a – point 6
(6) hazard class 4.1, 4.2, 4.3 and 4.4;
2023/12/05
Committee: IMCO
Amendment 428 #

2023/0290(COD)

Proposal for a regulation
Annex II – Part VI a (new)
VI a Part VIa Cybersecurity 1. Toys shall be designed, developed, and produced and, where applicable, updated, in such a way that they ensure a level of cybersecurity protection proportionate to the risks to health and safety of children that can be caused by a cybersecurity incident. Toys shall be designed and manufactured so as to eliminate cybersecurity incidents or reduce the associated risks by an inherent security, taking into account the intended use or reasonably foreseen misuse, any risk of adverse impact to the health and safety of its users bearing in mind the behaviour of children. 2. Toys shall comply with the relevant Union legislation relating to cybersecurity. In particular, toys shall comply with the specific cybersecurity requirements set out in Annex I of the Regulation XX/XX on horizontal cybersecurity requirements for products with digital elements and amending Regulation (EU) 2019/1020 (Cyber Resilience Act).
2023/12/05
Committee: IMCO
Amendment 431 #

2023/0290(COD)

Proposal for a regulation
Annex II – Part A – point 2
2. Nitrosamines and nitrosable substances are prohibited in toys intended for use by children under 36 months or in other toys intended to be placed in the mouth where the migration of those substances is equal to or higher than. The migration of those substances from toys, components of toys or micro-structurally distinct parts of toys, shall not exceed 0,01 mg/kg for nitrosamines and 0,1 mg/kg for nitrosable substances.
2023/12/05
Committee: IMCO
Amendment 434 #

2023/0290(COD)

Proposal for a regulation
Annex II – Part A – point 4 – introductory part
4. Toys shall not contain the following fragrance allergens unless their presence in the toy is technically unavoidable under good manufacturing practice and does not exceed 100 mg/kgthe limit of detection:
2023/12/05
Committee: IMCO
Amendment 436 #

2023/0290(COD)

Proposal for a regulation
Annex II – Part B – point 1
[...]deleted
2023/12/05
Committee: IMCO
Amendment 438 #

2023/0290(COD)

Proposal for a regulation
Annex III – point 1 – paragraph 2 – introductory part
All wWarnings shall have the following characteristics: a) they shall stand out clearly from the background; b) a single font shall be used that is easily legible and without serifs; c) the x-height of the font size shall be equal to or greater than 1,4 mm; d) the distance between two lines shall be appropriate for the selected font size to be easily legible; e) the letter spacing shall be appropriate for the selected font to be easily legible. All warnings shall be preceded by the word ‘Warning’ or, alternatively, by a generic pictogram such as the following pictogram:
2023/12/05
Committee: IMCO
Amendment 444 #

2023/0290(COD)

Proposal for a regulation
Annex IV – Part I – point 4 – point 4.2
4.2. The manufacturer shall draw up the product passport for a toy model and ensure that together with the technical documentation, it remains available for at least the expected lifetime of 10 years after the last model of the product has been placed on the market, whichever is longer. The product passport shall identify the toy for which it has been drawn up.
2023/12/05
Committee: IMCO
Amendment 446 #

2023/0290(COD)

Proposal for a regulation
Annex IV – Part II – point 9
9. The manufacturer shall keep a copy of the EU-type examination certificate, its annexes and additions together with the technical documentation at the disposal of the national authorities for at least 10 years after the last model of toy has been placed on the market.
2023/12/05
Committee: IMCO
Amendment 447 #

2023/0290(COD)

Proposal for a regulation
Annex IV – Part II a (new)
II a Part II - Module B (a new): Toys required to undergo the EU-type examination procedure 1. Toys for children under 36 months; 2. Toys which include artificial intelligence; 3. Internet-connected toys; 4. Toys which are chemical mixtures; 5. Toys which for functional reasons cannot be designed to eliminate all risks; 6. Toys which in case of a failure can lead to severe health consequences for children.
2023/12/05
Committee: IMCO
Amendment 449 #

2023/0290(COD)

Proposal for a regulation
Annex IV – Part III – point 3 – point 3.2
3.2. The manufacturer shall create a product passport for a toy model and ensure that it remains available for at least the expected lifetime or 10 years after the last model of toy has been placed on the market, whichever is longer. The product passport shall identify the toy for which it has been drawn up.
2023/12/05
Committee: IMCO
Amendment 148 #

2023/0234(COD)

Proposal for a directive
Recital 1
(1) The European Green Deal and the Circular Economy Action Plan69 call for reinforced and accelerated Union and Member State action to ensure environmental and social sustainability of the textiles and food sectors as they represent top resource intensive sectors that cause significant negative environmental externalities. In those sectors, financing and technological gaps impede progress towards the transition to a circular economy and decarbonisation. The food and textiles sectors are the first- and the fourth- most resource-intensive sectors respectively70 and they do not fully adhere to the fundamental Union waste management principles set out in the waste hierarchy which requires the prioritisation of waste prevention followed by preparation for re-use and recycling. These challenges require systemic solutions with a lifecycle approach. grounded in the recognition that the volume of waste generation is directly tied to the volume of products on the market; _________________ 69 COM(2020)98 final of 11 March 2020. 70 EU Transition Pathways (europa.eu)
2023/10/27
Committee: ENVI
Amendment 162 #

2023/0234(COD)

Proposal for a directive
Recital 10
(10) Having regard to the Union’s commitment to the ambition set out in SDG Target 12.3, the setting of food waste reduction targets to be achieved by Member States by 2030 should provide a strong policy impulse to take action and ensure a significant contribution to global targets. However, given the legally binding nature of such targets, they should be proportionate and feasiattainable, and take into account the role of different actors in the food supply chain as well as their capacity (in particular micro and small enterprises). The establishment of legally binding targets should thus follow a step-wise approach, starting with a level which is lower than the one set under the SDG, with a view to ensuring a consistent response of Member States and tangible progress towards Target 12.3.
2023/10/27
Committee: ENVI
Amendment 164 #

2023/0234(COD)

Proposal for a directive
Recital 11
(11) Reducing food waste at the production and consumption stages requires different approaches and measures and involves different stakeholder groups. Therefore, one targets should be proposed for primary production and the processing and manufacturing stage and another one for the retail and other distribution of food, restaurants and food services and households. Reducing food waste at any point along the food supply chain yields significant positive environmental impact.
2023/10/27
Committee: ENVI
Amendment 168 #

2023/0234(COD)

Proposal for a directive
Recital 15
(15) In order to ensure that the step-wise approach towards the achievement of the global target delivers its objectives, the levels set for the legally binding targets on reduction of food waste, should be reviewed and revised, if appropriate, to take into account the progress made by Member States over time. This would allow for a possible adjustment of the targets in view of strengthening the Union’s contribution and further aligning with SDG Target 12.3, to be reached by 2030 and providing direction for further progress beyond that date2030.
2023/10/27
Committee: ENVI
Amendment 171 #

2023/0234(COD)

Proposal for a directive
Recital 16 a (new)
(16a) With confusion around date marking being one of the causes for consumer food waste, the Commission should come forward as soon as possible with a proposal revising Regulation (EU) No 1169/2011 on the provision of food information to consumers, which was due to be published by December 2022. Among other aspects, this proposal was expected to amend rules for date marking to improve its expression, presentation and position on food packaging, and as such, boost correct use of this information.
2023/10/27
Committee: ENVI
Amendment 172 #

2023/0234(COD)

Proposal for a directive
Recital 17
(17) In line with the polluter-pays principle, as referred to in Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), it is essential that the producers placing on the Union market certain textile, textile-related and footwear products take responsibility for their management at their end-of life as well as extending their lifetime through making used textile, textile-related and footwear products available on the market for re-use. To implement the polluter pays principle, it is appropriate to lay down the obligations for the management of textile, textile- related and footwear producers, which include any manufacturer, importer or distributor, that, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2, point (7), of Directive 2011/83/EU of the European Parliament and of the Council77 , makes available those products on the market for the first time within a territory of a Member States on a professional basis under its own name or trademark. The scope of the producers covered by the extended producer responsibility should exclude micro enterprises and self- employed tailors producing customised products in view of their reduced role in the textile market as well as those placing on the market used textiles, textile-related and footwear products or such products derived from used or waste of those products in view of supporting re-use, including through repair, refurbishment and upcycling whereby certain functionalities of the original product is changed, within the Union. Micro enterprises should, however, be allowed to participate in producer responsibility organisations. _________________ 77 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
2023/10/27
Committee: ENVI
Amendment 174 #

2023/0234(COD)

Proposal for a directive
Recital 18
(18) There are wide disparities in the way separate collection of textiles are or are planned to be set up, whether through extended producer responsibility schemes or other approaches. Where extended producer responsibility schemes are considered, there are also broad disparities, such as on the products in their scope and the responsibility of producers as well as governance models. The rules on extended producer responsibility laid down in Directive 2008/98/EC should therefore in general apply to extended producer responsibility schemes for producers of textile, textile-related and footwear products. However, they should be complemented by further specific provisions relevant for the textile sector characteristics, in particular, the high share of small and medium-sized enterprises (SMEs) among the producers, the role of social enterprises and the importance of re- use in increasing the sustainability of the textile value chain. They should also be more detailed and harmonised to avoid creating a fragmented market that could have a negative impact on the sector, particularly on micro enterprises and SMEs, for the collection, treatment and recycling, as well as to provide clear incentives for sustainable textile product design and policies and facilitate the markets of secondary raw materials. In this context, Member States are encouraged to consider authorising multiple producer responsibility organisations as competition among such producer responsibility organisations may lead to greater consumer benefits, increase innovation, lower costs, improve collection rates, and increase choices for producers seeking to contract with such organisations.
2023/10/27
Committee: ENVI
Amendment 176 #

2023/0234(COD)

Proposal for a directive
Recital 18 a (new)
(18a) According to the European Environment Agency, currently less than 1% of all clothing waste is used to make new clothing in a circular loop. Today, most textiles are not designed for circularity. 78% of all textile products require disassembly before textile-to- textile recycling. In order to ensure investment into circular textiles, targets should be established for the prevention, collection, sorting, reuse and local reuse, as well as recycling and fibre-to-fibre recycling of textiles to support and drive technological development and the investments into infrastructure as well as the push for ecodesign of textiles.
2023/10/27
Committee: ENVI
Amendment 178 #

2023/0234(COD)

Proposal for a directive
Recital 19
(19) The household textile and apparel clothing comprise the largest share of Union textile consumption and the biggest contributor to unsustainable patterns of over production and overconsumption. Household textiles and apparel are also the focus of all existing separate collection systems in Member States along with other post-consumer apparel and accessories and footwear that are not primarily composed of textiles. Therefore, the scope of the established extended producer responsibility scheme should cover household textile products and other articles of apparel, clothing accessories and footwear. In order to ensure the legal certainty for the producers on the products subject to the extended producer responsibility, the products in scope should be identified by reference to the Combined Nomenclature codes pursuant to Annex I to Council Regulation (EEC) No 2658/8778 . _________________ 78 OJ L 256, 7.9.1987, p. 1.
2023/10/27
Committee: ENVI
Amendment 182 #

2023/0234(COD)

(20) The textile sector is resource intensive. While, in relation to both the production of raw materials and textiles, most of the pressures and impacts related to the consumption of clothing, footwear and household textiles in the Union occur in third countries, they also affect the Union due to their global impact on climate and the environment. Therefore, preventing, preparing for re-use and recycling textile waste can help reduce the global environmental footprint of the sector, including in the Union. In addition, the current resource-inefficient waste management of textile waste is not in line with the waste hierarchy and leads to environmental harm both in the Union and in third countries, including through greenhouse gas emissions from incineration and landfilling.
2023/10/27
Committee: ENVI
Amendment 185 #

2023/0234(COD)

Proposal for a directive
Recital 21
(21) The purpose of the extended producer responsibility for textiles, textile- related and footwear products is to ensure a high level of environmental and health protection in the Union, create an economy for collection, sorting, re-use, preparation for re-use and recycling, in particular, fibre-to-fibre recycling, as well as incentives for producers to ensure that their products are designed in respect of circularity principles. The producers of textiles and footwear should finance, in the final geographic location where such activities are determined to take place, the costs of collecting, sorting for re-use, preparing for re-use and recycling, and of the recycling and other treatment of collected used and waste textiles and footwear, including unsold consumer products considered waste that were supplied on the territory of the Member States after the entry into force of this amending Directive to ensure that the extended producer responsibility obligations do not apply retroactively and comply with the principle of legal certainty. Those producers should also finance the costs of carrying out compositional surveys of mixed collected municipal waste, support to research and development in sorting and recycling technologies, reporting on separate collection, re-use and other treatment and of providing information to end-users about the impact and sustainable management of textiles. Producers should also finance the development of reuse and repair processes and invest in social enterprises by allocating at least 10% of the fees collected to those activities.
2023/10/27
Committee: ENVI
Amendment 189 #

2023/0234(COD)

Proposal for a directive
Recital 23
(23) Producers and producer responsibility organisations should finance the scaling up of textile recycling, in particular, fibre-to-fibre recycling enabling the recycling of a broader variety materials and creating a source of raw materials for textile production in the Union. It is also important that the producers support financially research and innovation into technological developments in automatic sorting and composition sorting solutions that allow the separation and recycling of mixed materials and the decontamination of the waste to enable high-quality fibre-to- fibre recycling solutions and the uptake of recycled fibre content. To facilitate compliance with this Directive, Member States should ensure that information and assistance are available to economic operators from the textile sector, especially small and medium enterprises, which should take the form of guidance, financial support, access to finance, specialised management and staff training material, or organisational and technical assistance. If support is financed through state resources, including when wholly financed by contributions imposed by the public authority and levied on the undertakings concerned, it may constitute State aid within the meaning of Article 107(1) TFEU; in such cases, Member States have to ensure compliance with State aid rules. The mobilisation of private and public investment in the circularity and decarbonisation of the textile sector are also the focus of several Union funding programmes and roadmaps such as Hubs for Circularity and specific calls under Horizon Europe. It is also necessary to further assess the feasibility of setting Union targets for the recycling of textiles to support and drive technological development and the investments into recycling infrastructure as well as the push for ecodesign for recycling.
2023/10/27
Committee: ENVI
Amendment 192 #

2023/0234(COD)

Proposal for a directive
Recital 24
(24) Used and waste textiles, textile- related and footwear products should be collected separately from other waste streams, such as metals, paper and cardboard, glass, plastics, wood and bio- waste from 1 January 2025 to maintain their reusability and potential for high- quality recycling. Considering the environmental impact and the loss of materials due to used and waste textiles not being separately collected, and consequently not treated in an environmentally sound manner, the collection network of used and waste textiles, textile-related and footwear products should cover the whole territory of Member States including the outermost regions, be close to the end-user and not target only areas and products where the collection is profitable. The collection network should be organised in cooperation with other actors active in the waste management and re-use sectors, such as municipalities and social enterprises. In view of the significant environmental and climate benefits associated with re-use, the primary and secondary purpose of the collection network should be the collection of re-usable and recyclable textile, textile- related and footwear products accordingly. Since the consumer is not trained to distinguish between re-usable and recyclable items, the collection systems should, including for logistical efficiency purposes, provide for the collection receptacles that collect both used and waste items together. High collection rates would drive high re-use performance and quality recycling in the textile supply chains, boost the uptake of quality secondary raw materials and support the investment planning in the textile sorting and processing infrastructure. In order to verify and improve the effectiveness of the collection network and the information campaigns, regularannual compositional surveys at least at NUTS 2 level should be carried out on mixed municipal waste collected to determine the amount of waste textiles and footwear therein. In addition, information on the performance of the separate collection systems and the attained annual separate collection rate should be calculated and made publicly available annually by the producer responsibility organisations.
2023/10/27
Committee: ENVI
Amendment 193 #

2023/0234(COD)

Proposal for a directive
Recital 25
(25) In view of the key role of social enterprises and social economy entities in the existing textile collection systems and their potential to create local, sustainable, participatory and inclusive businesses models and quality jobs in the Union, in line with the objectives of the EU Social Economy Action Plan79 , the introduction of extended producer responsibility schemes should maintain and support the activities of social enterprises and social economy entities involved in used and waste textiles management. These entities therefore should be regarded as partners in the separate collection systems supporting the scale-up of re-preparation for re-use, re- use and repair and creating quality jobs for all and in particular for vulnerable groups. _________________ 79 COM (2021) 778 final of 9 December 2021.
2023/10/27
Committee: ENVI
Amendment 196 #

2023/0234(COD)

Proposal for a directive
Recital 26
(26) Producers and producer responsibility organisations should be actively involved in providing information to end users, in particular consumers, that used and waste textiles and footwear should be collected separately, that collection systems are available and that end-users have an important role in ensuring waste prevention and an environmentally optimal management of textiles waste. This information should include availability of re-use arrangements for textiles and footwear and the environmental benefits of sustainable consumption and the environmental, health and social impacts of the textile apparel industry. The end users should also be informed about their important role in making informed, responsible and sustainable textile consumption choices and ensuring an environmentally optimal management of textile and footwear waste. These information requirements apply in addition to the requirements on the provision of information to end-users in relation to the textile products laid down in the Ecodesign for Sustainable Product Regulation80 and the Regulation (EU) No 1007/2011 of the European Parliament and of the Council81 . The disclosure of information to all end users should make use of modern information technologies. The information should be provided both by classical means, such as posters both indoors and outdoors and social media campaigns, and by more innovative means, such as electronic access to websites provided by QR codes and the product passport established in accordance with Regulation …/... [PO insert the serial number and institutions for the Ecodesign for Sustainable Product Regulation]. . _________________ 80 OJ to insert the reference number once adopted. 81 Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile fibre names and related labelling and marking of the fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council (OJ L 272, 18.10.2011, p. 1).
2023/10/27
Committee: ENVI
Amendment 201 #

2023/0234(COD)

Proposal for a directive
Recital 28
(28) In order to monitor that producers meet their obligations relating to their financial, and organisational obligations to ensuring the management of used and waste textile, textile-related and footwear products they make available on the market for the first time within the territory of a Member State, it is necessary that a register of producers is established and managed by each Member State and that producers should be obliged to register. The registration requirements and format should be harmonised across the Union to the greatest extent possible so as to facilitate registration in particular where producers make textile, textile-related and footwear products available on the market for the first time in different Member States. The information in the register should be publicly accessible to those entities that play a role in the verification of the compliance with the extended producer responsibility obligations and their enforcement.
2023/10/27
Committee: ENVI
Amendment 202 #

2023/0234(COD)

Proposal for a directive
Recital 30
(30) Article 30(1) of Regulation (EU) 2022/2065 of the European Parliament and of the Council83 obliges certain providers of online platforms allowing consumers to conclude distance contracts with producers offering textile, textile-related and footwear products to consumers located in the Union, prior to allowing a producer to use its services, to obtain certain identification information from that producer and a self-certification by the producer committing to only offer products or services that comply with the applicable rules of Union law. In order to ensure the effective enforcement of the extended producer responsibility obligations, it should be specified that providers of online platforms falling within the scope of Chapter 3, Section 4, of Regulation (EU) 2022/2065 should obtaincomply with the extended producer responsibility requirements, unless they can prove that producers comply with those requirements by obtaining from those producers information on the registration in the textile producer register that Member State are obliged to set up pursuant to this Directive, as well as the registration number(s) of the producer in that register, and a self-certification by the producer committing itself to only offer textile, textile-related and footwear products to which the extended producer responsibility requirements laid down by this Directive apply. The rules on enforcement laid down in Chapter IV of Regulation (EU) 2022/2065 apply to providers of such platforms in relation to these traceability rules. _________________ 83 OJ L 277, 27.10.2022, p. 1.
2023/10/27
Committee: ENVI
Amendment 203 #

2023/0234(COD)

Proposal for a directive
Recital 31
(31) In order to ensure the treatment of textiles in line with the waste hierarchy set out in Directive 2008/98/EC, producer responsibility organisations should ensure that all separately collected textiles and footwear are subject to sorting operations that generate both items that are fit for re- use meeting the needs of the receiving second-hand textile and the recycling feedstock markets in the Union and globally. In view of the greater environmental benefits associated with extending the lifetime of textiles, re-use should be the main objective of the sorting operations followed by sorting for recycling where the items are professionally assessed as not re-useable. These sorting requirements should be developed by the Commission as a priority as part of the harmonised Union end-of- waste criteria for re-useable textiles and recycled textiles, including on initial sorting that may take place at the collection point. Such harmonised criteria should bring about consistency and high quality in the collected fractions as well as in material flows for sorting, waste recovery operations and secondary raw materials across borders which in turn should facilitate the scaling up re-use and recycling value chains. Used clothes professionally assessed as fit for re-use by the re-use operators or social enterprises and social economy entities at the collection point from end-users should not be considered waste. In case re-use or recycling is not technically possible, the waste hierarchy should still be applied, avoiding landfilling where possible, in particular of biodegradable textiles that are a source of methane emissions, and applying energy recovery when incineration is applied.
2023/10/27
Committee: ENVI
Amendment 207 #

2023/0234(COD)

Proposal for a directive
Recital 32
(32) Exports of used and waste textiles outside the EU have been steadily increasing with exports representing the greatest share of the re-use market for post- consumer textiles generated in the EU. In view of the significant increase of the collected textile waste after the introduction of separate collection by 2025 it is important to strengthen the efforts to combat illegal shipments of waste to third countries disguised as non-waste for the purpose of ensuring high environmental protection. Building on Regulation …/… [P.O. insert the institutions and serial number, and complete the footnote for the Regulation on the Shipment of waste]84 and in view of the objective to ensure the sustainable management of post-consumer textiles and tackle illegal shipments of waste, it should be provided that all separately collected used textiles, textile- related and footwear products undergo a sorting operation prior to their shipment. Furthermore, it should be provided that all separately collected used textile, textile- related and footwear items are regarded as waste and subject to Union waste legislation, including on the shipments of waste, until they have undergone a sorting operation by a trained sorting for re-use and recycling operator and meet the relevant criteria established in Article 6. The sorting should be carried out in accordance with the harmonised sorting requirements that deliver high quality re- usable fraction that meet the needs of the receiving second hand textile markets in the EU and globally and by establishing criteria to distinguish between used goods and waste. Shipments of used textiles, textile-related and footwear products should be accompanied by information demonstrating that those items are the output of a sorting or a preparing for re-use operation and that the items are suitable for re-use and comply with the national rules of the destination country. _________________ 84 OJ to insert the reference number once adopted.
2023/10/27
Committee: ENVI
Amendment 221 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 2008/98/EC
Article 3 – paragraph 8 a
2a. In article 3, the following paragraph is inserted: 8a. ‘Social enterprise’ means a private law entity that provides goods and services for the market in an entrepreneurial way in accordance with the principles and features of the social economy, having social and/or environmental objectives as the primary reason for its commercial activity.
2023/10/27
Committee: ENVI
Amendment 227 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
(3) in Article 9, paragraph 1, points (g) and (h), and paragraphs 5, 6 and 8 are deleted.
2023/10/27
Committee: ENVI
Amendment 229 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 9 a – paragraph 1
Member States shall take appropriate measures to prevent generation of food waste along the entire supply chain, in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households. Those measures shall include, but not be limited to, the following:
2023/10/27
Committee: ENVI
Amendment 231 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 9 a – paragraph 1 – point a
(a) developing and supporting behavioural change interventions to reduce food waste, and information campaigns to raise awareness about food waste preventionproduction and food waste prevention, including in schools;
2023/10/27
Committee: ENVI
Amendment 236 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 9 a – paragraph 1 – point c
(c) encouraging food donation and other redistribution for human consumption, prioritising human use over animal feed and the reprocessing into non- food products and permitting and decriminalising the gathering and use of food waste from supermarkets, restaurants and similar activities ;
2023/10/27
Committee: ENVI
Amendment 246 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 9 a – paragraph 2
2. Member States shall monitor and assess the implementation of their food waste prevention measures, including compliance with the food waste reduction targets referred to in paragraph 4, by measuring the levels of food waste on the basis of the methodology established in accordance with paragraph 3.
2023/10/27
Committee: ENVI
Amendment 253 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 9 a – paragraph 3 a (new)
3a. Member States shall make the methodology, measurement methods and data used to measure the levels of food waste referred to in paragraph 2 publicly available.
2023/10/27
Committee: ENVI
Amendment 256 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 9 a – paragraph 4 – point –a (new)
(-a) reduce the generation of food waste in primary production by 10 % in comparison to the amount generated in 2020;
2023/10/27
Committee: ENVI
Amendment 264 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 9 a – paragraph 4 – point a
(a) reduce the generation of food waste in processing and manufacturing by 150 % in comparison to the amount generated in 2020;
2023/10/27
Committee: ENVI
Amendment 271 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 9 a – paragraph 4 – point b
(b) reduce the generation of food waste per capita, jointly in retail and other distribution of food, in restaurants and food services and in households, by 350 % in comparison to the amount generated in 2020.
2023/10/27
Committee: ENVI
Amendment 280 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 9 a – paragraph 5
5. Where a Member State can provide data for a reference year prior to 2020, which have been collected using methods comparable to the methodology and minimum quality requirements for the uniform measurement of levels of food waste as set out in the Commission Delegated Decision (EU) 2019/1597, an earlier reference year may be used. The Member State shall notify the Commission and the other Member States of its intention to use an earlier reference year within 18 months of the entry into force of this Directive and shall provide the Commissionublish with the data and measurement methods used to collect them.
2023/10/27
Committee: ENVI
Amendment 283 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 9 a – paragraph 6
6. When the Commission considers that the data do not comply with the conditions set out in paragraph 5, it shall, within 6 months of the receipt of a notification made in accordance with paragraph 5, adopt a decision requesting the Member State to use the methodology and minimum quality requirements for the uniform measurement of levels of food waste as set out in the Commission Delegated Decision (EU) 2019/1597 and to either use 2020 or a year other than that proposed by the Member State as reference year.
2023/10/27
Committee: ENVI
Amendment 287 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 9 a – paragraph 7 a (new)
7a. By 1 December 2025 and annually thereafter, Member States shall carry out a compositional survey of collected mixed municipal waste to determine the share of bio-waste therein. Member States shall ensure that, on the basis of the information obtained, the competent authorities may take additional measures to increase the efficiency of the separate collection of bio-waste in accordance with Article 22. Member States shall make the results of the compositional surveys publicly available.
2023/10/27
Committee: ENVI
Amendment 290 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2008/98/EC
Article 9 a – paragraph 7 b (new)
7b. The Commission shall consider updating the rules on the date marking of food products ('use by' and 'best before' dates). To that end, the Commission shall consider revising Regulation (EU) No 1169/2011 on the provision of food information to consumers and present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.
2023/10/27
Committee: ENVI
Amendment 305 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 1
1. Member States shall ensure that producers have extended producer responsibility for household textile products, articles of apparel, clothing accessories and footwear, apparel and clothing accessories listed in Annex IVc (“textile, textile-related and footwear products”) that they make available on the market for the first time within the territory of a Member State, in accordance with Articles 8 and 8a. (This amendment applies throughout the text.)
2023/10/27
Committee: ENVI
Amendment 308 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 38a to amend Annex IVc to this Directive in order to bring the Combined Nomenclature codes listed in Annex IVc to this Directive in line with the codes listed in Annex 1 to Council Regulation (EEC) No 2658/87* and to expand the scope of Annex IVc, in case there is a necessity to do so, in which case its adoption shall be preceded by an impact assessment with sufficient empirical evidence to support its reasoning.
2023/10/27
Committee: ENVI
Amendment 309 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 3
3. Member States shall define in a clear, inclusive and balanced way the roles and responsibilities of relevant actors involved in the implementation, monitoring and verification of the extended producer responsibility scheme referred to in paragraph 1. including producers placing products on the market of the Member State, organisations implementing extended producer responsibility obligations on their behalf, private or public waste operators, local authorities and, where appropriate, re-use and preparing for re-use operators and social economy enterprises.
2023/10/27
Committee: ENVI
Amendment 320 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 4 – subparagraph a – point 3
(3) sorting, preparation for re-use, recycling and other recovery operations and disposal of collected loads referred to in point (1) in the final geographic location where such activities are determined to take place,
2023/10/27
Committee: ENVI
Amendment 322 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 4 – point a – point 4
(4) collection, transport and treatment referred to in points (1) and (2) of waste generated by social enterprises and other non-waste operators that are part of the collection system referred to in Article 22c, paragraphs 5 and 11;
2023/10/27
Committee: ENVI
Amendment 328 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 4 – point a a
(aa) collection and subsequent waste management in third countries following the export of textile, textile-related and footwear products listed in Annex IVc;
2023/10/27
Committee: ENVI
Amendment 329 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 4 – point e
(e) support to research and development to improve the sorting and recycling processes at the appropriate stage of the waste hierarchy referred to in Article 4, in particular, in view of scaling up fibre-to-fibre recycling, without prejudice to Union state aid rules.
2023/10/27
Committee: ENVI
Amendment 331 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 4 – point e a
(ea) support to research and development to improve the reuse and repair processes and investment in social enterprises by allocating at least 10% of fees collected to those activities;
2023/10/27
Committee: ENVI
Amendment 335 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 4 – point e b (new)
(eb) collection, transport and treatment costs for non-separately collected used and waste textile products;
2023/10/27
Committee: ENVI
Amendment 338 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 4 – point e c (new)
(ec) monitoring and verification in accordance with Article 22a(3).
2023/10/27
Committee: ENVI
Amendment 341 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 5
5. Member States shall ensure that producers of textiles, textile-related and footwear products listed in Annex IVc cover the costs referred to in paragraph 4 of this Article in relation to the used and waste textiles, textile-related and footwear products listed in Annex IVc deposited at the collection points set up in accordance with Article 22c, points 5 and 11, where such products were made available on the market for the first time within the territory of a Member State after [P.O. insert date of entry into force of this amending Directive] including any used and waste textiles that may be collected through private take- back schemes and later aggregated with textiles collected pursuant to Article 22c (5).
2023/10/27
Committee: ENVI
Amendment 343 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 6
6. The costs to be covered referred to in paragraph 4 shall not exceed the costs that are necessary to provide the services referred to in that paragraph in a cost- efficient way consistent with the waste hierarchy and shall be established in a transparent way between the actors concerned both within the Union and in other geographic areas where the processing of textile waste in accordance with paragraph 4 is determined to take place.
2023/10/27
Committee: ENVI
Amendment 346 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 7
7. For the purpose of compliance with Article 30, paragraph 1, points (d) and (e), of Regulation (EU) 2022/2065, Member States shall ensure that providers of online platforms, falling within the scope of Chapter 3, Section 4 of that regulation, allowing consumers to conclude distance contracts with producers offering textile, textile-related and footwear products listed in Annex IVc to consumers located in the Union as well as fulfilment service providers, comply with the extended producer responsibility requirements referred to in paragraph 1 of this Article, unless they can prove that producers comply with those requirements by obtaining the following information from producers;
2023/10/27
Committee: ENVI
Amendment 350 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 7 a (new)
7a. Upon receiving the information referred to paragraph 7 and prior to allowing the producer concerned to use its services, the provider of online platforms and fulfilment service providers shall assess whether the information referred to in point (a) and (b) is reliable and complete.
2023/10/27
Committee: ENVI
Amendment 351 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 8
8. Member States shall ensure that the extended producer responsibility schemes laid down in paragraph 1 of this Article are established by [P.O insert date 18 months after the entry into force of this amending Directive] for products listed in Annex IV Parts 1 and 2 and by [P.O insert date thirty months after the entry into force of this amending Directive] for products listed in Annex IV Part 3 in accordance with Articles 8, 8a, 22a to 22d.
2023/10/27
Committee: ENVI
Amendment 357 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 a – paragraph 8 a (new)
8a. Where producer responsibility organisations are established after the date referred to in Article 22d(1), such organisations shall reimburse all costs related to the separate collection of textile waste starting from the date that producers have extended producer responsibility as referred to in the first paragraph.
2023/10/27
Committee: ENVI
Amendment 363 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 b – paragraph 1
Member States shall ensure that the register provides links to other national registers to facilitate the registration of producers in all Member States. The register shall be easily accessible and free of charge to the public online.
2023/10/27
Committee: ENVI
Amendment 368 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 b – paragraph 7
7. The competent authority mayshall refuse or withdraw the producer’s registration where the information outlined in paragraph 4 and related documentary evidence is not provided or is not sufficient or where the producer no longer meets the requirements set out in paragraph 4, point (d).
2023/10/27
Committee: ENVI
Amendment 370 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 b – paragraph 9
9. Where tThe information in the register of producers is notshall be publicly accessible, machine readable, sortable and searchable, respecting open standards for third party use. Member States shall ensure that providers of online platforms allowing consumers to conclude distance contracts with producers are granted access, free of charge, to the register.
2023/10/27
Committee: ENVI
Amendment 375 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 2
2. Member States shall require producer responsibility organisations intending to fulfil the extended producer responsibility obligations on behalf of producers in accordance with Articles 8a(3), 22a, 22b, 22d and this Article to obtain an authorisation by a competent authority. The authorisation procedure shall include requirements on the verification of the arrangements put in place to ensure compliance with the requirements laid down in this Article and Article 22a. This verification shall be done by an independent expert who shall issue a verification report on its result. The independent expert shall be independent of the competent authority and of the producer responsibility organisations or the producers authorised for individual fulfilment.
2023/10/27
Committee: ENVI
Amendment 377 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 3 – point a
(a) are based on the weightunit volume of the products concerned and, for textile products listed in Part 1 of Annex IVc, are modulated on the basis of the number of distinct textiles products placed on the market and the ecodesign requirements adopted pursuant to the Regulation .../... of the European Parliament and of the Council [P.O. insert the serial number for the Ecodesign for Sustainable Products Regulation when adopted]** that are most relevant for the prevention of textile waste and for the treatment of textiles in line with the waste hierarchy and the corresponding measurement methodologies for those criteria adopted pursuant to that Regulation or on the basis of other Union law establishing harmonised sustainability criteria and measurement methods for textile products, and that ensure the improvement of environmental sustainability and circularity of textiles;
2023/10/27
Committee: ENVI
Amendment 382 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 3 a (new)
3a. By 12 months after the adoption of ecodesign requirements adopted pursuant to the Regulation .../... of the European Parliament and of the Council [P.O. insert the serial number for the Ecodesign for Sustainable Products Regulation when adopted], the Commission shall adopt guidelines on the fee modulation criteria for the application of paragraph 3, point (a), of this Article.
2023/10/27
Committee: ENVI
Amendment 383 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 4
4. Where necessary to avoid distortion of the internal market and ensure consistency with the ecodesign requirements adopted pursuant to Article 4 read in conjunction with Article 5 of Regulation.../... [P.O. insert the serial number for Ecodesign for Sustainable Products Regulation when adopted], the Commission may adopt implementingdelegated acts laying down the fee modulation criteria for the application of paragraph 3, point (a), of this Article. That implementingdelegated act shall not concern the precise determination of the level of the contributions and shall be adopted in accordance with the examination procedure referred to in Article 39(2)8a of this Directive.
2023/10/27
Committee: ENVI
Amendment 391 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 5 – point c
(c) ensure the collection, free of charge, of waste generated by social enterprises and other non-waste operators from such textile, textile-related and footwear products collected through the connected collection points.
2023/10/27
Committee: ENVI
Amendment 398 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 6 – point c
(c) maintains a sustained increase of the separate collection rate to achieve technically feasible levels taking into account good practiceshe collection target referred to in Article 22d.
2023/10/27
Committee: ENVI
Amendment 403 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 9
9. TBy ... [12 months after the entry into force of this amending Directive], the Commission shall adopt implementing actsdelegated laying down the methodology for the calculation and verification of the separate collection rate referred to in paragraph 6, point (c) of this Article. That implementingdelegated act shall be adopted in accordance with the examination procedure referred to in Article 39(2)8a.
2023/10/27
Committee: ENVI
Amendment 405 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 10
10. Member States shall ensure that producer responsibility organisations are not allowed to refuse the participation of social enterprises and othelocal public authorities as well as social enterprises and other preparation for re- use or re-use operators in the separate collection system established pursuant to paragraph 5.
2023/10/27
Committee: ENVI
Amendment 408 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 10 a (new)
10a. Member States shall ensure that producer responsibility organisations are not allowed to refuse the participation of enterprises which employ fewer than 10 persons and whose annual turnover and balance sheet total does not exceed EUR 2 million.
2023/10/27
Committee: ENVI
Amendment 415 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 12
12. Member States shall ensure that collection points set up in accordance with paragraphs 5, 6 and 11 are not subject to the registration or permit requirements of this Directive.deleted
2023/10/27
Committee: ENVI
Amendment 420 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 13 – point b
(b) re-use and repair arrangements available for textile and footwear including, when applicable, according to [Directive on common rules promoting the repair of goods];
2023/10/27
Committee: ENVI
Amendment 423 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 13 – point c
(c) the role of consumers in contributing to the correct separate collection of used and waste textile and footwear, including the location of collection points;
2023/10/27
Committee: ENVI
Amendment 430 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 14
14. Member States shall ensure that the producer responsibility organisation provide the information referred to in paragraph 13 on a regular basis, that the information is up to date and provided at the point of sale and by means of:
2023/10/27
Committee: ENVI
Amendment 436 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 14 – point d a (new)
(da) the product passport established in accordance with Regulation …/... [PO insert the serial number and institutions for the Ecodesign for Sustainable Product Regulation]
2023/10/27
Committee: ENVI
Amendment 440 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 15
15. Where, in a Member State, multiple producer responsibility organisations are authorised to fulfil extended producer responsibility obligations on behalf of producers, Member States shall ensure that they cover the whole territory of the Member State of the separate collection system for used and waste textile, textile- related and footwear products listed in Annex IVc. Member States shall entrust the competent authority or appoint an independent third party to oversee that producer responsibility organisations fulfil their obligations in coordinated manner and in accordance with the Union competition rules.
2023/10/27
Committee: ENVI
Amendment 443 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 17
17. Member States shall ensure that producer responsibility organisations report to competent authorities and publish on their websites, in addition to the information referred to in Article 8a(3), point (e):
2023/10/27
Committee: ENVI
Amendment 444 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 c – paragraph 17 – point a
(a) at least each year, subject to commercial and industrial confidentiality, the information on the amount ofwithout prejudice to the protection of sensitive information and business secrets provided for in Directive (EU) 2016/943 of the European Parliament and of the Council , the information on the amount, in weight and number of items, of products placed on the market, number of distinct textile products placed on the market, the rate of separate collection of used and waste textile, textile- related and footwear products listed in Annex IVc, including such unsold products, on the rates of re- use, preparation for re-use and recycling, specifying separately the rate of fibre-to- fibre recycling, achieved by the producer responsibility organisation, amount of recycled content in products placed on the market, the amount of pre-consumer waste and on the rates of other recovery, disposal and exports;
2023/10/27
Committee: ENVI
Amendment 454 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 d – paragraph 1 a (new)
1a. Member States shall take the necessary and appropriate measures to ensure by 31 December 2030 the separate collection of an amount of waste textile, textile-related and footwear products listed in Annex IVc equal to 60 % of such products placed on the market in a given year by weight.
2023/10/27
Committee: ENVI
Amendment 455 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 d – paragraph 1 b (new)
1b. Member States shall take the necessary and appropriate measures to achieve, by 31 December 2035, the following targets at national level: (a) reuse of 30 % of waste textile, textile- related and footwear products listed in Annex IVc; (b) local reuse of 15% of waste textile, textile-related and footwear products listed in Annex IVc within 1000 km of the collection point. (c) recycling of 40% of waste textile, textile-related and footwear products listed in Annex IVc; (d) fibre-to-fibre recycling of 10% of waste textile, textile-related and footwear products listed in Annex IVc; Textiles waste exported from the Union shall be counted as recycled by the Member State in which it was collected only if, in accordance with Regulation (EC) No 1013/2006, the exporter provides documentary evidence approved by the competent authority of destination that the shipment of waste complies with the requirements of that Regulation, including that the treatment of packaging waste outside the Union took place under conditions that are equivalent to the requirements of the relevant Union environmental law.
2023/10/27
Committee: ENVI
Amendment 460 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 d – paragraph 3 – subparagraph 2
With regard to textiles other than the products listed in Annex IVc, as well as unsold textile, textile-related and footwear products listed in Annex IVc, Member States shall ensure that the different fractions of textiles materials and textiles items are kept separate at the point of waste generation where such separation facilitates subsequent re-use, preparation for re-use or recycling, including fibre-to- fibre recycling where technological progress allows.
2023/10/27
Committee: ENVI
Amendment 467 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 d – paragraph 4 a (new)
4a. By 1 January 2030, Member States shall ensure that waste textiles that are not separately collected are sorted prior to disposal or energy recovery operations to remove textiles available for recycling.
2023/10/27
Committee: ENVI
Amendment 473 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 d – paragraph 5 – point b
(b) sorting for re-use operations sort textile items at an appropriate level of granularity allowing for item by item sorting, separating fractions that are fit for direct re-use from those that are to be subject to further preparation for re-use operations, target a specific re-use market applying up-to-date sorting criteria relevant to the receiving market;
2023/10/27
Committee: ENVI
Amendment 476 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 d – paragraph 5 – point c
(c) items that are assessed as not suitable for re-use are sorted for recycling and, where technological progress allows, specifically foin line with the waste hierarchy established in Article 4(1), prioritise upgrading and remaking over fibre-to- fibre recycling.
2023/10/27
Committee: ENVI
Amendment 483 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
6. By 31 December 2025 and every 5 yearsannually thereafter, Member States shall carry out a compositional survey of collected mixed municipal waste to determine the share and composition of waste textiles therein. Member States shall ensure that, on the basis of the information obtained, the competent authorities may require the producer responsibility organisations to take corrective action to increase their network of collection points and carry out information campaigns in accordance with Article 22c(13) and (14), adapt the modulation of financial contributions in accordance with Article 22c(3) and carry out information campaigns in accordance with Article 22c(13) and (14). Member States shall make the results of the compositional surveys publicly available.
2023/10/27
Committee: ENVI
Amendment 489 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 d – paragraph 7
7. Member States shall ensure that, in order to distinguish between used and waste textiles, shipments of used textiles, textile-related and footwear products intended for re-use suspected of being waste mayterials not suitable for reuse shall be inspected by the competent authorities of Member States for compliance with the minimum requirements set out in paragraphs 8 and 9 for the shipments of used textile, textile related and footwear products listed in Annex IVc and monitored accordingly.
2023/10/27
Committee: ENVI
Amendment 492 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 d – paragraph 8 – point c a (new)
(ca) evidence that registered entities within the destination country of the shipment receive financing under an authorized extended producer responsibility program for sorting, preparation for re-use, recycling and other recovery operations and disposal;
2023/10/27
Committee: ENVI
Amendment 496 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 d – paragraph 9 – point b – point 1 a (new)
(1a) the name and address of the natural or legal person responsible for receiving the shipment at the intended destination.
2023/10/27
Committee: ENVI
Amendment 498 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 d – paragraph 9 a
9a. Member States shall ensure that shipments of used textiles, textile-related and footwear products comply with the national rules of the destination country.
2023/10/27
Committee: ENVI
Amendment 499 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2008/98/EC
Article 22 d – paragraph 10
Member States shall ensure that, where the competent authorities in a Member State establish that an intended shipment of used textiles, textile-related and footwear consists of wastedestined for re-use consists of material that does not meet the relevant criteria established in Article 6 , the costs of appropriate analyses, inspections and storage, recycling, recovery or disposal of used textiles, textile-related and footwear suspected of being waste mayshall be charged to the producers of textile, textile-related and footwear products listed in Annex IVc, to third parties acting on their behalf or to other persons arranging the shipment.
2023/10/27
Committee: ENVI
Amendment 503 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new)
Directive 2008/98/EC
Article 22 e (new)
(7b) the following Article 22e is inserted: Article 22e Textile waste reduction targets Member States shall take the necessary and appropriate measures to achieve the following textile waste reduction target at national level: (a) by 31 December 2035, reduce the generation of textile waste by 10% in comparison to the amount generated in 2030; (b) by 31 December 2040, reduce the generation of textile waste by 33% in comparison to the amount generated in 2030. By [P.O insert date 18 months after the entry into force of this amending Directive], the Commission shall adopt delegated acts in accordance with Article 38a to supplement this Directive as regards laying down rules for the calculation, verification and reporting of data on textile waste and minimum quality requirements for the uniform measurement of textile waste levels.
2023/10/27
Committee: ENVI
Amendment 504 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 c (new) Directive 2008/98/EC
(7c) the following Article 22f is inserted: Deposit and return systems By 1 January 2030, Member States shall take the necessary measures to ensure that deposit and return systems are set up for textile, textile-related and footwear products listed in Annex IVc. Where necessary; to avoid distortion of the internal market, the Commission may adopt delegated acts laying down minimum criteria for the application of paragraph 1, point (a), of this Article. That delegated act shall not concern the precise determination of the level of the contributions and shall be adopted in accordance with Article 38a of this Directive.
2023/10/27
Committee: ENVI
Amendment 509 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Directive 2008/98/EC
Article 37 – paragraph 3
Member States shall report the data concerning the implementation of Article 9(4) and the data referred to in point (a) of Article 22c(17) to the European Environment Agency every year. Member States shall not be required to report quantitative data on the re-use of textiles pursuant to Article 9(4). Member States shall report the data concerning the implementation of Article 9a(2) to the Commission every year.;
2023/10/27
Committee: ENVI
Amendment 510 #

2023/0234(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
(11a) the following Article 42a is inserted: Article 42a Evaluation By 31 December 2026, the Commission shall carry out an evaluation of this Directive and of its contribution to protect the environment and human health by preventing or reducing the generation of waste, protect the environment and human health by preventing or reducing the generation of waste, and of its contribution to the Union’s long-term competitiveness. The Commission shall present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.
2023/10/27
Committee: ENVI
Amendment 512 #

2023/0234(COD)

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [P.O. insert date eighteentwelve months after the entry into force of this amending Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
2023/10/27
Committee: ENVI
Amendment 518 #

2023/0234(COD)

Proposal for a directive
Annex IV c – part 1
Directive 2008/98/EC
Annex IV b a (new)
Household t Textile products, and textile articles of apparel and clothing accessories that fall within the scope of Article 22a CN code Description 61 – all listed codes within the Articles of apparel and clothing accessories, chapter knitted or crocheted 62 – all listed codes within the Articles of apparel and clothing accessories, not chapter knitted or crocheted 6301 Blankets and travelling rugs (except 6301 10 00) 6302 Bed linen, table linen, toilet linen and kitchen linen 6303 Curtains (including drapes) and interior blinds; curtain or bed valances 6304 Other furnishing articles, excluding those of heading 9404 630710 Floorcloths, dishcloths, dusters and similar cleaning cloths 6309 Worn clothing and other worn articles 6504 Hats and other headgear, plaited or made by assembling strips of any material, whether or not lined or trimmed 6505 Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hairnets of any material, whether or not lined or trimmed
2023/10/26
Committee: ENVI
Amendment 521 #

2023/0234(COD)

Proposal for a directive
Annex IV c – part 2 a (new)
Directive 2008/98/EC
Annex IV b a (new)
Textile products within the scope of Article 22a CN code Description 9404 Mattresses 5704 Carpets
2023/10/26
Committee: ENVI
Amendment 118 #

2023/0124(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 16
(16) ‘authorised representative’ means any natural or legal persons established within the Union that have received a written mandate from a manufacturer to act on their behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation;
2023/11/16
Committee: IMCO
Amendment 119 #

2023/0124(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 19
(19) ‘economic operator’ means the manufacturer, the authorised representative, the importer , the distributor, the distributorfulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products or in relation to making them available on the market in accordance with this Regulation;
2023/11/16
Committee: IMCO
Amendment 120 #

2023/0124(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 21
(21) ‘market surveillance authority’ means a market surveillance authority as defined in Article 3, point 4, of Regulation (EU) 2019/1020 as responsible for organising and carrying out market surveillance in the territory of that Member State;
2023/11/16
Committee: IMCO
Amendment 123 #

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Manufacturers shallBefore placing their products on the market, manufacturers shall carry out an internal risk analysis and draw up the technical documentation referred to in Annex IV and carry out the conformity assessment procedure referred to in that Annex.
2023/11/16
Committee: IMCO
Amendment 125 #

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 3
3. Manufacturers shall keepdraw up and keep up to date the technical documentation and the product passport for at least 10 years after the last time the detergent or the surfactant covered by that documentation or product passport has been placed on the market.
2023/11/16
Committee: IMCO
Amendment 129 #

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
When deemed appropriate with regard to the performance of, or the risks presented by, a detergent or surfactant, manufacturers shall carry out sample testing of such detergents or surfactants, investigate, and, if necessary, keep a register of complaints, of non- conforming detergents or surfactants and recalls of such detergent or surfactants, and shall keep distributors informed of any such monitoring.
2023/11/16
Committee: IMCO
Amendment 130 #

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 a (new)
Manufacturers shall make publicly available communication channels such as a telephone number, electronic address or dedicated section of their website, taking into account accessibility needs for persons with disabilities, enabling consumers to submit complaints and to inform manufacturers of any accident or safety issue they have experienced with a detergent or surfactant.
2023/11/16
Committee: IMCO
Amendment 131 #

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 b (new)
Manufacturers shall investigate complaints submitted, and information received on accidents, that concern the safety of products they made available on the market and which have been alleged to be dangerous by the complainant, and shall keep an internal register of those complaints as well as of product recalls and any corrective measures taken to bring the detergent or surfactant into conformity.
2023/11/16
Committee: IMCO
Amendment 132 #

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 c (new)
The internal register of complaints shall only store those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous detergents or surfactants. Such data shall only be kept as long as is necessary for the purposes of the investigation and in any event no longer than five years after the data have been entered.
2023/11/16
Committee: IMCO
Amendment 133 #

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point a
(a) upon request from the Member States’ appointed bodiesbefore placing the detergent on the market in the Member State concerned;
2023/11/16
Committee: IMCO
Amendment 136 #

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2 – point b
(b) when the detergent for which a data sheet has already been requestprovided no longer corresponds to the information included in that datasheet.
2023/11/16
Committee: IMCO
Amendment 137 #

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 7 a (new)
7 a. Manufacturers shall ensure that all relevant economic operators, including distributors, importers and authorised representatives, and providers of online marketplaces in the supply chain concerned, are kept informed in a timely manner of any conformity issue or risk to the health or the environment that they have identified, and of any corrective action, recall or withdrawal.
2023/11/16
Committee: IMCO
Amendment 139 #

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 8
8. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic format and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by a detergent or surfactant which they have placed on the market.
2023/11/16
Committee: IMCO
Amendment 140 #

2023/0124(COD)

Proposal for a regulation
Article 7 – paragraph 8 a (new)
8 a. Manufacturers established outside of the Union shall ensure that their authorised representative has the necessary documentation permanently available in order to fulfil the tasks referred to in Article 15(3).
2023/11/16
Committee: IMCO
Amendment 143 #

2023/0124(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 – point b
(b) keep the product passport and technical documentation at the disposal of national market surveillance authorities for at least 10 years after the last time the detergent or surfactant covered by those documents has been placed on the market;
2023/11/16
Committee: IMCO
Amendment 144 #

2023/0124(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 – point c
(c) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the detergent or surfactant with the requirements laid down in this Regulation in an official language that can be understood by that authority;
2023/11/16
Committee: IMCO
Amendment 145 #

2023/0124(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 – point e
(e) immediately terminate the mandate if the manufacturer does not comply with the obligations of the manufacturer under this Regulation and immediately inform the market surveillance authority of the Member State in which is established.
2023/11/16
Committee: IMCO
Amendment 146 #

2023/0124(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 – point e a (new)
(e a) where the authorised representative considers or has reason to believe that a detergent or a surfactant is dangerous, inform the manufacturer thereof.
2023/11/16
Committee: IMCO
Amendment 147 #

2023/0124(COD)

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 a (new)
In case of change of authorised representative, the detailed arrangements for the change shall be clearly defined in an agreement between the manufacturer, where practicable the outgoing authorised representative, and the incoming authorised representative. That agreement shall address at least the date of termination of the mandate of the outgoing authorised representative and date of beginning of the mandate of the incoming authorised representative, as well as the transfer of documents, including confidentiality aspects and property rights.
2023/11/16
Committee: IMCO
Amendment 150 #

2023/0124(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. Importers shall indicate their name, registered trade name or registered trade mark and the postal and email address at which they can be contacted on the label of the detergent or surfactant. That information shall be placed on the product or, where that is not possible, on its packaging or in a document accompanying the product. Importers shall ensure that any additional label does not obscure any information required by Union law on the label provided by the manufacturer. The contact details shall be in a language easily understood by end- users and market surveillance authorities.
2023/11/16
Committee: IMCO
Amendment 152 #

2023/0124(COD)

Proposal for a regulation
Article 9 – paragraph 7
7. When deemed appropriate with regard to the performance of a detergent or surfactant or the risks presented by them, importers shall carry out sample testing of such detergents and surfactants, investigate, and, if necessary, keep a register of complaints, of non-conforming detergents and surfactants and recalls of such detergents and surfactants, and shall keep distributors informed of any such monitoring.
2023/11/16
Committee: IMCO
Amendment 153 #

2023/0124(COD)

Proposal for a regulation
Article 9 – paragraph 7 a (new)
7 a. Importers shall verify whether the communication channels referred to in Article 7 (4 a new) are publicly available to consumers, thereby allowing them to present complaints and communicate any accident or safety issue they have experienced with the detergent. If such channels are not available, importers shall provide for them, taking into account accessibility needs for persons with disabilities.
2023/11/16
Committee: IMCO
Amendment 154 #

2023/0124(COD)

Proposal for a regulation
Article 9 – paragraph 7 b (new)
7 b. Importers shall investigate complaints submitted, and information received on accidents, that concern the safety of detergents or surfactants they made available on the market, which the complainant has alleged to be dangerous, and file those complaints, as well as detergent recalls and any corrective measures taken to bring the detergent into conformity, in the register referred to in Article 7 (4 b new), or in their own internal register. Importers shall keep the manufacturer, distributors, and, where relevant, fulfilment service providers and providers of online marketplaces informed in a timely manner of the investigation performed and of the results of the investigation.
2023/11/16
Committee: IMCO
Amendment 155 #

2023/0124(COD)

Proposal for a regulation
Article 9 – paragraph 7 c (new)
7 c. The register of complaints shall only store those personal data that are necessary for the importer to investigate the complaint about an alleged dangerous detergent or surfactant. Such data shall only be kept for as long as is necessary for the purposes of the investigation and in any event no longer than five years after the data have been entered.
2023/11/16
Committee: IMCO
Amendment 156 #

2023/0124(COD)

Proposal for a regulation
Article 9 – paragraph 8 a (new)
8 a. Importers shall ensure that all relevant economic operators and providers of online marketplaces in the supply chain concerned are kept informed in a timely manner of any conformity issue or risk to the health or the environment that they have identified, and of any corrective action, recall or withdrawal.
2023/11/16
Committee: IMCO
Amendment 157 #

2023/0124(COD)

Proposal for a regulation
Article 9 – paragraph 9
9. Importers shall keep the reference to the unique product identifier at the disposal of the market surveillance authorities for a period of at least 10 years after the last time the detergent or surfactant has been placed on the market and shall ensure that the technical documentation can be made available to those authorities, upon request.
2023/11/16
Committee: IMCO
Amendment 160 #

2023/0124(COD)

Proposal for a regulation
Article 9 – paragraph 10
10. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic format and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by a detergent or surfactant which they have placed on the market.
2023/11/16
Committee: IMCO
Amendment 162 #

2023/0124(COD)

Proposal for a regulation
Article 10 – paragraph 6
6. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation, in paper or electronic format and, on request, in paper format, necessary to demonstrate the conformity of the detergent or surfactant with this Regulation. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by detergents and surfactants which they have made available on the market.
2023/11/16
Committee: IMCO
Amendment 164 #

2023/0124(COD)

Proposal for a regulation
Article 11 – paragraph 1
An importer or distributor natural or legal person shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Article 7 where that importer or distributornatural or legal person places a detergent or surfactant on the market under his or her name or trademark or modifies a detergent or surfactant already placed on the market in such a way that compliance with this Regulation may be affected.
2023/11/16
Committee: IMCO
Amendment 173 #

2023/0124(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) the information on the digital label shall be easily and directly accessible to all users in the Union;
2023/11/16
Committee: IMCO
Amendment 174 #

2023/0124(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point e
(e) the information on the digital label shall be presented in a waylanguage and a format that addresses the needs of vulnerable groups, including persons with disabilities, and supports, as relevant, the necessary adaptations to facilitate access to the information by those groups;
2023/11/16
Committee: IMCO
Amendment 175 #

2023/0124(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point h
(h) the digital label shall remain available until the expiry date of the detergent or surfactant, or, if the detergent or surfactant does not have an expiry date, for a for a period of 10 years from the moment the detergent or surfactant is placed on the market, also in cases of an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created it, or for a longer period as required under other Union legislation covering the information that it contains;
2023/11/16
Committee: IMCO
Amendment 178 #

2023/0124(COD)

Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
The data carrier shall be physically present on the detergent or surfactant, their packaging or the documentation accompanying them or the leaflet in a way that allows it to be processed automatically by digital devices.
2023/11/16
Committee: IMCO
Amendment 181 #

2023/0124(COD)

Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 3
The data carrier shall be clearly visible legible, accessible, easily understandable to the end-user before any purchase and to market surveillance authorities, including, where applicable, in cases where the detergent or surfactant is made available through distance sales.
2023/11/16
Committee: IMCO
Amendment 193 #

2023/0124(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point f
(f) it shall be accessible to customers, end-users, market surveillance authorities, customs authorities, civil society organisations, researchers, trade unions, the Commission and other economic operators;
2023/11/16
Committee: IMCO
Amendment 196 #

2023/0124(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point g
(g) it shall be available for a period of at least 10 years after the last time the detergent or surfactant is placed on the market, also in cases of an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the product passport;
2023/11/16
Committee: IMCO
Amendment 197 #

2023/0124(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point g a (new)
(g a) it shall be based on open standards, developed with an inter- operable format and shall be machine- readable, structured, searchable, and shall be transferable through an open interoperable data exchange network without vendor lock-in, in accordance with the essential requirements set out in the Ecodesign Regulation;
2023/11/16
Committee: IMCO
Amendment 198 #

2023/0124(COD)

Proposal for a regulation
Article 18 – paragraph 2 – point h a (new)
(h a) it shall facilitate the verification of detergent or surfactant compliance by competent national authorities;
2023/11/16
Committee: IMCO
Amendment 203 #

2023/0124(COD)

Proposal for a regulation
Article 18 – paragraph 9 – subparagraph 1 – point d
(d) the actors that shall have access to information in the product passport and to what information they shall have access and the actors that may introduce or update the information in the product passport, including where needed the creation of a new product passport, including manufacturers and other relevant economic operators, competent national authorities, and the Commission, or any organisation acting on their behalf, and the types of information they may introduce or update;
2023/11/16
Committee: IMCO
Amendment 205 #

2023/0124(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point c
(c) end-users, economic operators and other relevant actors shall have easy access to the product passport free of charge and without restricting access to existing users;
2023/11/16
Committee: IMCO
Amendment 206 #

2023/0124(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point c a (new)
(c a) product passports shall be designed and operated so that they are user-friendly;
2023/11/16
Committee: IMCO
Amendment 208 #

2023/0124(COD)

Proposal for a regulation
Article 22 – paragraph 3
3. Where, in the course of the controls referred to in paragraph 1 or paragraph 2, the market surveillance authorities find that the detergent or surfactant does not comply with the requirements laid down in this Regulation, they shall without delay require the relevant economic operators to take all appropriate corrective action to bring the detergent or surfactant into compliance with those requirements, to withdraw it from the market, or to recall it within a reasonable period which is prescribed by the market surveillance authorities and commensurate with the nature of the risk referred to in paragraph 1.
2023/11/16
Committee: IMCO
Amendment 211 #

2023/0124(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. Where, having carried out an evaluation under Article 22(1), a market surveillance authority finds that although a detergent or surfactant is in compliance with this Regulation, it presents a risk to health or to the environment, it shall require the relevant economic operator to take all appropriate measures to ensure that the detergent or surfactant concerned, when placed on the market, no longer presents that risk, to withdraw the detergent or surfactant from the market or to recall it, within a reasonable period which is prescribed by the market surveillance authorities and commensurate with the nature of that risk.
2023/11/16
Committee: IMCO
Amendment 212 #

2023/0124(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
1 a. On duly justified imperative grounds of urgency relating to the protection of health or the environment, the Commission shall adopt an immediately applicable implementing act in accordance with the procedure referred to in Article 28 (2 a new).
2023/11/16
Committee: IMCO
Amendment 214 #

2023/0124(COD)

Proposal for a regulation
Article 28 – paragraph 2 a (new)
2 a. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
2023/11/16
Committee: IMCO
Amendment 59 #

2023/0085(COD)

Proposal for a directive
Recital 5
(5) Detailed Union rules on substantiation of explicit environmental claims, applicable to companies operating on the Union market in business to consumer communication, will contribute to the green transition towards a circular, climate-neutral and clean economy in the Union, that respects the planetary boundaries, by enabling consumers to take informed purchasing decisions, and will help create a level-playing field for market operators making such claims while promoting sustainable consumption.
2023/11/14
Committee: ENVIIMCO
Amendment 62 #

2023/0085(COD)

Proposal for a directive
Recital 8
(8) The specific needs of individual economic sectors should be recognised and this Directive should therefore apply to voluntary explicit environmental claims and environmental labelling schemes that are not regulated by any other Union act as regards their substantiation or communication, or verification. This Directive should therefore not apply to explicit environmental claims for which the Union legislation lays down specific and at least as strict rules, including on methodological frameworks, assessment or accounting rules related to measuring and calculating environmental impacts, environmental aspects or environmental performance of products or traders, or providing mandatory and non- mandatory information to consumers on the environmental performance of products and traders or sustainability information involving messages or representations that may be either mandatory or voluntary pursuant to the Union rules. Where Union legislation does not provide an equivalent level of protection with respect to the substantiation, communication, and verification of explicit environmental claims, this Directive should apply.
2023/11/14
Committee: ENVIIMCO
Amendment 69 #

2023/0085(COD)

Proposal for a directive
Recital 13
(13) In case future Union legislation lays down rules on environmental claims, environmental labels, or on the assessment or communication of environmental impacts, environmental aspects or environmental performance of certain products or traders in specific sectors, for example the announced “Count Emissions EU”, the forthcoming Commission proposal on a legislative framework for a Union sustainable food system, the Eco-design for Sustainable Products Regulation77 or Regulation (EU) No 1007/2011 of the European Parliament and of the Council78 , those rules should be applied to the explicit environmental claims in question instead of the rules set out in this Directive. _________________ 77 COM(2022) 132 final 78 Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile fibre names and related labelling and marking of the fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council (OJ L 272, 18.10.2011, p. 1).deleted
2023/11/14
Committee: ENVIIMCO
Amendment 75 #

2023/0085(COD)

Proposal for a directive
Recital 15
(15) In order to ensure that consumers are provided with reliable, comparable and verifiable information which enables them to make more environmentally sustainable decisions and to reduce the risk of ‘greenwashing, it is necessary to establish requirements for substantiation of explicit environmental claims. Such substantiation should take into account robust and independent internationally recognised scientific approaches to identifying and measuring environmental impacts, environmental aspects and environmental performance of products or traders, and it should result in reliable, transparent, comparable and verifiable information to the consumer.
2023/11/14
Committee: ENVIIMCO
Amendment 81 #

2023/0085(COD)

Proposal for a directive
Recital 16
(16) The assessment made to substantiate explicit environmental claims needs to consider the life-cycle of the product or of the overall activities of the trader and should consider multiple environmental impacts and should not omit any relevant environmental aspects or environmental impacts. The benefits claimed should not result in an unjustified transfer of negative impacts to other stages of the life cycle of a product or trader, or to the creation or increase of other negative environmental impacts.
2023/11/14
Committee: ENVIIMCO
Amendment 82 #

2023/0085(COD)

Proposal for a directive
Recital 17
(17) The assessment substantiating the explicit environmental claim should make it possible to identifymonstrate the environmental impacts and environmental aspects for the product or trader that jointly contribute significantly to the overall environmental performance of the product or trader (‘relevant environmental impacts’ and ‘relevant environmental aspects’). Indications for the relevance of the environmental impacts and environmental aspects can stem from assessments taking into account the life-cycle, including from the studies based on Environmental Footprint (EF) methods, provided that these are complete on the impacts relevant to the product category and do not omit any important environmental impacts. For example, in the Commission Recommendation on the use of Environmental Footprint methods79 the most relevant impact categories identified should together contribute to at least 80% of the single overall score. These indications for the relevance of the environmental impacts or environmental aspects can also result from the criteria set in various ecolabels type I, as for instance the EU Ecolabel, or in Union criteria for green public procurement, from requirements set by the Taxonomy Regulation80 , from product specific rules adopted under the Regulation …./…. of the European Parliament and of the Council establishing a framework for setting ecodesign requirements for sustainable products81 or from other relevant Union rules. _________________ 79 Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations, OJ L 471, 30.12.2021, p. 1. 80 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13). 81 […]
2023/11/14
Committee: ENVIIMCO
Amendment 84 #

2023/0085(COD)

Proposal for a directive
Recital 18
(18) In line with Directive 2005/29/EC as amended by the proposal for a Directive on empowering consumers for the green transition, the trader should not present requirements imposed by law on products within a given product category as a distinctive feature of the trader’s offer or advertise benefits for consumers that are considered as common practice in the relevant market. The information used to substantiate explicit environmental claims should therefore make it possible to identify the product’s or trader’s environmental performance in comparison to the common practice for products in the respective product group, such as food, or in the respective sector. This is necessary to underpin the assessment whether the explicit environmental claims can be made with regard to a given product or trader in line with the function of an environmental claim, which is to demonstrate that a product or trader has a positive impact or no impact on the environment, or that a product or a trader is less damaging to the environment than other products or traders. The common practice could be equivalent to the minimum legal requirements that are applicable to the specific environmental aspect or environmental performance, for example as regards product composition, mandatory recycled content or end-of-life treatment. However, in case majority of products within the product group or majority of traders within the sector perform better than those legal requirements, the minimum legal requirements should not be considered as common practice.
2023/11/14
Committee: ENVIIMCO
Amendment 89 #

2023/0085(COD)

Proposal for a directive
Recital 19
(19) It would be misleading to consumers if an explicit environmental claim pointed to the benefits in terms of environmental impacts or environmental aspects while omitting that the achievement of those benefits leads to negative trade-offs on other environmental impacts or environmental aspects. To this end the information used to substantiate explicit environmental claims should ensure that the interlinkages between the relevant environmental impacts and between environmental aspects and environmental impacts can be identified along with potential trade-offs. The assessment used to substantiate explicit environmental claims should identify ifmonstrate that improvements on environmental impacts or environmental aspects do not lead to the kind of trade-offs that significantly worsen the performance as regards other environmental impacts or environmental aspects, for example if savings in water consumption lead to a notable increase in greenhouse gas emissions, or in the same environmental impact in another life-cycle stage of the product, for example CO2 savings in the stage of manufacturing leading to a notable increase of CO2 emissions in the use phase. For example, a claim on positive impacts from efficient use of resources in intensive agricultural practices may mislead consumers due to trade-offs linked to impacts on biodiversity, ecosystems or animal welfare. An environmental claim on textiles containing plastic polymer from recycled PET bottles may also mislead consumers as to the environmental benefit of that aspect if the use of this recycled polymer competes with the closed-loop recycling system for food contact materials which is considered more beneficial from the perspective of circularity.
2023/11/14
Committee: ENVIIMCO
Amendment 93 #

2023/0085(COD)

Proposal for a directive
Recital 20
(20) In order for the environmental claim to be considered robust, it should reflect as accurately as possible the environmental performance of the specific product or trader. The information used to substantiate explicit environmental claims therefore needs to include primary, company-specific data for relevant aspects contributing significantly to the environmental performance of the product or trader referred to in the claim. It is necessary to strike the right balance between ensuring relevant and robust information for substantiating environmental claims and the efforts needed to gather primary information. The requirement to use primary information should be considered in the light of the influence the trader making the claim has over the respective process and of the availability of primary information. If the process is not run by the trader making the claim and primary information is not available, accurate secondary information should be able to be used even for processes that contribute significantly to the environmental performance of the product or traderbe complemented, where necessary, by additional accurate secondary information. This is especially relevant to not disadvantage SMEs and to keep the efforts needed to acquire primary data at a proportionate level. Moreover, the relevant environmental aspects are different for each type of environmental claim. For instance, for claims on recycled or bio- based content, the composition of the product should be covered by primary data. For claims on being environmentally less polluting in a certain life cycle stage, information on emissions and environmental impacts related to that life cycle stage should include primary data as well. Both primary data and secondary data, i.e. average data, should show a high level of quality and accuracy.
2023/11/14
Committee: ENVIIMCO
Amendment 97 #

2023/0085(COD)

Proposal for a directive
Recital 21
(21) Climate-related claims have been shown to be particularly prone to being unclear and ambiguous and to mislead consumers, amounting to greenwashing and making them believe that the product or an activity has a reduced or no impact in terms of carbon footprint while this is not the case. This relates notably to environmental claims that products or entities are “climate neutral”, “carbon neutral”, “100% CO2 compensated”, or will be “net-zero” by a given year, or similar. Such statements are often, which try to apply global carbon neutrality at a company or product level, are scientifically invalid when they are based on “offsetting” of greenhouse gas emissions through “carbon credits” generated outside the company’s value chain, for example from forestry or renewable energy projects. The methodologies underpinning offsets vary widely and are not always transparent, accurate, or consistent. This leads to significant risks of overestimations and double counting of avoided or reduced emissions, due to a lack of additionality, permanence, ambitious and dynamic crediting baselines that depart from business as usual, and accurate accounting. These factors result in offset credits of low environmental integrity and credibility that mislead consumers when they are relied upon in explicit environmental claims. Offsetting can deter consumers from more sustainable products and traders, and can also deter traders from emissions reductions in their own operations and value chains. In order to adequately contribute to global climate change mitigation targets, traders should prioritiseimplement effective reductions of emissions across their own operations and value chains instead of relying on offsetsting. Any resulting residual emissions will vary by sector-specific pathway in line with the global climate targets and will have to be addressed through removals enhancemenhigh- durability carbon removals projects. WThen offsets are used nonetheless, it is deemed appropriate to addressrefore, the substantiation of climate- related claims, including claims on future environmental performance, based on offsets in a transparent manner. Therefore, the substantiation of climate-related claims should consider any greenhouse gas emissions offsets used by the traders separately from the trader’s or the product’s greenhouse gas emiss should relate solely to the life-cycle emissions, and not rely on carbon credits or other contributions to activities outside the product or trader value chain as an ‘offset’ for, or to compensate for, any greenhouse gas emissions or other environmental impact. Substantiation should also not rely on ‘offsetting’ emissions from inside the value chain (so-called ‘insetting’). Substantiation should consider any carbon credits or other contributions used by the traders separately as additional informations. In addition, this information should also specify the share of total emissions that are addressed through offsetting, whether these offsetwhether carbon credits or other contributions relate to emission or impact reductions or removals enhancementprojects, and the methodology applied. The claimate-related claims that include the use of offses that relate to carbon credits or other contributions to climate or environmental projects have to be substantiated by methodologies that ensure the integrity and correct accounting of these offsetcontributions and thus reflect coherently and transparently the resulting impact on the climate.
2023/11/14
Committee: ENVIIMCO
Amendment 100 #

2023/0085(COD)

Proposal for a directive
Recital 22
(22) Traders are more and more interested in making environmental claims related to future environmental performance of a product or trader, including by joining initiatives that are promoting practices which could be conducive to a reduced environmental impact or to more circularity. These claims should be substantiated in line with the rules applicable to all explicitIn order to facilitate consumers’ choices of more sustainable products and to incentivise efforts of traders to lower their environmental impacts, when the claim communicated relates to future environmental performance, it should as a priority be based on improvements, for example deep internal decarbonisation, inside a trader’s own operations and value chains rather than relying on the offsetting of greenhouse gas emissions or other environmental impacts. It is also required to indicate a baseline year for targets and allow for appropriate monitoring through concrete, realistic, implementable and public milestones so that consumers, stakeholders, and the trader itself, can monitor whether they are on track and what are the challenges. It is also essential that the trader considers collateral effects when evaluating how to reach a target, so that there is no unjustified transfer of environmental claimimpacts.
2023/11/14
Committee: ENVIIMCO
Amendment 102 #

2023/0085(COD)

Proposal for a directive
Recital 23
(23) The information used to substantiate explicit environmental claims should be science based, and any lack of consideration of certain environmental impacts or environmental aspects should be carefully considered. The methodology needs to be accessible to any third party in order to ensure transparency and integrity of assessments.
2023/11/14
Committee: ENVIIMCO
Amendment 105 #

2023/0085(COD)

Proposal for a directive
Recital 26
(26) Furthermore, there is not yet a reliable methodology for the assessment of life-cycle environmental impacts related to the release of microplastics. However, in case such release contributes to significant environmental impacts that are not subject to a claim, the trader making the claim on another aspect should not be allowed to ignore it, but should tmake into account available information and update the assessment once widely recognised scientific evidencthe claim only once widely recognised scientific evidence that meet the requirements of this Directive becomes available.
2023/11/14
Committee: ENVIIMCO
Amendment 107 #

2023/0085(COD)

Proposal for a directive
Recital 26 a (new)
(26 a) Widely recognised scientific evidence indicates that the assessment of a claim should be based on methodologies, approaches or studies that have been developed in line with best practices in terms of transparency and independently peer reviewed by the scientific community, published in scientific journals.
2023/11/14
Committee: ENVIIMCO
Amendment 111 #

2023/0085(COD)

Proposal for a directive
Recital 30
(30) While unfair commercial practices, including misleading environmental claims, are prohibited for all traders pursuant to Directive 2005/29/EC84 , an administrative burden linked to substantiation and verification of environmental claims on the smallest companies could be disproportionate and should be avoided. To this end, microenterprises should be exempted from the requirements on substantiation of Article 3 and 4 unless these enterprises wish to obtain a certificate of conformity of explicit environmental claims that will be recognised by the competent authorities across the Union. _________________ 84 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (Unfair Commercial Practices Directive) (OJ L 149, 11.6.2005, p. 22) as amended.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 120 #

2023/0085(COD)

(31) In order to meet both the needs of traders regarding dynamic marketing strategies and the needs of consumers regarding more detailed, and more accurate, environmental information, the Commission mayshould adopt delegated acts to supplement the provisions on substantiation of explicit environmental claims by further specifying the criteria for such substantiation with regard to certain claims (e.g. climate-related claims, including claims about offsets, “climate neutrality” or similar, recyclability and recycled content). The Commission should be empowered to further establish rules for measuring and calculating the environmental impacts, environmental aspects and environmental performance, by determining which activities, processes, materials, emissions or use of a product or trader contribute significantly or cannot contribute to the relevant environmental impacts and environmental aspects; by determining for which environmental aspects and environmental impacts primary information should be used; and by determining the criteria to assess the accuracy of primary and secondary information. While in most cases the Commission would consider the need for adopting these rules only after having the results of the monitoring of the evolution of environmental claims on the Union market, for some types of claims it may be necessary for the Commission to adopt supplementary rules before the results of this monitoring are available. For example, in case of climate-related claims it may be necessary to adopt such supplementary acts in order to operationalise the provisions on substantiation of claims based on offsets.
2023/11/14
Committee: ENVIIMCO
Amendment 130 #

2023/0085(COD)

Proposal for a directive
Recital 32 a (new)
(32 a) In order to ensure the integrity, impartiality and high quality of substantiation of environmental claims, and to ensure that the substantiation rules result in a higher understanding of environmental impacts by consumers, it is important that the requirements for substantiation are drafted with the active participation of a balanced set of stakeholders, especially including consumer organisations, environmental non-governmental organisations, operators of labelling schemes and competent bodies, in addition to the industry, including SMEs and craft industry, trade unions, traders, retailers, importers. For this purpose, the Commission should establish a consultation forum whose role will be to provide opinions on whether existing rules and methods are fit for substantiating specific environmental claims, and provide recommendations on the revision or the development of new delegated acts. The forum should also be actively involved in the drafting of such acts, including those addressing the Environmental Footprint method and related category rules.
2023/11/14
Committee: ENVIIMCO
Amendment 132 #

2023/0085(COD)

Proposal for a directive
Recital 34
(34) Where the explicit environmental claim concerns a final product and relevant environmental impacts or environmental aspects of such product occur at the use phase or at the end of life and consumers can influence such environmental impacts or environmental aspects via appropriate behaviour, such as, for example, correct waste sorting or impacts of use patterns on product’s longevity, the claim should also include information explaining to consumers how their behaviour can positively contribute to the protection of the environment.
2023/11/14
Committee: ENVIIMCO
Amendment 133 #

2023/0085(COD)

Proposal for a directive
Recital 35
(35) In order to facilitate consumers’ choices of more sustainable products and to incentivise efforts of traders to lower their environmental impacts, when the claim communicated relates to future environmental performance, it should as a priority be based on improvements inside trader’s own operations and value chains rather than relying on offsetting of greenhouse has emissions or other environmental impacts.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 137 #

2023/0085(COD)

Proposal for a directive
Recital 37
(37) In order to avoid potential disproportionate impacts on the microenterprises, the smallest companies should be exempted from the requirements of Article 5 linked to information on the substantiation of explicit environmental claims unless these enterprises wish to obtain a certificate of conformity of explicit environmental claim that will be recognised by the competent authorities across the Union.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 142 #

2023/0085(COD)

Proposal for a directive
Recital 41
(41) The environmental labels often aim at providing consumers with an aggregated scoring presenting a cumulative environmental impact of products or traders to allow for direct comparisons between products or traders. Such aggregated scoring however presents risks of misleading consumers as the aggregated indicator may dilute negative environmental impacts of certain aspects of the product with more positive environmental impacts of other aspects of the product. In addition, when developed by different operators, such labels usually differ in terms of specific methodology underlying the aggregated score such as the environmental impacts considered or the weighting attributed to these environmental impacts. This may result in the same product receiving different score or rating depending on the scheme. This concern arises in relation to schemes established in the Union and in third countries. This is contributing to the fragmentation of the internal market, risks putting smaller companies at a disadvantage, and is likely to further mislead consumers and undermine their trust in environmental labels. In order to avoid this risk and ensure better harmonisation within the single market, the explicit environmental claims, including environmental labels, based on an aggregated score representing a cumulative environmental impact of products or traders should not be deemed to be sufficiently substantiated, unless those aggregated scores stem from Union rules, includmeet minimum requirements ensuring the drelegated acts that the Commission is empowered to adopt under this Directive, resulting in Union-wide harmonised schemes for all products or per specific product group based on a single methodology to ensure coherence and comparabilityiability of the underlying environmental labelling schemes, with respect to their assessment methodologies and governance.
2023/11/14
Committee: ENVIIMCO
Amendment 146 #

2023/0085(COD)

Proposal for a directive
Recital 44
(44) In order to avoid further proliferation of national or regional officially recognised EN ISO 14024 type I environmental labelling (‘ecolabelling’) schemes, and other environmental labelling schemes, and to ensure more harmonisation in the internal market, new national or regional environmental labelling schemes should be developed only under the Union law. Nevertheless, Member States can request the Commission to consider developing public labelling schemes at the Union level for product groups or sectors where such labels do not yet exist in Union law and where harmonisation would bring added value to achieve the sustainability and internal market objectives in an efficient manner.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 157 #

2023/0085(COD)

Proposal for a directive
Recital 49
(49) It is essential that explicit environmental claims reflect correctly the environmental performance and environmental impacts covered by the claim, and consider the latest scientific evidence. Member States should therefore ensure that the trader making the claim reviews and updates the substantiation and communication of the claims at least every 53 years to ensure compliance with the requirements of this Directive
2023/11/14
Committee: ENVIIMCO
Amendment 160 #

2023/0085(COD)

Proposal for a directive
Recital 52
(52) In order to provide traders with legal certainty across the internal market as regards compliance of the explicit environmental claims with the requirements of this Directive, the certificate of conformity should be recognised by the competent authorities across the Union. Microenterprises should be allowed to request such certificate if they wish to certify their claims in line with the requirements of this Directive and benefit from the certificate’s recognition across the Union. The certificate of conformity should however not prejudge the assessment of the environmental claim by the public authorities or courts which enforce Directive 2005/29/EC.
2023/11/14
Committee: ENVIIMCO
Amendment 164 #

2023/0085(COD)

Proposal for a directive
Recital 54
(54) SMicro, small and medium-sized enterprises (SMEs) should be able to benefit from the opportunities provided by the market for more sustainable products but they could face proportionately higher costs and difficulties with some of the requirements on substantiation and verification of explicit environmental claims. The Member States should provide adequate information and raise awareness of the ways to comply with the requirements of this Directive, ensure targeted and specialised training, and provide specific assistance and support, including financial, to SMEs wishing to make explicit environmental claims on their products or as regards their activities. Member States actions should be taken in respect of applicable State aid rules. In addition, and to ensure micro, small and medium-sized enterprises do not face disproportionately higher costs and difficulties with respect to the requirements of this Directive, Member States should establish solidarity mechanisms through which large enterprises support micro, small and medium-sized enterprises financially where they wish to make explicit environmental claims with regard to their products or activities.
2023/11/14
Committee: ENVIIMCO
Amendment 171 #

2023/0085(COD)

Proposal for a directive
Recital 56
(56) In order to ensure that the objectives of this Directive are achieved and the requirements are enforced effectively, Member States should designate their own competent authorities responsible for the application and enforcement of this Directive. However, in view of the close complementarity of Articles 5 and 6 of this Directive with the provisions of Directive 2005/29/EC, Member States should also be allowed to designate for their enforcement the same competent authorities as those responsible for the enforcement of Directive 2005/29/EC. For the sake of consistency, when Member States make that choice, they should be able to rely on the means and powers of enforcement that they have established in accordance with Article 11 of Directive 2005/29/EC, in derogation from to complement the rules on enforcement laid down in this Directive. In cases where there is more than one designated competent authority in their territory and to ensure effective exercise of the duties of the competent authorities, Member State should ensure a close cooperation between all designated competent authorities.
2023/11/14
Committee: ENVIIMCO
Amendment 176 #

2023/0085(COD)

Proposal for a directive
Recital 67
(67) Where based on the results of the monitoring and evaluation of this Directive the Commission finds it appropriate to propose a review of this Directive, the feasibility and appropriateness of further provisions on mandating the use of common method for substantiation of explicit environmental claims, the extension of prohibition of environmental claims for products containing hazardous substances except where their use is considered essential for the society, or further harmonisation as regards requirements on the substantiation of specific environmental claims on environmental aspects or environmental impacts should also be considered.
2023/11/14
Committee: ENVIIMCO
Amendment 179 #

2023/0085(COD)

Proposal for a directive
Recital 68
(68) The use of the most harmful substances should ultimately be phased-out in the Union to avoid and prevent significant harm to human health and the environment, in particular their use in consumer products. Regulation (EC) 1272/2008 of the European Parliament and of the Council90 prohibits the labelling of mixtures and substances that contain hazardous chemicals as ‘non- toxic’, ‘non-harmful’, ‘non-polluting’, ‘ecological’ or any other statements indicating that the substance or mixture is not hazardous or statements that are inconsistent with the classification of thatas committed in the Chemicals Strategy for Sustainability. For products containing such substances, environmental claims should not be made. Where the use of a substance for mixture. Member States are required to ensure that such obligation is fulfilled. As committed in the Chemicals Strategy for Sustainability the Commission will define criteria for essential uses to guide its application across relevant Union legislation. . _________________ 90 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging ofthat product has been proven to be essential for society, the product containing the substance may be eligible for environmental claims during the transition to safe and substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1)inable alternatives in line with the criteria developed by the Commission.
2023/11/14
Committee: ENVIIMCO
Amendment 182 #

2023/0085(COD)

Proposal for a directive
Article 1 – title
Subject Matter and scope
2023/11/14
Committee: ENVIIMCO
Amendment 183 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph -1 (new)
-1. The purpose of this Directive is to provide for a high level of consumer and environmental protection, aiming for sustainable production and consumption within planetary boundaries, while contributing to the proper functioning of the internal market, by approximating the laws, regulations and administrative provisions of the Member States related to environmental claims made on or with reference to products made available on the market or to traders making available products on the market.
2023/11/14
Committee: ENVIIMCO
Amendment 193 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 – introductory part
2. This Directive does not apply to environmental labelling schemes or to explicit environmental claims regulated by or, substantiated byand verified pursuant to at least as strict rules established in:
2023/11/14
Committee: ENVIIMCO
Amendment 219 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 – point p
(p) other existing or future Union rules setting out the conditions under which certain explicit environmental claims about certain products or traders may be or are to be made or Union rules laying down requirements on the assessment or communication of environmental impacts, environmental aspects or environmental performance of certain products or traders or conditions for environmental labelling schemes.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 225 #

2023/0085(COD)

Proposal for a directive
Article 1 – paragraph 2 a (new)
2 a. By way of derogation from the second paragraph of this article, this Directive continues to apply if the legislation listed in points (a) to (o) of paragraph 2 does not provide an equivalent level of protection with respect to the substantiation, communication, verification and enforcement of this Directive. Within one year after entry into force of this Directive the Commission shall adopt a delegated act in accordance with Article 18 establishing a list of environmental claims which are either fully excluded from the scope or for which only specific articles will apply. The list should be updated as needed, when new legislation is adopted or when Union law referred to in paragraph 2 is revised.
2023/11/14
Committee: ENVIIMCO
Amendment 254 #

2023/0085(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 8
(8) ‘environmental label’ means a sustainability label covering onlye or predominantlymore environmental aspects of a product, a process or a trader;
2023/11/14
Committee: ENVIIMCO
Amendment 257 #

2023/0085(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 12
(12) ‘value chain’ means all activities and processes that are part of the life cycle of a product or activity of a trader, including remanufacturing, reuse, recycling and end-of-life;
2023/11/14
Committee: ENVIIMCO
Amendment 259 #

2023/0085(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 13
(13) ‘life cycle’ means the consecutive and interlinked stages of a product’s life, consisting of raw material acquisition or generation from natural resources, pre- processing, manufacturing, storage, transport, distribution, installation, use, maintenance, repair, upgrading, refurbishment as well as re-use, and end- of-life;
2023/11/14
Committee: ENVIIMCO
Amendment 276 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that traders carry out an assessment to substantiate explicit environmental claims taking into consideration the form in which they will be displayed. This assessment shall:
2023/11/14
Committee: ENVIIMCO
Amendment 279 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point a
(a) specify if the claim is related to the whole product, part of a product or certain aspects of a product, or part of the life- cycle of a product, or to all activities of a trader or a certain part or aspect of these activities, as relevant to the claim;
2023/11/14
Committee: ENVIIMCO
Amendment 287 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point b
(b) rely on robust, widely recognised, verifiable and independent scientific evidence, use accurate and complete information and take into account relevant international standarupdated scientific findings and methods;
2023/11/14
Committee: ENVIIMCO
Amendment 300 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c
(c) demonstrate that environmental impacts, environmental aspects or environmental performance that are subject to the claim are significant from a life- cycle perspective, and, for claims about a trader, consider the overall activities of the trader ;
2023/11/14
Committee: ENVIIMCO
Amendment 309 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point d
(d) where a claim is made on environmental performance, take into account all environmental aspects or environmental impacts that are subject to the claim which are significant to assessing the environmental performance, including environmental aspects or environmental impacts which are not addressed, or only to a limited extent, by life cycle assessment methods. At least the environmental impacts on climate change, resource consumption and circular economy, sustainable use and protection of water and marine resources, pollution, biodiversity, animal welfare and ecosystems shall be considered;
2023/11/14
Committee: ENVIIMCO
Amendment 334 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) identify whethermonstrate that improving environmental impacts, environmental aspects or environmental performance subject to the claim leads to significantdoes not lead to harm in relation to environmental impacts on climate change, resource consumption and circularity, sustainable use and protection of water and marine resources, pollution, biodiversity, animal welfare and ecosystems;
2023/11/14
Committee: ENVIIMCO
Amendment 339 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
(g a) not rely on any offsetting schemes, including ‘insetting’, to demonstrate the environmental impacts and performance of a product, aspects of a product, or of trader’s activities, or as an instrument to achieve the future environmental performance of a product, aspects of a product, or trader’s activities;
2023/11/14
Committee: ENVIIMCO
Amendment 342 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point h
(h) separate any greenhousbe transparent in the gas (h) emissions offsets used from greenhouse gas emissions as additionalsessment of environmental impacts and environmental inperformation, specify whether those offsets relate to emission reductions or removals, and describe how the offsets relied upon are of hince of products and traders’ activities, without hiding the real impacts or inducing that those are reduced or compensated through fintegrity and acancial counted for correctly to reflect the claimed impact on climateribution to external projects;
2023/11/14
Committee: ENVIIMCO
Amendment 354 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point i
(i) include primary information available to the trader for environmental impacts, environmental aspects or environmental performance, which are subject to the claim;
2023/11/14
Committee: ENVIIMCO
Amendment 363 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point j
(j) include relevant additional secondary information for environmental impacts, environmental aspects, or environmental performance which is representative of the specific value chain of the product or the trader on which a claim is made, in cases where no primary information is available.;
2023/11/14
Committee: ENVIIMCO
Amendment 371 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 1 – point j a (new)
(j a) ensure that the methodology used to substantiate the claim is accessible to any third party.
2023/11/14
Committee: ENVIIMCO
Amendment 377 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 3
3. The requirements set out in paragraphs 1 and 2 shall not apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC110 unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10. _________________ 110 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).deleted
2023/11/14
Committee: ENVIIMCO
Amendment 386 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 3 a (new)
3 a. Where the products contain substances meeting the criteria for the following hazard classes laid down in Annex I of Regulation (EC) 1272/2008, whether on their own, in mixtures or in an article, such products are not eligible for environmental claims, except where the use of the substance in that product is proven essential for the society in line with criteria developed by the Commission: (a) Carcinogenicity category 1A and 1B; (b) Germ cell mutagenicity category 1A and 1B; (c) Reproductive toxicity category 1A and 1B; (d) Endocrine disruptors category 1; (e) Persistent, bioaccumulative and toxic; (f) Very persistent, very bioaccumulative; (g) Persistent, mobile and toxic; (h) Very persistent, very mobile; (i) Respiratory sensitisation; (j) Specific target organ toxicity category 1.
2023/11/14
Committee: ENVIIMCO
Amendment 389 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 3 b (new)
3 b. The Commission shall adopt, without undue delay and in consultation with the forum established in accordance with Article 18a, delegated acts in accordance with Article 18 to supplement the requirements for substantiation of explicit environmental claims laid down in paragraph 1 based on existing Product Environmental Footprint Category Rules and Organisation Environmental Footprint Sectorial Rules where those Rules have been found to cover all environmental impacts or aspects relevant for a product category
2023/11/14
Committee: ENVIIMCO
Amendment 393 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 4 – introductory part
4. When the regular monitoring of the evolution of environmental claims referred to in Article 20 reveals differences in the application of the requirements laid down in paragraph 1 for specific claims and such differences create obstacles for the functioning of the internal market, or where the Commission identifies that the absence of requirements for specific claims leads to widespread misleading of consumers, the Commission mayshall adopt delegated acts in accordance with Article 18 to supplement the requirements for substantiation of explicit environmental claims laid down in paragraph 1 by:
2023/11/14
Committee: ENVIIMCO
Amendment 394 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 4 – point -a (new)
(-a) determining the relevant environmental impacts that shall be covered by the substantiation; they can be the environmental impact categories covered by the Environmental Footprint methods, durability, reusability, reparability, recyclability, recycled content, use of natural content, including fibers, environmental performance or sustainability, bio-based elements, biodegradability, biodiversity, waste prevention and reduction
2023/11/14
Committee: ENVIIMCO
Amendment 396 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 4 – point b
(b) determining for which environmental aspects or environmental impacts primary information shall be provided and determining criteria based on which the accuracy of the primary information and secondary information can be assessed; or
2023/11/14
Committee: ENVIIMCO
Amendment 407 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 5 – point c a (new)
(c a) existing Product Environmental Footprint Category Rules and Organisation Environmental Footprint Sectorial Rules and the need to adapt them to the requirements referred to in this Directive;
2023/11/14
Committee: ENVIIMCO
Amendment 408 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 5 – point d
(d) ease of access to information and data for the assessment and use of this information and data by micro and small and medium-sized enterprises (‘SMEs’).
2023/11/14
Committee: ENVIIMCO
Amendment 412 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 5 a (new)
5 a. Where there is no recognised scientific method or insufficient evidence to assess environmental impacts and aspects, the exclusion of these impacts shall be transparent and efforts shall be made to develop methods and accumulate evidence to enable the assessment of the respective impact. Until the method meeting the requirements set out in the first paragraph is developed, the claims referring to such environmental impacts shall not be made.
2023/11/14
Committee: ENVIIMCO
Amendment 414 #

2023/0085(COD)

Proposal for a directive
Article 3 – paragraph 5 b (new)
5 b. Within one year after entry into force of this Directive, the Commission shall present a working plan, covering a period of at least 3 years, with a prioritisation of specific claims for which the absence of clear requirements for their substantiation and communication might lead to misleading claims and necessitates the development of further requirements through delegated acts, in accordance with Article 18 and 18a (‘Consultation forum’). The work plan shall be revised and updated on a regular basis and at least every three years to take account of the regular monitoring of environmental claims referred to in Article 20. The first working plan shall be complemented by an assessment of the compliance and equivalence of environmental labelling schemes and explicit environmental claims referred to in Article 1(2) with obligations established under this Directive. To this end, the Commission shall, by two years after entry into force of this Directive, submit a report to the European Parliament and to the Council, if appropriate, accompanied by legislative proposals.
2023/11/14
Committee: ENVIIMCO
Amendment 434 #

2023/0085(COD)

Proposal for a directive
Article 4 – paragraph 3
3. The requirements laid down in this Article shall not apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC111 unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10. _________________ 111 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).deleted
2023/11/14
Committee: ENVIIMCO
Amendment 439 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 1
1. Member States shall ensure that a trader, including online marketplaces, is required to communicate an explicit environmental claim in accordance with the requirements set out in this Article.
2023/11/14
Committee: ENVIIMCO
Amendment 443 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 2 a (new)
2 a. The requirements set out in paragraph 2 shall not apply to explicit environment claims based on specific requirements from a national or regional environmental label officially recognised in accordance with Article 11 of Regulation (EC) 66/2010, which have been verified and obtained a certificate of conformity according to Article 10(2). Such claims can be communicated without needing to be subject to additional verification in accordance with Article 10(1).
2023/11/14
Committee: ENVIIMCO
Amendment 444 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 3
3. Where the explicit environmental claim is related to a final product, and the use or end-of-life phase is among the most relevant life- cycle stages of that product, the claim shall include information on how the consumer should use the productor dispose of the product at the end-of-life in order to achieve the expected environmental performance of that product. That information shall be made clearly visible and available together with the claim.
2023/11/14
Committee: ENVIIMCO
Amendment 447 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 4
4. Where the explicit environmental claim is related to future environmental performance of a product or trader it shall include a time-bound commitment for improvements inside own operations and value chains. comply with the following requirements: (a) The claim shall be based on clear, objective, science-based, publicly available, verifiable and measurable commitments backed by the highest management level of the trader making the claim; (b) The claim shall be accompanied by detailed, realistic and publicly available implementation plan that include interim and time-bound targets to be achieved based on existing and technically viable technologies and appropriate budget allocation; (c) The claim shall include publicly available annual reporting on the achievement of the targets, including on non-achieved commitments; (d) Environmental claims communicating an improvement of the product’s or trader’s environmental performance on individual relevant environmental aspects shall include the reference year and the indicators reflecting performance in the baseline year and the year linked to the improvement set out in the claim; (e) The claims shall not include actions or targets already achieved; (f) The substantiation of environmental claims communicating improvement of the product’s or trader’s performance regarding specific environmental impacts shall explain how the improvement communicated affects other relevant environmental impacts for the product or the trader; (g) The implementation plan referred to in point (b) shall be regularly verified by an independent third-party expert, whose findings shall be made publicly available.
2023/11/14
Committee: ENVIIMCO
Amendment 460 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 5
5. Explicit environmental claims on the cumulative environmental impacts of a product or trader based on an aggregated indicator of environmental impacts can be made only owhen the basis of rules to calculate such aggregated indicator that are established in the Union lawy are based on environmental labels complying with Article 7.
2023/11/14
Committee: ENVIIMCO
Amendment 461 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 5 a (new)
5 a. Explicit environmental claims that are based on greenhouse gas emissions offsetting, and inducing that a product or a trader’s activity has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions shall be prohibited.
2023/11/14
Committee: ENVIIMCO
Amendment 463 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 5 b (new)
5 b. For environmental labels based on different levels of performance, the available performance classes shall be clearly provided in the same visual representation together with the level that the product, process or business has been awarded. Further information on the definition of classes shall be provided in accordance with paragraph 6.
2023/11/14
Committee: ENVIIMCO
Amendment 464 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 5 c (new)
5 c. Explicit environmental claims by highly polluting industries shall be accompanied by clear and prominent information to the consumer specifying that the industry and its products have an overall negative impact on the environment.
2023/11/14
Committee: ENVIIMCO
Amendment 480 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point c
(c) the underlying studies or calculations used to assess, measure and monitor the environmental impacts, environmental aspects or environmental performance covered by the claim, without omitting the results of such studies or calculations and, explanations of their scope, assumptions and limitations, unless the information is a trade secret in line with Article 2 paragraph 1 of Directive (EU) 2016/943112 ; _________________ 112 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).;
2023/11/14
Committee: ENVIIMCO
Amendment 487 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point f
(f) for climate-related explicit environmental claims that rely on greenhouse gas emission offsets, information to which extent they rely on offsets and whether these relate to emissions reductions or removals;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 500 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 7
7. The requirements set out in paragraphs 2, 3 and 6 shall not apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 506 #

2023/0085(COD)

Proposal for a directive
Article 5 – paragraph 8
8. Where the substantiation of certain environmental impacts, environmental aspects or environmental performance is subject to the rules established in delegated acts referred to in Article 3, paragraph 4(a) and paragraph 4(c), the Commission mayThe Commission shall adopt delegated acts in accordance with Article 18 to supplement the requirements for communication of explicit environmental claims set out in Article 5 by specifying further the information that can be or shall be communicated regarding such environmental impacts, environmental aspects or environmental performance, so as to make sure that the consumers are not misled.
2023/11/14
Committee: ENVIIMCO
Amendment 516 #

2023/0085(COD)

Proposal for a directive
Article 7 – paragraph 1 a (new)
1 a. Where a national or regional environmental label officially recognised in accordance with Article 11 of Regulation (EC) 66/2010 demonstrates that its assessment methodology is in accordance with Article 3, and makes use of a lifecycle approach and product specific requirements, assessed by independent laboratories, only the methodology of the label shall be subject to verification according to Article 10(2) and not the requirements and related testing for each individual product or service group covered by the label.
2023/11/14
Committee: ENVIIMCO
Amendment 520 #

2023/0085(COD)

Proposal for a directive
Article 7 – paragraph 2
2. Only environmental labels awarded under environmental labelling schemes established under Union lawcomplying with the requirements of the first paragraph and awarded under environmental labelling schemes that are based on scientific, independent and reproducible assessment methods and a lifecycle approach may present a rating or score of a product or trader based on an aggregated indicator of environmental impacts of a product or trader.
2023/11/14
Committee: ENVIIMCO
Amendment 528 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 2 – point a a (new)
(a a) the decision-making bodies of the environmental labelling scheme are free of conflicts of interest and are independent from traders using the label and consist of a diverse group of stakeholders, including environmental and consumer organisations;
2023/11/14
Committee: ENVIIMCO
Amendment 533 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 2 – point c
(c) the conditions for joining the environmental labelling schemes are proportionate to the size and turnover of the companies in order not to exclude micro, small and medium enterprises, including by setting reasonable and non- discriminatory fees;
2023/11/14
Committee: ENVIIMCO
Amendment 535 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 2 – point d
(d) the requirements for the environmental labelling scheme have been developed by experts that can ensure their scientific robustness and have been submitted for public and transparent consultation to a heterogeneous group of stakeholders free of conflict of interest and that has reviewed them and ensured their relevance from a societal perspective. The group of stakeholders shall ensure its independence from the environmental labelling scheme owner and shall be composed of representatives from academic institutions, consumer organisations, trade unions and environmental organisations;
2023/11/14
Committee: ENVIIMCO
Amendment 545 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 2 – point f a (new)
(f a) the environmental labelling scheme has a robust monitoring and evaluation system in place to regularly assess the performance and impacts of the requirements of the label and, where relevant, update the requirements in order to reflect technical developments and increase the level of environmental ambition.
2023/11/14
Committee: ENVIIMCO
Amendment 551 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
From [OP: Please insert the date = the date of transposition of this Directive] no new national or regional environmental labelling schemes shall be established by public authorities of the Member States. However, national or regional environmental labelling schemes established prior to that date may continue to award the environmental labels on the Union market, provided they meet the requirements of this Directive.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 558 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
From the date referred to in the first subparagraph, environmental labelling schemes may only be established under Union law.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 561 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 4
4. From [OP: Please insert the date = the date of transposition of this Directive] any new environmental labelling schemes established by public authorities of the Member States or in third countries awarding environmental labels to be used on the Union market, shall be subject to approval, without undue delay, by the Commission prior to entering the Union market with the aim of ensuring that these labels provide added value in terms of their environmental ambition including notably their coverage of environmental impacts, environmental aspects or environmental performance, or of a certain product group or sector, as compared to the existing Union, national or regional schemes referred to in paragraph 3, and meet the requirements of this Directive. Environmental labelling schemes established by public authorities of the Member State or in third countries prior to that date may continue to award the environmental labels which are to be used on the Union market, provided they meet the requirements of this Directive. National or regional labelling schemes established by public authorities shall be periodically evaluated by the Commission to ensure that they continue to offer added value in terms of their environmental ambition, and meet the requirements of this Directive.
2023/11/14
Committee: ENVIIMCO
Amendment 571 #

2023/0085(COD)

Member States shall ensure that environmental labelling schemes established by private operators after [OP: Please insert the date = the date of transposition of this Directive] are only approvedre only approved, without undue delay, if those schemes provide added value in terms of their environmental ambition, including notably their extent of coverage of environmental impacts, environmental aspects or environmental performance, or of a certain product group or sector and their ability to support the green transition of SMEs, as compared to the existing Union, national or regional schemes referred to in paragraph 34, and meet the requirements of this Directive.
2023/11/14
Committee: ENVIIMCO
Amendment 577 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
This procedure for approval of new environmental labelling schemes shall apply to schemes established by private operators in the Union and in third countries.
2023/11/14
Committee: ENVIIMCO
Amendment 579 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 5 – subparagraph 3
Member States shall notify the Commission when new private schemes are approved and submit the documents referred to in paragraph 6 to the Commission. Member States shall evaluate schemes established by private operators periodically to ensure that they continue to offer added value in terms of their environmental ambition, and meet the requirements of this Directive.
2023/11/14
Committee: ENVIIMCO
Amendment 585 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point c
(c) the evidence the scheme will provide added value as set out in in paragraph 4 for environmental labelling schemes established by public authorities of the Member States or in third countries, or in paragraph 5 for environmental labelling schemes established by private operators;
2023/11/14
Committee: ENVIIMCO
Amendment 591 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 7
7. The Commission shall publish and keep-up-to date a list of officially recognisedsearchable list of environmental labels that are allowed to be used on the Union market after [OP: Please insert the date = the date of transposition of this Directive] pursuant to paragraphs 3, 4 and 5, including the information provided in accordance with paragraph 6.
2023/11/14
Committee: ENVIIMCO
Amendment 597 #

2023/0085(COD)

Proposal for a directive
Article 8 – paragraph 8 – subparagraph 1 – introductory part
In order to ensure a uniform application across the Union, the Commission shall adopt implementingby [12 months from the date of entry into force of this Directive] adopt delegated acts to:
2023/11/14
Committee: ENVIIMCO
Amendment 610 #

2023/0085(COD)

Proposal for a directive
Article 9 – paragraph 1
Member States shall ensure that the information used for substantiation of explicit environmental claims is reviewed and updated by traders when there are circumstances that may affect the accuracy of a claim, and no later than 53 years from the date when the information referred to in Article 5(6) is provided. In the review, the trader shall revise the used underlying information to ensure that the requirements of Articles 3 and 4 are fully complied with.
2023/11/14
Committee: ENVIIMCO
Amendment 618 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 3
3. The verification and certification requirements shall apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC only if they so request.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 627 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 3 a (new)
3 a. Member States shall ensure that the cost of verification and certification is proportionate to the size and turnover of traders requesting verification and certification with a particular regard to micro, small and medium-sized enterprises.
2023/11/14
Committee: ENVIIMCO
Amendment 656 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 8
8. The certificate of conformity shall not prejudge the assessment and shall not be used as proof of compliance in relation tof the environmental claim by national authorities or courts in accordance with Directive 2005/29/EC.
2023/11/14
Committee: ENVIIMCO
Amendment 666 #

2023/0085(COD)

Proposal for a directive
Article 10 – paragraph 9 a (new)
9 a. Member States may introduce a transitional period of maximum 36 months after the date of entry into force of this Directive during which existing environmental claims, submitted for verification, can still be used.
2023/11/14
Committee: ENVIIMCO
Amendment 680 #

2023/0085(COD)

Proposal for a directive
Article 11 – paragraph 3 – point c a (new)
(c a) the verifier shall be critical in the assessment of explicit environmental claim and exercise sceptical attitude towards the claim questioning the underlying assumptions and being alert to conditions which may indicate possible misstatement due to error, negligence or fraud,
2023/11/14
Committee: ENVIIMCO
Amendment 694 #

2023/0085(COD)

Proposal for a directive
Article 11 – paragraph 3 a (new)
3 a. The Commission shall adopt delegated acts to specify the requirements for verifiers referred to in paragraph 3. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 18.
2023/11/14
Committee: ENVIIMCO
Amendment 698 #

2023/0085(COD)

Proposal for a directive
Article 12 – title
SMicro, small and medium sized enterprises
2023/11/14
Committee: ENVIIMCO
Amendment 709 #

2023/0085(COD)

Proposal for a directive
Article 12 – paragraph 1 a (new)
Member States shall establish solidarity mechanisms where large enterprises support micro, small and medium sized enterprises to ensure that the financial benefit of obtaining a certificate of conformity for an explicit environmental claim or for obtaining an environmental label is greater than the financial cost of substantiating the claim or obtaining the label.
2023/11/14
Committee: ENVIIMCO
Amendment 712 #

2023/0085(COD)

Proposal for a directive
Article 12 – paragraph 1 b (new)
Further support to micro, small and medium enterprises shall be granted within the framework of the “MFF Single Market Programme” as part of the eligible actions to support the Programme’s objectives referred to in Article 3(2)b of Regulation (EU)2021/690.
2023/11/14
Committee: ENVIIMCO
Amendment 716 #

2023/0085(COD)

Proposal for a directive
Article 13 – paragraph 2
2. For the purpose of the enforcement 2. of Articles 5 and 6, Member States may designate the national authorities or courts responsible for the enforcement of Directive 2005/29/EC. In that case, Member States may derogate from Articles 14 to, without prejudice to Articles 14, 15, 16 and 17 of this Directive and, shall apply the enforcement rules adopted in accordance with Articles 11 to 13 of Directive 2005/29/EC. and ensure consumers harmed by non-compliance with this Directive have access to proportionate and effective remedies in accordance with Article 11a of Directive 2005/29/EC.
2023/11/14
Committee: ENVIIMCO
Amendment 722 #

2023/0085(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Competent authorities of the Member States designated in accordance with Article 13 shall undertake regularannual and comprehensive checks of the explicit environmental claims made and the environmental labelling schemes applied, on the Union market. The reports detailing the result of those checks shall be made available to the public online.
2023/11/14
Committee: ENVIIMCO
Amendment 731 #

2023/0085(COD)

Proposal for a directive
Article 15 – paragraph 3 a (new)
3 a. Where the competent authorities of a Member State detect that verifiers have repeatedly issued certificates of conformity for explicit environmental claims that do not comply with the requirements laid down in this Directive, the verifier's accreditation shall be withdrawn without undue delay.
2023/11/14
Committee: ENVIIMCO
Amendment 734 #

2023/0085(COD)

Proposal for a directive
Article 16 – paragraph 1
1. Natural or legal persons or organisations regarded under Union or national law as having a legitimate interest shall be entitled to submit substantiated complaints to competent authorities when they deem, on the basis of objective circumstances, that a tradthat a one or more traders or a verifier is failing to comply with the provisions of this Directive.
2023/11/14
Committee: ENVIIMCO
Amendment 738 #

2023/0085(COD)

Proposal for a directive
Article 16 – paragraph 3
3. Competent authorities shall assess, without undue delay, impartially and diligently, the substantiated complaint referred to in paragraph 1 and, where necessary, take the necessary steps, including inspections and hearings of the ptraderson or organisaverifiers in question, with a view to verify those complaintsdetect potential breaches of the provisions of this Directive. If confirmed, the competent authorities shall take the necessary actions in accordance with Article 15.
2023/11/14
Committee: ENVIIMCO
Amendment 741 #

2023/0085(COD)

Proposal for a directive
Article 16 – paragraph 4
4. Competent authorities shall, as soon as possible and in any case within 30 days from receiving the substantiated concern and in accordance with the relevant provisions of national law, inform the person or organisation referred to in paragraph 1 that submitted the complaint of its decision to accede to or refuse the request for action put forward in the complaint and shall provide the reasons for it and a description of the further steps and measures it will take. Competent authorities shall allow for additional information to be provided by the person who has submitted the concern.
2023/11/14
Committee: ENVIIMCO
Amendment 784 #

2023/0085(COD)

Proposal for a directive
Article 18 a (new)
Article18a Consultation Forum 1. The Commission shall establish an expert group, referred to as the consultation forum (the ’forum’) consisting of a balanced participation of Member States representatives and all interested parties involved in the substantiation of explicit environmental claims and environmental labelling schemes, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations. The forum shall contribute to the development of requirements for the substantiation of explicit environmental claims and environmental labelling schemes. 2. The Commission shall consult the forum in the process of evaluating and updating requirements for the substantiation and communication of environmental claims in accordance with Article 3(4) and 5(8) of this Directive, including when specifying requirements under a delegated act. The forum shall in particular contribute to the preparation of requirements for assessment methods used to substantiate claims and rules for their communication, as well as to the evaluation of the effectiveness of the existing requirements, to ensure the reliability of green claims. 3. The forum shall also provide recommendations on the revision of the Working Plan as referred in Article 3(5b) of this Directive, as well as the revision of Union law referred to in Article 3(5b).
2023/11/14
Committee: ENVIIMCO
Amendment 790 #

2023/0085(COD)

Proposal for a directive
Article 21 – paragraph 2 – point e a (new)
(e a) unlocking opportunities for the circular and green economy. To this end, the report shall assess the appropriateness and feasibility of making the use of Environmental Footprint methods mandatory.
2023/11/14
Committee: ENVIIMCO
Amendment 815 #

2023/0085(COD)

Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
They shall apply those measures from [OP please insert the date = 2418 months after the date of entry into force of this Directive].
2023/11/14
Committee: ENVIIMCO
Amendment 19 #

2023/0079(COD)

Proposal for a regulation
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for defence and space applications, demand will increase exponentially in the coming decades if no measure is implemented to mitigate the growth and shield the EU from the rising gap between demand and suply at the global level. At the same time, the risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition. Furthermore, if not managed and mitigated properly, increased demand for critical raw materials could lead to negative environmental and social impacts, particularly for sectors that show a strong dependance on ecosystem services (such as agriculture, nature- based tourism and fisheries). In addition, the negative social and environmental impact of extractive industries risk to become more severe in the future, given the trend towards mining lower grade ores, which will lead to larger amounts of waste, as well as higher energy and water demands. Equally, as easily accessible reserves become depleted, exploration is moving to remote and often fragile areas, as is the case of deep-sea mining. Considering these trends, while it is necessary to take measures to ensure access to a secure and sustainable supply of critical raw materials to safeguard the Union's economic resilience and open strategic autonomy, greater resource efficiency and circularity need to be prioritised around the globe to reduce demand for virgin materials, as current trends of resource extraction and processing cause environmental impacts that would exceed the planetary boundaries.
2023/06/05
Committee: DEVE
Amendment 24 #

2023/0079(COD)

Proposal for a regulation
Recital 7
(7) For some raw materials, the Union is almost fully dependent on a single country for its supply. Such dependencies entail a high risk of supply disruptions. Likewise, while well-managed income from extractive resources presents opportunities for supporting inclusive development for resource-rich developing countries, yet extractive industry can be disruptive and lead to severe environmental degradation and disruption of social fabric, and in some cases, even unleashing political dynamics that result in the deterioration of governance and serious conflicts. To limit such potential risk and increase the Union’s economic resilience, efforts should be undertaken to ensure that, by 2030, it is not overly dependent on a single third country for more than 65% of its supply of any strategic raw material, unprocessed and at any stage of processing, giving however special consideration to countries with whom the Union has established a Strategic Partnership on raw materials giving rise to greater assurances regarding supply risks.
2023/06/05
Committee: DEVE
Amendment 25 #

2023/0079(COD)

Proposal for a regulation
Recital 10
(10) In order to diversify the Union's supply of strategic raw materials, the Commission should, with the support of the Board, identify Strategic Projects in third countries that intend to become active in the extraction, processing or recycling of strategic raw materials. To ensure that such Strategic Projects are effectively implemented, they should benefit from improved access to finance. In order to ensure their added value, projects should be assessed against a set of criteria, taking into account that for a majority of resource-rich developing countries, mining, oil or gas exploitation has not translated into broader-based economic, human and social development. Like projects in the Union, Strategic Projects in third countries should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented sustainably. For projects in emerging markets and developing economies, the project should be mutually beneficial for the Union and the third country involved and add value in that country, taking into account also its, in compliance with due diligence processes as defined by EU legislation and OECD Guidelines for Multinational Enterprises, addressing adverse impacts on human rights and environmental, rule of law and good governance, as well as the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, where land tenure rights are concerned. For projects in emerging markets and developing economies, the project should be mutually beneficial for the Union and the third country involved, taking into account that for mineral-rich developing countries, realising the full potential of the mining sector as a catalyst for sustainable development is fraught with many challenges, which includes among others: the finite nature of mineral deposits; the “enclave” nature of the extractive industry, with few links to the local economy; the volatility in commodity prices; limited national capacities, which leaves ill-equiped national administrations vulnerable to large multinational companies; corruption and conflicting stakeholders interests. A project should add value in that country, taking into account the principle of Policy Coherence for Development (PCD) as laid down in Article 208 TFEU and be consistencyt with the Union’s common commercial policy and WTO regime in the field of export taxes on commodities. Such value may be derived from the project’s contribution to more than one stage of the whole value chain, including raw material processing, as well as from creating through the project wider economic and social benefits, including the creation of employment in compliance with international standards, notably the core labour standards of the International Labour Organisation, as well as the right to the free, prior, and informed consent of Indigenous peoples and local communities, in line with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and ILO Convention 169 on Indigenous and Tribal Peoples. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
2023/06/05
Committee: DEVE
Amendment 33 #

2023/0079(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) The definition of mutually beneficial partnership with third countries entails, in particular for low-income resource-rich countries, to move away from the enclave nature and extractivist model of the mining sector and to provide developing countries with sufficient policy space to do so, including through the reform of the international trade and investment regime that constraints the use of the full range of policy instruments to achieve resource-based industrialisation at the local level.
2023/06/05
Committee: DEVE
Amendment 35 #

2023/0079(COD)

Proposal for a regulation
Recital 11
(11) In order to ensure the sustainability of increased raw material production, new raw materials projects should be implemented sustainably. To that end, taking into account that the impacts of mining can extend beyond the operations of the mine. This is particularly relevant for low- income resource-rich countries, notably concerning mine waste that are toxic in nature, and therefore disruptive for the environment, biodiversity services and associated livelihoods. Against this background, the potential impacts throughout the whole life cycle of a project, and for years beyond closure of the mine itself, need to be considered. Workers’ rights constitute another important issue to address in the extractive industry, taking into account that the denial of civil liberties, undue restrictions on the right to strike; interference by governments in the functioning of workers’organisations and restrictive legislation are common challenges in developing countries. In addition, special attention should be paid to the role of women in artisanal and small-scale mining and the adverse environmental and social impacts of mining that can disproportionately affect women. To these ends, the Strategic Projects receiving support under this Regulation should be assessed taking into account international instruments covering notably all aspects of sustainability highlighted in the EU principles for sustainable raw materials31[1], including ensuring environmental protection, including the protection of marine and coastal environment, good governance, socially responsible practices, including respect for human and social rights such as the rights of women, and transparent business practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with local communities, including with and indigenous peoples. To provide project promoters with a clear and efficient way of complying with this criterion,compliance with relevant Union legislation, international standards, guidelines andprinciples or participation in a certification scheme recognised under this Regulation should be considered sufficient. _________________ 31, in full compliance with the principles of Free, Prior and Informed Consent (FPIC). [1] European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, EU principles for sustainable raw materials, Publications Office, 2021, https://data.europa.eu/doi/10.2873/27875
2023/06/05
Committee: DEVE
Amendment 41 #

2023/0079(COD)

Proposal for a regulation
Recital 12
(12) Any promoter of a strategic raw materials project should be able to apply to the Commission for the recognition of their project as a Strategic Project. The application should include several documents and evidence related to the criteria. To better assess the social, environmental and economic viability, the feasibility of the project as well as the level of confidence in the estimates, the project promoter should also provide a classification of the project according to the United Nations Framework Classification for Resources, and to allow for objective validation, they should support this classification with relevant evidence. A timetable for the project should also be attached to an application, in order to estimate when the project would be able to contribute towards the benchmarks for domestic capacity or for diversification. As public acceptance of mining projects is crucial for their effective implementation, the promoter should also provide a plan containing measures to facilitate public accepensure public participation. This is also valid for projects in third countries, where the respect of the Free, Prior and Informed Consent (FPIC) of local communities and indigenous people is of primary importance. Special attention should be paid to social partners, civil society and other oversight actors. The promoter should also provide a business plan providing information regarding the project’s financial viability and giving an overview of funding and off- take agreements already secured as well as estimates for potential job creation and for the project’s needs in terms of skilled workforce, including upskilling and reskilling.
2023/06/05
Committee: DEVE
Amendment 43 #

2023/0079(COD)

Proposal for a regulation
Recital 14
(14) As the cooperation of the Member State on whose territory a Strategic Project will be implemented is necessary to ensure its effective implementation, that Member State should have the right to object to and thereby prevent that a project is granted the status of Strategic Project against its will. If it does so, the relevant Member State should provide a reasoned justification for its refusal referring to the applicable criteria. Similarly, the Union should not grant the status of Strategic Project to projects that will be implemented by a third country against the will of its government and should therefore refrain from doing so where a third country government objects, taking into account that environmental and social impacts are the main factors leading to a lack of public acceptance in the extractive sector.
2023/06/05
Committee: DEVE
Amendment 46 #

2023/0079(COD)

Proposal for a regulation
Recital 25
(25) Land use conflicts can create barriers toarise from the deployment of critical raw material projects, notably in developing countries, where forced eviction or relocation are common features of mining operations. This is a serious human rights violation, especially for indigenous people whose livelihoods are closely intertwined with the land and who derive much of their livelihoods from biodiversity services. Well-designed plans, including spatial plans and zoning, that take into account the potential for implementing critical raw material projects and whose potential environmental impacts are assessed, have the potential to help balance public goods and interests, decreasing the risk of conflict and accelerating the sustainable deployment of raw materials projects in the Union. Responsible national, regional and local authorities should therefore consider including provisions for raw materials projects when developing relevant plans.
2023/06/05
Committee: DEVE
Amendment 49 #

2023/0079(COD)

Proposal for a regulation
Recital 28
(28) Partnership of the key stakeholders in the extractive value chain entails to meet the twin goals of sustainable development for exporting countries and security of supply for importer countries. In order to overcome the limitations of the currently often fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, Member States and promotional banks should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. To that end, a dedicated sub- group of the Board bringing together experts from the Member States and the Commission as well as relevant public financial institutions should be set up. This sub-group should discuss the individual financing needs of Strategic Projects and their existing funding possibilities in order to provide project promoters with a suggestion on how to best access existing financing possibilities. When discussing and making recommendations for the financing of Strategic Projects in third countries, the Board should in particular take into account the Global Gateway strategy42 . _________________ 42 Joint Communication to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank The Global Gateway (JOIN/2021/30 final)[1], which should comply with the objectives and general principles set in NDICI - Global Europe regulation and the international guidelines and Conventions on investiment, including the UN Principles for Responsible Investment, the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, ILO conventions, international human rights law and the development effectiveness principles.
2023/06/05
Committee: DEVE
Amendment 60 #

2023/0079(COD)

Proposal for a regulation
Recital 50
(50) The production of critical raw materials at different stages of the value chain causes negative environmental impacts, whether on climate, air, sol, water, fauna or flora. It creates among others freshwater competition, especially for agriculture, and water contamination, which has severe and far-reaching impact on biodiversity and ecosystem services, notably fish habitats and populations located downstream of mines, incuding aquaculture and fisheries, and the marine environment, on which people depend for their livelihoods. This is particularly the case of marginalised and vulnerable people in developing countries, where the impacts of climate change, including increasing water scarcity, will only make matters worse. In order to limit such damage and incentivise the production of more sustainable critical raw materials, the Commission should be empowered to develop a system for the calculation of the environmental footprint of critical raw materials, including a verification process, to ensure that critical raw materials placed on the Union market publicly display information on such footprint. The system should be based on taking into account scientifically sound assessment methods and relevant international standards in the area of life cycle assessment. The requirement to declare the environmental footprint of a material should only apply where it has been concluded, based on a dedicated assessment, that it would contribute to the Union’s climate and environmental objectives by facilitating the procurement of critical raw materials with lower environmental footprint and would not disproportionately affect trade flows. When the relevant calculation methods have been adopted, the Commission should develop performance classes for critical raw materials, thereby allowing potential buyers to easily compare the relative environmental footprint of available materials and driving the market towards more sustainable materials. Sellers of critical raw materials should ensure that the environmental footprint declaration is available to their customers. Transparency on the relative footprint of critical raw materials placed on the Union market may also enable other policies at Union and national level, such as incentives or green public procurement criteria, fostering the production of critical raw materials with lower environmental impacts.
2023/06/05
Committee: DEVE
Amendment 63 #

2023/0079(COD)

Proposal for a regulation
Recital 53 a (new)
(53a) Agenda 2030 has given a new impetus to deliver improved livelihoods from extractive resources, provided that careful consideration is paid to the views and expectations of all the key actors in home and host countries, to reconcile issues of sustainable development and security of supply, such as the Africa Mining Vision and the EU Raw Materials Initiative. At the local level, inclusive business models should be implemented in which local communities participate in decision-making, their rights are protected and they benefit from extractive industries.
2023/06/05
Committee: DEVE
Amendment 64 #

2023/0079(COD)

Proposal for a regulation
Recital 54
(54) The Union has concluded Strategic Partnerships covering raw materials with third countries in order to implement the 2020 Action Plan on Critical Raw Materials. In order to diversify supply, these efforts should continue. Nevertheless, the Union should fully take into account that extractive industries in developing countries often operate in complex social environments surrounded by communities living in extreme poverty. In addition, mining can become a “threat multiplier” in third developing countries, notably in terms of serious human rights violations, especially if the State is weak and corrupt. To develop and ensure a coherent framework for the conclusion of future partnerships, the Member States and the Commission should, as part of their interaction on the Board and with full involvement of the European Parliament, discuss and ensure coordination on, inter alia, whether existing partnerships achieve the intended aims, the prioritisation of third countries for new partnerships, the content of such partnerships and their coherence and potential synergies between Member States' bilateral cooperation with relevant third countries. The Union should seek mutually beneficial partnerships with emerging market and developing economies notably in terms of rent extraction, getting a fair deal and share of profits, transparency, accountability, tackling illicit financial flows, improving regulation of the activities of trans- national corporations and financial regulation, in coherence with Agenda 2030 and its Global Gateway strategy, which should contribute to the diversification of its raw materials supply chain as well as add value in the production in these countries.
2023/06/05
Committee: DEVE
Amendment 74 #

2023/0079(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. The general objective of this Regulation is to improve the functioning of the internal market by establishing a framework to ensure the Union's access to a secure and sustainable supply of critical raw materialsimprove the resilience of the Union regarding the supply of critical raw materials, by prioritising sustainability, efficiency and circularity, with the view to reduce global demand for virgin materials to achieve Sustainable Development Goals, notably to address the challenges of climate change, water stress and pollution and loss of biodiversity.
2023/06/05
Committee: DEVE
Amendment 82 #

2023/0079(COD)

Proposal for a regulation
Article 1 – paragraph 4 a (new)
4a. For Strategic projects in third countries, the Commission shall follow a sustainable development approach based on the following principles: - The strength of the economic outcome, to support development goals and in particular, the shift from an enclave production mining model to a model tied to local industry through local participation and local content; - Sound environmental management; - The respect for social values and aspirations of a diverse group of stakeholders resulting from credible multi-stakeholder consultative process; - The observance of the highest governance and transparency standard; - These principles shall be applicable to governments, companies and stakeholders involved in the mining sector.
2023/06/05
Committee: DEVE
Amendment 87 #

2023/0079(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 62
(62) ‘Strategic Partnership’ means a commitment between the Union and a third country to increase cooperation related to the raw materials value chain that is established throughseeks to address both the goals of sustainable development for exporting countries and the security of supply for importer countries, while addressing the externalities of mineral resource extraction (economic, social and environmental damage) and mitigating its impact, through the establishment of a non-binding instrument setting out concrete actions of mutual interest.
2023/06/05
Committee: DEVE
Amendment 94 #

2023/0079(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) for projects in third countries that are emerging markets or developing economies, the project would be mutually beneficial for the Union and the third country concerned by adding local value in that country, notably through contributing to the formalization of artisanal and small-scale mining sector and inclusive business models in which local communities participate in decision- making, their rights are protected and they benefit from extractive activities; and which ties both home and host countries in a shared responsibility to comply with high social, environmental and human rights standards.
2023/06/05
Committee: DEVE
Amendment 130 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii a (new)
(iiia) contributing to economic and social developments in partner countries, in particular for emerging markets and developing economies, through a governance framework that prioritises human rights, while also promoting the uptake of environmentally sustainable and circular economy practices and decent working conditions;
2023/06/05
Committee: DEVE
Amendment 132 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii b (new)
(iiib) addressing effective mineral resource governance throughout the life cycle of mining operations, which requires among others: - The recognition of the rights of Free, Prior and Informed Consent (FPCI) of Indigenous People and Local Communities;their access to information for effective public participation in decision-making, and ensuring that persons exercising their rights are not penalised, persecuted or harassed; - Full transparency of the mining sector in relation to revenues and contracts, in line with the Extractive Industries Transparency Initiative (EITI) requirements, including regarding environmental transparency; - To address social impacts of mining and mitigating these, through an approach driven by an Avoid, Mitigate, Restore principle.
2023/06/05
Committee: DEVE
Amendment 138 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point c – introductory part
(c) which third countries should be prioritised for the conclusion of Strategic Partnerships, taking into account the following cumulative criteria:
2023/06/05
Committee: DEVE
Amendment 140 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point c – point i a (new)
(ia) whether strategic environmental impact assessments and integrated spatial planning are implemented;
2023/06/05
Committee: DEVE
Amendment 141 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point c – point i b (new)
(ib) whether the principle of prevention and the precautionary principle are respected;
2023/06/05
Committee: DEVE
Amendment 142 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point c – point i c (new)
(ic) whether the need to protect the local environment and mitigate the negative impact of mining activities is in line with national and international guidelines, especially those of Multilateral Environment Agreements (MEAs);
2023/06/05
Committee: DEVE
Amendment 143 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point c – point i d (new)
(id) whether mine closure and the rehabilitation of mine sites (post-mining) policies are in place from the onset in full consultation with the local communities;
2023/06/05
Committee: DEVE
Amendment 144 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii
(ii) whether a third country's regulatory framework and its effective implementation ensures the monitoring, prevention and, minimisation ofand compensation of adverse social and environmental impacts of mining, the use of socially responsible practices including respect of human and labour rights and meaningful engagement with local communitiesand active participation of affected local communities and indigenous people, the use of transparent and responsible business practices, in compliance with due diligence processes as defined by EU legislation, including the OECD Guidelines for Multinational Enterprises, the UN Global Compact and the ISO 26000 standards and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
2023/06/05
Committee: DEVE
Amendment 150 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point c – point iii
(iii) whether there are existing cooperation agreements between a third country and the Union and, for emerging markets and developing economies, and whether the potential for the deployment of Global Gateway investment projects respond to shared visions such as the Country Mining Visions of the Africa Mining Vision and are fully aligned with national development plans such as industrial and trade policies; respect human rights and contribute to the decoupling of natural resource use.
2023/06/05
Committee: DEVE
Amendment 159 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv a (new)
(iva) whether partnerships address the capture of a fair share of mineral resource rents, equitable distribution in the rents, tackle illicit financial flows and commodity price volatility;
2023/06/05
Committee: DEVE
Amendment 160 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv b (new)
(ivb) whether partnerships make international investment laws fairer, including through increased recognition of local laws in handling disputes between investors and host countries; technology transfer and the possibility to use export taxes on commodities, insofar as it is WTO compatible;
2023/06/05
Committee: DEVE
Amendment 161 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv c (new)
(ivc) whether partnerships contribute to the formalization of the mining sector, especially the artisanal and small-scale mining sector, notably through developing conducive and comprehensive legal frameworks, ensuring access to capital, providing access to geological data and appropriate equipment and enabling a dialogue between artisanal small-scale mining stakeholders.
2023/06/05
Committee: DEVE
Amendment 162 #

2023/0079(COD)

Proposal for a regulation
Article 33 – paragraph 2
2. The Board shall, in the context of paragraph 1 and in so far as relates to emerging market and developing economies, ensure cooperation and policy coherence for sustainable development, as enshrined in the UN 2030 Agenda, with other relevant coordination fora, including those established as part of the Global Gateway strategy.
2023/06/05
Committee: DEVE
Amendment 173 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 4 – introductory part
4. Whether a project fulfils the criterion referred to in Article 5(1), point (c), shall be assessed taking into account a project’s compliance with the following Union legislation or international instruments and on the basis of the risk categories presented in paragraph 4a:
2023/06/05
Committee: DEVE
Amendment 174 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 4 – point i a (new)
(ia) The principles of Free, Prior and Informed Consent (FPIC) as established in the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly in 2007;
2023/06/05
Committee: DEVE
Amendment 177 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 4 – point i k (new)
(ik) EIB Eligibility, Excluded Activities and Excluded sectors list;
2023/06/05
Committee: DEVE
Amendment 178 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 4 – point i b (new)
(ib) The International Bill of Human Rights, including the international covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;
2023/06/05
Committee: DEVE
Amendment 179 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 4 – point i c (new)
(ic) ILO Declaration on Fundamental Principles and Rights at Work;
2023/06/05
Committee: DEVE
Amendment 181 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 4 – point i f (new)
(if) UNEP Guidelines for Social Life Cycle Assessment of Products;
2023/06/05
Committee: DEVE
Amendment 182 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 4 – point i d (new)
(id) The eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at work;
2023/06/05
Committee: DEVE
Amendment 183 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 4 – point i e (new)
(ie) The ten Principles of the United Nations Global Compact;
2023/06/05
Committee: DEVE
Amendment 184 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 4 – point i g (new)
(ig) Convention on Biological Diversity, in particular Decision COP VIII/28- Voluntary guidelines on Biodiversity-Inclusive impact assessment;
2023/06/05
Committee: DEVE
Amendment 185 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 4 – point i h (new)
(ih) UN Paris Agreement;
2023/06/05
Committee: DEVE
Amendment 186 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 4 – point i i (new)
(ii) ILO Convention 169 on Indigenous and Tribal Peoples;
2023/06/05
Committee: DEVE
Amendment 187 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 4 – point i j (new)
(ij) The Extractive Industries Transparency Initiative (EITI);
2023/06/05
Committee: DEVE
Amendment 189 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 4 – paragraph 1 – introductory part
Project promoters may also attescomplement compliance with the criterion referred to in Article 5(1), point (c) by:
2023/06/05
Committee: DEVE
Amendment 192 #

2023/0079(COD)

Proposal for a regulation
Annex III – point 4 a (new)
4a. Social and environmental risk categories: (a) environment, climate and human health considering direct, induced, indirect and cumulative effects, including but not limited to: (i) air, including but not limited to air pollution, including greenhouse gas emissions; (ii) water, including seabed and marine environment and including but not limited to water pollution, water use, water quantities (flooding or droughts) and access to water; (iii) soil, including but not limited to soil pollution, soil erosion, land use and land degradation; (iv) biodiversity, including but not limited to damage to habitats, wildlife, flora and ecosystems, including ecosystem services; (v) hazardous substances; (vi) noise and vibration; (vii) plant safety; (viii) energy use; (ix) waste and residues; (b) human rights, labour rights and industrial relations, including but not limited to: (i) occupational health and safety; (ii) child labour; (iii) forced labour; (iv) discrimination; (v) trade union freedoms; (c) community life, including that of indigenous peoples;
2023/06/05
Committee: DEVE
Amendment 11 #

2023/0025(COD)

Proposal for a directive
Recital 7 a (new)
(7a) Unsound treatment of waste photovoltaic panels and open scope WEEE leads to significant adverse impacts on human health and the environment. At the same time, these product groups have a high potential for material reuse and recycling, including of critical raw materials, which are important for the strategic autonomy of the Union. Without prejudice to the necessary changes to the financial obligations to cover collection and treatment of waste Photovoltaic panels placed on the market before 13 August 2012 and the waste of all ‘open scope’ EEE placed on the market before 15 August 2018 introduced by amendments of this directive, Member States should ensure the environmentally sound management of related WEEE. Member States should encourage producers, through their individual or collective Extended Producers Responsibility schemes to properly collect and treat the related historical WEEE of photovoltaic panels and open scope EEE.
2023/07/24
Committee: ENVI
Amendment 13 #

2023/0025(COD)

Proposal for a directive
Recital 9 a (new)
(9a) Directive 2012/19/EU should be reviewed no later than by the end of 2025. The review should in particular assess full implementation of the waste hierarchy set out in Article 4 of Directive 2008/98/EC as well as enforcement issues, in particular with regard to collection targets.
2023/07/24
Committee: ENVI
Amendment 25 #

2023/0025(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Directive 2012/19/EU
Article 12 – paragraph 1
1. Member States shall ensure that producers provide at least for the financing of the collection, treatment, recoveryre-use, preparation for re-use, repair, material recovery, other treatment and environmentally sound disposal of WEEE from private households that has been deposited at collection facilities set up under Article 5(2) in line with Article 4 of Directive 2008/98/EC according to the following:
2023/07/24
Committee: ENVI
Amendment 31 #

2023/0025(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Directive 2012/19/EU
Article 24 a (new)
(4a) The following article is inserted: Article 24a Review No later than 31 December 2025, the Commission shall adopt a report on the revision of this directive, to be accompanied, if appropriate, with a legislative proposal. The review shall assess any shortcomings of the current directive. The review shall assess necessary actions to ensure the implementation of the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC, promoting reuse and repair, re-evaluating the EPR system to include eco-modulation of fees, liability rules on online platforms to prevent illegal imports of EEE into the EU, and preventing illegal exports of WEEE to third countries. The review shall also address enforcement issues, in particular with regard to WEEE collection targets.
2023/07/24
Committee: ENVI
Amendment 1 #

2022/2171(INI)

Draft opinion
Paragraph -1 (new)
-1. Whereas the Textile, Garment, Leather, and Footwear sector (TGLF) is one of the largest sectors in the global economy, with the majority of workers being women; whereas it is characterized by poor working conditions and workers’ rights violations, including with regard to farmers that grow agricultural fibre crops like cotton;
2022/12/12
Committee: DEVE
Amendment 2 #

2022/2171(INI)

Draft opinion
Paragraph -1 a (new)
-1 a. Whereas the TGLF value chain has become increasingly buyer-driven over the years, which has led to low prices, increased time pressure, and poor payment terms; whereas these conditions of market power asymmetries between suppliers and global buyers fuel and exacerbate the risk of labour rights abuses in TGLF producing factories;
2022/12/12
Committee: DEVE
Amendment 3 #

2022/2171(INI)

Draft opinion
Paragraph -1 b (new)
-1 b. Whereas textile production and consumption also have severe impacts on the environment, in terms of greenhouse gas emissions, chemical pollution, resource use and the volume of textile waste that is sent to landfill;
2022/12/12
Committee: DEVE
Amendment 4 #

2022/2171(INI)

Draft opinion
Paragraph -1 c (new)
-1 c. Whereas approximately 60% of all the garments produced in Bangladesh are imported into the EU; whereas the Bangladesh Sustainability Compact (2013) aims to promote continuous improvements in labour rights and factory safety in the Ready-Made Garment (RMG) sector; whereas tangible improvements were achieved in enhancing building and workplace safety while it failed as an effective tool for promoting workers’ rights;
2022/12/12
Committee: DEVE
Amendment 5 #

2022/2171(INI)

Draft opinion
Paragraph -1 d (new)
-1 d. Whereas the EU plays a key role as producer, investor, buyer/importer, retailer and consumer in TGLF value chains and therefore has considerable leverage to address the negative social and environmental impacts of the TGLF industry;
2022/12/12
Committee: DEVE
Amendment 20 #

2022/2171(INI)

Draft opinion
Paragraph 3
3. Highlights that the production of textiles and clothing (T&C) often takes place outside the EU and most T&C traded in the EU are imported from third countries; stresses that EU market power must be leveraged to encourage sustainable production practices in the TGLF industry, including through the implementation, monitoring and evaluation of the Sustainability Compact as a tool for promoting workers’ rights;
2022/12/12
Committee: DEVE
Amendment 24 #

2022/2171(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Stresses that TGLF value chains are characterised by social and environmental risks that affect companies and stakeholders along the value chain including farmers, producers and workers; welcomes the Commission proposal for a Corporate Sustainable Due Diligence Directive (CSDD) as an important step to address specific problems in the textile sector; stresses the need to include SMEs in the legislation to create a level playing field in the implementation of sustainable practises;
2022/12/12
Committee: DEVE
Amendment 49 #

2022/2171(INI)

Draft opinion
Paragraph 5
5. Stresses that working conditions in the textile industry in third countries are often subthe TGLF sector is typically characterised by poor working conditions and workers' rights violations; particularly in low-income production countries, where workers suffer from low wages, long working hours, inadequate safety standards and have a direct impact on workers’ living standards due to low wages, poor working conditions and inadequate safety standlimitations to freedom of association and collective bargaining; furthermore, emphasizes that, when violations do occur, workers face numerous barriers to access or receive remediation for such hardms; highlights that women are in particular in an even more vulnerable position; is equally concerned about persisting child labour in the industry;
2022/12/12
Committee: DEVE
Amendment 55 #

2022/2171(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Recalls that unfair purchasing practices are one of the root causes of human rights violations, as low purchase prices and short time frames imposed by buyers on suppliers undermine, for example, the ability of factories to ensure decent working conditions, thus increasing the risk of human rights violations;
2022/12/12
Committee: DEVE
Amendment 58 #

2022/2171(INI)

Draft opinion
Paragraph 5 b (new)
5 b. Emphasises, accordingly, the need to tackle Unfair Trading Practices (UTPs) in the textile and garment sector, through a regulatory approach, as a means to improve the ability of both buyers and suppliers to respect and fulfil a number of key human rights, including the payment of living wages, protection against gender-based violence, and the abolition of forced overtime, throughout the value chain.
2022/12/12
Committee: DEVE
Amendment 61 #

2022/2171(INI)

Draft opinion
Paragraph 6
6. SRecalls that human rights violations associated with TGLF value chains occurring in producing countries can often be attributed to weak laws or lack of enforcement of existing laws; strongly encourages the Commission, therefore, to supplement the Strategy with corresponding regional and country programming for developing countries in the framework of the Neighbourhood, Development and International Cooperation Instrument (NDICI)-Global Europe and Team Europe initiatives, which should promote projects that help to build T&C production and distribution infrastructure which protects the environment as well as social and labour rights. , and that promote governance reforms and better enforcement of laws, in particular labour laws; stresses that these reforms could be linked to market access to the EU to provide an added incentive for producing countries;
2022/12/12
Committee: DEVE
Amendment 65 #

2022/2171(INI)

6 a. Recalls that trade policies can play a crucial role in contributing to sustainable TGLF value chains, notably through effective enforcement of Trade and Sustainable Development (TSD) chapters of EU trade agreements, including through complaint mechanisms to report non-compliance with multilateral labour and environmental agreements, and through systematic use of ex-ante and ex-post trade sustainability impact assessments and increased participation of stakeholders; in addition, urges the EU to effectively implement and monitor, in a publicly transparent and participative manner, the social and environmental conditions linked to the Generalised Scheme of Preferences (GSP, GSP+ and Everything but Arms);
2022/12/12
Committee: DEVE
Amendment 73 #

2022/2171(INI)

Draft opinion
Paragraph 6 b (new)
6 b. Calls on the EU to strengthen political dialogue with producer countries, including about the issue of shrinking spaces for civil society and trade unions to advocate for decent working conditions in TGLF factories;
2022/12/12
Committee: DEVE
Amendment 3 #

2022/2058(INI)

Motion for a resolution
Recital A
A. whereas the functioning of the internal market is greatly facilitated by the market’s adoption and use of standards; whereas the adoption of European standards simplifies compliance for market participants and national authorities, replacing as many as 34 national standards with one European standardis a pivotal element of the single market, enhancing the competitiveness of European companies and the safety of citizens; whereas the adoption of European standards and European standardisation deliverables facilitates market access, contributes to strengthen the single market and simplifies compliance for market participants and national authorities, providing a presumption of conformity with the essential requirements of the Union legislation;
2023/02/02
Committee: IMCO
Amendment 5 #

2022/2058(INI)

Motion for a resolution
Recital B
B. whereas the European standardisation system isneeds to be based on an open, inclusive, transparent, reliable, high-quality and consensus- based, market-driven approach, ensuring thatapproach, which should involve all stakeholders in a way to ensure theat standards that are developed not only to respond to industry needs but also support the interests of wider societyto fulfil sustainability requirements and to support the interests of wider society, improving economic, social and environmental conditions as well as the quality of life of citizens, in particular of the most vulnerable groups, such as persons with disabilities;
2023/02/02
Committee: IMCO
Amendment 10 #

2022/2058(INI)

Motion for a resolution
Recital B a (new)
B a. whereas the participation of civil society in the standardisation process is guaranteed by Regulation 1025/2012, but it is limited by high costs, which create entry barriers to the stakeholders with less financial resources;
2023/02/02
Committee: IMCO
Amendment 11 #

2022/2058(INI)

Motion for a resolution
Recital C
C. whereas standards, both at international and European level, can be important drivers for market development and technological change towards a climate-neutral, resource-efficient and circular economy, as well as for fair competition, innovation and greater protection of consumers and the environment; whereas the Member States, European institutions and the European standardisation organisations (ESOs) cooperate with international standardisation bodies and have agreements in place to facilitate the use of international standards in the Union; whereas although European industry is an active participant in international standardisation work streams, the effective representation of smaller companies and othersocietal stakeholders in international forums is more challengingnot adequate;
2023/02/02
Committee: IMCO
Amendment 15 #

2022/2058(INI)

Motion for a resolution
Recital C a (new)
C a. whereas the use of open source software and hardware licensing solutions improves the effectiveness and transparency of work for public administrations and businesses and should be encouraged;
2023/02/02
Committee: IMCO
Amendment 16 #

2022/2058(INI)

Motion for a resolution
Recital C b (new)
C b. whereas ICT standards are mostly developed at international level; whereas the EU needs to step up its efforts to improve expertise in this field and become a standard-setter, in order to develop interoperable solutions for complementary products and for the various parts of a particular product;
2023/02/02
Committee: IMCO
Amendment 17 #

2022/2058(INI)

Motion for a resolution
Recital C c (new)
C c. whereas the publication of public data should be based on open and standardised formats, in order to avoid ‘lock-in’ situations with proprietary solutions and in order to guarantee accountability, reproducibility, sustainability and reliability of governmental actions and public procurement;
2023/02/02
Committee: IMCO
Amendment 19 #

2022/2058(INI)

Motion for a resolution
Paragraph 1
1. Welcomes the adoption of the standardisation strategy, which sets out five main areas for action for the Commission; considers that the classification of priority areas for action closlargely aligns with the weaknesses of the current system identified during the stakeholder consultation; notes also the adoption of, and progress on, the 2022 annual work programme on standardisationstresses, however, that such a list of areas for action should be non-exhaustive in order to quickly respond to the changing global challenges and that further focus on the uptake and implementation of standards, especially among SMEs is needed; notes also the adoption of, and progress on, the 2022 annual work programme on standardisation and looks forward to the 2023 and 2024 draft annual work programmes; stresses the need to further involve all relevant stakeholders in the interinstitutional dialogue for the preparation of the annual work programme;
2023/02/02
Committee: IMCO
Amendment 26 #

2022/2058(INI)

Motion for a resolution
Paragraph 2
2. Considers that the fundamental qualities of the standardisation system remain relevant and effective for the proper functioning of the internal market; recalls that harmonised standards are a voluntary, market- driven tool providing technical requirements and guidance, the use of which facilitates the compliance of goods and services with European legislation and supports the development ofimplementation of ambitious European policies in an accountable, transparent and inclusive way, ensuring that needs and specificities of all relevant stakeholders are taken into account; stresses, howemoreover, that standards cannot be seen as EU law, sinceRegulation 1025/2012 determines public law relevance of standards, which means that harmonised standards should comply with the objectives set out in the EU legislation and policies regarding the level of consumer, health, safety, environmental and data protection, and the level of social inclusion, are determined by the legislator;
2023/02/02
Committee: IMCO
Amendment 29 #

2022/2058(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Stresses that European Standardisation Organisations should comply with the EU legislation and policy objectives not only when drafting standards, but also in their governance; calls on the Commission to assess in the context of the evaluation process of Regulation 1025/2012 if the current governance model of the European Standardisation Organisations should be revised to meet such objectives and calls on the Commission to improve the participation and to strengthen the rights of the societal stakeholders, also within the national standardisation bodies;
2023/02/02
Committee: IMCO
Amendment 31 #

2022/2058(INI)

Motion for a resolution
Paragraph 2 b (new)
2 b. Stresses that European standards and European standardisation deliverables should ensure the protection of personal data and privacy and should be open, inclusive, transparent, high- quality and sustainable, promoting durable products which are easier to repair, re-use and recycle;
2023/02/02
Committee: IMCO
Amendment 33 #

2022/2058(INI)

Motion for a resolution
Paragraph 2 c (new)
2 c. Stresses that European Standards and European standardisation deliverables should meet the objectives of the EU Green Deal, including on climate, environmental, energy, resources-use and biodiversity targets; highlights, however, that in order to deliver on Green Deal commitments, standards should further improve product sustainability, durability, reusability, upgradability and reparability, reduce the expected generation of waste and increase recycled content in products;
2023/02/02
Committee: IMCO
Amendment 34 #

2022/2058(INI)

Motion for a resolution
Paragraph 2 d (new)
2 d. Regrets that many standards still present important differences between Member States, thus creating unjustified barriers to the single market; calls on the Commission to step up its efforts to introduce harmonised standards, in order to reduce market fragmentation and therefore decreasing administrative costs for citizens and businesses, in particular SMEs and microenterprises;
2023/02/02
Committee: IMCO
Amendment 35 #

2022/2058(INI)

Motion for a resolution
Paragraph 2 e (new)
2 e. Stresses that the standardisation system should prioritize areas with the highest detriment to consumers and should increase its efforts to take in due account the needs of the most vulnerable consumers, such as older persons and persons with disabilities;
2023/02/02
Committee: IMCO
Amendment 36 #

2022/2058(INI)

Motion for a resolution
Paragraph 2 f (new)
2 f. Regrets that the standardisation system does not allow persons with disabilities and their representative organisations to participate on an equal footing with other stakeholders in the activities of European and national standardisation bodies when drafting accessibility standards; calls, therefore, for an improved representation within the standardisation system and for a balanced representation among designated experts, in order to guarantee a fair outcome of Union's accessibility legislation and standards;
2023/02/02
Committee: IMCO
Amendment 37 #

2022/2058(INI)

Motion for a resolution
Paragraph 2 g (new)
2 g. Calls on the Commission and on the European standardisation bodies to improve their efforts towards making the standards gender responsive, in line with the Gender Responsive Standards Declaration; invites the Commission to elaborate gender indicators and criteria that could be used in standards development, in order to achieve gender balanced, representative and inclusive standards;
2023/02/02
Committee: IMCO
Amendment 39 #

2022/2058(INI)

Motion for a resolution
Paragraph 3
3. Supports the creation of an annual standardisation dashboard, to be published along with the Annual Union Work Programme and the ICT Standardisation Rolling Plan, on the planned, current and completed standardisation activities with the aim to give more transparency in the European standardisation system;
2023/02/02
Committee: IMCO
Amendment 41 #

2022/2058(INI)

Motion for a resolution
Paragraph 4
4. Supports the launch of the High- Level Forum for Standardisation and the desire to broaden the range of voices heard when identifying standardisation priorities and needs, planning future activities and coordinating approaches ingiving suggestions to the Commission for possible reviews of existing standards, in order to meet the objectives of the European Green Deal and of the Europe Digital Decade; acknowledges that the High-Level Forum will coordinate the effective representation of EU interests and values in international standardisation bodiesfora; underlines that this expert group should include a diverse range of stakeholders, without losing sight of the bottom-up, market-driven nature of standardisation activitiesin a way to increase transparency and social impact of standards and in order to ensure the protection of the public interest and the environment;
2023/02/02
Committee: IMCO
Amendment 46 #

2022/2058(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Welcomes the fact that the Forum will work to strengthen technical expertise and skills in the standardisation system, also through sub-groups of experts; highlights that these sub-groups could elaborate programmes to mainstream training activities, in order to increase skills, competences and consistency at EU level;
2023/02/02
Committee: IMCO
Amendment 49 #

2022/2058(INI)

Motion for a resolution
Paragraph 6
6. Welcomes the creation of an EU excellence hub on standards and the appointment of a chief standardisation officer (CSO) in the Commission; believes that this position and the hub, as a resource, should lead to greater consistency across the Commission in terms of standardisation requests and the preparation and adoption of standards and legislative provisions with relevance to standardisation; considers that the person holding this oversight function should be an important interlocutor for Parliamentpoints out that greater competences and consistencies would be key to increase the benefits of harmonised standards on public administrations and businesses; considers that the CSO as an important interlocutor for Parliament should report to the relevant committee every six months, enabling the technical scrutiny of the Commission’s standardisation activities;
2023/02/02
Committee: IMCO
Amendment 56 #

2022/2058(INI)

Motion for a resolution
Paragraph 7
7. Believes that the Commission should establish a clear set of key performance indicators on the aspects of standardisation within its remit, in particular for standards linked to the objectives of the European Green Deal and of the Europe Digital Decade, in order to measure, compare and set precise targets for standardisation-related developments and to identify possible risks and lack of essential aspects, such as participation of civil society, sustainability, security and reliability;
2023/02/02
Committee: IMCO
Amendment 68 #

2022/2058(INI)

Motion for a resolution
Paragraph 9
9. Notes that the Commission wishes to accelerate the steps involved in developing standards; considers that the timely preparation of standarhigh-quality standards meeting market and societal needs is necessary for the proper functioning of the internal market, in particular in the case of harmonised standards;
2023/02/02
Committee: IMCO
Amendment 71 #

2022/2058(INI)

Motion for a resolution
Paragraph 10
10. Believes that delays in the standardisation processes stem from various causes; considers that the Commission may wish to reconsider its approach following the James Elliot3 case and avoid the use of overly prescriptive requirements in relation to standardisation requests, which reduce the capacity of experts to propose appropriate solutions to meet the needs of a standard and narrow the scope for future-proofing standards; _________________ 3 Judgement of the Court of 27 October 2016, James Elliott Construction Limited v Irish Asphalt Limited, C-613/14, ECLI:EU:C:2016:821.deleted
2023/02/02
Committee: IMCO
Amendment 73 #

2022/2058(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Recalls that standardisation requests are issued by the Commission, in line with EU legislation and policies that underpin the protection of consumers, health, safety, environment, data and that guarantee social inclusion; notes, in this context, that the role of European Standardisation Organisations is to meet such requests, in order to support the public interest’s objectives set out in the EU legislation;
2023/02/02
Committee: IMCO
Amendment 76 #

2022/2058(INI)

Motion for a resolution
Paragraph 11
11. Stresses that there may be inherent limits to speeding up the standardisation process, as the prepadraftiong of standards, and citation of harmonised standards and industry implementation of those standards all add time before market adoption; recognises that it may be easier to accelerate administrative tasks, such as citation in the Official Journal, butthe publication of the harmonised standard’s reference in the Official Journal of the European Union; highlights that uptaking existing standards rather than drafting new ones would also have positive effects on timing and it would allow for easier understanding and implementation; points out, however, that the unduly rushed preparation or deployment of standards creates challenges for all stakeholders, including national authorities; encourages the Commission, in conjunction with improvements to its own internal processes, to continue working with the ESOs on ways of achieving timely delivery, including consideration of the most suitable standardisation deliverable depending on the needimportant issues for all stakeholders, including national authorities, since technical aspects and contributions require time to be elaborated by all stakeholders involved in the consensus-building process; stresses the important role on speeding up the standardisation process of the High- Level Forum for Standardisation and of the EU excellence hub, which should take a proactive approach to allow for a timely identification of standardisation needs and should help striking a fair balance between the need to shorten the process and the necessity to ensure open, inclusive, sustainable, reliable and high- quality standards; encourages the Commission, in conjunction with improvements to its own internal processes, to continue working with the ESOs on ways of achieving timely delivery, including early exchange of information on the content and feasibility of planned standardization requests and the consideration of the most suitable standardisation deliverable depending on the need; welcomes in this context the action plan of the Task Force “Timely European Standards for a Green and Digital, Single and Global Market” between the Commission, EFTA and the ESOs;
2023/02/02
Committee: IMCO
Amendment 84 #

2022/2058(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Stresses the need for stable and clear criteria for the assessment of harmonised standards, commonly understood by all stakeholders, as well as for the provision of the necessary resources to ensure the timely assessment and citation, in particular with regards to the work of the HAS consultants;
2023/02/02
Committee: IMCO
Amendment 86 #

2022/2058(INI)

Motion for a resolution
Paragraph 12
12. Considers that anthe evaluation of Regulation (EU) 1025/2012 may identifythat was launched in 2022 should identify best practices and areas where reform is needed beyond the targeted amendment already introduced by the Commission; considers that the role, participation and input of relevant stakeholders, including those representing, inter alia, SMEs and environmental, social and consumer interests, should be evaluated and strengthened where such reforms may be beneficialstrengthened in order to ensure that core interests and values of the EU citizens are adequately represented and in order to support and complementary to the work envisaged by the ESOs following the Commission’s call for them to present proposals to reform their own internal governance; notes that such a reform should address the uneven and non-transparent representation of industrial interests while ensuring inclusiveness and effective participation of societal stakeholders, which should be implemented beyond the simple obligation of efforts, as defined in Articles 5 and 16 of Regulation (EU) 1025/2012, also taking into account the results of the consensus-building process;
2023/02/02
Committee: IMCO
Amendment 94 #

2022/2058(INI)

Motion for a resolution
Paragraph 12 a (new)
12 a. Acknowledges that only a limited number of civil society organisations participate in the European and national standardisation work; believes that, in view of increasing the participation of civil society and broadening the scope of Annex III of Regulation 1025/2012, the Commission should carry out a mapping of civil society organisations which have an interest in contributing to the standardisation work at European level;
2023/02/02
Committee: IMCO
Amendment 98 #

2022/2058(INI)

Motion for a resolution
Paragraph 13
13. Welcomes the focus on national- level involvement of wider stakeholders in standardisation activities; notes that not all organisations listed in Annex III have national counterparts in the Member States; considers that the Commission may direct funding or technicall Member States that are able to participate in the work of the national mirror committees; stresses the diversity of practices in defining membership conditions by national standardization bodies in Europe, including participation fees; considers that the Commission should increase technical support and direct funding in order to guarantee substantial, long-term and stable financial support to thosee European organisations to ensure participation in national standardisation activities, including not only technical work on standards, but also the preparation of positions vis-à-vis standardisation requests at the European and international levels, thereby reinforcing the inclusivity of the process as a wholelisted in Annex III and to ensure the effective participation of their national organisations in national standardisation activities on an equal footing with industry representatives, including not only technical work on standards, but also the preparation of positions vis-à-vis standardisation requests at the European and international levels, thereby ensuring that their interests and inputs are duly taken into account and reinforcing the inclusivity of the process as a whole; invites the Commission to assess whether the Member States should support the funding to the European organisations listed in Annex III in order to foster a harmonised approach in the EU;
2023/02/02
Committee: IMCO
Amendment 105 #

2022/2058(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Points out that the financial support of the Commission could not be sufficient for the European organisations listed in Annex III to ensure the effective participation of their national organisations in national standardisation activities on an equal footing with industry representatives; stresses that in some Member States national standardisation bodies have already established solidarity mechanisms in which industrial stakeholders contribute to the participation fee of societal stakeholders according to certain elements, such as the size and the turnover of the company; calls on the Commission and on the European standardisation organizations to encourage the harmonisation of such a mechanisms, in order to decrease the fragmentation of the single market;
2023/02/02
Committee: IMCO
Amendment 106 #

2022/2058(INI)

Motion for a resolution
Paragraph 13 b (new)
13 b. Notes that the inclusiveness of the European and international standardisation systems also depends on the ability of stakeholders to identify and staff the standardization areas and committees that are relevant to them; considers that the national authorities should support national standardisation bodies initiatives for stakeholder inclusiveness, including providing these stakeholders with assistance in identifying standardization areas and committees that are relevant to them;
2023/02/02
Committee: IMCO
Amendment 112 #

2022/2058(INI)

Motion for a resolution
Paragraph 14
14. Recognises the need for a consistent and harmonised approach towards technical or common specifications, in particular as different legislative processes may give rise to divergent provisions; considers, therefore, that this mechanism should only be used in exceptional circumstances and only while relevant standards do not exist; expresses concern about technical specifications concerning, among other things, respect for fundamental rights, where recourse to implementing acts affects the co-legislators’ powers of scrutinyensure the involvement of all relevant stakeholders and that it should generally be used in the absence of harmonised standards and when standards developed by European Standardisation Organisations are not deemed adequate by the Commission to support EU law;
2023/02/02
Committee: IMCO
Amendment 114 #

2022/2058(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Stresses that the role of standards is not to define fundamental rights, but to provide technical solutions for their respect; calls on the Commission and on the co-legislators to further detail in legislation key aspects for the respect of fundamental rights, including safeguards and definitions; points out that when standards are not adopted timely or are not fit for purpose, common specifications should be introduced in order to ensure the full respect of fundamental rights;
2023/02/02
Committee: IMCO
Amendment 119 #

2022/2058(INI)

Motion for a resolution
Paragraph 15
15. Considers that divergent regulatory outcomes may also affect the standardisation process more generally, owing to differing terminology, the lack of standard clauses for standardisation requests and difficulties in ex ante oversight; underlines that this problem is even more significant where standards are relevant for more than one regulatory act; believes that a common approach or formalised agreement between the Commission and the co-legislators could be explored in order to streamline the preparation of standards and detailed conditions for technical specifications;
2023/02/02
Committee: IMCO
Amendment 122 #

2022/2058(INI)

Motion for a resolution
Paragraph 15 a (new)
15 a. Welcomes the launch of a peer review process among Member States and national standardisation bodies to exchange good practices and propose new ideas for a more effective involvement of civil society and users, as well as to set up SMEs-friendly conditions for standardisation;
2023/02/02
Committee: IMCO
Amendment 123 #

2022/2058(INI)

Motion for a resolution
Paragraph 16
16. BRecognises the strategic use of international standards to promote global leadership in critical areas such as green and digital technologies and the need for the EU to ensure its competitiveness, security and strategic autonomy; believes that it is essential to improve European coordination and engagement at international level in relation to standardisation, while respecting the right of national delegations to reach their own decisions in international forumith like-minded global partners that share the EU’s social, environmental and ethical values; considers, nevertheless, that where similar viewpoints exist, and are also shared with like-minded third- country partners, European policy leadership on standards development can act as a multiplier for European industrial leadershipand societal leadership; is of the opinion that the Commission should set high-level principles to determine if, according to the EU strategic interest, a certain standard should be developed in the European Standardisation Organisations or at international level;
2023/02/02
Committee: IMCO
Amendment 126 #

2022/2058(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Regrets that the effective contribution of societal stakeholders in the international standardisation processes continues to be a major challenge; stresses that the participation of the organisations listed in Annex III should be guaranteed in the technical committees and should not depend on the decision of each committee, which can result in the exclusion of stakeholders representing the interests of consumers, workers and the environment; calls on the Commission and on the European Standardisation Organisations to engage with international counterparts and like- minded trade partners to ensure greater inclusiveness of the international standardisation system and stronger representation of all stakeholders;
2023/02/02
Committee: IMCO
Amendment 131 #

2022/2058(INI)

Motion for a resolution
Paragraph 17
17. Emphasises that prioritising standardisation matters in cooperation with third countries in bi-, multi- and pluri- lateral settings is also important to ensure that like-minded, inclusive approaches towards standardisation can prevail at international level; encourages, in this regard, the Commission and the CSO to develop key performance indicators, to monitor commitments and developments on standardisation between the Union and third countries;
2023/02/02
Committee: IMCO
Amendment 132 #

2022/2058(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Regrets that the EU was not able to take the lead in drafting international standards in very sensitive areas, such as green and digital transition and internet protocols; is worried that technical solutions, often incompatible with the EU’s values and interests, were approved in the international technical committees, endangering the EU objective to promote a free, open, accessible, inclusive and secure global internet; urges the Commission to step up its efforts to become a standard-setter in the international context also through the proposal of policy measures to foster the deployment of key internet standards and sustainability requirements;
2023/02/02
Committee: IMCO
Amendment 139 #

2022/2058(INI)

Motion for a resolution
Paragraph 18
18. Stresses the value of commercialisation for research activities launched under the Union’s research funding programmes, including earlythe consideration of the suitability for standardisation of projects launched under the Union’s research funding programmesat an early stage; welcomes the creation of the ‘standardisation booster’, as a test bed for standards’ suitability;
2023/02/02
Committee: IMCO
Amendment 141 #

2022/2058(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Stresses the need to unleash the full potential of EU funded pre-normative research in support of standardisation needs; calls on the Commission to encourage further coordination between National and European Standardisation bodies and the research system, in order to bridge the gap between research and the market and to ensure a proper allocation of resources; recalls that the dissemination of research results contributes to the general awareness and creates the basis for further innovation;
2023/02/02
Committee: IMCO
Amendment 144 #

2022/2058(INI)

Motion for a resolution
Paragraph 18 b (new)
18 b. Acknowledges the development of the European Code of Practice for researchers on standardisation to promote an overarching approach to standardisation activities; calls on the Commission to ensure that those activities will be in line with EU policy objectives and strategic interests, in particular with the EU Green Deal commitments, and that the achievements in the area of research and innovation will be taken into account by the EU excellence hub;
2023/02/02
Committee: IMCO
Amendment 145 #

2022/2058(INI)

Motion for a resolution
Paragraph 18 c (new)
18 c. Notes that standards will rely more and more on machine-readable formats rather than on simple texts; calls on the European Standardisation Organisations and on the National Standardisation Bodies to concretely support this transition by ensuring that these formats will be interoperable and reliable and by integrating open source software solutions into their activities, in order to facilitate the uptaking of digital technologies by public administrations and businesses, in particular SMEs and microenterprises;
2023/02/02
Committee: IMCO
Amendment 146 #

2022/2058(INI)

Motion for a resolution
Paragraph 18 d (new)
18 d. Is of the opinion that open standards are essential to develop innovative solutions and open government policies, including on public procurement, based on transparency, accountability, sustainability and reliability; believes, therefore, that documents and data should be published in open, standardised formats that are easy to implement;
2023/02/02
Committee: IMCO
Amendment 147 #

2022/2058(INI)

Motion for a resolution
Paragraph 18 e (new)
18 e. Believes that the Commission should make additional efforts on setting open, inclusive, sustainable, reliable and high-quality ICT standards that ensure interoperability, accessibility and privacy- by-design solutions;
2023/02/02
Committee: IMCO
Amendment 150 #

2022/2058(INI)

Motion for a resolution
Paragraph 19
19. Supports the development of awareness-raising and training programmes, including life-long learning programmes, vocational education and training, aimed at developing pathways towards standardisation activities for academics, future industry professionals and, policymakers and representatives of the civil society;
2023/02/02
Committee: IMCO
Amendment 152 #

2022/2058(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Notes that drafting, implementing and enforcing standards requires a high degree of technical expertise and that there is no formal education nor vocational training on standardisation in the EU, thus contributing to a lack of qualified experts in the public and private sectors; is of the opinion that this situation will be emphasized by the generational turnover and by the new digital challenges that will require more technical skills and competences and that further efforts are needed to increase knowledge and awareness among public and private stakeholders;
2023/02/02
Committee: IMCO
Amendment 153 #

2022/2058(INI)

Motion for a resolution
Paragraph 19 b (new)
19 b. Welcomes the Commission’s initiative to organise the Standardisation University Days to promote awareness among academia and students and to further include standardisation among the projects of the EU Academy; notes that the High-Level Forum will promote development and dissemination of standardisation academic teaching modules to train young professionals in order to improve competences at operational level; encourages Member States to include relevant professional education courses on standards in their national education systems;
2023/02/02
Committee: IMCO
Amendment 3 #

2022/2008(INI)

Draft opinion
Paragraph 1
1. Recalls that the new Industrial Strategy was updated to reflect the lessons learned from COVID-19, and that this strategy will be key toin delivering the green and digital transitions while enhancing EU competitiveness and overcoming future challenges; recalls that a strong governance system and market surveillance are essential in order to relaunch the single market; calls on the Commission to focus on ensuring that the industrial strategy helps remove unjustified single market barriers and avoid further fragmentation; while at the same time taking into account the need to strengthen consumer protection;
2022/04/06
Committee: IMCO
Amendment 9 #

2022/2008(INI)

Draft opinion
Paragraph 1 – point 1 (new)
(1) Underlines that Russia’s unprovoked and unjustified military aggression against Ukraine increases the urgency of building a more resilient, sustainable and robust economic base in the EU; notes that EU dependencies in areas such as energy and raw materials may lead to vulnerabilities and may reduce the EU´s ability to act; stresses that improving resource efficiency and promoting circular economy are key to achieving absolute reduction in resource use and ending the EU´s strategic dependencies;
2022/04/06
Committee: IMCO
Amendment 21 #

2022/2008(INI)

Draft opinion
Paragraph 2
2. Acknowledges the European standardisation strategy and underlines that standards are essential for a well- functioning single market, global competitiveness and the green and digital transitions; calls for the EU to regain its leading role in setting, implementing and enforcing high environmental standards; stresses therefore that standards should be amongst other objectives to be designed in a way that help improve material reuse and recycling and foster secondary resource uptake;
2022/04/06
Committee: IMCO
Amendment 29 #

2022/2008(INI)

Draft opinion
Paragraph 3
3. Underlines the need to strengthen the competitiveness of SMEs and industry by addressing supply risks, dependencies, disruptions and vulnerabilities, especially in the green and digital economies; stresses that effective public procurement will lead to more jobs, growth and innovative investments; underlines also the role that public procurement can play in fostering sustainable consumption as well as uptake of sustainable products; calls therefore on the Commission to take measures to make environmental and social criteria mandatory under public procurement legislative framework, in full alignment with the European Green Deal;
2022/04/06
Committee: IMCO
Amendment 43 #

2022/2008(INI)

Draft opinion
Paragraph 4
4. Reiterates the need to enhance European strategic autonomy by investing in skills, cybersecurity1a, digital infrastructures and key technologies such as AI, cybersecurity, 5G and 6G, microprocessors and semiconductors, high-performance computing and quantum tTechnologies; taking into account that advanced machines using Artificial Intelligence can pose new and unpredictable risks during their lifecycle; _________________ 1a Since cybersecurity is neither infrastructure nor a technology, we moved it to a more suitable place within the paragraph.
2022/04/06
Committee: IMCO
Amendment 56 #

2022/2008(INI)

Draft opinion
Paragraph 5
5. Recalls the commitments to increase R&D investments to 3 % of GDP and to strengthen the European Research Area to develop a single market for research and innovation; underlines that industrial alliances and public-private partnerships are important to develop breakthrough technologies; calls on the Commission to ensurefor a better involvement of SMEs and start-ups in these partnerships and alliances as well as on the Commission to ensure that they remain transparent and inclusive throughout their implementation; further calls on the Commission to ensure transparency, consistency and synergy in all initiatives, funding and regulatory instruments supporting the transition to green, resilient and digital industry;ies
2022/04/06
Committee: IMCO
Amendment 69 #

2022/2008(INI)

Draft opinion
Paragraph 6 – point 1 (new)
(1) In view of the current energy price spikes, supports targeted relief measures for vulnerable customers in the industrial context in particular vulnerable SMEs and micro-enterprises, to alleviate the worst economic and social impacts of high-energy prices; yet raises concerns about the Commission’s proposal to expand the list of sectors eligible for ETS state aid compensation, as this would imply subsidies for intensive industries without any binding requirements to invest in energy savings or renewables; emphasises that EU companies may need to be protected in the short-term against high-energy prices, yet that this should be linked to strong conditionalities leading to the phasing out of fossil fuels.
2022/04/06
Committee: IMCO
Amendment 70 #

2022/2008(INI)

Draft opinion
Paragraph 6 – point 2 (new)
(2) Points to the fact that a number of companies are developing their own labels concerning the environmental or social impact of their products circulating in the internal market; stresses that such labels should not mislead consumers; underlines that reliable environmental information is key in transforming consumption patterns into a sustainable direction; welcomes the Commission's announcement to regulate certain environmental claims; demands that any labelling should be in full consistency with the Sustainable Product Policy Framework and enhance consumer information and transparency;
2022/04/06
Committee: IMCO
Amendment 71 #

2022/2008(INI)

Draft opinion
Paragraph 6 – point 3 (new)
(3) Calls for ambitious proposals of the European Commission concerning the upcoming customs reform including the Union Customs Code; calls for a reform which ensures fair and sustainable trade and that consumer are protected against dangerous and non-compliant products; call upon the European Commission to take into account for its reform the "Report by the Wise Persons Group on the Reform of the EU Customs Union" (2022)1a; highlights the need to implement measures to green EU Customs since they are helping the EU delivering its Green Deal agenda; _________________ 1a https://ec.europa.eu/taxation_customs/syst em/files/2022-03/TAX-20-002- Future%20customs- REPORT_BIS_v5%20%28WEB%29.pdf
2022/04/06
Committee: IMCO
Amendment 128 #

2022/0396(COD)

Proposal for a regulation
Recital 20
(20) Designing packaging with the objective of its recycling, once it becomes packaging waste, is one the most efficient measures to improve the packaging circularity and raise packaging recycling rates and the use of recycled content in packaging. Packaging design for recycling criteria have been established for a number of packaging formats under voluntary industry schemes or by some Member States for the purpose of the modulation of extended producer responsibility fees. In order to prevent barriers to the internal market and provide industry with a level playing field, and with the objective to promote the sustainability of packaging, it is important to set mandatory requirements regarding the recyclability and reusability of packaging, by harmonising the criteria and the methodology for assessing packaging recyclability and reusability based on a design for recycling methodology at the Union level. In order to meet the objective set out in the CEAP that, by 2030, all packaging should be recyclable orand reusable, in an economically viable manner, packaging recyclability performance grades should be established based on design for recycling criteria for packaging categories as listed in Annex II. However, packaging should comply with them only as of 1 January 2030 in order to give sufficient time to the economic operators to adapt.
2023/06/05
Committee: IMCO
Amendment 136 #

2022/0396(COD)

Proposal for a regulation
Recital 22 a (new)
(22a) An expert group should be set up with a balanced participation of representatives from Member States and all interested parties involved in packaging value chain, such as waste treatment operators, manufacturers, suppliers, distributors, retailers, importers, SMEs, environmental protection groups and consumer organisations. This group should contribute in particular to prepare, develop and further detail the sustainability requirements, examining the effectiveness of the established market surveillance mechanisms and assessing any further measure to guarantee environmental sustainability of packaging and contribute to the transition to a circular economy.
2023/06/05
Committee: IMCO
Amendment 139 #

2022/0396(COD)

Proposal for a regulation
Recital 25
(25) Some Member States are taking action to encourage recyclability of packaging through modulation of extended producer responsibility fees; such initiatives taken at the national level may create regulatory uncertainty for the economic operators, in particular where they supply packaging in several Member States. At the same time, modulation of extended producer responsibility fees is an effective economic instrument to incentivise more sustainable packaging design leading to better recyclable and reusable packaging while improving the functioning of the internal market. It is therefore necessary to harmonise criteria for the modulation of extended producer responsibility fees based on the recyclabilityenvironmental performance grade obtained through recyclability and reusability assessment, while not setting the actual amounts of such fees. As the criteria should be related to the criteria on packaging recyclability, the reduction of material use and the switch to reusable packaging, it is appropriate to empower the Commission to adopt such harmonised criteria at the same time as establishing the detailed design for recycling and reusability criteria per packaging categories.
2023/06/05
Committee: IMCO
Amendment 159 #

2022/0396(COD)

Proposal for a regulation
Recital 40
(40) Packaging should be designed so as to minimise its volume and weight while maintaining its ability to perform the packaging functions. The manufacturer of packaging should assess the packaging against the performance criteria, as listed in Annex IV of this Regulation. In view of the objective of this Regulation to reduce packaging and packaging waste generation and to improve circularity of packaging across the internal market, it is appropriate to further specify the existing criteria and to make them more stringent. The list of the packaging performance criteria, as listed in the existing harmonised standard EN 13428:200057 , should therefore be modified. While marketing and consumer acceptance remain relevant for packaging design, they should not be part of performance criteria justifying on their own additional packaging weight and volume. However, this should not compromise product specifications for craft and industrial products and food and agricultural products that are registered and protected under the EU geographical indication protection scheme, as part of the Union’s objective to protect cultural heritage and traditional know-how. On the other hand, recyclability, the use of recycled content, and re-use may justify additional packaging weight or volume, and should be added to the performance criteria. Packaging with double walls, false bottoms and other characteristics only aimed to increase the perceived product volume should not be placed on the market, as it does not meet the requirement for packaging minimisation. The same rule should apply to superfluous packaging not necessary for ensuring packaging functionality. __________________ 57 Packaging – Requirements specific to manufacturing and composition – Prevention by source reduction.
2023/06/05
Committee: IMCO
Amendment 165 #

2022/0396(COD)

Proposal for a regulation
Recital 43
(43) To promote the circularity and sustainable use of packaging, reusable packaging and systems for re-use should be incentivised. For that purpose, it is necessary to clarify the notion of reusable packaging and to ensure that it is linked not only to the packaging design, which should enable a maximum number of trips or rotations and maintaining the safety, quality and hygiene requirements when being emptied, unloaded, refilled or reloaded, but also to the setting up of systems for re-use respecting minimum requirements as set out in this Regulation. In order to facilitate conformity assessment with requirements on reusable packaging, it is necessary to provide for presumption of conformity for packaging which is in conformity with harmonised standards adopted in accordance with Regulation (EU) No 1025/2012 for the purpose of expressing detailed technical specifications of those requirements with design for reusable packaging guidelines and define reusable packaging criteria and formats, including minimum number of trips or rotations, standardised designs, as well as requirements for systems for re-use, including hygiene requirements. The Commission should evaluate capacities and trajectories of urban and industrial waste water re-use in light of the need to balance ambitious and much needed targets for reduced resource consumption, targets for waste reduction, GHG emissions, and prioritisation of water use.
2023/06/05
Committee: IMCO
Amendment 167 #

2022/0396(COD)

Proposal for a regulation
Recital 44
(44) It is necessary to inform consumers in a clear and intelligible manner, which is fully accessible by persons with disabilities, and to enable them to appropriately dispose of packaging waste, including compostable lightweight and very lightweight plastic carrier bags. The most appropriate manner to do this is to establish a harmonised labelling system based on the material composition of packaging for sorting of waste, and to pair it with corresponding labels on waste receptacles. The labelling system should also inform consumers about substances in packaging that may be hazardous, in line with relevant CLP labelling requirements.
2023/06/05
Committee: IMCO
Amendment 176 #

2022/0396(COD)

Proposal for a regulation
Recital 46
(46) Labelling of recycled content in packaging should not be mandatory as this information is not critical to ensure the proper end-of-life treatment of packaging. However, mcould have an impact on the purchase decisions of consumers. Manufacturers will be required to meet recycled content targets under this Regulation and they may wishhave to display that information on their packaging to inform consumers thereof. To ensure that this information is communicated in a harmonised manner across the Union, a label to indicate the recycled content should be harmonised.
2023/06/05
Committee: IMCO
Amendment 184 #

2022/0396(COD)

Proposal for a regulation
Recital 52 a (new)
(52a) Manufacturers should exercise due diligence prior to placing packaging into the Union market or exporting packaging to third countries, in order to ensure environmental impacts of the packaging is minimised. Materials used for packaging should comply with the relevant EU laws governing the production of such materials.
2023/06/05
Committee: IMCO
Amendment 185 #

2022/0396(COD)

Proposal for a regulation
Recital 53
(53) It should be ensured that suppliers of packaging or packaging materials provide the manufacturer with all the information and documentation necessary for the manufacturer to demonstrate the conformity of the packaging and the packaging materials. That information and documentation should be provided in either paper or electronic form.
2023/06/05
Committee: IMCO
Amendment 189 #

2022/0396(COD)

Proposal for a regulation
Recital 55
(55) When placing packaging on the market, every importer should indicate on the packaging their name, registered trade name or registered trade mark as well as their postal address, telephone number and, where available, electronic means of communication through which it can be contacted. Exceptions should be provided for in cases where the packaging does not allow for such indications.
2023/06/05
Committee: IMCO
Amendment 190 #

2022/0396(COD)

Proposal for a regulation
Recital 57
(57) As distributors and importers are close to the marketplace and have an important role in ensuring packaging compliance, they should be involved in market surveillance tasks carried out by the competent national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the productackaging concerned.
2023/06/05
Committee: IMCO
Amendment 191 #

2022/0396(COD)

Proposal for a regulation
Recital 58
(58) Any importer or distributor that either places on the market packaging under their own name or trademark, or modifies such a productackaging in such a way that compliance with this Regulation might be affected, should be considered to be the manufacturer and should assume the manufacturer’s obligations.
2023/06/05
Committee: IMCO
Amendment 225 #

2022/0396(COD)

Proposal for a regulation
Recital 124
(124) Packaging should be placed on the market only if it does not present a known risk to the environment and, human health. and to other aspects of public interest protection. In order to better align with the specific nature of sustainability requirements and to ensure that the focus of market surveillance efforts is on non- compliance with such requirements, packaging presenting a risk should, for the purposes of this Regulation, be defined as packaging that, by not complying with a sustainability requirement or because a responsible economic operator does not comply with a sustainability requirement, may adversely affect the environment or other public interests protected by the relevant requirements.
2023/06/05
Committee: IMCO
Amendment 229 #

2022/0396(COD)

Proposal for a regulation
Recital 135
(135) To enhance public trust in packaging placed on the market, in particular as regards compliance with sustainability requirements, the economic operators placing non-compliant packaging on the market or who do not comply with their obligations should be subject to penalties. It is therefore necessary that Member States lay down effective, proportionate and dissuasive penalties in national law for failure to comply with this Regulation. To facilitate more consistent application of penalties, common non- exhaustive criteria should be established for determining the types and levels of penalties to be imposed in case of infringements of this Regulation. These criteria should include, inter alia, the nature and gravity of the infringement and the economic benefits derived from and the environmental damage caused by the infringement, insofar as these can be determined.
2023/06/05
Committee: IMCO
Amendment 246 #

2022/0396(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 51 a (new)
(51a) ‘digital library system’ means a system by which an economic operator individually tracks packaging that can be borrowed by consumers for free for a given period of time;
2023/06/05
Committee: IMCO
Amendment 257 #

2022/0396(COD)

Proposal for a regulation
Article 4 a (new)
Article 4a Expert Group on packaging and of packaging waste 1. An Expert Group on Packaging and Packaging Waste (‘the Expert Group’) is hereby established. 2. The purpose of the Expert Group is to support the Commission, in particular in preparing, developing and further detailing sustainability requirements, examining the effectiveness of the market surveillance mechanisms and assessing any further measure to guarantee environmental sustainability of packaging and contribute to the transition to a circular economy. 3. The Expert Group shall guarantee a balanced participation of stakeholders and right-holders with adequate experience in packaging and packaging waste. Representatives from Member States and all interested parties should be equally involved, including waste treatment operators, manufacturers, suppliers, distributors, retailers, importers, SMEs, environmental protection groups and consumer organisations.
2023/06/05
Committee: IMCO
Amendment 346 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
From [OP: Please insert the date = 42 months after the entry into force of this Regulation], packaging shall be marked with a label containing information on its material composition. This obligation does not apply to transport packaging. However, it applies to e-commerce packaging and the destination of each component of the packaging, as well as on the presence of substances of concern. This label shall serve the purpose of a uniform and intelligible information for all consumers, including for persons with disabilities.
2023/06/05
Committee: IMCO
Amendment 356 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Packaging subject to deposit and return systems referred to in Article 44(1) shall, in addition to the labelling referred to in the first subparagraph, be marked with a harmonised label established in the relevant implementing act adopted pursuant to paragraph 5. It is essential that the packaging-related labelling information work with the hazard and safety-related CLP labelling requirements. Therefore, it should be clear which labelling refers to the packaging and which relates to the product inside the packaging. All labelling must be clearly visible, readable and fully accessible by persons with disabilities.
2023/06/05
Committee: IMCO
Amendment 366 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. From [OP: Please insert the date = 48 months after the date of entry into force of this Regulation], reusable packaging placed on the market shall bear a label on packaging reusability and. The tracking of the packaging and the calculation of trips and rotations can be proved via a QR code or other type of digital data carrier that provides further information on packaging reusability including the availability of a system for re-use and of collection points, and that facilitates the tracking of the packaging and the calculation of trips and rotationss well as using statistical statements based on inventory data. In addition, reusable sales packaging shall be clearly identified and distinguished from single use packaging at the point of sale.
2023/06/05
Committee: IMCO
Amendment 380 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. Where a unit of pPackaging covered by Article 7 ishall be marked with a label containing information on the share of recycled content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5) and shall be based on the methodology pursuant to Article 7(7). Where a unit of plastic packaging is marked with a label containing information on the share of biobased plastic content, that label shall comply with the specifications laid down in the relevant implementing act adopted pursuant to Article 11(5).
2023/06/05
Committee: IMCO
Amendment 402 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. By [OP: Please insert the date = 182 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish a harmonised label and specifications for the labelling requirements and formats for the labelling of packaging referred to in paragraphs 1 to 3 and the labelling of waste receptacles referred to in Article 12. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
2023/06/05
Committee: IMCO
Amendment 408 #

2022/0396(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. By [OP: Please insert the date = 2418 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts to establish the methodology for identifying the material composition of packaging referred to in paragraph 1 by means of digital marking technologies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 59(3).
2023/06/05
Committee: IMCO
Amendment 443 #

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 3
3. Manufacturers shall keepdraw up and keep up to date the technical documentation referred to in Annex VII and the EU declaration of conformity for at least 10 years after the packaging has been placed on the market.
2023/06/05
Committee: IMCO
Amendment 447 #

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 4
4. Manufacturers shall ensure that procedures are in place for series production of packaging to remain in conformity with this Regulation. Changes in packaging design or in characteristics, as well as changes in harmonised standards, common technical specifications or other technical specifications by reference to which conformity is declared or by application of which its conformity is verified, shall be adequately taken into account by manufacturers. In case the manufacturers finds that the packaging’s conformity may be affected, they shall carry out without undue delay a re- assessment in accordance with the conformity assessment procedure specified in Article 33 and Annex VII, or have it carried out on their behalf.
2023/06/05
Committee: IMCO
Amendment 451 #

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 6
6. Manufacturers shall indicate on the packaging or on a QR code or another data carrier their name, registered trade name or registered trade mark as well as the postal address, the telephone number and where available, the electronic means of communication, where they can be contacted. Where that is not possible, the required information shall be provided as part of the information through the QR code referred to in Article 11(2) or the data carrier referred to in Article 11(4) or in a document accompanying the packaged product. The postal address shall indicate a single point at which the manufacturer can be contacted. Such information shall be clear, understandable and legible.
2023/06/05
Committee: IMCO
Amendment 454 #

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 7
7. Manufacturers shall ensure that information provided in accordance with paragraphs 5 and 6 is clear, understandable and legible, legible and accessible for persons with disabilities, and does not replace, obscure or can be confused with information required by other Union legislation on the labelling of the packaged product.
2023/06/05
Committee: IMCO
Amendment 456 #

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 8
8. Manufacturers who consider or have reason to believe that packaging which they have placed on the market is not in conformity with one or more of the applicable requirements set out in Articles 5 to 11 shall immediately take the corrective measures necessary to bring that packaging into conformity, to withdraw it or recall it, as appropriate. Manufacturers shall immediately inform their distributors and the market surveillance authority of the Member State in which they made the packaging available of the suspected non- compliance and of any corrective measures taken.
2023/06/05
Committee: IMCO
Amendment 461 #

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a national authority, provide all the information and documentation necessary to demonstrate the conformity of the packaging, including the technical documentation in a language, or languages, which can be easily understood by that authority. That information and documentation shall be provided in either paper or electronic form. The relevant documents shall be made available within 10 days of receipt of the request from the national authority. Manufacturers shall cooperate with the national authority on any action taken to remedy any case of non-compliance with the requirements set out in Articles 5 to 10.
2023/06/05
Committee: IMCO
Amendment 464 #

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 9 a (new)
9a. If manufacturers fail to cooperate with market surveillance authorities or if the information and documentation provided is incomplete or incorrect, market surveillance authorities shall take all appropriate measures to prohibit or restrict its packaging from being available on the market, to withdraw it from the market or to recall it until the manufacturer cooperates or provides complete and correct information.
2023/06/05
Committee: IMCO
Amendment 468 #

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 9 b (new)
9b. Manufacturers established outside of the Union shall ensure that its authorised representative has the necessary documentation permanently available in order to fulfil the tasks referred to in Article 15(2).
2023/06/05
Committee: IMCO
Amendment 469 #

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 9 c (new)
9c. Manufacturers shall make publicly available communication channels such as a telephone number, electronic address or dedicated section of their website, taking into account accessibility needs for persons with disabilities, allowing consumers to file complaints and to inform them of risks related to their health and safety or to other aspects of public interest protection, including environmental risks, and of any serious incident involving packaging.
2023/06/05
Committee: IMCO
Amendment 470 #

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 9 d (new)
9d. Manufacturers shall investigate complaints and information on incidents involving packaging they made available on the market without undue delay and shall keep an internal register of those complaints as well as of product recalls and any corrective measures taken to bring the product into conformity.
2023/06/05
Committee: IMCO
Amendment 471 #

2022/0396(COD)

Proposal for a regulation
Article 13 – paragraph 9 e (new)
9e. Personal data stored in the internal register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encoded.
2023/06/05
Committee: IMCO
Amendment 473 #

2022/0396(COD)

Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
AWhere a manufacturer may, by a written mandate, appoint an authorised representative. is established outside the Union, the packaging may only be made available on the Union market if the manufacturer appoints, by a written mandate, an authorised representative which is established in the Union.
2023/06/05
Committee: IMCO
Amendment 477 #

2022/0396(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point c
(c) further to a reasoned request from a national authority, provide that authority with a copy of the mandate and with all the information and documentation necessary to demonstrate the conformity of packaging in a language or languages, which can be easily understood by that authority;
2023/06/05
Committee: IMCO
Amendment 478 #

2022/0396(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point c a (new)
(c a) immediately inform the manufacturer if the authorised representative has a reason to believe that a packaging presents a risk to the health or safety of natural persons or to other aspects of public interest protection, including environmental risks, or if it is aware of any serious incident involving a packaging;
2023/06/05
Committee: IMCO
Amendment 479 #

2022/0396(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point c b (new)
(c b) immediately inform the manufacturer about complaints received by consumers;
2023/06/05
Committee: IMCO
Amendment 481 #

2022/0396(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point e
(e) terminate the mandate if the manufacturer acts contrary to its obligations under this Regulation. and immediately inform the market surveillance authority of the Member State in which is established;
2023/06/05
Committee: IMCO
Amendment 482 #

2022/0396(COD)

Proposal for a regulation
Article 15 – paragraph 2 – point e a (new)
(e a) in case of change of authorised representative, the detailed arrangements for the change shall be clearly defined in an agreement between the manufacturer, where practicable the outgoing authorised representative, and the incoming authorised representative. That agreement shall address at least the date of termination of the mandate of the outgoing authorised representative and date of beginning of the mandate of the incoming authorised representative, as well as the transfer of documents, including confidentiality aspects and property rights.
2023/06/05
Committee: IMCO
Amendment 484 #

2022/0396(COD)

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1 – point -a (new)
(-a) the manufacturer is identified and an authorised representative in accordance with Article 15 has been appointed;
2023/06/05
Committee: IMCO
Amendment 486 #

2022/0396(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. Importers shall indicate on the packaging their name and their registered trade name or registered trade mark as well as the postal address, the telephone number and, where available, the electronic means of communication, where they can be contacted. Where that is not possible, the required information shall be provided via the data carrier or in a document accompanying the packaged product. The contact details shall be clear, understandable and legible.
2023/06/05
Committee: IMCO
Amendment 487 #

2022/0396(COD)

Proposal for a regulation
Article 16 – paragraph 4
4. Importers shall ensure that information provided in accordance with paragraph 3 is clear, understandable and legible, legible and accessible for persons with disabilities, and does not replace, obscure or can be confused with information required by other Union legislation on the labelling of the packaged product.
2023/06/05
Committee: IMCO
Amendment 488 #

2022/0396(COD)

Proposal for a regulation
Article 16 – paragraph 6
6. Importers who consider or have reason to believe that packaging, which they have placed on the market, is not in conformity with the applicable requirements set out in Articles 5 to 11 or presents a risk to the environment or human health, shall immediately take the corrective measures necessary to bring that packaging into conformity, to withdraw it or recall it, as appropriate.
2023/06/05
Committee: IMCO
Amendment 489 #

2022/0396(COD)

Proposal for a regulation
Article 16 – paragraph 7
7. Importers shall immediately inform the market surveillance authorities of the Member States in which they made the packaging available, as well as the manufacturer and where applicable, the authorised representative, of the suspected risk or non- compliance and of any corrective measures taken.
2023/06/05
Committee: IMCO
Amendment 491 #

2022/0396(COD)

Proposal for a regulation
Article 16 – paragraph 10
10. Importers shall cooperate with the competent national authority and with the manufacturer and, where applicable, with the manufacturer’s authorised representative, on any action taken to remedy any case of non- compliance with the requirements set out in Articles 5 to 11.
2023/06/05
Committee: IMCO
Amendment 493 #

2022/0396(COD)

Proposal for a regulation
Article 16 – paragraph 10 a (new)
10a. If importers fail to cooperate with market surveillance authorities or if the information and documentation provided is incomplete or incorrect, market surveillance authorities shall take all appropriate measures to prohibit or restrict its packaging from being available on the market, to withdraw it from the market or to recall it until importers cooperate or provide complete and correct information.
2023/06/05
Committee: IMCO
Amendment 494 #

2022/0396(COD)

Proposal for a regulation
Article 16 – paragraph 10 b (new)
10b. Importers shall verify whether the communication channels referred to in Article 13(9c), are publicly available to consumers allowing them to submit complaints and communicate any risk related to their health and safety or to other aspects of public interest protection, including environmental risks, and of any serious incident involving packaging. If such channels are not available, the importer shall provide for them, taking into account accessibility needs for persons with disabilities.
2023/06/05
Committee: IMCO
Amendment 495 #

2022/0396(COD)

Proposal for a regulation
Article 16 – paragraph 10 c (new)
10c. Personal data stored in the internal register of complaints shall only be those personal data that are necessary for the importer to investigate the complaint. Such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encoded.
2023/06/05
Committee: IMCO
Amendment 505 #

2022/0396(COD)

Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1
Where a distributor, before making packaging available on the market, considers or has reason to believe that the packaging is not in conformity with the requirements set out in Articles 5 to 11 or presents a risk to the environment or human health or that the manufacturer is not complying with those applicable requirements, the distributor shall not make the packaging available on the market until it has been brought into conformity or until the manufacturer complies.
2023/06/05
Committee: IMCO
Amendment 508 #

2022/0396(COD)

Proposal for a regulation
Article 17 – paragraph 4 – subparagraph 2
Distributors shall immediately inform the market surveillance authorities of the Member States in which they made the packaging available as well as the manufacturer and where applicable, the authorised representative of the suspected non- compliance and of any corrective measures taken.
2023/06/05
Committee: IMCO
Amendment 510 #

2022/0396(COD)

Proposal for a regulation
Article 17 – paragraph 5 a (new)
5a. Distributors that have received complaints from consumers about suspected incidents involving packaging they made available on the market, shall immediately forward this information to the manufacturer and, where applicable, the manufacturer’s authorised representative and the importer. They shall keep a register of complaints, of non-conforming packaging and of recalls and withdrawals, and keep the manufacturer and, where available, the authorised representative and the importer informed of such monitoring and provide them with any information upon their request.
2023/06/05
Committee: IMCO
Amendment 513 #

2022/0396(COD)

Proposal for a regulation
Article 19 – title
Case in which obligations of manufacturers apply to importers and distribuother economic operators
2023/06/05
Committee: IMCO
Amendment 514 #

2022/0396(COD)

Proposal for a regulation
Article 19 – paragraph 1
An importer or a distributoeconomic operator other than the manufacturer shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Article 14, where they place packaging on the market under their own name or trademark or modify packaging already placed on the market in a way that may affect compliance with the relevant requirements of this Regulation.
2023/06/05
Committee: IMCO
Amendment 579 #

2022/0396(COD)

Proposal for a regulation
Article 34 – paragraph 4
4. By drawing up the EU declaration of conformity, the manufacturer assumes responsibility for the compliance of the packaging with the requirements laid down in this Regulation and with all applicable Union acts.
2023/06/05
Committee: IMCO
Amendment 584 #

2022/0396(COD)

Proposal for a regulation
Article 40 – paragraph 3 – introductory part
3. Providers of online platforms, falling within the scope of Section 4 of Chapter 3 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers shall obtain the following information from producers offering packaging to consumers located in the Union prior to allowing them to conclude sales on their platform or use their services:
2023/06/05
Committee: IMCO
Amendment 590 #

2022/0396(COD)

Proposal for a regulation
Article 40 – paragraph 3 a (new)
3a. Member States shall ensure that extended producer responsibility schemes for packaging dedicate a minimum of 10% of their budget to finance systems for re-use.
2023/06/05
Committee: IMCO
Amendment 620 #

2022/0396(COD)

Proposal for a regulation
Article 63 – paragraph 1
By [OP: Please insert the date = 85 years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of packaging. The Commission shall present a report on the main findings of that evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. Member States shall provide the Commission with the information necessary for the preparation of that report.
2023/06/05
Committee: IMCO
Amendment 178 #

2022/0278(COD)

Proposal for a regulation
Recital 1
(1) Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market (also referred to as the Single Market and its supply chains, businesses, workers and consumers can be severely affected by such crises, and appropriate crisis management tools and coordination mechanisms are either lacking, do not cover all aspects of the Single market or do not allow for a timely response to such impacts.
2023/03/31
Committee: IMCO
Amendment 185 #

2022/0278(COD)

Proposal for a regulation
Recital 3
(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and ofclarity as to which part of the national administration to contact to find rapid solutions to the impact on the Single Market being cause by the crisis. In addition it became clear that uncoordinated restrictive actions taken by the Member States would further aggravate the impacts of the crisis on the Single market. It emerged that there is a need for arrangements between the Member States and Union authorities as well as stakeholders and social partners as regards contingency planning, technical level coordination and cooperation and information exchange.
2023/03/31
Committee: IMCO
Amendment 189 #

2022/0278(COD)

Proposal for a regulation
Recital 4
(4) Representative organisations of economic operators and social partners have suggested that economic operators did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisis. It is necessary to improve the availability of information on national and Union level crisis response measures
2023/03/31
Committee: IMCO
Amendment 192 #

2022/0278(COD)

Proposal for a regulation
Recital 5
(5) These recent events have also highlighted the need for the Union to be better prepared for possible future crises, especially as we consider the continuaggravating effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. Given the fact that it is not known which kind of crises could come up next and produce severe impacts on the Single Market and its supply chains in the future, it is necessary to provide for an instrument that would apply with regards to impacts on the Single Market of a wide range of crises.
2023/03/31
Committee: IMCO
Amendment 194 #

2022/0278(COD)

Proposal for a regulation
Recital 7
(7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preventing, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains. . while fully respecting and safeguarding fundamental human rights. by fostering its resilience. In order to do so, this Regulation should support the EU Green Deal’s objectives and the Green Deal Industrial Plan, including the transition to a full circular economy by 2050 based on short and diverse supply chains, less dependence on raw materials’ imports as well as high environmental, social and consumer protection standards while fully respecting and safeguarding fundamental human rights.
2023/03/31
Committee: IMCO
Amendment 201 #

2022/0278(COD)

Proposal for a regulation
Recital 9 – indent 1
— the necessary means to ensure the continued functioning of the Single Market, the businesses that operate on the Single Market and its strategic supply chains, including the free circulation of goods, services and persons in times of crisis and the availability of crisis relevant goods and services to citizens, businesses and public authorities at the time of crisis; while making sure that freedom of movement can be preserved under safe conditions especially for workers involved in the production and provision of those goods and services;
2023/03/31
Committee: IMCO
Amendment 208 #

2022/0278(COD)

Proposal for a regulation
Recital 9 – indent 3
— the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses, workers and citizens during a crisis.
2023/03/31
Committee: IMCO
Amendment 211 #

2022/0278(COD)

Proposal for a regulation
Recital 10
(10) Where possible, this Regulation should allow for anticipation and prevention of events and crises, building on on-going analysis concerning strategically important areas of the Single Market economy and the Union’s continuous foresight work.
2023/03/31
Committee: IMCO
Amendment 216 #

2022/0278(COD)

Proposal for a regulation
Recital 16
(16) In order to account for the exceptional nature of and potential far- reaching consequences for the fundamental operation of the Single Market of a Single Market emergency, implementingvigilance and emergency, delegated powers should exceptionally be conferred ton the Councilmmission for the activation of Single Market vigilance and emergency mode pursuant to Article 281(2) of the Treaty on the Functioning of the European Union.
2023/03/31
Committee: IMCO
Amendment 219 #

2022/0278(COD)

Proposal for a regulation
Recital 17
(17) Article 21 TFEU lays down the right of EU citizens to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. The detailed conditions and limitations are laid down in Directive 2004/38/EC. This Directive sets out the general principles applicable to these limitations and the grounds that may be used to justify such measures. These grounds are public policy, public security or public health. InMember States shall refrain from introducing restrictions on the free movement of Union citizens and their family members and of this rd-countext, restrictions to freedom of movement can be justified if they are proportionate and non-ry nationals legally staying or residing in the territories of the Member States as well as refugees and beneficiaries of international protection that restrict on grounds of public policy, public security and public health without individual risk assessment or that are directly discriminatory. This Regulation is not intended to provide for additional grounds for the limitation of the right to free movement of persons beyond those provided for in Chapter VI of Directive 2004/38/EC.
2023/03/31
Committee: IMCO
Amendment 224 #

2022/0278(COD)

Proposal for a regulation
Recital 19
(19) Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to preinforcserve free movement of persons, increase transparency and provide administrative assistance during Single Market emergencies while ensuring the safety of persons exercising their freedom of movement also in times of crisis. Such measures include setting up and making available of the single points of contact to workers and their representatives in the Member States and at Union level during the Single Market vigilance and emergency modes under this regulation.
2023/03/31
Committee: IMCO
Amendment 227 #

2022/0278(COD)

Proposal for a regulation
Recital 20
(20) If Member States should refrain from adopting measures affecting the free movement of goods or persons, goods or the freedom to provide services in preparation for and during Single Market emergencies, they should limit such measures to what isunless justified on grounds of legitimate public policy, security and health, in a proportionate and non-discriminatory manner. Especially in Single Market emergencies, citizens, workers, consumers and businesses depend on a well functioning Single Market and on the preservation of safe freedom of movement. Therefore, any such measures restricting the free movement of goods and services have to be limited to what is absolutely necessary and have to be remove themd as soon as the situation allows it. Such measures should respect the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regionsgive special regard to the particular situation of border regions, to the provision of services that are essential to the functioning of the affected sector and to sectors that are notably dependent on mobile workers especially in services of general interest. Workers who due to the nature of their tasks and responsibilities are objectively unable to work remotely should not be subject to undue restrictions as long as their safety can be guaranteed.
2023/03/31
Committee: IMCO
Amendment 231 #

2022/0278(COD)

Proposal for a regulation
Recital 21
(21) The activation of the Single Market emergency mode should trigger an obligation for the Member States to notify crisis-relevant free movement restrictionsMember States shall notify any free movement restrictions without delay, and give a justified assessment of their proportionality and necessity.
2023/03/31
Committee: IMCO
Amendment 235 #

2022/0278(COD)

Proposal for a regulation
Recital 22
(22) When examining the compatibility of any notified draft or adopted measures with the principle of necessity and proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider based on any available information, including specialised or scientific information,consult with stakeholders such as social partners in order to assess the impact on the labour market. The Commission should assess the merits of Member State arguments including those relying on the precautionary principle enshrined in Article 191 TFEU as a reason for adoption of free movement of persons restrictions. It is the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the Single Market and to the right to free movement. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time-limits set out by this Regulation.
2023/03/31
Committee: IMCO
Amendment 236 #

2022/0278(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure that the specific Single Market vigilance and emergency measures provided for in this Regulation are used only where this is indispensable for preparing for or responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementingand deactivation by means of delegated acts, which indicate the reasons for such activation and the crisis-relevant goods or services that such measures apply to. On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable delegated acts as referred to in Articles 9, 10, and 14, 15 and 23 in accordance with the procedure referred to in Article 42(3). In order to ensure transparency and democratic scrutiny, the European Parliament has the right to demand the Commission to annually report on the ongoing monitoring of the Single Market’s crisis preparedness, including its mapping of supply chains and the undertaken stress tests, including climate stress tests, on measures taken to increase its resilience as well as on measures taken under vigilance and emergency modes in particular vigilance and emergency situations.
2023/03/31
Committee: IMCO
Amendment 239 #

2022/0278(COD)

Proposal for a regulation
Recital 24
(24) Furthermore, in order to ensure the proportionality of the implementingdelegated acts and due respect for the role of economic operators in crisis management, the Commission should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary basis within a reasonable time, this exchange should be thoroughly and clearly documented. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.
2023/03/31
Committee: IMCO
Amendment 242 #

2022/0278(COD)

Proposal for a regulation
Recital 26
(26) The activation of the Single Market emergency mode, where needed, should also trigger the application of certain crisis- response procedures which introduce adjustments to the rules governing the design, manufacture, conformity assessment and the placing on the market of goods subject to Union harmonised rules in full respect of the precautionary principle of Article 191 TFEU to ensure a high level of protection when it comes to human, animal, plant and environmental health. These crisis-response procedures should enable products, designated as crisis-relevant goods to be placed swiftly on the market in an emergency context. TWhen in Union harmonisation legislation, the conformity assessment is carried out by a third party, the conformity assessment bodies should prioritise the conformity assessment of crisis-relevant goods over any other ongoing applications for other products. On the other hand, in cases, where there are undue delays in the conformity assessment procedures, the national competent authorities should be able to issue authorisations for products, which have not undergone the applicable conformity assessment procedures to be placed on their respective market, provided that they comply with the applicable safety requirements. Such author, social and environmental legislations shall be only valid on the territory of the issuing Member State and laid down in relevant Union harmonisation legislation, including harmonised standards. A rolling review can ensure that the latest scientific evidence is taken into account. Such authorisations shall be only limited to the duration of the Single Market emergency and for a maximum of six months. In addition, in order to facilitate the increase in supply of crisis-relevant products, certain flexibilities should be introduced with respect to the mechanism of presumption of conformity. In order to ensure transparency about the products being placed on the market in one member state in a state of emergency under the presumption of conformity, a traceability tool shall give economic operators, market surveillance authorities and consumers the transparency and information needed about a product and its conformity. To enable regular monitoring of crisis relevant goods and goods that risk on becoming crisis- relevant, a traceabiliy tool therefore shall cover these products. In the context of a Single Market emergency, the manufacturers of crisis-relevant goods should be able to rely also on national and international standards, whichif they provide an equivalent level of protection to the harmonised European standards. In cases where the later do not exist or the compliance with them is rendered excessively difficult by the disruptions to the Single Market, the Commission should be able to issue common technical specifications of voluntary or of mandatory application in order to provide ready-to-use technical solutions to the manufacturers.
2023/03/31
Committee: IMCO
Amendment 247 #

2022/0278(COD)

Proposal for a regulation
Recital 29
(29) In order to leverage the purchasing power and negotiating position of the Commission during the Single Market vigilance mode and the Single Market emergency mode, Member States should be able to request the Commission to procure on their behalf. Mandates and contracts of such joint procurement undertakings should be made available to the public.
2023/03/31
Committee: IMCO
Amendment 250 #

2022/0278(COD)

Proposal for a regulation
Recital 30
(30) Where there is a severe shortage of crisis-relevant products or services on the Single market during a Single Market emergency, and it is clear that the economic operators that operate on the Single market do not produce any such goods, but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed, the Commission should be able to recommend to the Member States as a last resort to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis- relevant services. In doing so the Commission would inform the Member States, the advisory group and the European Parliament as to the severity of the shortage and the type of the crisis- relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the EU acquis for such purposes.
2023/03/31
Committee: IMCO
Amendment 251 #

2022/0278(COD)

Proposal for a regulation
Recital 31
(31) The measures ensuring regulatory flexibility would allow the Commission to recommend that Member States accelerate the procedures for granting permits that would be necessary for enhancement of the capacity to produce crisis-relevant goods or provide crisis-relevant services without prejudice to the precautionary principle and fully respecting environmental, social and consumer protection standards.
2023/03/31
Committee: IMCO
Amendment 254 #

2022/0278(COD)

Proposal for a regulation
Recital 32
(32) Additionally, to ensure that crisis- relevant goods are available during the Single Market emergency, the Commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant, or the orders of such final goods themselves. Should an economic operator refuse to accept and prioritise such orders, following objective evidence that the availability of crisis-relevant goods is indispensable, the Commission may decide to invitshould oblige the economic operators concerned to accept and prioritise certain orders, the fulfilment of which will then take precedence over any other private or public law obligations. In the event of failure to accept, the operator in question should explain its legitimate reasons for declining the request. The Commission mayshould make such reasoned explanation or parts of it public, with due regard to business confidentiality.
2023/03/31
Committee: IMCO
Amendment 256 #

2022/0278(COD)

Proposal for a regulation
Recital 33
(33) Furthermore, to ensure availability of crisis-relevant goods during the Single Market emergency, the Commission may recommend that Member States distribute strategic reserves, having with due regard to the principles of solidarity, necessity and proportionality. Intra-EU export bans shall be prohibited.
2023/03/31
Committee: IMCO
Amendment 260 #

2022/0278(COD)

Proposal for a regulation
Recital 35
(35) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the possibility to adopt supportive measures for facilitating free movement of persons and their protection, for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the Member States should maintain, so that the objectives of the initiative are achieved. Furthermore, implementingdelegated powers should be conferred on the Commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. Moreover, implementingdelegated powers should be conferred on the Commission as regards activation of specific emergency response measures at the time of a Single Market emergency, to allow for a rapid and coordinated response. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
2023/03/31
Committee: IMCO
Amendment 264 #

2022/0278(COD)

Proposal for a regulation
Recital 36
(36) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’) and the right to liberty and security of person (Article 6). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to collective bargaining and action protected by Article 26 of the Charter as well as the right to strike and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. 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 that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.
2023/03/31
Committee: IMCO
Amendment 268 #

2022/0278(COD)

Proposal for a regulation
Recital 38
(38) The Union framework shall include interregional elements to establish coherent, multi-sectoral, cross-border Single Market vigilance and emergency response measures, in particular considering the resources, capacities and vulnerabilities across neighbouring regions, specifically border regions and cross-border workers and service providers in their local labour markets.
2023/03/31
Committee: IMCO
Amendment 275 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a 1. framework of measures to anticipate, prevent, prepare for and respond to impacts of crises on the Single Market, with the purpose of safeguarding the free movement of goods, services and persons, the functioning of the labour market, mobile and cross-border workers’ safety when exercising free movement, a high level of environmental, social and consumer protection and of ensuring the availability of goods and services of strategic importance and crisis- relevant goods and services in the Single Market.
2023/03/31
Committee: IMCO
Amendment 283 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) an advisory group to advise the Commission on the appropriate measures for anticipating, preparing, preventing or responding to the impact of a crisis on the Single Market;
2023/03/31
Committee: IMCO
Amendment 286 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point c
(c) contingency measures aiming at anticipation and planning, preparing, preventing and planning in order to strengthen the Single Market’s resilience;
2023/03/31
Committee: IMCO
Amendment 291 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point d
(d) measures for addressing Single and labour Market impacts of significant incidents that have not yet resulted in a Single Market emergency (Single Market vigilance), including a set of vigilance measures and
2023/03/31
Committee: IMCO
Amendment 296 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 3
3. Member States shall regularly exchange information on all matters falling within the scope of this Regulation among themselves, with the advisory group, the European Parliament and with the Commission.
2023/03/31
Committee: IMCO
Amendment 302 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 4 a (new)
4 a. This Regulation shall not affect the fundamental rights as recognised at EU level and in Member States , including the freedom or right to strike or to take other action covered by the specific industrial relations systems in Member States.
2023/03/31
Committee: IMCO
Amendment 343 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘goods and, services and technology of strategic importance’ means goods and, services and technology that are indispensable for ensuring the functioning of the Single Market in strategically important areas and which cannot be substituted or diversified in a timely manner;
2023/03/31
Committee: IMCO
Amendment 348 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 6
(6) ‘crisis-relevant goods and, services and technology’ means goods and, services and technology that are indispensable for responding to the crisis or for addressing the impacts of the crisis on the Single Market during a Single Market emergency ;
2023/03/31
Committee: IMCO
Amendment 374 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission may inviteshall ensure the presence of a representative of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49 , representatives of economic operators, stakeholder organisations, social partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis- relevant bodies at Union level as observers to the relevant meetings of the advisory group. __________________ 49 OJ L 1, 3.1.1994, p. 3.
2023/03/31
Committee: IMCO
Amendment 377 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 4 – introductory part
4. For the purpose of contingency planning and strengthening the Single Market’s resilience under Articles 6 to 8, the advisory group shall assist and advise the Commission as regards the following tasks:
2023/03/31
Committee: IMCO
Amendment 382 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 4 – point b
(b) assessingment of significant incidents that the Member States have alerted the Commission to with regards to their impact on the free movement of goods, persons and services and on the labour market.
2023/03/31
Committee: IMCO
Amendment 387 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 4 – point b a (new)
(b a) assessing measures taken by the European Commission to strengthen the Single Market’s resilience such as mapping of relevant supply chains with relevant economic operators and technology as well as stress tests, including climate stress tests, conducted by the European Commission.
2023/03/31
Committee: IMCO
Amendment 397 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 5 – point c
(c) consulting the representatives of economic operators, including SMEs, as well as social partners and industry to collect market intelligence;
2023/03/31
Committee: IMCO
Amendment 416 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. The Commission shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory group shall cooperate and coordinate closely, where appropriate, with other relevant crisis-related bodies at Union level. The Commission shall ensure coordination with the measures implemented through other Union mechanisms, such as the Union Civil Protection Mechanism (UCPM) or the EU Health Security Framework. The advisory group shall ensure information exchange with the Emergency Response Coordination Centre under the UCPM. The Commission shall annually report to the European Parliament on the work of the advisory board.
2023/03/31
Committee: IMCO
Amendment 439 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. The Commission taking into consideratibuilding upon the opinion of the advisory group and the input of relevant Union level bodies, is empowered after consulting the Member States, to adopt a delegated act to supplement this Regulation with a framework setting out crisis protocols regarding crisis cooperation, exchange of information and crisis communication for the Single Market vigilance and emergency modes, in particular:
2023/03/31
Committee: IMCO
Amendment 441 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point a
(a) cooperation between national and Union level competent authorities for the exchange of Single Market resilience measures, the management of the Single Market vigilance and emergency modes in vigilance and emergency modes across the sectors of the Single Market;
2023/03/31
Committee: IMCO
Amendment 443 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) a coordinated approach to risk and crisis communication also vis-à-vis the public and stakeholders with a coordinating role for the Commission;
2023/03/31
Committee: IMCO
Amendment 449 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of economic operators and social partnesocial partners and economic operators , including SMEs, on their initiatives and actions to mitigate andactions to respond to potentialssible supply chain disruptions and overcomresolve potential shortages of goods and services in the Single Market; including their impact on the labour markets and measures put in place to protect the safety and rights of workers and service providers in the identified strategic areas;
2023/03/31
Committee: IMCO
Amendment 462 #

2022/0278(COD)

Proposal for a regulation
Article 7 – paragraph 1
The Commission shall organise the training on crisis preparation, coordination, cooperation, communication and information exchange referred to in Article 6 for the staff of the designated central liaison offices. It shall organise simulations involving the staff of the central liaison offices from all Member States based on potential scenarios of Single Market emergencies.
2023/03/31
Committee: IMCO
Amendment 473 #

2022/0278(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point a
(a) the number of economic operators affected by the disruption or potential disruption, including possible disruptions of the labour market;
2023/03/31
Committee: IMCO
Amendment 493 #

2022/0278(COD)

Proposal for a regulation
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking into consideration the opinion provided by the advisory group, considers that the threat referred to in Article 3(2) is present, it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. Such an implementing act shall contain the following: delegated act which shall be immediately applicable in accordance with the procedure referred to in Article 43a.
2023/03/31
Committee: IMCO
Amendment 497 #

2022/0278(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point a
(a) an assessment of the potential impact of the crisis, laying out why this crisis is of critical importance to the Union and its Member States, pointing out why this crisis is of systemic and vital importance for public security, public safety, public order or public health, and how this crisis would have a significant impact on the functioning of the Single Market;
2023/03/31
Committee: IMCO
Amendment 508 #

2022/0278(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The implementingdelegated act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 412(2).
2023/03/31
Committee: IMCO
Amendment 517 #

2022/0278(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. The Commission, if it considers that the reasons for activating the vigilance mode pursuant to Article 9(1) remain valid, and taking into consideratibuilding upon the opinion provided by the advisory group, may extend the vigilance mode for a maximum duration of six months by means of an implementingdelegated act.
2023/03/31
Committee: IMCO
Amendment 522 #

2022/0278(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. Where the Commission, taking into consideratibuilding upon the opinion provided by the advisory group, finds that the threat referred to in Article 3(2) is no longer present, with respect to some or all vigilance measures or for some or all of the goods and services, it shall deactivate the vigilance mode in full or in part by means of an implementingdelegated act.
2023/03/31
Committee: IMCO
Amendment 523 #

2022/0278(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Implementing acts referred to in paragraphs 1 and 2 shall be adopted in accordance with the examination procedure referred to in Article 42(2).deleted
2023/03/31
Committee: IMCO
Amendment 531 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. When the vigilance mode has been activated in accordance with Article 9, national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the implementingdelegated act activating the vigilance mode.
2023/03/31
Committee: IMCO
Amendment 540 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. Member States shall set up and maintain an inventory of the most relevant economic operators established on their respective national territory that operate along the supply chains of goods and services of strategic importance that have been identified in the implementingdelegated act activating the vigilance mode.
2023/03/31
Committee: IMCO
Amendment 542 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. On the basis of the inventory set up pursuant to Article 6, national competent authorities shall address requests for voluntary provision of information to the most relevant operators along the supply chains of goods and services identified in the implementingdelegated act adopted pursuant to Article 9 and other relevant stakeholders established in their respective national territory. Such requests shall in particular states which information about factors impacting the availability of the identified goods and services of strategic importance isand about the impact on the labour market are requested. Each economic operator/stakeholder that voluntarily provides information shall do so on an individual basis in line with the Union rules on competition governing the exchange of information. The national competent authorities shall transmit the relevant findings to the Commission and the advisory group without undue delay via the respective central liaison office.
2023/03/31
Committee: IMCO
Amendment 551 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. The Commission may askshall consult with the advisory group to discuss theon findings and prospects of evolution based on the monitoring of supply chains of goods and services of strategic importance.
2023/03/31
Committee: IMCO
Amendment 554 #

2022/0278(COD)

Proposal for a regulation
Article 11 – paragraph 7
7. On the basis of the information collected through the activities carried out in accordance with paragraph 1, the Commission mayshall provide a report of the aggregated findings.
2023/03/31
Committee: IMCO
Amendment 560 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
The Commission may, among the goods of strategic importance listed in an implementingdelegated act adopted pursuant to Article 9(1),, identify those for which it may be necessary to build a reserve in order to prepare for a Single Market emergency, taking into account the probability and impact of shortages on vital societal and vital economic activities. The Commission shall inform the Member States, the European Parliament and advisory board thereof.
2023/03/31
Committee: IMCO
Amendment 565 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
The Commission mayshall require, by means of implementing acts, that the Member States provide information on the goods listed in an implementing act adopted pursuant to Article 9(1), as regards all of the following:
2023/03/31
Committee: IMCO
Amendment 572 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. Taking due account of stocks held or being built up by economic operators on their territory, Member States shall deploy their best efforts to build up strategic reserves of the goods of strategic importance identified in accordance with paragraph 1. The Commission shall provide support to Member States to coordinate and streamline their efforts.
2023/03/31
Committee: IMCO
Amendment 574 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 4 – introductory part
4. Where the building of strategic reserves of goods of strategic importance identified pursuant to paragraph 1 can be rendered more effective by streamlining among Member States, the Commission mayshall draw up and regularly update, by means of implementing acts, a list of individual targets regarding the quantities and the deadlines for those strategic reserves that the Member States should maintain. When setting the individual targets for each Member State, the Commission shall take into account:
2023/03/31
Committee: IMCO
Amendment 577 #

2022/0278(COD)

Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 2 – introductory part
Following such an assessment, where the Commission establishes, supported by objective data, which is factual, measurable, substantiated and not informed by bias that
2023/03/31
Committee: IMCO
Amendment 583 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. When assessing the severity of a disruption for the purposes of ascertaining whether the impact of a crisis on the Single Market qualifies as a Single Market emergency, the Commission shall, based on concrete and reliable evidence, takinge into account at least the following indicators:
2023/03/31
Committee: IMCO
Amendment 586 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)
(a a) when the freedom of movement of persons, goods and/or on services was already or is likely to be severely impacted because of the crisis;
2023/03/31
Committee: IMCO
Amendment 591 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) an estimation of the number of economic operations or us, users or consumers relying on the disrupted sector or sectors of the Single Market for the provision of the goods or services concerned;
2023/03/31
Committee: IMCO
Amendment 596 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point d
(d) the impacts in terms of degree and duration on economic and societal activities, the environmentclimate, the environment, consumers, workers and public safety;
2023/03/31
Committee: IMCO
Amendment 608 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point h
(h) the importance of economic operators in the affected seconomic operator in maintaining a sufficient level of supply of the goods or services, taking into account the availability of alternative means for the provision of those goods or services; and
2023/03/31
Committee: IMCO
Amendment 618 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Where the Commission, taking into consideratibuilding upon the opinion provided by the advisory group, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode by means of a delegated act which shall be immediately applicable in accordance with the procedure referred to in Article 43a.
2023/03/31
Committee: IMCO
Amendment 624 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. The Council may activate the Single Market emergency mode by means of a Council implementing act. The duration of the activation, shall be specified in the implementingdelegated act, and shall be a maximum of six months.
2023/03/31
Committee: IMCO
Amendment 633 #

2022/0278(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. As soon as the Single Market emergency mode is activated, the Commission shall, in consultation with the advisory group including relevant stakeholders, without delay, adopt a list of crisis-relevant goods and services and sectors that are notably depending on mobile workers by means of an implementing act. The list may be amended by means of implementing acts.
2023/03/31
Committee: IMCO
Amendment 647 #

2022/0278(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Where the Commission considers, taking into consideratibuilding upon the opinion provided by the advisory group, that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single Market emergency mode by means of a delegated act which shall be immediately applicable in accordance with the procedure referred to in Article 43a. Subject to urgent and exceptional changes in circumstances, the Commission shall endeavour to do so no later than 30 days before the expiry of the period for which the Single Market emergency mode has been activated. The Council may extend the Single Market emergency mode by no more than six months at a time by means of an implementing act and for a maximum duration of six months.
2023/03/31
Committee: IMCO
Amendment 651 #

2022/0278(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. Where the advisory group has concrete and reliable evidence that the Single Market emergency should be deactivated, it may formulate an opinion to that effect and transmit it to the Commission. Where the Commission, taking into consideratibuilding upon the opinion provided by the advisory group, considers a Single Market emergency no longer exists, it shall propose to the Council without delay propose the deactivation of the Single Market emergency mode by means of a delegated act.
2023/03/31
Committee: IMCO
Amendment 667 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. Any restriction shall be limited in time and removed as soon as the situation allows it. Additionally, any restriction should take into account the situation of border regions and their cross-border and mobile workers.
2023/03/31
Committee: IMCO
Amendment 670 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. Any requirement imposed on citizens, workers and businesses shall not create an undue or unnecessary administrative burden.
2023/03/31
Committee: IMCO
Amendment 675 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner so as to facilitate cross-border coordination in close cooperation with social partners at national and local level.
2023/03/31
Committee: IMCO
Amendment 686 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) intraUnion export bans or other measures having equivalent effect on crisis-relevant goods or services listed in an implementing act adopted pursuant to Article 14, paragraph 5;
2023/03/31
Committee: IMCO
Amendment 689 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point b
(b) restrictions on the intra-EU export of goods or provision or receipt of services, or measures having equivalent effect, where those restrictions do any of the following (i) relevant goods and services that are listed in an implementing act adopted pursuant to Article 14, paragraph 5, or (ii) such goods and services in the single market;deleted disrupt supply chains of crisis- create or increase shortages of
2023/03/31
Committee: IMCO
Amendment 695 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point d – introductory part
(d) restrictions on the free movement of persons involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to Article 14, paragraph 5 and their parts or in provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14 paragraph 5 or which are essential to the functioning of the relevant sectors, or other measures having equivalent effect, that:
2023/03/31
Committee: IMCO
Amendment 699 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 a (new)
1 a. Restrictions on the free movement of Union citizens and their family members and of third-country nationals legally staying or residing in the territories of Member States, as well as of refugees and beneficiaries of international protection, or other measures having equivalent effect, that: (i) restrict the freedom of movement on grounds of public policy, public security or public health without individual risk assessment or (ii) are directly discriminatory based on the nationality of the person.
2023/03/31
Committee: IMCO
Amendment 713 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point d
(d) imposing prohibitions on travel, including travel for imperative family reasons, which are not appropriate for the achievement of any legitimate public interest purportedly pursued by such measures or which manifestly go beyond what is necessary to achieve that aim including established partnerships;
2023/03/31
Committee: IMCO
Amendment 716 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point e
(e) imposing restrictions on workers and service providers and their representatives, unless to do so in inherent to the nature of the crisis/Single Market emergency and it does not manifestly go beyond what is necessary for that purpose. with due regard to mobile and cross border workers, in particular those which require on-location work;
2023/03/31
Committee: IMCO
Amendment 721 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 6 – point a
(a) Those service providers that provide crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5), or business representatives or workers that are involved in production of crisis-relevant goods or provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14(5) including those that are essential to the functioning of the affected sector to allow them to have access to the place of their activities, if activities in the sector concerned are still allowed in the Member State;
2023/03/31
Committee: IMCO
Amendment 723 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 7
7. When taking the measures referred to in this provision, the Member States shall ensure full compliance with the Treaties and Union law, including the protection of workers, service providers and business representatives, ensuring they are able to exercise their freedom of movement under safe conditions. Nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.
2023/03/31
Committee: IMCO
Amendment 728 #

2022/0278(COD)

Proposal for a regulation
Article 18 – paragraph 1
1. During the Single Market emergency mode, the Commission may provide for supportive measures to reinforcfacilitate free movement of persons referred to in Article 17(6) and 17(7) and to ensure that they can exercise their freedom of movement under safe conditions by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 422(2). On duly justified imperative grounds of urgency relating to the impacts of the crisis on the Single Market, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(3).
2023/03/31
Committee: IMCO
Amendment 739 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. Member States shall provide to the Commission a statement of the reasons which make the enactment of such measure justified and proportionate, where those reasons have not already been made clear in the notified measureaccompanied by an assessment of the necessity and proportionality of such measures. Member States shall assess in particular whether the proposed measures are likely to adequately remedy or address the Single Market emergency and whether other less restrictive measures could attain the same objective, having regard to the impact of the adopted measures on freedom of movement and other fundamental rights, their scope and duration. Member States shall communicate to the Commission the full text of the national legislative or regulatory provisions which contain or are modified by the measure.
2023/03/31
Committee: IMCO
Amendment 745 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 5
5. If the advisory group chooses to deliver an opinion on a notified measure, it shall do so within fourtwo working days from the date of receipt by the Commission of the notification concerning that measure.
2023/03/31
Committee: IMCO
Amendment 747 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. The Commission shall ensure that citizens and businesses are informed of the notified measures, unless Member States request that the measures remain confidential, or the Commission deems disclosure of those measures would affect the security and public order of the European Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Article.
2023/03/31
Committee: IMCO
Amendment 750 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 8
8. Within 105 days from the date of receipt of the notification, the Commission shall examine the compatibility of any draft or adopted measure with Union law, including Articles 16 and 17 of this Regulation as well as the principles of proportionality and non-discrimination, and may provide comments on the notified measure when there are immediately obvious and serious grounds to believe that it does not comply with Union law. Such comments shall be taken into account by the notifying Member State. In exceptional circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation, the period of 105 days may be extended by the Commission. The Commission shall set out the reasons justifying any such extension, shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.
2023/03/31
Committee: IMCO
Amendment 753 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 10
10. The notifying Member State shall communicate the measures it intends to adopt in order to comply with the comments delivered in accordance with paragraph 8 to the Commission within 105 days after receiving them.
2023/03/31
Committee: IMCO
Amendment 756 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 11
11. If the Commission finds that the measures communicated by the notifying Member State are still not in accordance with Union law, it may issue within 3015 days of that communication, a decision requiring that Member State to refrain from adopting the notified draft measure. The notifying Member State shall communicate the adopted text of a notified draft measure to the Commission without delay.
2023/03/31
Committee: IMCO
Amendment 760 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 13
13. The period of 3015 days referred to in paragraphs 11 and 12 may be exceptionally extended by the Commission in order to take account of a change of circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation. The Commission shall set out the reasons justifying any such extension and shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.
2023/03/31
Committee: IMCO
Amendment 762 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 14
14. The Commission decisions referred to in paragraphs 11 and 12 shall be based on available information and may be issued when there are immediately obvious and serious grounds to believe that the notified measures do not comply with Union law, including Article 16 or 17 of this Regulation, the principle of proportionality or the principle of non-discrimination. The adoption of those decisions shall be without prejudice to the possibility for the Commission to adopt measures at a latIn case a Member State fails to notify the Commission or in case the Commission decides a measure taken by a Member sStage, including the launching ofte is non-compliant with EU law, the Commission shall launch an infringement procedure on the basis of Article 258 TFEU.
2023/03/31
Committee: IMCO
Amendment 769 #

2022/0278(COD)

Proposal for a regulation
Article 21 – paragraph 1 – point b a (new)
(b a) assistance in dissemination of information to businesses, consumers and workers by closely cooperating with stakeholders at national and local level such as social partners and consumer organisations.
2023/03/31
Committee: IMCO
Amendment 778 #

2022/0278(COD)

Proposal for a regulation
Article 22 – paragraph 2 – point a
(a) assistance in requesting and obtaining information as regards Union level and other Member States’ crisis response measures that are relevant to the activated Single Market emergency or which affect the exercise of the free movement of goods, services, persons and workers;
2023/03/31
Committee: IMCO
Amendment 787 #

2022/0278(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. Binding measures included in this Chapter may be adopted by the Commission by means of implementing acts in accordance with Articles 24(2), first subparagraph of Article 26 and Article 27(2) may be adopted only after a Single Market Emergency has been activated by means of a Council implementingdelegated act in accordance with Article 14.
2023/03/31
Committee: IMCO
Amendment 793 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. Where there is a severe crisis- related shortages or an immediate threat thereof, the Commission mayshall invite representative organisations or economic operators in crisis-relevant supply chains to transmit on a voluntary basis, within a set time limit, specific information to the Commission on the production capacities and possible existing stocks of crisis- relevant goods and components thereof in Union production facilities and third country facilities which it operates, contracts or purchases supply from, as well as information on any relevant supply chain disruptions within a given deadline.
2023/03/31
Committee: IMCO
Amendment 798 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. If the addressees do not transmit the information requested in accordance with paragraph 1 within the time-limit andor do not provide a valid justification for not doing so within 14 days, the Commission mayshall, by means of an implementing act, require that they transmit the information, indicating in the implementing act why it is proportionate and necessary to do so, specifying the crisis-relevant goods and services and addressees concerned by the information request, and the information that is sought, providing where necessary a template with the questions that may be addressed to the economic operators.
2023/03/31
Committee: IMCO
Amendment 808 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. Following the activation of the mandatory information requests to economic operators by means of an implementing act, the Commission shall address a formal decision to each of those representative organisations or economic operators in crisis- relevant supply chains that have been identified in the implementing act, requesting them to provide the information specified in the implementing act. The Commission shall rely, where possible, on the relevant and available contact lists of the economic operators active in the selected supply chains of crisis-relevant goods and services, compiled by the Member States and on the mapping of economic operators as referred to in Art. 6 (3new). The Commission may obtain the necessary information on the relevant economic operators from the Member States.
2023/03/31
Committee: IMCO
Amendment 813 #

2022/0278(COD)

Proposal for a regulation
Article 24 – paragraph 5
5. The Commission Decisions containing individual information requests shall contain a reference to the implementing act referred to in paragraph 2 on which they are based and to the situations of severe crisis-related shortages or an immediate threat thereof which has given rise to them. Any information request shall be duly justified and proportionate in terms of the volume, nature and granularity of the data, as well as the frequency of access to the data requested, and shall be necessary for the management of the emergency or for compiling relevant official statistics. A request shall set out a reasonable time limit within which the information is to be provided but which is no longer than 10 days. It shall take into account the effort required to collect and make the data available by the economic operator or representative organisation. The formal decision shall also contain safeguards for protection of data in accordance with Article 39 of this Regulation, safeguards for non-disclosure of sensitive business information contained in the reply in accordance with Article 25, and information on the possibility of contesting it before the Court of Justice of the European Union in line with relevant Union law and the fines provided for in Article 28 for failure to comply and the timeline for a reply.
2023/03/31
Committee: IMCO
Amendment 831 #

2022/0278(COD)

Proposal for a regulation
Article 26 – paragraph 1
When the Single Market emergency mode has been activated by means of a Council implementing act adopted pursuant to Article 14, and there is a shortage of crisis relevant goods the Commission may activate by means of implementing acts the emergency procedures included in the Union legal frameworks amended by [Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/424, Regulation (EU) 2016/425, Regulation (EU) 2016/426, Regulation (EU) 2019/1009 and Regulation (EU) No 305/2011 and introducing emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context of a Single Market emergency and Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU, and 2014/68/EU and introducingas regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance in the context ofdue to a Single Market] as regards crisis-relevant goods, indicating which crisis-relevant goods and emergency procedures are subject to the activation, providing reasons for such activation and its proportionality, and indicating the duration of such activation while complying with the applicable safety requirements, social and environmental legislation laid down in relevant Union harmonisation legislation. The duration can be for maximum six months. A rolling review should ensure that the latest scientific evidence is taken into account even under emergency procedures.
2023/03/31
Committee: IMCO
Amendment 836 #

2022/0278(COD)

Proposal for a regulation
Article 26 a (new)
Article 26 a Traceability 1. For products admitted under Article 26 in this Regulation, and after consulting the Consumer Safety Network, relevant expert groups and relevant stakeholders, the Commission shall set up a system of traceability to which economic operators who place and make available those products on the market shall adhere. 2. The system of traceability shall consist of the collection and storage of data, including by electronic means, enabling the identification of the product, its components or of the economic operators involved in its supply chain, as well as in modalities to display and to access those data, including placement of a data carrier on the product, its packaging or accompanying documents. 3. The Commission is empowered to adopt delegated acts to supplement this Regulation by: (a) determining the crisis relevant products, as referred to in paragraph 1; (b) specifying the type of data which economic operators are to collect and store by means of the system of traceability referred to in paragraph 2; (c) specifying the modalities to display and to access data, including placement of a data carrier on the product, its packaging or accompanying documents as referred to in paragraph 2; (d) specifying the actors that shall have access to the data as referred to in point (b) and to what data they shall have access, including consumers, economic operators, providers of online marketplaces, competent national authorities, the Commission, and public interest organisations, or any organisation acting on their behalf. 4. Market surveillance authorities, consumers, economic operators and other relevant actors shall have access to the data referred to in paragraph 3 based on their respective access rights set out in the applicable delegated act adopted pursuant to paragraph 3, point (d). 5. When adopting the measures referred to in paragraph 3, the Commission shall take into account: (a) an adequate timeframe to allow economic operators to prepare for those measures; and (b) the compatibility and interoperability with other product traceability systems already set up at Union or at international level.
2023/03/31
Committee: IMCO
Amendment 841 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 1
1. The Commission, informing the European Parliament, may invite one or more economic operators in crisis-relevant supply chains established in the Union to accept and prioritise certain orders for the production or supply of crisis-relevant goods (‘priority rated order’).
2023/03/31
Committee: IMCO
Amendment 846 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 2
2. If an economic operator does not accept andor prioritise priority rated orders, the Commission may, at its own initiative or at the request of 14 Member States, assess the necessity and proportionality of resorting to priority rated orders in such cases, the Commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order, the opportunity to state their position within a reasonable time limit set by the Commission in light of the circumstances of the case. In exceptional circumstances, following such an assessment, the Commission may address an implementing act to the economic operator concerned, requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain in written why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data which is factual, measurable, substantiated and not informed by bias showing that such prioritisation is indispensable to ensure the maintenance of vital societal or vital economic activities in the Single Market
2023/03/31
Committee: IMCO
Amendment 851 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
Where the economic operator to which the decision referred to in paragraph 2 is addressed declines to accept the requirement to accept andperform the prioritise they rated orders specified in the decision, it shall provide to the Commission, within 10 days from the notification of the decision, a reasoned explanation setting out duly justified reasons why it is not possible or appropriate, in light of the objectives of this provision, for it to comply with the requirement. Such reasons include the inability of the operator to perform the priority rated order on account of insufficient production capacity or a serious risk that accepting the order would entail particular hardship or economic burden for the operator, or other considerations of comparable gravity.
2023/03/31
Committee: IMCO
Amendment 855 #

2022/0278(COD)

Proposal for a regulation
Article 27 – paragraph 6
6. The Commission shall take the decision referred to in paragraph 2 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s obligations under international law. The decision shall in particular take into account the legitimate interests of the economic operator concerned and any available information concerning the cost and effort required for any change in production sequence. It shall state the legal basis for its adoption, fix the time limits within which the priority rated order is to be performed and, where applicable, specify the product and quantity. It shall state the fines provided for in Article 28 for failure to comply with the decision. The priority rated order shall be placed at a fair and reasonable price.
2023/03/31
Committee: IMCO
Amendment 863 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 1 – introductory part
1. The Commission mayshall, by means of a decision, where deemed necessary and proportionate, impose fines:
2023/03/31
Committee: IMCO
Amendment 865 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 1 – point a
(a) where a representative organisation of economic operators or an economic operator, intentionally or through gross negligence, supplies incorrect, incomplete or misleading information in response to a request made pursuant to Article 24, or does not supply the information within the prescribed time limit;
2023/03/31
Committee: IMCO
Amendment 866 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 2
2. Fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 200 000 EUR.deleted
2023/03/31
Committee: IMCO
Amendment 871 #

2022/0278(COD)

Proposal for a regulation
Article 28 – paragraph 3
3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceedbe lower than 1 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 27 (priority rated orders) calculated from the date established in the decision not exceeding 1% of total turnover in the preceding business year.
2023/03/31
Committee: IMCO
Amendment 893 #

2022/0278(COD)

Proposal for a regulation
Article 32 – paragraph 1
Where the strategic reserves constituted by the Member States in accordance with Article 12 prove to be insufficient to meet the needs related to the Single Market emergency, the Commission, taking into consideratibuilding upon the opinion provided by the advisory group, may recommend to the Member States to distribute the strategic reserves in a targeted way, where possible, having regard to the need not to further aggravate disruptions on the Single Market, including in geographical areas particularly affected by such disruptions and in accordance with the principles of necessity, proportionality and solidarity and establishing the most efficient use of reserves with a view to ending the Single Market emergency.
2023/03/31
Committee: IMCO
Amendment 904 #

2022/0278(COD)

Proposal for a regulation
Article 33 – paragraph 2 – point c
(c) aiming at accelerating permitting of crisis-relevant goods. fully respecting social and environmental legislation;
2023/03/31
Committee: IMCO
Amendment 906 #

2022/0278(COD)

Proposal for a regulation
Article 33 – paragraph 2 – point c a (new)
(c a) aiming at using all flexibilities of the international framework on intellectual property protection..
2023/03/31
Committee: IMCO
Amendment 909 #

2022/0278(COD)

Proposal for a regulation
Article 34 – paragraph 1
1. TWhen respectively the vigilance mode or Single Market emergency mode has been activated pursuant to Article 9 or 14, two or more Member States may request that the Commission launch a procurement on behalf of the Member States that wish to be represented by the Commission (ʽparticipating Member Statesʼ), for the purchasing of goods and services of strategic importance listed in an implementing act adopted pursuant to Article 9(1) or crisis-relevant goods and services listed in an implementing act adopted pursuant to Article 14(5).
2023/03/31
Committee: IMCO
Amendment 914 #

2022/0278(COD)

Proposal for a regulation
Article 34 – paragraph 2
2. The Commission shall assess the utility, necessity and proportionality of the request. Where the Commission intends not to follow the request, it shall inform the Member States concerned and the advisory group referred to in Article 4 and give reasons for its refusal.
2023/03/31
Committee: IMCO
Amendment 915 #

2022/0278(COD)

Proposal for a regulation
Article 34 – paragraph 3
3. Where the Commission agrees to procure on behalf of the Member States, it shall draw up a proposal for a framework agreement to be concluded with the participating Member States allowing the Commission to procure on their behalf. This agreement shall lay down the detailed conditions, practical arrangements for this procedure as well as rules for decision- making, for the procurement on behalf of the participating Member States referred to in paragraph 1 and shall be made public.
2023/03/31
Committee: IMCO
Amendment 918 #

2022/0278(COD)

Proposal for a regulation
Article 35 – paragraph 1
1. The agreement [referred to in Article 34(3) shall establish a negotiating mandate, including on elements such as definition of technical specifications, award criteria and assessment of tenders received, for the Commission to act as a central purchasing body for relevant goods and services of strategic importance or crisis-relevant goods and services on behalf of the participating Member States through the conclusion of new contracts. which shall be made public
2023/03/31
Committee: IMCO
Amendment 926 #

2022/0278(COD)

Proposal for a regulation
Article 35 – paragraph 3
3. Representatives of the Commission or experts nominated by the Commission may carry out on-regular on-site visits, including not anounced site visits at the locations of production facilities of relevant goods of strategic importance or crisis-relevant goods.
2023/03/31
Committee: IMCO
Amendment 929 #

2022/0278(COD)

Proposal for a regulation
Article 36 – paragraph 2
2. The contracts mayshall include a clause stating that a Member State which has not participated in the procurement procedure may become a party to the contract after it has been signed, laying out in detail the procedure for doing so and its effects.
2023/03/31
Committee: IMCO
Amendment 930 #

2022/0278(COD)

Proposal for a regulation
Article 36 a (new)
Article 36 a Publication of joint public procurement contracts 1. The Commission must ensure all joint procurement contracts are made available to the public and accessible on the Commission's website within 30 days after signing of the contract. Information disclosed for public scrutiny shall include: (a) the amount of public investment paid to the contractor, broke down by cost structure of the product; (b) price per unit of the product; (c) number of product units to be delivered per quarter; (d) number and locations of the product’s manufacturing sites; (e) arrangements related to product donations, intellectual property and technology transfer within the Union and with third countries; (f) product liability clauses and compensation for any damage caused by the product; (g) terms and conditions related to the breach of the contracts and their termination. The European Court of Auditors shall have full access to all relevant documents to provide accurate annual scrutiny of signed contracts and public investment;
2023/03/31
Committee: IMCO
Amendment 942 #

2022/0278(COD)

Proposal for a regulation
Article 40 – paragraph 1
1. This Regulation shall be without prejudice to the obligations of Member States relating to their processing of personal data under Regulation (EU) No 2016/679 and Directive 2002/58/EC on privacy and electronic communications, or the obligations of the Commission and, where appropriate, other Union institutions and bodies, relating to their processing of personal data under Regulation (EU) No 2018/1725, when fulfilling their responsibilities.
2023/03/31
Committee: IMCO
Amendment 946 #

2022/0278(COD)

Proposal for a regulation
Article 40 – paragraph 3
3. Where processing of personal data is not strictly necessary to the fulfilment of the mechanisms established in this Regulation can be achieved with processing anonymised data, personal data shall be rendered anonymous in such a manner that the data subject is not identifiable.
2023/03/31
Committee: IMCO
Amendment 949 #

2022/0278(COD)

Proposal for a regulation
Article 41 – paragraph 1
The Commission and the Member States may set up interoperable digital open source tools or IT infrastructures supporting the objectives of this Regulation. Such tools or infrastructures may be developed outside the duration of the Single Market Emergency.
2023/03/31
Committee: IMCO
Amendment 952 #

2022/0278(COD)

Proposal for a regulation
Article 43 – paragraph 2
2. The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for a period of fivetwo years from date of entry into force of this Directive or any other date set by the co- legislators.
2023/03/31
Committee: IMCO
Amendment 953 #

2022/0278(COD)

Proposal for a regulation
Article 43 a (new)
Article 43 a Urgency procedure 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed. 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 3. Either the European Parliament or the Council may object to a delegated act. In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.
2023/03/31
Committee: IMCO
Amendment 958 #

2022/0278(COD)

Proposal for a regulation
Article 44 – paragraph 1
1. By [OP: please insert date = five years from the entry into force of this Regulation] and every five years thereafter, the Commission shall present a report to the European Parliament and the Council on the functioning of the contingency planning, vigilance and Single Market emergency response system suggesting any improvements if necessary, accompanied, where appropriate, by relevant legislative proposals and report on reslience measures.
2023/03/31
Committee: IMCO
Amendment 108 #

2022/0269(COD)

(3) The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19The right of victims to an effective remedy for business-related human rights violations or abuses, including forced labour, is recognised in Union law, the UN Guiding Principles on the Business and Human Rights (UNGPs), the Council of Europe and the OECD. _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
2023/06/09
Committee: INTAIMCO
Amendment 114 #

2022/0269(COD)

Proposal for a regulation
Recital 5
(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour and promote decent work and labour rights worldwide. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union.
2023/06/09
Committee: INTAIMCO
Amendment 118 #

2022/0269(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) Forced labour has a distinct impact on vulnerable and marginalised groups, such as children, women, migrants, refugees or indigenous peoples, and therefore an intersectional and gender sensitive approach is essential to combat forced labour effectively. This Regulation should therefore aim to achieve the objectives of the ILO Convention 182, Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, the Beijing Declaration, the Global Compact for Safe, Orderly and Regular Migration, the Geneva Convention Relating to the Status of Refugees; the United Nations Declaration on the Rights of Indigenous Peoples, the ILO Convention 169, as well as other relevant international agreements and conventions.
2023/06/09
Committee: INTAIMCO
Amendment 121 #

2022/0269(COD)

Proposal for a regulation
Recital 6 b (new)
(6b) The 2021 EU Strategy on the Rights of the Child foresees that the EU will insist on third countries to update regularly national lists of hazardous occupations children should never be tasked to do. The Durban Call to Action on the Elimination of Child Labour recalls the commitments of UN members to strengthen the prevention and elimination of child labour, including its worst forms, forced labour, modern slavery and trafficking in persons and to increase financing and international cooperation for the elimination of child labour and forced labour. ILO Convention No. 138 requires Member States to create a national policy designed to ensure the effective abolition of child labour.
2023/06/09
Committee: INTAIMCO
Amendment 124 #

2022/0269(COD)

Proposal for a regulation
Recital 8
(8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment in the company’s own operations, its subsidiaries and in its value chains, in accordance with international human and labour rights standards and environmental conventions. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover, and to smaller companies in high-impact sectors over a certain threshold in terms of number of employees and net turnover.22] _________________ 22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, OJ XX, XX.XX.20XX, p. XX.
2023/06/09
Committee: INTAIMCO
Amendment 139 #

2022/0269(COD)

Proposal for a regulation
Recital 16
(16) In order to ensure the effectiveness of the prohibition, such prohibition should apply to products for which forced labour has been used at any stage of their production, manufacture, harvest and extraction, including working or, processing, storage, packaging, transportation or distribution related to the products. The prohibition should apply to all products, of any type, including their components, and should apply to products regardless of the sector, the origin, whether they are domestic or imported, or placed or made available on the Union market or exported.
2023/06/09
Committee: INTAIMCO
Amendment 145 #

2022/0269(COD)

Proposal for a regulation
Recital 18
(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue guidelines on due diligence in relation to forced labour, which should take into account also the size and economic resources of economic operators. In addition, the Commission should issue guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition.
2023/06/09
Committee: INTAIMCO
Amendment 150 #

2022/0269(COD)

(18a) Remedy is a crucial part of the human rights due diligence process under the UNGPs and is critical to ensuring that a Forced Labour Instrument has a positive impact for workers and holds corporations to account. Remedy will encourage workers to come forward and report abuse. Accordingly, this Regulation must ensure the provision of effective remedy to affected rightholders.
2023/06/09
Committee: INTAIMCO
Amendment 152 #

2022/0269(COD)

Proposal for a regulation
Recital 19
(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient human and financial resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, labour rights, gender equality, value chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.
2023/06/09
Committee: INTAIMCO
Amendment 155 #

2022/0269(COD)

Proposal for a regulation
Recital 20
(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, mitigate, prevent and bring to an end the risk of forced labour.deleted
2023/06/09
Committee: INTAIMCO
Amendment 160 #

2022/0269(COD)

Proposal for a regulation
Recital 21
(21) When identifying potential violations of the prohibition, the Commission and competent authorities should follow a risk-based approach and assess all information available to them. CThe Commission and competent authorities should initiate an investigation where, based on their assessment of all available information, they establish that there is a substantiated concern of a violation of the prohibition.
2023/06/09
Committee: INTAIMCO
Amendment 164 #

2022/0269(COD)

Proposal for a regulation
Recital 22
(22) Before initiatDuring an investigation, competent authorities shouldmay request from the economic operators under assessment information on actions taken to mitigate, prevent or, remediate and bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.
2023/06/09
Committee: INTAIMCO
Amendment 175 #

2022/0269(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure cooperation among the Commission and competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.
2023/06/09
Committee: INTAIMCO
Amendment 182 #

2022/0269(COD)

Proposal for a regulation
Recital 24
(24) During the preliminary phase of investigation,investigation, the Commission and competent authorities should focus on the economic operators involved in the steps of the value chain where there is a higher risk of forced labourvalue chain with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
2023/06/09
Committee: INTAIMCO
Amendment 186 #

2022/0269(COD)

Proposal for a regulation
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritiseidentify to the extent possible and consistent with the effective conduct of the investigation the responsibilities of the economic operators under investigation that are involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operatorwith the highest leverage to prevent, mitigate, remediate and bring to an end the use of forced labour in their operations and value chains, the quantity of products concerned, as well as the scale of suspected forced labour.
2023/06/09
Committee: INTAIMCO
Amendment 202 #

2022/0269(COD)

Proposal for a regulation
Recital 26
(26) Competent authoritieEconomic operators should bear the burden of establishproving that forced labour has not been used at any stage of production, manufacture, harvest or extraction, storage, packaging, transportation or distribution of a product, including working or processing related to the product on the basis of all information and evidence gathered during the investigation, including its preliminary phase. To ensure their right to due process, economic operators should have the opportunity to provide information in their defence towhen requested by the competent authorities throughoutor after the investigation.
2023/06/09
Committee: INTAIMCO
Amendment 207 #

2022/0269(COD)

Proposal for a regulation
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have themdonate the products to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle them and if recycling is not possible, the products should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
2023/06/09
Committee: INTAIMCO
Amendment 214 #

2022/0269(COD)

Proposal for a regulation
Recital 28
(28) In that decision, competent authorities should state the findings of the investigation, and the information underpinning the findings, and set a reasonable time within which the economic operators should comply with the decision, as well as information allowing for the identification of the product to which the decision applies. The Commission should be empowered to adopt the implementing acts necessary to specify the details about the information to be contained in such decisions. The decisions from competent authorities should be made publicly available.
2023/06/09
Committee: INTAIMCO
Amendment 216 #

2022/0269(COD)

Proposal for a regulation
Recital 29
(29) In setting a reasonable time to comply with the order, competent authorities should take into account the size and economic resources of the economic operators concerned.deleted
2023/06/09
Committee: INTAIMCO
Amendment 223 #

2022/0269(COD)

Proposal for a regulation
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are donated to charitable or public interest purposes. If such products cannot be donated, economic operators should recycle them, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.
2023/06/09
Committee: INTAIMCO
Amendment 231 #

2022/0269(COD)

Proposal for a regulation
Recital 32
(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the Commission or to competent authorities when it considers that products made with forced labour are placed and made available on the Union market and to be informed of the outcome of the assessment of their submission. Submissions may be addressed to one or more competent authorities. The Commission and competent authorities shall ensure that the identity of the person or persons reporting complaints, providing evidence, and of any individuals who are potentially being subjected to forced labour in terms of the complaint or investigation, is not disclosed without the explicit consent of that or those persons, to anyone beyond the authorised staff members competent to receive or follow up on complaints. This shall also apply to any other information from which the identity of the reporting person may be directly or indirectly deduced.
2023/06/09
Committee: INTAIMCO
Amendment 242 #

2022/0269(COD)

Proposal for a regulation
Recital 33
(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the Commission and competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.
2023/06/09
Committee: INTAIMCO
Amendment 246 #

2022/0269(COD)

Proposal for a regulation
Recital 34
(34) Decisions of the Commission and competent authorities establishing a violation of the prohibition should be communicated to customs authorities, who should aim at identifying the product concerned amongst products declared for release for free circulation or export. The competent authorities should be responsible for the overall enforcement of the prohibition with regard to the internal market as well as products entering or leaving the Union market. Since forced labour is part of the manufacturing process and does not leave any trace on the product, and Regulation (EU) 2019/1020 covers only manufactured products and its scope is limited to release for free circulation, the customs authorities would be unable to act autonomously under Regulation (EU) 2019/1020 for the application and enforcement of the prohibition. The specific organisation of controls of each Member State should be without prejudice to Regulation (EU) No 952/2013 of the European Parliament and of the Council32and its general provisions on the control and supervisory powers of customs authorities. _________________ 32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).
2023/06/09
Committee: INTAIMCO
Amendment 259 #

2022/0269(COD)

Proposal for a regulation
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be destroyed, rendered inoperable, or otherwise disposed ofonated to charitable or public interest purposes. If the product cannot be donated, it should be recycled, and if that is not possible, it should be destroyed, in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods.
2023/06/09
Committee: INTAIMCO
Amendment 270 #

2022/0269(COD)

Proposal for a regulation
Recital 42
(42) To ensure effective enforcement decisions taken by the Commission or a competent authority in one Member State should be recognised and enforced by competent authorities in the other Member States regarding products withfrom the same identification from the same supply chaiproduction site, company, group of companies or region for which forced labour has been found.
2023/06/09
Committee: INTAIMCO
Amendment 275 #

2022/0269(COD)

Proposal for a regulation
Recital 44
(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the Commission, competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission. That network should also aim at streamlining the practices of the competent authorities within the Union that facilitate the implementation of joint enforcement activities by Member States, including joint investigations. That administrative support structure and capacity building activities, such as the organisation of training programmes for competent authorities and other relevant stakeholders. The administrative support structure to be provided by the Commission should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
2023/06/09
Committee: INTAIMCO
Amendment 280 #

2022/0269(COD)

Proposal for a regulation
Recital 44 a (new)
(44a) The Commission should ensure the effective and uniform application of this Regulation and to that effect support and encourage cooperation between enforcement authorities through the Network. Furthermore, the Commission should set up a harmonised approach for penalties, and, in particular, it should lay down harmonised rules on penalties applicable to non-compliance with the decision of competent authorities.
2023/06/09
Committee: INTAIMCO
Amendment 289 #

2022/0269(COD)

Proposal for a regulation
Recital 48 a (new)
(48a) No later than three years after the entry into force, the Commission should carry out a first review of this Regulation with particular attention to the effectiveness of the instrument, proposing additional measures where deemed appropriate.
2023/06/09
Committee: INTAIMCO
Amendment 293 #

2022/0269(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made, stored, transported, packaged or distributed with forced labour.
2023/06/09
Committee: INTAIMCO
Amendment 297 #

2022/0269(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
1a. This Regulation lays down rules for remedial obligations for economic operators for cases where forced labour has been established.
2023/06/09
Committee: INTAIMCO
Amendment 305 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
(ba) ‘forced labour high risk area’ means countries or regions where there is clear and reliable evidence of state- imposed forced labour, in an entire product group in a specific industry.
2023/06/09
Committee: INTAIMCO
Amendment 307 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requirements, voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an end the use of forced labour in their operations and value chain with respect to products that are to be made available on the Union market or to be exported;
2023/06/09
Committee: INTAIMCO
Amendment 309 #

2022/0269(COD)

(ca) ‘remediation’ means measures aiming to improve conditions for workers and affected victims of forced labour.These include evidence of one or more of the following: i) financial and non-financial compensation, including compensation based on the duration and extent of forced labour and any harms suffered; ii) restitution for the victims, including restoring relevant documents such as visas and work permits, and returning their passport; iii) rehabilitation; iv) preventive measures and guarantees of non-reoccurrence of forced labour;and where it is accompanied by one or more of the above measures, apologies; v) other remediation measures as agreed on by the economic operators and affected workers and stakeholders.
2023/06/09
Committee: INTAIMCO
Amendment 312 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)
(cb) 'root causes of forced labour' means the causes leading to economic exploitation, poverty, systemic discrimination, and lack of regular and decent labour migration pathways at the level of a country or region. At the level of an economic operator, it includes prices below the cost of production, the lack of living incomes and living wages as well as unfair purchasing practices.
2023/06/09
Committee: INTAIMCO
Amendment 314 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c c (new)
(cc) ‘stakeholders’ means: i) workers and other individuals, groups, communities, trade unions, worker representatives or entities whose rights or interests are or could be affected by forced labour as used by an economic operator, its subsidiaries or its business relationships; ii) other legal or natural persons defending human rights, including individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms and labour conventions, including the rights of workers, trade unions, indigenous peoples or other vulnerable stakeholders;and (iii) organisations whose statutory purpose is the defence of human rights;
2023/06/09
Committee: INTAIMCO
Amendment 321 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f
(f) ‘product’ means any product that can be valued in money and is capable, as such, of forming the subject of commercial transactions, whether it is extracted, harvested, produced or, manufactured, stored, transported, packaged or distributed including working or processing related to a product at any stage of its supply chain;
2023/06/09
Committee: INTAIMCO
Amendment 326 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g
(g) ‘product made with forced labour’ means a product for which forced labour has been used in whole or in part at any stage of its extraction, harvest, production or manufacture, storage, transport, packaging or distribution, including working or processing related to a product at any stage of its supply chain;
2023/06/09
Committee: INTAIMCO
Amendment 339 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point k
(k) ‘product supplier’ means any natural or legal person or association of persons in the supply chain who extracts, harvests, produces or, manufactures, stores, transports, packages or distributes a product in whole or in part, or intervenes in the working or processing related to a product at any stage of its supply chain, whether as manufacturer or in any other circumstances;
2023/06/09
Committee: INTAIMCO
Amendment 345 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point m a (new)
(ma) ‘end user’ means any natural or legal person residing or established in the Union, to whom a product has been made available either as a consumer outside of any trade, business, craft or profession or as a professional end user in the course of its industrial or professional activities;
2023/06/09
Committee: INTAIMCO
Amendment 350 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded, yet not conclusive, reason, based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
2023/06/09
Committee: INTAIMCO
Amendment 354 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point p
(p) ‘products entering the Union market’ means products from third countries and Union Member States intended to be placed on the Union market or intended for private use or consumption within the customs territory of the Union and placed under the customs procedure ‘release for free circulation’;
2023/06/09
Committee: INTAIMCO
Amendment 364 #

2022/0269(COD)

Proposal for a regulation
Article 3 – paragraph 1
Economic operators shall not place or make available on the Union market products that are made, stored, transported, packaged or distributed with forced labour, nor shall they export such products.
2023/06/15
Committee: INTAIMCO
Amendment 368 #

2022/0269(COD)

Proposal for a regulation
Article 3 – paragraph 1 a (new)
The Commission or competent authorities may establish a violation of Article 3 (1) in any of the following cases: (a) a particular production site, or a group of production sites; (b) a particular operator, or group of operators; (c) a particular transport vessel or fleet; or (d) a particular product group from a forced labour high-risk area.
2023/06/15
Committee: INTAIMCO
Amendment 371 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant information available to them, including the following information: (a) submissions made by natural or legal persons or any association not having legal personality pursuant to Article 10; (b) the risk indicators and other information pursuant to Article 23, points (b) and (c); (c) the database referred to in Article 11; (d) information and decisions encoded in the information and communication system referred to in Article 22(1), including any past cases of compliance or non-compliance of an economic operator with Article 3; (e) information requested by the competent authority from other relevant authorities, where necessary, on whether the economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.deleted
2023/06/15
Committee: INTAIMCO
Amendment 379 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the value chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.deleted
2023/06/15
Committee: INTAIMCO
Amendment 386 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment, including on the basis of any of the following: (a) applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour; (b) the guidelines issued by the Commission pursuant to Article 23, point (a); (c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations; (d) any other due diligence in relation to forced labour.deleted
2023/06/15
Committee: INTAIMCO
Amendment 397 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 15 working days from the day they received such request. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.deleted
2023/06/15
Committee: INTAIMCO
Amendment 408 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. Within 30 working days from the date of receipt of the information submitted by economic operators pursuant to paragraph 4, the competent authorities shall conclude the preliminary phase of their investigation as to whether there is a substantiated concern of violation of Article 3 on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4.deleted
2023/06/15
Committee: INTAIMCO
Amendment 414 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of time.deleted
2023/06/15
Committee: INTAIMCO
Amendment 425 #

2022/0269(COD)

7. Competent authorities shall not initiate an investigation pursuant to Article 5, and shall inform the economic operators under assessment accordingly, where, on the basis of the assessment referred to in paragraph 1 and the information submitted by economic operators pursuant to paragraph 4, the competent authorities consider that there is no substantiated concern of a violation of Article 3, for instance due to, but not limited to, the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour referred to in paragraph 3 being applied in a way that mitigates, prevents and brings to an end the risk of forced labour.deleted
2023/06/15
Committee: INTAIMCO
Amendment 433 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. Competent authorities that, pursuant to Article 4(5), determine that there is a substantiated concern of a violation ofThe Commission and competent authorities shall decide to initiate investigations on their own accord or in response to complaints or information submitted in accordance with Article 10, and shall follow a risk based approach in assessing the likelihood of a violation of Article 3 on the basis of relevant information, including: a) the risk indicators and other information pursuant to Article 23, shall decide to initiate an investigation on the products and economic operators concernedpoints (b) and (c); b) the database referred to in Article 11; c) information and decisions encoded in the information and communication system referred to in Article 22(1), including any past cases of compliance or non-compliance of an economic operator with Article 3; d) information requested by the competent authority from other relevant authorities, where necessary, on whether the economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour.
2023/06/15
Committee: INTAIMCO
Amendment 439 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. CThe Commission or the competent authorities that initiate an investigation pursuant to paragraph 1 shall inform, when they have reason to believe that the economic operators subject to the investigation, has additional information which is material to the investigation, inform the economic operators within 3 working days from the date of the decision to initiate such investigation about the following:
2023/06/15
Committee: INTAIMCO
Amendment 447 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point d
(d) the possibility for the economic operators to submit any other document or information to the Commission or the competent authority, and the date by which such information has to be submitted.
2023/06/15
Committee: INTAIMCO
Amendment 450 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point d a (new)
(da) in accordance with Article 6 on the presumption of forced labour, the requirement for the operator to demonstrate within a delimited time frame that Article 3 has not been violated.
2023/06/15
Committee: INTAIMCO
Amendment 453 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 3 – introductory part
3. Where requested to do so by the Commission or competent authorities, economic operators under investigation shall submit to those competent authorities any information that is relevant and necessary for the investigation, including information identifying the products under investigation, the manufacturer or producer of those products and the product suppliers. In requesting such information, competent authorities shall to the extent possible:
2023/06/15
Committee: INTAIMCO
Amendment 456 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the value chain as close as possible to where the likely risk of forced labour occurs andidentify the individual responsibilities, along the value chain, of different economic operators down to the level where forced labour is taking place and prioritise the economic operators under investigation involved in the steps of the value chain with the highest leverage to prevent, mitigate, remediate and bring to an end the use of forced labour in their operations and value chains.
2023/06/15
Committee: INTAIMCO
Amendment 460 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 3 – point b
(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.deleted
2023/06/15
Committee: INTAIMCO
Amendment 467 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. Economic operators shall submit the information within 15 working days from the request referred to in paragraph 3 or make a justified request for an extension of up to 5 working days of that time limit.
2023/06/15
Committee: INTAIMCO
Amendment 473 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 5
5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned.deleted
2023/06/15
Committee: INTAIMCO
Amendment 478 #

2022/0269(COD)

Proposal for a regulation
Article 5 – paragraph 6
6. CThe Commission and competent authorities may collect relevant information by consulting with stakeholders or by carrying out all necessary checks and inspections including investigations in third countries, provided that the economic operators concerned give their consent and that the government of the Member State or third country in which the inspections are to take place has been officially notified and raises no objection, within a limited timeframe.
2023/06/15
Committee: INTAIMCO
Amendment 487 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether there is reasonable but not conclusive evidence that Article 3 has been violated, within a reasonable period of time30 days from the date they initiated the investigation pursuant to Article 5(1).
2023/06/15
Committee: INTAIMCO
Amendment 496 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)
2a. The Commission shall be empowered, after consultation with competent authorities and other stakeholders, to declare a presumption of forced labour for products or groups of products, from forced labour high risk areas. This decision shall be encoded in the database referred to in Article 11.
2023/06/15
Committee: INTAIMCO
Amendment 500 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 3
3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. This decision shall not preclude the right of competent authorities to start a new investigation on the same product where new information is made available.
2023/06/15
Committee: INTAIMCO
Amendment 516 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 4 – point c
(c) an order for the economic operators that have been subject to the investigation to donate, recycle or dispose of the respective products in accordance with national law consistent with Union lawArticle 20.
2023/06/15
Committee: INTAIMCO
Amendment 524 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 4 a (new)
4a. Without prejudice to paragraph 4 (a), (b) and (c), competent authorities shall be empowered to issue an order for the economic operators to provide evidence of remediation measures in accordance with Article 2, according to their individual responsibilities referred to in Article 5(3). The remediation plan and its implementation strategy must be agreed upon between competent authorities and must involve meaningful consultation of affected workers and stakeholders. Evidence that remediation measures have been correctly implemented should be obtained in consultation of the affected workers and stakeholders.
2023/06/15
Committee: INTAIMCO
Amendment 535 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 5 – point c
(c) that any product remaining with the economic operator concerned is donated, recycled or disposed of in accordance with national law consistent with Union law at the expense of the economic operatorArticle 20.
2023/06/15
Committee: INTAIMCO
Amendment 541 #

2022/0269(COD)

Proposal for a regulation
Article 6 – paragraph 6
6. Where the Commission or competent authorities establish that economic operators have provided evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, and that effective processes have been put in place to prevent harm from occurring again in the future and in cases of not state-imposed forced labour that they have provided remediation in accordance with paragraph 4 new, the competent authorities shall withdraw their decision for the future and inform the economic operators.
2023/06/15
Committee: INTAIMCO
Amendment 556 #

2022/0269(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b
(b) a reasonable time limit for the economic operators to comply with the order, which shall not be less than 30 working days and no longer than necessary90 days to withdraw the respective products. When setting such a time limit, the Commission or competent authority shall take into account, where relevant, the economic operator’s size and economic resourcesdue diligence activities and the likelihood that those will bring forced labour to an end within a reasonable period of time;
2023/06/15
Committee: INTAIMCO
Amendment 564 #

2022/0269(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point c
(c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer or producer, the producer, the production site and the product suppliers;
2023/06/15
Committee: INTAIMCO
Amendment 569 #

2022/0269(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. The Commission shall adopt implementingdelegated acts further specifying the details of the information to be included in the decisions. Those details shall as a minimum include details of information to be made available to customs authorities in accordance with Article 16(3). Those implementing acts shall be adopted in accordance with the examination procedure pursuant to Article 29.
2023/06/15
Committee: INTAIMCO
Amendment 570 #

2022/0269(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. CThe Commission and competent authorities shall provide economic operators affected by a decision adopted pursuant to Article 6(4) the possibility of requesting a review of that decision within 15 working days from the date of receipt of that decision. In case of perishable goods, animals and plants, that time limit shall be 5 working days. The request for review shall contain information which demonstrates that the products are placed or made available on the market or to be exported in compliance with Article 3.
2023/06/15
Committee: INTAIMCO
Amendment 573 #

2022/0269(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. A request for a review of a decision adopted pursuant Article 6(4) shall contain substantial new information that was not brought to the attention of the competent authority during the investigation. The request for a review shall delay the enforcement of the decision adopted pursuant to Article 6(4) until the competent authority decides on the request for the review.
2023/06/15
Committee: INTAIMCO
Amendment 575 #

2022/0269(COD)

3. AThe Commission or a competent authority shall take a decision on the request for review within 15 working days from the date of receipt of the request. In case of perishable goods, animals and plants that time limit shall be 5 working days.
2023/06/15
Committee: INTAIMCO
Amendment 584 #

2022/0269(COD)

Proposal for a regulation
Article 8 – paragraph 7 a (new)
7a. The Commission and competent authorities shall ensure that any decision made by competent authorities, including a failure to make a decision, or a decision not to investigate, may be reviewed as an administrative decision of a public body in accordance with the Member States legal framework.
2023/06/15
Committee: INTAIMCO
Amendment 589 #

2022/0269(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point a
(a) any decision not to initiate an investigation following a preliminary phase of investigation,submission of information or a complaint, as referred to in Article 4(7)10;
2023/06/09
Committee: INTAIMCO
Amendment 597 #

2022/0269(COD)

2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e) and (g) on a dedicated public website.
2023/06/09
Committee: INTAIMCO
Amendment 601 #

2022/0269(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Submissions of information by any natural or legal person or any association not having legal personality, to competent authorities on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegationThe Commission shall establish a mechanism to receive complaints and information regarding alleged or suspected forced labour, taking place within or outside the EU, from any natural or legal person, including workers or others affected or potentially affected by forced labour, civil society organisations including trade unions, affected communities, and any other individual or group that may have information regarding products which are alleged or suspected to be made by forced labour.
2023/06/09
Committee: INTAIMCO
Amendment 607 #

2022/0269(COD)

Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a. Submissions of information and complaints on alleged violations of Article 3 shall contain information on the economic operators or products concerned and provide the reasons substantiating the allegation. Submissions may be addressed to the Commission or one or more competent authorities. The Commission shall receive a copy of submissions received by competent authorities.
2023/06/09
Committee: INTAIMCO
Amendment 611 #

2022/0269(COD)

Proposal for a regulation
Article 10 – paragraph 1 b (new)
1b. Complaints may be lodged anonymously. The Commission and competent authorities shall ensure that the mechanism is designed so that victims or witnesses of forced labour may lodge complaints without fearing retaliation of any sort, without prejudice to Directive 2004/81/EC, Directive 2009/52/EC, Directive 2011/36/EU and Directive 2012/29/EU. These rights should not be made conditional on the affected workers’ residence status, or on their citizenship or nationality.
2023/06/09
Committee: INTAIMCO
Amendment 612 #

2022/0269(COD)

Proposal for a regulation
Article 10 – paragraph 1 c (new)
1c. The Commission shall determine the rules and procedure to assign complaints to the competent authorities. These rules will take into account the specificities of the complaint, the domicile of the economic operator and the capacities of the competent authorities in concerned Member States. The Commission may retain the power to investigate.
2023/06/09
Committee: INTAIMCO
Amendment 614 #

2022/0269(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. The competent authority shall, as soon as possible, inform the person or association referred to in paragraph 1 a of the outcome of the assessment of their submission or complaint as well as the decision referred to in Article 9 a.
2023/06/09
Committee: INTAIMCO
Amendment 617 #

2022/0269(COD)

Proposal for a regulation
Article 10 – paragraph 3 a (new)
3a. Competent authorities and the Commission shall ensure that the identity of the person or persons reporting complaints, providing evidence, and of any individuals who are potentially being subjected to forced labour in terms of the complaint or investigation, is not disclosed without the explicit consent of that or those persons, to anyone beyond the authorised staff members competent to receive or follow up on complaints. This shall also apply to any other information from which the identity of the reporting person may be directly or indirectly deduced.
2023/06/09
Committee: INTAIMCO
Amendment 622 #

2022/0269(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas, sectors or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall include a list of forced labour high risk areas and shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities. Special attention will be paid to countries showing no or insignificant progress with respect to the elimination of forced child labour, the implementation of the 182 ILO Convention and other relevant conventions and protocols.
2023/06/09
Committee: INTAIMCO
Amendment 637 #

2022/0269(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made easily accessible and publicly available by the external expertise at the latest 2418 months after the entry into force of this Regulation.
2023/06/09
Committee: INTAIMCO
Amendment 656 #

2022/0269(COD)

Proposal for a regulation
Article 12 – paragraph 4
4. The Commission shall make the mechanism referred to in Article 10 and the list of the designated competent authorities publicly available on its website and shall regularly update that list, based on the updates received from Member States.
2023/06/09
Committee: INTAIMCO
Amendment 658 #

2022/0269(COD)

Proposal for a regulation
Article 12 – paragraph 5
5. Member States shall ensure that the designated competent authorities exercise their powers impartially, transparently and with due respect for obligations of professional secrecy. Member States shall ensure that their competent authorities have the necessary powers, expertise and resources to carry out the investigations, including sufficient budgetary and other resources and coordinate closely with the national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings.
2023/06/09
Committee: INTAIMCO
Amendment 665 #

2022/0269(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Decisions taken by the Commission or a competent authority in one Member State shall be recognised and enforced by competent authorities in the other Member States in so far as they relate to products with the same identification and from the same supply chain for which forced labour has been found.
2023/06/09
Committee: INTAIMCO
Amendment 670 #

2022/0269(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. A competent authority that has received, through the information and communication system referred to in Article 22(1), a request from the Commission or a competent authority of another Member State for information to verify any evidence provided by an economic operator shall provide that information within 15 working days from the date of receipt of the request.
2023/06/09
Committee: INTAIMCO
Amendment 673 #

2022/0269(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. Before initiating an investigation in accordance with Article 5, a competent authoritythe mechanism referred to in Article 10 shall verify in the information and communication system referred to in Article 22(1) whether there is a lead authority referred to in paragraph 3 investigating the same product and economic operator.
2023/06/09
Committee: INTAIMCO
Amendment 684 #

2022/0269(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. Customs authorities shall be provided with information identifying the product, information about the manufacturer, transporter, distributor, packaging or storage company or the producer and information about the product suppliers as regards products entering or leaving the Union market that have been identified by the Commission pursuant to paragraph 1, unless the provision of such information is already required pursuant to customs legislation referred to in Article 5(2) of Regulation (EU) No 952/2013.
2023/06/09
Committee: INTAIMCO
Amendment 687 #

2022/0269(COD)

Proposal for a regulation
Article 17 – paragraph 1
Where customs authorities identify a product entering or leaving the Union market that may, in accordance with a decision received pursuant to Article 15(3), be in violation of Article 3, they shall suspend the release for free circulation or the export of that product. Customs authorities shall immediately notify the relevant competent authorities of the suspension and transmit all relevant information to enable them to establish whether the product is covered by a decision communicated pursuant to Article 15(3).
2023/06/09
Committee: INTAIMCO
Amendment 690 #

2022/0269(COD)

Proposal for a regulation
Article 18 – paragraph 1 – introductory part
1. Where the release for free circulation or the export of a product has been suspended in accordance with Article 17, the product shall be released for free circulation or exported where all the other requirements and formalities relating to such a release or export have been fulfilled and where either of the following conditions is satisfied:within 4 working days of the suspension, the competent authorities informed the customs authorities of their approval for release for free circulation or export pursuant to this Regulation. In case of perishable products, animals and plants that time limit shall be 2 working days.
2023/06/09
Committee: INTAIMCO
Amendment 691 #

2022/0269(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point a
(a) within 4 working days of the suspension, if the competent authorities have not requested the customs authorities to maintain the suspension. In case of perishable products, animals and plants that time limit shall be 2 working days;deleted
2023/06/09
Committee: INTAIMCO
Amendment 695 #

2022/0269(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point b
(b) the competent authorities informed the customs authorities of their approval for release for free circulation or export pursuant to this Regulation.deleted
2023/06/09
Committee: INTAIMCO
Amendment 698 #

2022/0269(COD)

Proposal for a regulation
Article 19 – paragraph 1
1. Where the competent authorities conclude that a product that has been notified to them in accordance with Article 17 is a product made with forced labour pursuant to a decision referred to in Article 6(2) and (4), they shall require customs authorities not to release it for free circulation nor to allow its export.
2023/06/09
Committee: INTAIMCO
Amendment 709 #

2022/0269(COD)

Proposal for a regulation
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is donated to public interest purposes or recycled or if that is not possible the products should be disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
2023/06/09
Committee: INTAIMCO
Amendment 714 #

2022/0269(COD)

Proposal for a regulation
Article 21 – paragraph 1
1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, the Commission, competent authorities and customs authorities shall cooperate closely and exchange risk-related information.
2023/06/09
Committee: INTAIMCO
Amendment 719 #

2022/0269(COD)

Proposal for a regulation
Article 21 – paragraph 2 – introductory part
2. Cooperation among the Commission, the mechanism referred to in Article 10 and other relevant authorities and exchange of risk information necessary for the fulfilment of their respective functions under this Regulation, including through electronic means, shall take place between the following authorities:
2023/06/09
Committee: INTAIMCO
Amendment 731 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 182 months after the entry into force of this Regulation, which shall include the following:
2023/06/09
Committee: INTAIMCO
Amendment 736 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point a
(a) guidance on due diligence in relation to forced labour, including forced child labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, CSOs and existing collaborative multistakeholders initiatives as well as the size and economic resources of economic operators;
2023/06/09
Committee: INTAIMCO
Amendment 742 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point b
(b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, including the ‘Hard to See, Harder to Count’ guidelines, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
2023/06/09
Committee: INTAIMCO
Amendment 745 #

2022/0269(COD)

Proposal for a regulation
Article 23 – paragraph 1 – point b a (new)
(ba) guidance for stakeholders to submit information or a complaint, in accordance with Article 10;
2023/06/09
Committee: INTAIMCO
Amendment 762 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established by the Commission. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent.
2023/06/09
Committee: INTAIMCO
Amendment 765 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 2
2. The Network shall be led by the Commission and composed of representatives from each Member States’ competent authority, representatives from the Commission, the European Labour Authority, the Fundamental Rights Agency and, where appropriate, experts from the customs authorities.
2023/06/09
Committee: INTAIMCO
Amendment 768 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 3 – point b
(b) conduct joint investigations, mandate research or monitor situation of wide-spread and systemic forced labour including as to expand database of risk of forced labour;
2023/06/09
Committee: INTAIMCO
Amendment 771 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 3 – point d
(d) contribute to the development of guidance to ensure the effective and uniform application of this Regulation and coordinate dissemination efforts;
2023/06/09
Committee: INTAIMCO
Amendment 778 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
(fa) promote collaboration and exchange with relevant existing multi- stakeholders’ collaborative initiatives;
2023/06/09
Committee: INTAIMCO
Amendment 782 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 3 a (new)
3a. The Network may invite experts and stakeholders, including social partners and other workers’ representatives as well as civil society representatives to attend meetings of the Network or to provide written contributions or trainings for the Network.
2023/06/09
Committee: INTAIMCO
Amendment 786 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 4
4. The Commission shall support and encouraglead and facilitate cooperation between enforcement authorities through the Network and participate in the meetings of the Network.
2023/06/09
Committee: INTAIMCO
Amendment 788 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 4 a (new)
4a. The Commission shall provide the Network with the financial and human resources to carry out its missions.
2023/06/09
Committee: INTAIMCO
Amendment 793 #

2022/0269(COD)

Proposal for a regulation
Article 25 – paragraph 2
2. Where requested, tThe Commission, Member States and competent authorities shall treat the identity of those who provide information, or the information provided, as confidential. A request for confidentiality shall be accompanied by a non-confidential summary of the information supplied or by a statement of the reasons why the information cannot be summarised in a non-confidential manner.
2023/06/09
Committee: INTAIMCO
Amendment 794 #

2022/0269(COD)

Proposal for a regulation
Article 26 – title
International Cooperation and Accompanying Measures
2023/06/09
Committee: INTAIMCO
Amendment 798 #

2022/0269(COD)

Proposal for a regulation
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission mayshall as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, and civil society representatives andincluding business organisations, trade unions, workers organisations, NGOs and networks of affected stakeholders. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
2023/06/09
Committee: INTAIMCO
Amendment 805 #

2022/0269(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries mayshall result in the Union developing accompanying measures to support the efforts of companies and partner countries efforts and locally available capacities in tackling forced labour.
2023/06/09
Committee: INTAIMCO
Amendment 807 #

2022/0269(COD)

Proposal for a regulation
Article 26 – paragraph 2 a (new)
2a. The Commission and Member States shall develop cooperation and partnership mechanisms with third countries to address the root causes of forced labour, and build the capacity of upstream economic actors to respond to the requirements under this Regulation.
2023/06/09
Committee: INTAIMCO
Amendment 808 #

2022/0269(COD)

Proposal for a regulation
Article 26 – paragraph 2 b (new)
2b. The Commission and competent authorities shall cooperate with relevant authorities of third countries to carry out investigations, as well as coordinate when it is relevant with investigations made by other countries and align with decisions made by other international entities. Member States’ competent authorities and the Commission shall actively exchange knowledge and intelligence with third country governments.
2023/06/09
Committee: INTAIMCO
Amendment 809 #

2022/0269(COD)

Proposal for a regulation
Article 26 – paragraph 2 c (new)
2c. The following accompanying measures are foreseen: a) supportive development policies to governments in producer countries to guarantee, protect and fulfil their international human rights obligations to implement decent labour conditions, inter alia by: (i) removing barriers to freedom of expression and association, and increased recognition of land rights; (ii) building national social protection floor to reduce vulnerability to forced labour; (iii) providing social and economic assistance, including access to educational and training opportunities and access to decent work, notably for at- risk population groups to increase their employability and income-earning opportunities and capacity; (iv) developing coherent policies on employment and labour migration, which take into account the risks faced by specific groups of migrants, including those in an irregular situation, and address circumstances that could result in forced labour situations. b) supporting partner countries to develop encompassing National Action Plans on Forced Labour and worst forms of child labour, with the aim to: (i) address the root causes of workers’ vulnerability to forced labour; (ii) adopt and strengthen legislation on forced labour, covering the employment relationship of all sectors of the economy; (iii) provide effective protective measures to meet the needs of all victims, irrespective of their status (age, gender, ethnicity, migration status or any other ground for discrimination), for both immediate assistance and long-term recovery and rehabilitation; (iv) strengthen the enforcement of laws and prosecution; (v) raise awareness and engagement, especially for those who are most at risk of becoming victims of forced labour, including migrants, to inform them, inter alia, about how to protect themselves against fraudulent or abusive recruitment and employment practices, their rights and responsibilities at work, how to gain access to assistance in case of need and about the sanctions for violating the prohibition on forced or compulsory labour.
2023/06/09
Committee: INTAIMCO
Amendment 815 #

2022/0269(COD)

Proposal for a regulation
Article 30 – paragraph 1
1. The Member StatesCommission shall lay down the rules on penalties applicable to non- compliance with a decision referred to in Article 6(4) and shall take all measures necessary to ensure that they are implemented in accordance with national law.
2023/06/09
Committee: INTAIMCO
Amendment 817 #

2022/0269(COD)

Proposal for a regulation
Article 30 – paragraph 2
2. The penalties provided for shall be effective, proportionate and dissuasivetake the form of pecuniary fines and shall be effective, proportionate and dissuasive. The maximum limit of pecuniary sanctions shall be not less than 5% of the total worldwide turnover of the undertaking in the business year preceding the fining decision. The collected sum shall be used for the compensation fund referred to in paragraph 2b.
2023/06/09
Committee: INTAIMCO
Amendment 818 #

2022/0269(COD)

Proposal for a regulation
Article 30 – paragraph 2 a (new)
2a. If an operator circumvents or attempts to circumvent a ban or sanction imposed in accordance with this Regulation, or when they refuse to cooperate with the customs or competent authorities, the competent authority shall be empowered to impose additional proportionate and dissuasive penalties, such as pecuniary fines.
2023/06/09
Committee: INTAIMCO
Amendment 819 #

2022/0269(COD)

Proposal for a regulation
Article 30 – paragraph 2 b (new)
2b. A compensation fund shall be established by a delegated act to be adopted no later than 2 years after the entry into force of this Regulation.
2023/06/09
Committee: INTAIMCO
Amendment 825 #

2022/0269(COD)

Proposal for a regulation
Article 30 a (new)
Article30a Review and annual reporting 1. No later than three years after the entry into force of this Regulation, the Commission shall carry out a first review with particular attention to the effectiveness of the instrument, proposing additional measures where deemed appropriate. 2. No later than one year after the entry into force of this Regulation, the Commission shall present annually a report to the European Parliament and the Council on the implementation of this Regulation.
2023/06/09
Committee: INTAIMCO
Amendment 23 #

2022/0219(COD)

Proposal for a regulation
Recital 16
(16) As the iInstrument aims to enhance the competitiveness and efficiency of the Union’s defence industry, to benefit from the instrument, common procurement contracts will need to be placed with legal entities which arecontractors and subcontractors established in the Union or in associated countries and are not subject to control by non-associated third countries or by non- associated third- country entities. In that context, control should be understood to beas the ability to exercise a decisive influence on a legal entitycontractor or subcontractor directly, or indirectly through one or more intermediate legal entities. Additionally, in order to ensure the protection of essential security and defence interests of the Union and its Member States, the infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country.
2023/02/01
Committee: IMCO
Amendment 32 #

2022/0219(COD)

Proposal for a regulation
Recital 17
(17) IRegardless of the country in which the contracted party is established, increasing the common procurement of defence capabilities in the short-run and inducing cooperation, contributes to create favourable market conditions, such as structuring of the demand side in the EU, and hence contributes to the reinforcement of the EDTIB. Consequently, in certain strict circumstances, it should be possible to derogate from the principle that contractors and subcontractors involved in a common procurement supported by the Instrument are not subject to control by non-associated third countries or non associated third- country entities. In that context, a legal entitycontractor or a subcontractor established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor andor subcontractor involved in the common procurement if strict conditions relating to the security and defence interests of the Union and its Member States, as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union (TEU), including in terms of strengthening the European Defence Technological and Industrial Base, are fulfilled.
2023/02/01
Committee: IMCO
Amendment 39 #

2022/0219(COD)

Proposal for a regulation
Recital 18
(18) Furthermore, the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to any form of control or restriction by a non-associated third country or a non-associated third country entity.
2023/02/01
Committee: IMCO
Amendment 51 #

2022/0219(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) the actions shall involve cooperation among public authorities of Member States and of associated countries for common procurement ofaddressing the most urgent and critical defence products between eligible entitieneeds implementing the objectives referred to in Article 3;
2023/02/01
Committee: IMCO
Amendment 62 #

2022/0219(COD)

Proposal for a regulation
Article 8 – title
Additional fundingeligibility conditions
2023/02/01
Committee: IMCO
Amendment 65 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 1
1. Member States or associated third countries shall appoint a procurement agent to act on their behalf for the purpose of the common procurement. The procurement agent shall carry out the procurement procedures and conclude the resulting agreements with contractors on behalf of the participating Member StatesMember States and the associated countries participating in the common procurement.
2023/02/01
Committee: IMCO
Amendment 71 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 2
2. The procurement procedures referred to in paragraph 1 shall be based on an agreement to be signed by the participating Member States with the procurement agent under the conditions set out in the work programme referred to in Article 11. The agreement shall specify, inter alia, the details of the procedure and the reason of its choice, the assessment of the tenders and the award of the contract.
2023/02/01
Committee: IMCO
Amendment 76 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. Contractors and subcontractors involved in the common procurement shall be established and have their executive management structures in the Union or in associated countries. They shall not be subject to any form of control by a non- associated third country or by a non- associated third country entity.
2023/02/01
Committee: IMCO
Amendment 81 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 5
5. By way of derogation from paragraph 4, a legal entity established in the Union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common procurement only if it provides guarantees approved by the Member State or associated third country in which the contractor is established.
2023/02/01
Committee: IMCO
Amendment 88 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 8
8. The infrastructure, facilities, assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a Member State or of an associated third country. Where no competitive substitutes are readily available in the Union or in an associated third country, contractors and subcontractors involved in the common procurement may use their assets, infrastructure, facilities and resources located or held outside the territory of the Member States or of the associated third countries provided that such use does not contravene the security and defence interests of the Union and its Member States and is consistent with the objectives set out in Article 3.
2023/02/01
Committee: IMCO
Amendment 97 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 9
9. Common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to a restriction by a non- associated third country or a non- associated third country entity.
2023/02/01
Committee: IMCO
Amendment 98 #

2022/0219(COD)

Proposal for a regulation
Article 8 – paragraph 9 a (new)
9 a. The requirement for the defence product referred to in paragraph 9 does not apply when all the following conditions are met: (a) Common procurement procedures and contracts refer to urgent and critical defence products that are needed to replenish stocks that has been reduced as a result of the response to the Russian military aggression against Ukraine;and (b) the capacity of the EDTIB to fill the most urgent and critical gaps in the stocks of the Member States is not sufficient or is not able to provide the defence products in an adequate timeframe;and (c) Member States or associated countries participating in the common procurement have carefully assessed the feasibility of replacing the components that cause the restriction by an alternative restriction- free component of EU origin;and (d) the procured products were in use prior to 24 February 2022 within the armed forces of all the Member States participating in the common procurement.
2023/02/01
Committee: IMCO
Amendment 115 #

2022/0219(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point a
(a) public contracting authorities or contracting entities as defined in Directives 2014/24/EU9 and 2014/25/EU10 of the European Parliament and of the Council; _________________ 9 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). 10 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).f Member States;
2023/02/01
Committee: IMCO
Amendment 116 #

2022/0219(COD)

Proposal for a regulation
Article 9 – paragraph 1 – point b
(b) public authorities of associated third countries.
2023/02/01
Committee: IMCO
Amendment 120 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 1
1. The cdemonstribuation of the action's contribution to strengthening, modernising and developing the Union defence industrial baseEDTIB to allow it to address in particular the most urgent and critical defence products needs as referred to in Article 3, including with respect to procurement procedure and delivery lead times, replenishment of stocks, availability and supply;
2023/02/01
Committee: IMCO
Amendment 122 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 1 a (new)
1 a. the demonstration of the action’s contribution to the replenishment of stockpiles, including those that have been depleted as a result of the response to the military aggression against Ukraine, as well as the replacement and reinforcement of capabilities as referred to in Article 3;
2023/02/01
Committee: IMCO
Amendment 124 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 2
2. the contribution of the action to competitiveness and adaptation of the EDTIB, including through the envisaged ramp-up of its manufacturing capacities, reservation of manufacturing capacities, its reskilling and upskilling, security of supply and overall modernization;
2023/02/01
Committee: IMCO
Amendment 126 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 3
3. the contribution of the action to strengthening cooperation among Member States or associated countries and interoperability ofrdination, cooperation and interoperability of products among Member States or associated countries in particular the proportional sharing of technical financial risks and opportunities to address, in particular the most urgent and critical defence products; needs;
2023/02/01
Committee: IMCO
Amendment 130 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 4 a (new)
4 a. the estimated value of the common procurement;
2023/02/01
Committee: IMCO
Amendment 136 #

2022/0219(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point 7 a (new)
7 a. the extent of the action's contribution to diversify supply chains through the involvement of SMEs and mid-caps;
2023/02/01
Committee: IMCO
Amendment 296 #

2022/0094(COD)

Proposal for a regulation
Recital 7
(7) Pursuing the environmental goals, including the fight against climate change and the transition towards a carbon- neutral, environmentally sustainable, toxic-free and fully circular economy within planetary boundaries by 2050 at the latest, makes it necessary to establish new environmental obligations and to lay the ground for the development and the application ofapply an assessment method for the calculation of the environmental sustainability of construction products. In order to achieve harmonised and accurate assessments, the Commission should build on the continuing efforts to develop and improve science-based assessment tools, such as the update Product Environmental Footprint method set out in Commission Recommendation (EU) 2021/2279. For the same reason, it is necessary to extend the range of regulated economic operators, since distributors, suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. That range should therefore be extended into two directions, downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. Moreover, certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products.
2022/12/20
Committee: IMCO
Amendment 299 #

2022/0094(COD)

(8) To ensure safety and functionality of construction products and, by extension, of construction works as well as workers and consumers, it is necessary to avoid that items that are not intended by their manufacturers to be construction products are placed on the market as construction products. Importers, distributors and other downstream economic operators should therefore ensure that those pseudo construction products are not sold as construction products. Moreover, certain service providers such as fulfilment service providers or 3D-printing service providers should not contribute to the non- compliances of other economic operators. It is therefore necessary to render relevant provisions applicable also to these services and their providers.
2022/12/20
Committee: IMCO
Amendment 300 #

2022/0094(COD)

Proposal for a regulation
Recital 10
(10) In order to ensure safety and protection of the environment, workers and consumers and to close a regulatory loophole that would otherwise exist, it is necessary to clarify that construction products manufactured on the construction site for immediate incorporation into the construction works are subject to the same rules as other construction products. Micro-enterprises, however, often individually manufacture and install products on site. Subjecting those micro- enterprises under all circumstances to the same rules as other enterprises would disproportionally affect those micro- enterprises. It is therefore necessary to enable Member States to exempt micro- enterprises from drawing up a declaration of performance in specific situations, where the interests of other Member States are not affected. Local authorities should be provided with the necessary financing mechanisms to help microenterprises access and be part of the sustainable product market.
2022/12/20
Committee: IMCO
Amendment 305 #

2022/0094(COD)

Proposal for a regulation
Recital 18 a (new)
(18 a) To deliver in the most efficient way on the European Green Deal’s objectives, to provide predictability for manufacturers, public authorities and the wider construction ecosystem and to address the most impactful products first, the Commission should carry out a prioritisation of product families with the highest impact on climate or energy and resource use to be regulated under this Regulation and requirements that will apply to them. The Commission should, at the latest 6 months after the entry into force of this Regulation and based on a scientific and evidence-based approach, adopt a working plan, laying down a list of product groups for which it plans to adopt requirements.
2022/12/20
Committee: IMCO
Amendment 310 #

2022/0094(COD)

Proposal for a regulation
Recital 20
(20) In order to contribute to the objectives of the European Green Deal and, the Circular Economy Action Plan and the Zero Pollution Action Plan, and to ensure safe and sustainable construction products, safety being one of thehealth, safety, environmental protection and workers and consumer protection being goals to be pursued in the legislation based on Article 114 of the Treaty on the Functioning of the European Union (TFEU), inherent product requirements related to safety, functionality and protection of environment, including climate, are necessary. When setting these requirements, the Commission should take into account their potential contribution to achieving Union climate, environmental and energy efficiency objectives. These requirements do not merely relate to the performance of construction products. Contrary to its predecessor Directive 89/106/EC, Regulation (EU) No. 305/2011 does not provide for the possibility to establish such inherent product requirements. However, certain harmonised standards for construction products contain such inherent product requirements which can relate to environment, to safety or simply to the good functioning of the product. These standards demonstrate that there is a practical need for such requirements on safety, the environment or simply the functioning of products. Article 114 TFEU as the legal base of this Regulation also imposes the pursuit of a high level of protection of the environment, health and human safety. Thus, this Regulation should (re-)introduce or validate inherent product requirements. Whilst these requirements need to be laid down by the legislator, there is a need for specifying them for the more than 30 product families, each with several categories. Hence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to specify the requirements for the respective construction product family or category.
2022/12/20
Committee: IMCO
Amendment 312 #

2022/0094(COD)

Proposal for a regulation
Recital 26
(26) In order to enhance legal clarity and reduce the administrative burden for the economic operators, it is necessary to avoid that construction products are subject to multiple assessments regarding the same aspect of health, safety or protection of the environment, including climate, under different Union legislation. This was confirmed by the REFIT platform recommending that the Commission gives priority to addressing the problems of overlapping and repetitive requirements. The Commission should thus be able to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations of this Regulation, where otherwise the same aspect of health, safety or protection of the environment, including climate, would be assessed in parallel under this Regulation and other Union law.
2022/12/20
Committee: IMCO
Amendment 315 #

2022/0094(COD)

Proposal for a regulation
Recital 28
(28) In particular, in the case of energy- related products included in ecodesign working plans which are also construction products and for intermediary products, with the exception of cement, priority for the setting of sustainability requirements will be given to the [ESPR]. This should be the case for instance for heaters, boilers, heat pumps, water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding building-integrated photovoltaic panels. This Regulation may still intervene in a complementary manner where needed, mainly in relation to safety aspects also taking account of other Union legislation on products such as on gas appliances, low voltage, and machinery. For other products, in order to avoid unnecessary burden for economic operators, the need may arise in future to determine the conditions under which the fulfilment of obligations under other Union law also fulfils certain obligations under this Regulation. The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to determine such conditions.
2022/12/20
Committee: IMCO
Amendment 316 #

2022/0094(COD)

Proposal for a regulation
Recital 32 a (new)
(32 a) Highlights, that the CE marking shall be adapted to specific requirements for the reuse of material ; applying the same certification criteria of new products to reused ones has proven to be one of the main barriers for the reuse of secondary products in the construction sector.
2022/12/20
Committee: IMCO
Amendment 318 #

2022/0094(COD)

Proposal for a regulation
Recital 36
(36) To ensure safety, functionality and sustainability of construction products, and by extension of construction works, all economic operators intervening in the supply and distributionvalue chain should take appropriate measures to ensure that they place or make available on the market only construction products which are in compliance with the binding Union requirements. In order to improve the legal clarity, it is necessary to set explicitly the obligations of economic operators.
2022/12/20
Committee: IMCO
Amendment 320 #

2022/0094(COD)

Proposal for a regulation
Recital 42
(42) To optimise the pursuit of the goals of the European Green Deal and of the Circular Economy Action Plan, the manufacturers should be obliged to reach a fair level ofensure both their products and manufacturing contribute significantly towards the Union's climate and environmental objectives by substainability, both for their products and their manufactuntially improving their products' environmental footpringt. This obligation requires trade-off-decisions between different environmental aspects and between environmental and safety aspects, whilst both environmental and safety aspects can relate to the product as such or to the construction works. To give manufacturers certainty about how to make these trade-off decisions, this Regulation should set out clear trade-off rules.
2022/12/20
Committee: IMCO
Amendment 321 #

2022/0094(COD)

Proposal for a regulation
Recital 44
(44) In view of enhancing the circularity of construction products, in line with the goals of the Circular Economy Action Plan, manufacturers should favour and the waste hierarchy, manufacturers should prevent waste generation by facilitating and prioritizing repair, re-use, and remanufacturing and, when products come to the end of their life, ensure recycling of their products. The (preparation for) re-use, remanufacturing and recycling require certain designspecific design choices, namely by facilitating the separation of products, components and materials during de-installation, deconstruction and demolition and at the later stage of recycling and avoiding mixed, blended or intricate materials. The use of substances of concern should be avoided to facilitate the safe and sustainable re-use and recycling of construction products. As the usual instructions for use will not necessarily reach the economic operators in charge of (preparation for) re-use, remanufacturing and recycling, the necessary information in this regard should be made available in product databases or systems and on the manufacturer’s websites, in addition to the instructions for use.
2022/12/20
Committee: IMCO
Amendment 322 #

2022/0094(COD)

Proposal for a regulation
Recital 44 a (new)
(44 a) Considering the fact that climate and environmental impacts of certain construction products are more significant than others, prioritisation of sustainability measures, both in terms of product requirements and harmonised specifications, should be clearly highlighted.
2022/12/20
Committee: IMCO
Amendment 323 #

2022/0094(COD)

Proposal for a regulation
Recital 44 b (new)
(44 b) The use of bio-based construction products can improve the embodied carbon performance of buildings when substituting more carbon-intensive materials such as conventional cement and steel, provided that the overall climate impacts of biomass production are included in a whole lifecycle assessment and demonstrate lower global warming potential. Similarly, a lower relative impact is also to be demonstrated on other key environmental impact indicators. Construction material sourcing should not contribute to land use change, such as deforestation and forest degradation.
2022/12/20
Committee: IMCO
Amendment 324 #

2022/0094(COD)

Proposal for a regulation
Recital 46 a (new)
(46 a) Since significant impacts on our carbon budget and environment are due to construction products, they shall be subject to the same level of stringency as other products covered by Ecodesign for Sustainable Products Regulation (XXX/XXX). Therefore, this Regulation shall mirror all obligations and requirements set for other products under Ecodesign Regulation (XXX/XXX).
2022/12/20
Committee: IMCO
Amendment 327 #

2022/0094(COD)

Proposal for a regulation
Recital 58 a (new)
(58 a) To enable the implementation of the objectives of the Renovation Wave this Regulation must support harmonised declarations of performance for low emission construction products fit for energy efficient buildings. Therefore, this Regulation foresees the establishment and use of harmonised lowest concentrations of interest (EU LCI) for the assessment of emissions of volatile organic compounds and their publication in the internet, the determination and assessment of the release of volatile organic compounds by means of a horizontal harmonised test standard for the emissions of construction products and the assessment of mixture effects of the emitted substances with the hazard index calculated using EU LCI. This Regulation ensures that all volatile organic compound emissions are assessed according to the same health criteria and independent of the specific construction product source.
2022/12/20
Committee: IMCO
Amendment 332 #

2022/0094(COD)

Proposal for a regulation
Recital 106
(106) The objectives of this Regulation, namely the free circulation of construction products on the internal market, the protection of human health and safety, and the protection of the environment including climate change adaptation and mitigation, cannot be sufficiently achieved by the Member States, as Member States tend to establish very diverging requirements for construction products, with an uneven level of protection of human health and safety and of the environment. These objectives can rather be better achieved at Union level by establishing a harmonised assessment framework for the performance of construction products and certain product requirements for the protection of human health and safety and of the environment. Accordingly, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
2022/12/20
Committee: IMCO
Amendment 337 #

2022/0094(COD)

Proposal for a regulation
Article 1 – paragraph 1 – introductory part
This Regulation establishes harmonised rules for the making available on the market and direct installation and deinstallation of construction products, regardless of whether undertaken in the framework of a service or not, by establishing:
2022/12/20
Committee: IMCO
Amendment 341 #

2022/0094(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b
(b) Ecodesign requirements, environmental, including climate, functional and safety product requirements for construction products.
2022/12/20
Committee: IMCO
Amendment 346 #

2022/0094(COD)

Proposal for a regulation
Article 1 – paragraph 2 a (new)
This Regulation shall contribute to the efficient functioning of the internal market and ensuring the safety of construction products as well as workers and consumers, while preventing and reducing the adverse impacts of construction products on the environment and the health and safety of workers, towards a carbon-neutral, environmentally sustainable, toxic-free and fully circular economy within planetary boundaries by 2050 at the latest.
2022/12/20
Committee: IMCO
Amendment 371 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a
(a) those used construction products or items are imported from third countries without having been placed on the Union market before;
2022/12/20
Committee: IMCO
Amendment 373 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point b
(b) the economic operator has changed the intended use of those used construction products or items from the intended use assigned to those construction products or items by the initial manufacturer in another way than by a reduction in terms of performance or intended uses or to mere decoration” purposes, those purposes being defior reclamation dealer claims compliance with characteristics listed in Annex I and related performance, through best available techniques and assessment methods, against the intended use assigned byto the absence of any structural function for the construction works;used construction products
2022/12/20
Committee: IMCO
Amendment 376 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point e
(e) the economic operator making the used construction products or item available on the market opts for the application of this Regulation.deleted
2022/12/20
Committee: IMCO
Amendment 391 #

2022/0094(COD)

Proposal for a regulation
Article 2 – paragraph 3 – point e a (new)
(e a) solid fuel heaters which are already regulated in Ecodesign for Sustainable Product Regulation
2022/12/20
Committee: IMCO
Amendment 402 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘construction product’ means any formed or formless physical itemproduct, including its packaging and instructions for use, or a kit or assembly combining such items, that is, which is produced as an end product and placed on the market or produced for incorporation in a permanent manner in construction works or parts thereof within the Union, with the exception of items tconstruction works and the performance of which hats are necessarily first integrated into an assembly, kit or on effect on ther construction product prior to being incorporated in a permanent manner inworks with respect to the basic requirements for construction works;
2022/12/20
Committee: IMCO
Amendment 404 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
(1 a) ‘intermediate product’ means a product that requires further manufacturing or transformation such as mixing, coating or assembling to make it suitable for end users;
2022/12/20
Committee: IMCO
Amendment 407 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) ‘permanent’ means for a duration of two years or longerinstallation during a lifetime of a construction work;
2022/12/20
Committee: IMCO
Amendment 411 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
(4 a) 'decorative purposes' means aesthetic goals not related to the basic requirements on construction works as listed in Annex I
2022/12/20
Committee: IMCO
Amendment 419 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 8
(8) product requirements' means a threshold lequantitativel or another characteristic with which a product has to comply before it can be placed on the market or installed directly, including those requirements relating to labelling and instructions for use or other information to be providedn-quantitative requirement for on in relation to a product to achieve a certain performance level before it can be placed on the market or installed directly, in relation to a product parameter referred to in article 5 or article 22, and laid down in Annex I part B to D and specified in accordance with article 5(2);
2022/12/20
Committee: IMCO
Amendment 423 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 9 a (new)
(9 a) 'recycled content' means the proportion, by mass, of recycled material in a construction product or packaging. Only such pre-consumer and post- consumer materials are considered as recycled content for which zero pollution criteria are defined in a European standard for the recyclates concerned.
2022/12/20
Committee: IMCO
Amendment 438 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 19 a (new)
(19 a) ‘product passport’ means a set of data specific to a product that includes the information specified in the applicable delegated act adopted pursuant to Article 4 and that is accessible via electronic means through a data carrier in accordance with Chapter III;
2022/12/20
Committee: IMCO
Amendment 447 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 32
(32) ‘state of the art’ means a way to achieve a certain goal which is either the most effective and advanced or close to it and thus above the average of ways which can be chosen;deleted
2022/12/20
Committee: IMCO
Amendment 470 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 63 a (new)
(63 a) 'life-cycle assessment' means approach to assess the carbon footprint of construction products and make the information available to allow customers to compare and choose sustainable materials.
2022/12/20
Committee: IMCO
Amendment 471 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 64 a (new)
(64 a) 'reuse or reclamation dealer’ is an economic actor who acquires and sells reclaimed construction elements. Most salvage or reclamation dealers are equipped to under take specific operations to prepare reclaimed construction elements for reuse. This involves, for example, sorting, cleaning, dimensioning, documenting, advertising and shipping. Some salvage or reclamation dealers combine the sale of reclaimed products with an activity as deconstructors or demolition contractors.
2022/12/20
Committee: IMCO
Amendment 472 #

2022/0094(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 71 a (new)
(71 a) substance of concern’ means a substance that: (a) meets the criteria laid down in Article 57and is identified in accordance with Article59(1) of Regulation (EC) No 1907/2006;or (b) is classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in one of the following hazard classes or hazard categories: – carcinogenicity categories 1 and 2, – germ cell mutagenicity categories 1 and 2, – reproductive toxicity categories 1 and 2, [to be added in the course of the legislative procedure once Regulation (EC) No1272/2008 contains these hazard classes:Persistent, Bioacumulative, Toxic (PBTs),very Persistent very Bioaccumulative (vPvBs);Persistent, Mobile and Toxic (PMT), very Persistent very Mobile (vPvM);Endocrine disruption], – respiratory sensitisation category 1, – skin sensitisation category 1, – chronic hazard to the aquatic environment categories 1 to 4, – hazardous to the ozone layer,– specific target organ toxicity – repeated exposure categories 1 and 2, – specific target organ toxicity – single exposure categories 1 and 2;or (c) negatively affects the re-use and recycling of materials in the product in which it is present;
2022/12/20
Committee: IMCO
Amendment 481 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
The essential characteristics specified in accordance with paragraph 1 or listed in Annex I Part A Point 2with the exclusion of paragraph 1(8) and the methods for their assessment shall be laid down in standards which are rendered mandatory for purposes of application of this Regulation. The essential characteristics of products shall be identified in view of the basic requirements for construction works, taking account of the regulatory needs of Member States, as well as climate and social objectives as set out in the European Green Deal, the European Pillar of Social rights and circularity objectives pursued by Regulation (EUXXXXXX) [ecodesign for sustainable products Regulation].
2022/12/20
Committee: IMCO
Amendment 486 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
The Commission mayshall issue standardisation requests in accordance with Article 10 of Regulation (EU) 1025/2012 laying down the basic principles and corner stones for the establishment of these essential characteristics listed in Annex I Part A point 1 (1) to 1 (7) and their assessment methods.
2022/12/20
Committee: IMCO
Amendment 491 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 3
The respective standardisation requests may also include a request that the European standardisation organisation determine in the standards referred to in the first subparagraph the voluntary or mandatory threshold levels and classes of performance in relation to the essential characteristics and which of the essential characteristics may or shall be declared by manufacturers covered . In that case, the Commission shall lay down the basic principles and corner stones for the establishment of the threshold levels, classes and mandatory characteristics in the standardisation request.
2022/12/20
Committee: IMCO
Amendment 493 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 4 a (new)
Within 12 months of the adoption of this Regulation, the Commission shall produce a report detailing where standards adopted are not in line with EU climate and environmental legislation, and detail steps to adopt Delegated Acts to rectify this shortcoming.
2022/12/20
Committee: IMCO
Amendment 523 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 3 a (new)
3 a. The essential characteristics covering sustainable use of natural resources and environmental aspects listed in Annex I Part A Point 1 paragraph 1(8) and Point 2, including the methods for their assessment under art. 22(1), shall be covered by delegated acts in accordance with article 87. The respective delegated act shall also determine mandatory threshold levels and classes of performance in relation to the essential characteristics covered.
2022/12/20
Committee: IMCO
Amendment 531 #

2022/0094(COD)

Proposal for a regulation
Article 4 – paragraph 4 – introductory part
4. In order to cover the regulatory needs of Member States and, to pursue the environmental, safety and harmonisation goals of Article 114 of the Treaty on the Functioning of the European Union, and in order to contribute to the objectives of the European Green Deal and the Circular Economy Action Plan, and to ensure safe construction products, safety being one of the goals to be pursued in the legislation based on Article 114 of the Treaty on the Functioning of the European Union (TFEU), inherent product requirements related to safety, functionality and protection of environment, including climate, are necessary. the Commission is empowered to supplement this Regulation, by means of delegated acts in accordance with Article 87, by determining, for particular product families and categories, the following:
2022/12/20
Committee: IMCO
Amendment 543 #

2022/0094(COD)

Proposal for a regulation
Article 5 – title
Product performance and information requirements
2022/12/20
Committee: IMCO
Amendment 549 #

2022/0094(COD)

Proposal for a regulation
Article 5 – paragraph 1
1. All products covered by this Regulation shall, prior to their placing on the market or direct installation, satisfy the generic, directly applicable product information requirements set out in Annex I Part D and the product performance requirements laid down in Annex I Part B and C as specified for the respective product family or category in accordance with paragraph 2. The product requirements laid down in Annex I Part B and C are only applicable where they have been specified in accordance with paragraph 2.
2022/12/20
Committee: IMCO
Amendment 558 #

2022/0094(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. In order to specify the product requirements set out in Annex I Part B, C and D, the Commission is empowered toshall supplement this Regulation, by means of delegated acts in accordance with Article 87, by specifying, for particular product families and categories, these product requirements and by laying down the corresponding assessment methods. Once the Commission has specified these product requirements by delegated acts, it may issue standardisation requests which aim at the elaboration of voluntary harmonised standards providing presumption of conformity with these mandatory product requirements as specified by these delegated acts.
2022/12/20
Committee: IMCO
Amendment 560 #

2022/0094(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. The Commission is empowered to amend Annex I Part B, C and D by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and in particular to cover new risks and environmental aspects.
2022/12/20
Committee: IMCO
Amendment 563 #

2022/0094(COD)

Proposal for a regulation
Article 5 – paragraph 3 a (new)
3 a. For performance requirements set in Annex I part B and C, the respective delegated acts shall, as appropriate, include: (a) minimum or maximum levels in relation to a specific product parameter referred to in Annex I part B and C or a combination thereof. (b) non-quantitative requirements that aim to improve performance in relation to one or more parameters referred to in Annex I part B and C or a combination thereof.
2022/12/20
Committee: IMCO
Amendment 564 #

2022/0094(COD)

Proposal for a regulation
Article 5 – paragraph 3 b (new)
3 b. For Information requirements set out in Annex I part D, manufacturers are required to disclose information in the Declaration of Conformity.
2022/12/20
Committee: IMCO
Amendment 565 #

2022/0094(COD)

Proposal for a regulation
Article 5 – paragraph 3 c (new)
3 c. The Commission is empowered to amend Annex I Part B, C and D by means of delegated acts in accordance with Article 87 in order to adapt it to technical progress and in particular to cover new risks and environmental aspects.
2022/12/20
Committee: IMCO
Amendment 567 #

2022/0094(COD)

Proposal for a regulation
Article 5 a (new)
Article 5 a Alignement with the Ecodesign for Sustainable Products Regulation 48 months after the entry into force of this Regulation, the Commission shall perform a study to assess the alignment of the revised Construction Products Regulation with the [Ecodesign for Sustainable Products Regulation..]. The assessment shall include the following criteria: (a) A first working plan has been established as of art. [5a] (b) the timeline pursued is comparable. (c) Relevant performance requirements have been developed for the top three products identified by the working plan established by art.[5a] In case the assessment is negative, the Ecodesign for Sustainable Products RegulationXXX/XXXX shall apply directly.
2022/12/20
Committee: IMCO
Amendment 577 #

2022/0094(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The harmonised zone shall be presumed to be comprehensive, covering all potentialcover the requirements for products other than those covered by other Union lawmandatory harmonised standards.
2022/12/20
Committee: IMCO
Amendment 579 #

2022/0094(COD)

(c) unless otherwise specified in accordance with Article 5(3), national law, other rules or administrative action shall not duplicate or go beyond product requirements specified in accordance with Article 5 or the threshold levels established in accordance with Article 4(4);deleted
2022/12/20
Committee: IMCO
Amendment 580 #

2022/0094(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
This paragraph shall also apply to public tenders or direct attributions of contracts where those public tenders or direct attributions are executed under direct or indirect control of public entities or are executed with reference to public provisions on public tenders or direct attribution of contracts. This paragraph shall also apply to grants or other positive incentives with the exception of fiscal incentives. However, hHarmonised technical specifications may permit or recommendrequire the Member States to link the decisions on the attribution of public tenders, of contracts or of grants or other positive incentives to sub-classes or additional classes other than those established in accordance with Article 4(4) where these still relate to environmental performances assessed in accordance with these harmonised technical specifications.
2022/12/20
Committee: IMCO
Amendment 585 #

2022/0094(COD)

Proposal for a regulation
Article 7 – paragraph 7 – point a
(a) the owner of the product, whilst having a choice amongst the manufacturer, the importer or the distributor as addressee, is in charge of the transport back to the distributor, importer or manufacturer;deleted
2022/12/20
Committee: IMCO
Amendment 588 #

2022/0094(COD)

Proposal for a regulation
Article 7 – paragraph 8
8. Member States may ban the destruction of surplus and unsold products or products taken back in accordance with Article 22(2), point (j) and Article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non- commercial use of products.
2022/12/20
Committee: IMCO
Amendment 590 #

2022/0094(COD)

Proposal for a regulation
Article 7 – paragraph 8 a (new)
8 a. Taking into account national destruction bans in accordance with paragraph (8) and the information provided in accordance with Article 22a, the Commission shall be empowered to adopt delegated acts according to Article 87 to supplement this Regulation by prohibiting economic operators to destroy surplus and unsold products in the Union, where the destruction of such products falling within a certain product family or category has significant environmental impact
2022/12/20
Committee: IMCO
Amendment 602 #

2022/0094(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The declaration of performance shall express the performance of products in relation to the essential characteristics of those products in accordance with the relevant harmonised technical specifications, delegated act as of art. 4(3) or European aAssessment documents.
2022/12/20
Committee: IMCO
Amendment 604 #

2022/0094(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The declaration of performance shall be drawn up using the model set out in Annex II without the section relating to conformity. The declaration of performance shall at least cover the performance with regard to the mandatory essential characteristics listed in Annex I Ppart A Ppoint 1.3, point 1.8 and point 2, the essential characteristics mandatory by virtue of harmonised technical specifications or delegated acts adopted in accordance with Aarticle 4(3), and the assessment of environmental sustainability referred to in Article 22(1). Information disclosed under point 2 must be product specific.
2022/12/20
Committee: IMCO
Amendment 607 #

2022/0094(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. The following information referred to in Article 31 or, as the case may be, in Article 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council45 shall be provided together with the declaration of performance. _________________ 45 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1.)on substances of concern added to the product shall be provided together with the declaration of performance.
2022/12/20
Committee: IMCO
Amendment 608 #

2022/0094(COD)

Proposal for a regulation
Article 11 – paragraph 4 – point a (new)
(a) information on included substances meeting the criteria laid down in Article 57 and is identified in accordance with Article 59(1) of Regulation (EC) No 1907/2006;
2022/12/20
Committee: IMCO
Amendment 609 #

2022/0094(COD)

Proposal for a regulation
Article 11 – paragraph 4 – point b (new)
(b) information on included substances classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in one of the following hazard classes or hazard categories: – carcinogenicity categories 1 and 2,– germ cell mutagenicity categories 1 and 2, - reproductive toxicity categories 1 and 2, [to be added in the course of the legislative procedure once Regulation (EC) No 1272/2008 contains these hazard classes: Persistent, Bioacumulative, Toxic (PBTs), very Persistent very Bioaccumulative (vPvBs); Persistent, Mobile and Toxic (PMT), very Persistent very Mobile (vPvM); Endocrine disruption], – respiratory sensitisation category 1,– skin sensitisation category 1, – chronic hazard to the aquatic environment categories 1 to 4, – hazardous to the ozone layer,– specific target organ toxicity – repeated exposure categories 1 and 2, – specific target organ toxicity – single exposure categories 1 and 2.
2022/12/20
Committee: IMCO
Amendment 610 #

2022/0094(COD)

Proposal for a regulation
Article 11 – paragraph 4 a (new)
4 a. The substances of concern shall be declared using the model set out in Annex II. In addition, a digital link to the safety data sheet referred to in Regulation (EC) No 1907/2006 of the European Parliament and of the Council shall be provided.
2022/12/20
Committee: IMCO
Amendment 611 #

2022/0094(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Where there is no declaration of performance available for a used product issued by the initial manufacturer or another economic operator pursuant to this Regulation or Regulation (EU) 305/2011, an economic operator, may issue a new declaration of performance without undergoing a full procedure in accordance with this Regulation where it limits the intended use to “decoration”claims compliance with characteristics listed in Annex I and related performance, through best available techniques and assessment methods, against the intended use assigned to the used construction products. Where the economic operator has used this derogation, the declaration of performance shall be labelled “declaration of performance for used product”.
2022/12/20
Committee: IMCO
Amendment 614 #

2022/0094(COD)

Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1. BeforeIn order to placinge a product on the market, the manufacturer who is not exempted from the obligation to produce a declaration of performance shall:
2022/12/20
Committee: IMCO
Amendment 615 #

2022/0094(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point a
(a) verify the product's compliance with the directly applicable information requirements contained in Annex I Part D, and with the product requirements of Annex I Ppart B and C to the extent that they have been specified by delegated acts in accordance with Article 5(2), and with the product requirements of Annex I Part D; Article 22, and
2022/12/20
Committee: IMCO
Amendment 618 #

2022/0094(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) draw up a declaration of conformity stating that the fulfilment of product and information requirements specified in the applicable delegated acts adopted pursuant to art. 5 and art. 22 have been demonstrated. It shall be continuously updated.
2022/12/20
Committee: IMCO
Amendment 628 #

2022/0094(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. Declarations mayshall contain permalinks to unamendable environmental product declarations or other unamendable documents containing the requestedmandatory information ifon those documents follow the order and structure of the declarations or if a correlation table linking the order of the declarations to the order of these documents is provided together with the permalinke environmental performance of construction products.
2022/12/20
Committee: IMCO
Amendment 644 #

2022/0094(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. The CE marking shall be affixed to those products for which the manufacturer has drawn up a declaration of performance orand conformity in accordance with Articles 9 and 11 to 14. The CE marking shall be affixed to key parts. The CE marking may not be affixed to parts which are not key parts.
2022/12/20
Committee: IMCO
Amendment 658 #

2022/0094(COD)

Proposal for a regulation
Article 18 – paragraph 1
Markings other than the CE marking, including private ones and excluding Type I (ISO 14024) ecolabels, may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone.
2022/12/20
Committee: IMCO
Amendment 680 #

2022/0094(COD)

Proposal for a regulation
Article 21 – paragraph 2 – introductory part
2. The manufacturer shall refrain from any claim about the characteristics and performance of a product that is not based on:
2022/12/20
Committee: IMCO
Amendment 690 #

2022/0094(COD)

Proposal for a regulation
Article 21 – paragraph 7
7. The manufacturer shall upload the datashare the information of the declaration of performance, including mandatory information on the environmental performance of construction products and of the declaration of conformity, the information referred to in paragraph 6 and the technical documentation in the EU product database or systemthrough the Digital Product Passport established in accordance with Article 78.
2022/12/20
Committee: IMCO
Amendment 724 #

2022/0094(COD)

Proposal for a regulation
Article 30 – paragraph 1 – point a
(a) provide to manufacturers, notified bodies and authorities all available information on the social and environmental sustainability of their supplied component or service; all along their lifecycle, in compliance with article 4, article 5 and article 22 and including relevant information over raw material extraction and biodiversity impacts.
2022/12/20
Committee: IMCO
Amendment 729 #

2022/0094(COD)

Proposal for a regulation
Article 32 – paragraph 1 – point b
(b) the economic operator uses the currency of the Member States or a crypto- currency covered by Regulation (EU) […]47 unless, in the latter case, selling to the Union is explicitly excluded by effective means; _________________ 47 Future Regulation of the European Parliament and of the Council on Markets in Crypto-assets, and amending Directive (EU) 2019/1937, see COM/2020/593 final.
2022/12/20
Committee: IMCO
Amendment 730 #

2022/0094(COD)

Proposal for a regulation
Article 32 – paragraph 2
2. Member States shall designate a single centralised market surveillance authority responsible for detecting products offered from economic operators outside the Union to clients on their territory online and via other distance sales methods, and that may not respect the Union rules and norms.
2022/12/20
Committee: IMCO
Amendment 751 #

2022/0094(COD)

Proposal for a regulation
Article 46 – paragraph 6
6. The Commission may make the financing of the organisation of TABs, regardless of via grants or public tenders, subject to the fulfilment tof certain organisational and performance requirements, including with regard to a fair geographic distribution of TABs.
2022/12/20
Committee: IMCO
Amendment 765 #

2022/0094(COD)

Proposal for a regulation
Article 70 a (new)
Article 70 a Launch of market surveillance procedure 1. Where market surveillance authorities have sufficient reason to believe that: (a) a product presents a risk as defined in Article 3(70), including an indirect risk for the environment due to an erroneous calculation of the environmental sustainability; (b) a product is not compliant with requirements set out in or by means of this Regulation, including the case of erroneous calculation of the environmental sustainability; or (c) an economic operator does not comply with its obligations set out in or by means of this Regulation;they shall carry out an evaluation in relation to the compliance with the rules set out in or by means of this Regulation and, where appropriate, an assessment of the level of the risk involved.The evaluation and, where appropriate, assessment shall be based on available evidence and technical data, and shall take into consideration available relevant test results or other assessments carried out or issued in relation to the product by an economic operator or any other person or authority including the authorities of other Member States. Such information shall however not prevent market surveillance authorities from performing additional checks or assessments. 2. Where, based on such evaluation and assessment, a product is considered to present a serious risk as defined by Article 3(71), the market surveillance authorities shall apply Article 19(1) of Regulation (EU) 2019/1020.
2022/12/20
Committee: IMCO
Amendment 766 #

2022/0094(COD)

Proposal for a regulation
Article 70 b (new)
Article 70 b Market surveillance authorities:access to documents Market surveillance authorities shall have the powers listed in Article 14(4) of Regulation (EU) 2019/1020. These powers are, by virtue of this Regulation and only for the scope of application of this Regulation, extended and complemented so as to include the following powers: (a) the power to require any public authority, body or agency within the same Member State and any economic operator and natural or legal person supporting them to provide the documents, technical specifications, data, and information listed in point (a) and (b) of Article 14(4) of Regulation (EU) 2019/1020 and relevant for compliance with this Regulation or the documents and information referred to in Chapters II to VIII of this Regulation; (b) the power to, before submitting a reasoned request under Article 22(2) of Regulation (EU) 2019/1020, directly request information from economic operators and natural or legal persons supporting them in another Member State; (c) the power to request information from authorities, economic operators and natural or legal persons supporting the latter, where all these are located in third countries;
2022/12/20
Committee: IMCO
Amendment 777 #

2022/0094(COD)

1. The Commission is empowered toBy 31 December 2026, the Commission shall supplement this Regulation by means of delegated act according to Article 87, by setting up a Union construction products database or system that builds to the extent possible onDigital Product Passport that builds on and is interoperable with the Digital Product Passport established by Regulation (EU) ... [Regulation on ecodesign for sustainable products]., such database should ensure the provision of a list of sustainable products deemed appropriate for construction practices ;
2022/12/20
Committee: IMCO
Amendment 780 #

2022/0094(COD)

Proposal for a regulation
Article 78 – paragraph 2
2. Economic operators may access all information stored in that database or system which regards them specifically. They may request that incorrect information is correcdeleted.
2022/12/20
Committee: IMCO
Amendment 783 #

2022/0094(COD)

Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – introductory part
The Commission may, by implementing acts give access to this databasdefine specific conditions applicable for system to certain authorities of third countries that apply voluntarily this Regulation or that have regulatory systems for construction products similar to this Regulation provided that these countries:construction products specifically. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88(1).
2022/12/20
Committee: IMCO
Amendment 784 #

2022/0094(COD)

Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point a
(a) ensure confidentiality,deleted
2022/12/20
Committee: IMCO
Amendment 786 #

2022/0094(COD)

Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point b
(b) are partners of a mechanism for lawful transfers of personal data compliant with the Regulation (EU) 2016/67948 , _________________ 48 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1–88.deleted
2022/12/20
Committee: IMCO
Amendment 788 #

2022/0094(COD)

Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point c
(c) commit to engage actively by notifying facts that might trigger the need for action of market surveillance authorities, andeleted
2022/12/20
Committee: IMCO
Amendment 791 #

2022/0094(COD)

Proposal for a regulation
Article 78 – paragraph 3 – subparagraph 1 – point d
(d) commit to engage against economic operators infringing this Regulation from their territory.deleted
2022/12/20
Committee: IMCO
Amendment 795 #

2022/0094(COD)

Proposal for a regulation
Article 82 – paragraph 1 – point e
(e) scientific, technical, and regulatory matters, aiming to improve product safety or, the protection of the environment, environment and protection of workers and consumers ;
2022/12/20
Committee: IMCO
Amendment 799 #

2022/0094(COD)

Proposal for a regulation
Article 83 – paragraph 1 – subparagraph 1
Where Member States provide incentives for a product category covered by a delegated act establishing performance classes in accordance with Article 4(4), point (a) or a “traffic-light-labelling”scoring system in accordance with Article 22(5), those incentives shall aim at the highest two populated classes / colour codesclasses/score , or at higher classes / better colour codes.
2022/12/20
Committee: IMCO
Amendment 801 #

2022/0094(COD)

Proposal for a regulation
Article 83 – paragraph 2 – subparagraph 2 – point a a (new)
(a a) the environmental benefits derived from the uptake of products in the highest two classes/scores
2022/12/20
Committee: IMCO
Amendment 808 #

2022/0094(COD)

Proposal for a regulation
Article 84 – paragraph 1
1. The Commission is empowered toshall supplement this Regulation by delegated acts according to Article 87 by 31 December 2025, by establishing mandatory sustainability requirements applicable to all public contracts, including implementation, monitoring and reporting of those requirements by Member States, through the support of local authorities. Member states will provide technical and financial assistance to local authorities to upskill and reskill the staff in charge of public contracts and public procurement.
2022/12/20
Committee: IMCO
Amendment 812 #

2022/0094(COD)

Proposal for a regulation
Article 84 – paragraph 2
2. Requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3, point (1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, mayshall take the form of mandatory technical specifications, selection criteria, award criteria, contract performance clauses, labels as defined in Article 43 of Directive 2014/24/EU, or targets, as appropriate.
2022/12/20
Committee: IMCO
Amendment 817 #

2022/0094(COD)

Proposal for a regulation
Article 84 – paragraph 3 – point b
(b) the need to ensure sufficient demand for more environmentally sustainable products;environmental benefits entailed by the uptake of products in the highest two classes/scores.
2022/12/20
Committee: IMCO
Amendment 823 #

2022/0094(COD)

Proposal for a regulation
Article 84 – paragraph 3 – point c
(c) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products, without entailing disproportionate costas determined on a total lifetime and operating cost basis.
2022/12/20
Committee: IMCO
Amendment 825 #

2022/0094(COD)

Proposal for a regulation
Article 84 – paragraph 3 – point c a (new)
(c a) the relevant Union green public procurement criteria.
2022/12/20
Committee: IMCO
Amendment 826 #

2022/0094(COD)

Proposal for a regulation
Article 84 – paragraph 3 a (new)
3 a. Where a product is covered by the Union green public procurement criteria but not yet by harmonised technical specifications, contracting authorities and contracting entities shall make best efforts to purchase only products and services that respect at least the technical specifications set at ‘core’ level in the relevant Union green public procurement criteria including among others for Office Building Design, Construction and Management and Union green public procurement criteria for Road Design, Construction and Maintenance.
2022/12/20
Committee: IMCO
Amendment 34 #

2022/0092(COD)

Proposal for a directive
Recital 3
(3) In order to deter traders from deceiving consumers as regards the environmental or social impact, durability or reparability of their products, including through the overall presentation of the products, Article 6(1) of Directive 2005/29/EC should be amended by adding the environmental or social impact, durability and reparability of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading, following a case-by-case assessment. Information provided by traders on the social sustainability of products, such as working conditions, charity contributions or animal welfare, should not mislead consumers either. Annex I to Directive 2005/29/EC should be amended to prohibit making generic social claims.
2022/10/14
Committee: ENVI
Amendment 37 #

2022/0092(COD)

Proposal for a directive
Recital 4
(4) Environmental claims, in particular climate-related claims, increasingly relate to future performance in the form of a transition to carbon or climate neutrality, or a similar objective, by a certain date. Through such claims, traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. To ensure the fairness and credibility of such claims, Article 6(2) of Directive 2005/29/EC should be amended to prohibit such claims, following a case- by-case assessment, when they are based on offsetting schemes or not supported by clear, objective and verifiable commitments and targets given by the trader. Such claims should also be supported by an independent monitoring system to monitor the progress of the trader with regard to the commitments and target including a realistic implementation plan which should include concrete and verifiable interim targets without relying on offsets, and be based on existing technologies only. That plan should have sufficient budget allocated to it. Such claims should also be supported by an independent monitoring system to monitor the progress of the trader with regard to the commitments and targets. Before making an environmental claim related to future environmental performance, the claim, the underlying commitments and targets and the implementation plan should be verified and approved by an independent monitoring system. The trader making a claim should report on the progress towards the claimed future environmental performance, based on the implementation plan, on an annual basis. The implementation plan and all progress reports should be publicly available. The independent monitoring system should review the annual progress reports and should be enabled to revoke the right to make a certain claim if the progress reports do not show sufficient progress.
2022/10/14
Committee: ENVI
Amendment 42 #

2022/0092(COD)

Proposal for a directive
Recital 4 a (new)
(4a) Environmental claims related to future environmental performance should only be used at the trader level and not on the product level.
2022/10/14
Committee: ENVI
Amendment 48 #

2022/0092(COD)

Proposal for a directive
Recital 7
(7) The displaying of sustainability labels or sustainability information tools which were not pre-approved by a Union body or a national authority and which are not based on an accredited certification scheme or not established by public authorities should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. The certification scheme should fulfil minimum transparency and credibility conditionsSustainability labels or sustainability information tools that have been pre- approved should be recognised by all Member States according to the principle of mutual recognition and should fulfil certain minimum requirements. The Commission should be empowered to adopt a delegate acts to set out the minimum requirements for such labels and tools. The certification scheme should fulfil minimum transparency and credibility conditions consistent with the United Nations Environment Programme guidelines on product sustainability information and should be accredited in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council1a. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in case of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation. _______ 1a Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
2022/10/14
Committee: ENVI
Amendment 54 #

2022/0092(COD)

Proposal for a directive
Recital 9
(9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. Examples of such generic environmental claims are ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘climate neutral’, ‘plastic neutral’, ‘energy efficient’, ‘biodegradable’, ‘biobased’ or similar statements, as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. Such generic environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated or whenever the specification of the claimy are based on offsetting of environmental impacts through, for example purchase of carbon or plastic credits, or whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim, using science- based assessment tools such as the updated Product Environmental Footprint method set out in Commission Recommendation (EU) 2021/22791a or, where relevant, equivalent methods allowed under Regulation (EU) …/... [ecodesign for sustainable products Regulation] or equivalent methods established under Union or national law, is not provided in clear and prominent terms in the immediate proximity of the claim on the same medium, such as the same advertising spot, product’s packaging or online selling interface. For example, the claim ‘biodegradable’, referring to a product, would be a generic claim, whilst claiming that ‘the packaging is biodegradable through home composting in one month’ would be a specific claim, which does not fall under this prohibition. ________ 1a Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 471, 30.12.2021, p. 1).
2022/10/14
Committee: ENVI
Amendment 64 #

2022/0092(COD)

Proposal for a directive
Recital 1
(1) In order to tackle unfair commercial practices which prevent consumers from making sustainable consumption choices, such as practices associated with the early obsolescence of goods, misleading or false environmental claims (“greenwashing”), non-transparent, non-certified and non- credible sustainability labels or sustainability information tools, specific rules should be introduced in Union consumer law. This would enable national competent bodies to address those practices effectively. By ensuring that environmental claims are reliable and fair, consumers will be able to choose products that are genuinely better for the environment than competing products. This will encourage competition towards more environmentally sustainable products, thus reducing negative impact on the environment.
2022/11/24
Committee: IMCO
Amendment 66 #

2022/0092(COD)

Proposal for a directive
Recital 3
(3) In order to deter traders from deceiving consumers as regards the environmental or social impact, durability or reparability of their products, including through the overall presentation of the products, Article 6(1) of Directive 2005/29/EC should be amended by adding the environmental or social impact, durability and reparability of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading, following a case-by-case assessment. Information provided by traders on the social sustainability of products, such as working conditions, charity contributions or animal welfare, should not mislead consumers either. This includes statements such as “fairly produced”, “sustainable sound production”, "socially just". Making generic social claim should therefore be added to the Annex I of this Directive.
2022/11/24
Committee: IMCO
Amendment 69 #

2022/0092(COD)

Proposal for a directive
Recital 4
(4) Environmental claims, in particular climate-related claims, increasingly relate to future performance in the form of a transition to carbon or climate neutrality, or a similar objective, by a certain date. Through such claims, traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. In the same vein, fossil fuel advertising suggests absolute environmental benefit of fossil fuels that are likely to be understood as factual statements by consumers whereas this is misleading. To ensure the fairness and credibility of such claims, Article 6(2) of Directive 2005/29/EC should be amended to prohibit such claims, following a case- by-case assessment, when based on offsetting schemes or when they are not supported by clear, objective and verifiable commitments and targets given by the trader. S as well as complemented by a realistic implementation plan to achieve this future environmental performance through the establishment of interim targets, based on existent and economically viable technologies, and allocation of sufficient resources. Those plans should be made publicly available and regularly reviewed and updated. Traders relying on such claims should also be supported by an accredited independent monitoring system to monitor the progress of the traderimplementation plan with regard to the commitments and targets.
2022/11/24
Committee: IMCO
Amendment 70 #

2022/0092(COD)

Proposal for a directive
Recital 15
(15) It should be prohibited to omit to inform the consumer thatsupply a software update, including a security update, which will negatively impact the use of goods with digital elements or certain features of those goods, even if the update improves the functioning of other features. For examplurthermore, when inviting consumers to update the operating system on their smartphone, the trader will have to inform the consumer if such an update will negatively impact the functioning of any of the features of the smartphona good, the trader should offer consumers to dissociate security and functionality updates, i.e. give them the possibility to only download the security update.
2022/10/14
Committee: ENVI
Amendment 72 #

2022/0092(COD)

Proposal for a directive
Recital 16
(16) It should also be prohibited to omit to inform the consumer about the existence of a feature of the good introduced to limit its durabilityintroduce a feature to limit the lifespan of a good. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. The prohibition of omitting to inform consumers ofintroducing such features of the goods complements and does not affect the remedies available to consumers when they constitute a lack of conformity under Directive (EU) 2019/771 of the European Parliament and of the Council26 . For such a commercial practice to be considered unfair, it should not be necessary to demonstrate that the purpose of the feature is to stimulate the replacement of the respective good. The use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. Lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in Directive (EU) 2019/771. __________________ 26 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
2022/10/14
Committee: ENVI
Amendment 74 #

2022/0092(COD)

Proposal for a directive
Recital 7
(7) The displaying of sustainability labels which are not based on a certification scheme or not established by public, comparison and information tools which were not pre-approved by a national or an EU authoritiesy should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. The certification scheme should fulfil minimum transparency and credibility conditions. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in case of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011Such pre-approval of sustainability label, comparison and information tools should be subject to minimum requirements such as publicly available award criteria, developed through independent processes and going beyond what is required by EU legislation, impartial control procedures through accredited third-party verification schemes; accessibility and affordability for all market players, transparency for consumers on both processes and decision-taking; scientific robustness and stakeholder relevance, availability of compliance and dispute resolution mechanisms, regular review and update of award criteria. In case a sustainability label or an information and comparison tool concerns one environmental aspect of a product or service, this should be clearly displayed to consumers. All pre-approved sustainability labels and information and comparison tools should be registered in a database available to the public. Sustainability labels established by public authorities should not undergo a pre- approval procedure. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.
2022/11/24
Committee: IMCO
Amendment 78 #

2022/0092(COD)

Proposal for a directive
Recital 21
(21) Annex I to Directive 2005/29/EC should also be amended to prohibit omitting to inform the consumer that the goodthe marketing of a good that is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer. For example, the marketing of printers that are designed to limit their functionality when using ink cartridges not provided by the original producer of the printer without disclosing this information to the consumer would be prohibited. This practice could mislead consumers into purchasing an alternative ink cartridge which cannot be used for that printer, thus leading to unnecessary repair costs, waste streams or additional costs due to the obligation to use the original producer’s consumables which the consumer could not foresee at the time of purchase. Similarly, marketing smart devices designed to limit their functionality when using chargers or spare parts that are not provided by the original producer without disclosing this information to the consumer would be prohibited as well.
2022/10/14
Committee: ENVI
Amendment 78 #

2022/0092(COD)

Proposal for a directive
Recital 9
(9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. Examples of such generic environmental claims are ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, 'natural', 'animal-friendly', 'cruelty-free', 'sustainable', ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, 'deforestation-free', ‘carbon friendly’, ‘carbon neutral’, ‘carbon positive’, ‘carbon-proof certified’, ‘carbon neutral certified’, ‘climate neutral’, ‘energy efficient’, ‘biodegradable’, ‘plastic neutral’, ‘plastic-free’, ‘biobased’ or similar statements, as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. Such generic environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated or whenever the specification of the claimy are based on offsetting of environmental impacts such as purchase of carbon or plastic credits, or whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim, based on scientific and objective methodologies such as the Product Environmental Footprint set out in the Commission Recommendation(EU)2021/2279 or equivalent methods established under Union or national law, is not provided in clear and prominent terms on the same medium, such as the same advertising spot, product’s packaging or online selling interface. For example, the claim ‘biodegradable’, referrThis is particularly important to prohibit claims suggesting tohat a product, would be a generic claim, whilst claiming or service has a neutral or positive carbon emissions’ impact on the environment in the sense that the packaging is biodegradable through home composting in one month’ would be a specific claim, which does not fall under this prohibitiony mislead consumers by making them believe that the product they buy has no impact on the environment while it cannot be substantiated by scientific evidence.
2022/11/24
Committee: IMCO
Amendment 81 #

2022/0092(COD)

Proposal for a directive
Recital 22
(22) In order for consumers to take better informed decisions and stimulate the demand for, and the supply of, more durable goods, specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract. Moreover, as regards goods with digital elements, digital content and digital services, consumers should be informed about the period of time during which free software updates are available. It should include separate information about availability of security updates and about functionality updates that should be provided independently. Therefore, Directive 2011/83/EU of the European Parliament and of the Council27 should be amended to provide consumers with pre-contractual information about durability, reparability and the availability of updates. Information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88228 . The obligation to provide this information to consumers complements and does not affect the rights of consumers provided in Directives (EU) 2019/77029 and (EU) 2019/77130 of the European Parliament and of the Council. __________________ 27 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
2022/10/14
Committee: ENVI
Amendment 82 #

2022/0092(COD)

Proposal for a directive
Recital 23
(23) A good indicator of a good’s durability is the producer’sduration of the legal guarantee of conformity, that may include voluntary extensions provided by the trader or the producer without entailing additional costs for consumers. A commercial guarantee of durability within the meaning of Article 17 of Directive (EU) 2019/771 should therefore be provided by the producer free of charge to consumers. Therefore, Directive 2011/83/EU should be amended to specifically require traders selling goods to informdisplay to consumers about the existence of‘a guaranteed lifespan label’ theat producvide consumers commercial guarantee of durability for all types of goods, where the producer makes this information available. information on the legal guarantee of conformity as a minimum, and its voluntary extension by the producer at no additional costs. Furthermore, it should be clearly displayed to consumers that a voluntary commercial guarantee by the producer or trader applies on top of the legal guarantee for conformity. Consumers should also be specifically informed about their rights under those guarantees, including on the length of reversed burden of proof.
2022/10/14
Committee: ENVI
Amendment 85 #

2022/0092(COD)

Proposal for a directive
Recital 12
(12) The Circular Economy Action Plan24 provides for the need to set the rules on environmental claims using Product and Organisation Environmental Footprint methods. Additional requirements onsetting a pre-approval procedure for environmental claims will have to be set in specific Union legislation. Those new requirements will contribute to the Green Deal25 objective of enabling buyers to make more sustainable decisions and reduce the risk of greenwashing through reliable, comparable and verifiable information. __________________ 24 COM(2020)98 final, 11 March 2020. 25 COM(2019)640 final, 11 December 2019.
2022/11/24
Committee: IMCO
Amendment 86 #

2022/0092(COD)

Proposal for a directive
Recital 14
(14) In order to improve the welfare of consumers, the amendments to Annex I to Directive 2005/29/EC should also address several practices associated with early obsolescence, including planned obsolescence practices,. Planned obsolescence is generally understood as a commercial policy involving deliberately planning or designing a product with a limited useful life so that it prematurely becomes obsolete or non-functional after a certain period of time. Premature obsolescence of products can occur when there is no deliberate intent to limit the lifetime of a product due, for example, to a design issue that leads to early failure. Hence, some minimum durability and reparability requirements for products should be established in Regulation EU [Ecodesign for Sustainable Products]. Marketing products that do not respect these minimum requirements once established should be prohibited and give consumers access to remedies in case of infringement. Purchasing products that are expected to last longer than they actually do causes consumer detriment. Furthermore, early obsolescence practices have an overall negative impact on the environment in the form of increased material waste. Therefore, addressing those practices are also likely to reduce the amount of waste, contributing to a more sustainable consumption.
2022/11/24
Committee: IMCO
Amendment 88 #

2022/0092(COD)

Proposal for a directive
Recital 24
(24) The problem of limited durability contrary to consumer expectations is most relevant for energy-using goods, which are goods that function from an external energy source. Consumers are also most interested in receiving information about the expected durability of this category of goods. For these reasons, only for this category of goods, consumers should be made aware that the information about the existence of a producer’s commercial guarantee of durability of more than two years has not been provided by the producer.deleted
2022/10/14
Committee: ENVI
Amendment 91 #

2022/0092(COD)

Proposal for a directive
Recital 25
(25) Goods containing energy-using components, where those components are mere accessories and do not contribute to the main function of those goods, such as decorative lighting for clothing or footwear or electric light for a bicycle, should not be classified as energy-using goods.deleted
2022/10/14
Committee: ENVI
Amendment 91 #

2022/0092(COD)

Proposal for a directive
Recital 15
(15) It should be prohibited to omit to informprovide the consumer that a software update, including a security update, that will negatively impact the use of goods with digital elements or certain features of those goods, even if the update improves the functioning of other features. For example, when inviting consumers to update the operating system on their smartphone, the trader will have to inform the consumer if such an update will negatively impact urthermore, it should be prohibited to supply security updates together withe functioning of any of ality updates or other features of the smartphone-related upgrades.
2022/11/24
Committee: IMCO
Amendment 95 #

2022/0092(COD)

Proposal for a directive
Recital 26
(26) In view of the established minimum duration of two years of the seller’s liability for lack of conformity in accordance with Directive (EU) 2019/771 and the fact that many product failures occur after two years, the trader’s obligation to inform consumers about the existence and duration of the producer’s commercial guarantee of durability should apply to guarantees that are of more than two years.deleted
2022/10/14
Committee: ENVI
Amendment 96 #

2022/0092(COD)

Proposal for a directive
Recital 16
(16) It should also be prohibited to omit to inform the consumer about the existence of a feature of the good introduceintroduce feature into the design of the good to limit its durability. For example, such a feature could be software which stops or downgrades the functionality of the good after a particular period of time, or it could be a piece of hardware which is designed to fail after a particular period of time. The prohibition of omitting to inform consumersintroduction of such features of the goods complements and does not affect the remedies available to consumers when they constitute a lack of conformity under Directive (EU) 2019/771 of the European Parliament and of the Council26 . For such a commercial practice to be considered unfair, it should not be necessary to demonstrate that the purpose of the feature is to stimulate the replacement of the respective good. The use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. Lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in Directive (EU) 2019/771. __________________ 26 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
2022/11/24
Committee: IMCO
Amendment 98 #

2022/0092(COD)

Proposal for a directive
Recital 27
(27) In order to make it easier for consumers to take an informed transactional decision when comparing goods before concluding a contract, traders should inform consumers about the existence and duration, of the producer’s voluntary commercial guarantee of durability for the entire good and not for specific components of the good.
2022/10/14
Committee: ENVI
Amendment 100 #

2022/0092(COD)

Proposal for a directive
Recital 28
(28) The producer and the seller should remain free to offer other types of commercial guarantees and after-sales services of any duration. However, the information provided to the consumer about such other commercial guarantees or services should not confuse the consumer with regard to the existence and duration of the producer’s commercial guarantee of durability that covers the entire good and has a duration of more than two years.deleted
2022/10/14
Committee: ENVI
Amendment 100 #

2022/0092(COD)

Proposal for a directive
Recital 18
(18) Similarly, Annex I to Directive 2005/29/EC should also be amended to prohibit presenting products as allowing repair when such repair is not possible, as well as omitting to inform consumers that it is not possible tothe marketing of products that cannot be repair goodsed, in accordance with legal requirements under Regulation EU [Ecodesign for Sustainable Products].
2022/11/24
Committee: IMCO
Amendment 101 #

2022/0092(COD)

Proposal for a directive
Recital 29
(29) To promote competition between producers as regards the durability of goods with digital elements the traders selling those goods should inform consumers about the minimum period of time during which the producer commits to provides software updates for such goods. However, to avoid overloading consumers with information, such information should only be provided when this period is longer than the period of the producer’s commercial guarantee of durability, as that guarantee entails the provision of updates, including security updates, that are necessary to maintain the required functions and performance of goods with digital elements. Furthermore, information about the producer’s commitment to provide software updates is relevant only where the sales contract regarding goods with digital elements provides for a single act of supply of the digital content or digital service in respect of which Article 7(3), point (a), of Directive (EU) 2019/771 applies. In contrast, there should be no new obligation to provide that information where the sales contract provides for a continuous supply of the digital content or digital service over a period of time, since for those contracts Article 7(3), point (b), of Directive (EU) 2019/771 specifies, by reference to Article 10 (2) or (5), the period of time during which the seller is to ensure that the consumer is informed of and supplied with updates, including the mandatory period foreseen under Union law.
2022/10/14
Committee: ENVI
Amendment 104 #

2022/0092(COD)

Proposal for a directive
Recital 30
(30) Likewise, traders offering digital content and digital services should also inform consumers about the minimum period during which the provider of the digital content or digital service, where the provider is different from the trader, commits to provides software updates, including security updates, necessary to keep the digital content and digital services in conformity. Information about the provider’s commitment to provide software updates is relevant only where the contract provides for a single act of supply or a series of individual acts of supply in respect of which Article 8(2), point (b), of Directive 2019/770 applies. In contrast, there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time, since for these contracts Article 8(2), point (a) of Directive (EU) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied with updatesAs a minimum, this period should be the one foreseen under Union law.
2022/10/14
Committee: ENVI
Amendment 104 #

2022/0092(COD)

Proposal for a directive
Recital 20
(20) Another practice associated with early obsolescence which should be prohibited and added to the list in Annex I to Directive 2005/29/EC is inducing the consumer intothe marketing of goods that require replacing the consumables of a product earlier than would otherwise be necessary for technical reasons. Such practices mislead the consumer into believing thats to situations where the goods will no longer function unless their consumables are replaced, thus leading themconsumers to purchase more consumables than necessary. For example, the practice of urging the consumer, via the settings of the printer, to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited.
2022/11/24
Committee: IMCO
Amendment 105 #

2022/0092(COD)

Proposal for a directive
Recital 21
(21) Annex I to Directive 2005/29/EC should also be amended to prohibit omitting to inform the consumer that the good ismarketing of goods that are designed to limit itstheir functionality when using consumables, spare parts or accessories that are not provided by the original producer. For example, the marketing of printers that are designed to limit their functionality when using ink cartridges not provided by the original producer of the printer without disclosing this information to the consumer would be prohibited. This practice could mislead consumers into purchasing an alternative ink cartridge which cannot be used for that printer, thus leading to unnecessary repair costs, waste streams or additional costs due to the obligation to use the original producer’s consumables which the consumer could not foresee at the time of purchase. Similarly, marketing smart devices designed to limit their functionality when using chargers or spare parts that are not provided by the original producer without disclosing this information to the consumer would be prohibited as well.
2022/11/24
Committee: IMCO
Amendment 107 #

2022/0092(COD)

Proposal for a directive
Recital 31
(31) To allow consumers to make an informed transactional decision and choose goods that are easier to repair, traders should provide, before the conclusion of the contract, for all types of goods, where applicable, the reparability score of the good as provided by the producer in accordance with Union or national law.
2022/10/14
Committee: ENVI
Amendment 108 #

2022/0092(COD)

Proposal for a directive
Recital 21 a (new)
(21a) Audiovisual commercial communication influence consumer behaviour and encourage consumption of displayed products. Commercial communication are responsible for generating transactional decisions that would not have been taken otherwise. In order to engage consumers in the green transition, it is necessary that commercial communication be reserved for goods compatible with our environmental goals. Accordingly, those goods who have the worst environmental impact should be precluded from being promoted through commercial communications.
2022/11/24
Committee: IMCO
Amendment 109 #

2022/0092(COD)

Proposal for a directive
Recital 22
(22) In order for consumers to take better informed decisions and stimulate the demand for, and the supply of, more durable goods, specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract, through clear and easy-to-understand labels or, when such labels are not required under Union or national law, through minimum information requirements. Moreover, as regards goods with digital elements, digital content and digital services, consumers should be informed about the period of time during which free software updates are available in accordance with requirements under Union or national law, which is as a minimum, for a period of time that the consumer may reasonably expect. Free software updates should include both security and functionality updates, to be provided independently from each other. Therefore, Directive 2011/83/EU of the European Parliament and of the Council27 should be amended to provide consumers with pre-contractual information about durability, reparability and the availability of updates. Information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of Directive 2019/88228 . The obligation to provide this information to consumers complements and does not affect the rights of consumers provided in Directives (EU) 2019/77029 and (EU) 2019/77130 of the European Parliament and of the Council. __________________ 27 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 28 Directive 2019/882/EU of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70). 29 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 30 Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
2022/11/24
Committee: IMCO
Amendment 111 #

2022/0092(COD)

Proposal for a directive
Recital 32
(32) Pursuant to Article 5(1), point (e), and Article 6(1), point (m), of Directive 2011/83/EU traders are obliged to provide the consumer before the consumer is bound by the contract with information on the existence and the conditions of after-sales services, including repair services, where such services are provided. In addition, in order to ensure that consumers are well informed about the reparability of the goods they purchase, where a reparability score is not established in accordance with Union or national law, traders should provide, for all types of goods, other relevant repair information that is made available by the producer, such as information about the availability of spare parts, and a user and repair manual. When this information is not made available by the producer, consumers should be informed of it.
2022/10/14
Committee: ENVI
Amendment 113 #

2022/0092(COD)

Proposal for a directive
Recital 33
(33) Traders should provide consumers with information about the existence and duration of the producer’s commercial guarantee of durability, the minimum period for updates and the repair information other than the reparability score, where the producer or provider of the digital content or digital service, when different from the trader, makes the relevant information available. In particular, as regards goods, the trader should convey to consumers the information that the producer has provided to the trader or has otherwise intended to make readily available to the consumer before the conclusion of the contract, by indicating it on the product itself, its packaging or tags and labels that the consumer would normally consult before concluding the contract. The trader should not be required to actively search for such information from the producer, for example, on the product-specific websites. When this information is not made available by the producer, consumers should be informed of it.
2022/10/14
Committee: ENVI
Amendment 113 #

2022/0092(COD)

Proposal for a directive
Recital 23
(23) A good indicator of a good’s durability is the producer’s commercial guarantee of durability within the meaning of Article 17 of Directive (EU) 2019/771. Therefore, Directive 2011/83/EU should be amended to specifically require traders selling goods to inform consumers about the existence of the producer’s commercial guarantee of durability for all types of goods, where the producer makes this iduration of the legal guarantee of conformity, and where available, its voluntary extension provided by the trader or the producer free of charge Therefore, Directive 2011/83/EU should be amended to specifically require traders selling goods to inform consumers before the conclusion of the contract through a label on guaranteed lifetime of a good. Such label should include as a minimum the duration of the legal guarantee of conformity, and where provided on a voluntary basis by the producer, the duration of its extension. Information on availableility of after-sales and repair services should also be provided.
2022/11/24
Committee: IMCO
Amendment 115 #

2022/0092(COD)

Proposal for a directive
Recital 24
(24) The problem of limited durability contrary to consumer expectations is most relevant for energy-using goods, which are goods that function from an external energy source. Consumers are also most interested in receiving information about the expected durability of this category of goods. For these reasons, only for this category of goods, consumers should be made aware that the information about the existence of a producer’s commercial guarantee of durability of more than two years has not been provided by the producer.deleted
2022/11/24
Committee: IMCO
Amendment 119 #

2022/0092(COD)

Proposal for a directive
Recital 25
(25) Goods containing energy-using components, where those components are mere accessories and do not contribute to the main function of those goods, such as decorative lighting for clothing or footwear or electric light for a bicycle, should not be classified as energy-using goods.deleted
2022/11/24
Committee: IMCO
Amendment 120 #

2022/0092(COD)

Proposal for a directive
Recital 26
(26) In view of the established minimum duration of two years of the seller’s liability for lack of conformity in accordance with Directive (EU) 2019/771 and the fact that many product failures occur after two years, the trader’s obligation to inform consumers about the existence and duration of the producer’s commercial guarantee of durability should apply to guarantees that are of more than two years.deleted
2022/11/24
Committee: IMCO
Amendment 122 #

2022/0092(COD)

Proposal for a directive
Recital 28
(28) The producer and the seller should remain free to offer other types of commercial guarantees and after-sales services of any duration. However, the information provided to the consumer about such other commercial guarantees or services should not confuse the consumer with regard to the existence and duration of the producer’s commercial guarantee of durability that covers the entire good and has a duration of more than two years.deleted
2022/11/24
Committee: IMCO
Amendment 124 #

2022/0092(COD)

Proposal for a directive
Recital 29
(29) To promote competition between producers as regards the durability of goods with digital elements the traders selling those goods should inform consumers about the minimum period of time during which the producer commits to provide software updates for such goods. However, to avoid overloading consumers with information, such information should only be provided when this period is longer than the period of the producer’s commercial guarantee of durability, as that guarantee entails the provision of updates, including security updates, that are necessary to maintain the required functions and performance of goods with digital elements. Furthermore, information about the producer’s commitment to provide software updates is relevant only where the sales contract regarding goods with digital elements provides for a single act of supply of the digital content or digital service in respect of which Article 7(3), point (a), of Directive (EU) 2019/771 applies. In contrast, there should be no new obligation to provide that information where the sales contract provides for a continuous supply of the digital content or digital service over a period of time, since for those contracts Article 7(3), point (b), ofAs a minimum this period of time should be the one the consumer may reasonably expect as required under Directive (EU) 2019/771 specifies, by reference to Article 10 (2) or (5), the period of time during which the seller is to ensure that the consumer is informed of and supplied with updates.
2022/11/24
Committee: IMCO
Amendment 127 #

2022/0092(COD)

Proposal for a directive
Recital 30
(30) Likewise, traders offering digital content and digital services should also inform consumers about the minimum period during which the provider of the digital content or digital service, where the provider is different from the trader, commits to provide software updates, including security updates, necessary to keep the digital content and digital services in conformity. Information about the provider’s commitment to provide software updates is relevant only where the contract proLikewise, traders offering digital content and digital servidces for a single act of supply or a series of individual acts of supply in respect of which Article 8(2), point (b), of Directive 2019/770 applies. In contrast, there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time, since for these contracts Article 8(2), point (a) of Directive (EU) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied witshould also inform consumers about the minimum period during which the provider of the digital content or digital service, where the provider is different from the trader, will provide software updates, including security updates, necessary to keep the digital content and digital services in conformity. This information should include as a minimum the mandatory period foreseen under EU law to provide such updates.
2022/11/24
Committee: IMCO
Amendment 129 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point p
(p) ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in a sustainability label;deleted
2022/10/14
Committee: ENVI
Amendment 132 #

2022/0092(COD)

Proposal for a directive
Recital 31
(31) To allow consumers to make an informed transactional decision and choose goods that are easier to repair, traders should providedisplay, before the conclusion of the contract, for all types of goods, where applicable, the reparability score of the good as provided by the producer in accordance with Union or national law.
2022/11/24
Committee: IMCO
Amendment 133 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point q
(q) ‘generic environmental claim’ means any explicit environmental claim in any form, not contained in a sustainability label, where the specification of the claim is not provided in clear and prominent terms on the same medium;
2022/10/14
Committee: ENVI
Amendment 136 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point q a (new)
(qa) ‘specific environmental claim’ means an explicit environmental claim whereby the specification of the claim is provided in the immediate proximity of the claim in clear and prominent terms on the same medium ;
2022/10/14
Committee: ENVI
Amendment 136 #

2022/0092(COD)

Proposal for a directive
Recital 32
(32) Pursuant to Article 5(1), point (e), and Article 6(1), point (m), of Directive 2011/83/EU traders are obliged to provide the consumer before the consumer is bound by the contract with information on the existence and the conditions of after-sales services, including repair services, where such services are provided. In addition, in order to ensure that consumers are well informed about the reparability of the goods they purchase, where a reparability score is not established in accordance with Union or national law, traders should provide, for all types of goods, other relevant repair information that is made available by the producer, such as information about the availability of spare parts, and a user and repair manual.
2022/11/24
Committee: IMCO
Amendment 137 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point r
(r) ‘sustainability label’ means any voluntary trust mark, quality mark or equivalent, either public or private, that aims to set apart and promote a product, a process or a business with reference to its environmental or social aspects or both and for which criteria are publicly available free of cost, developed and periodically updated in independent processes and reflecting significant improvements compared to common practice in the relevant market or Union minimum product requirements, if applicable. This does not cover any mandatory label required in accordance with Union or national law;
2022/10/14
Committee: ENVI
Amendment 139 #

2022/0092(COD)

Proposal for a directive
Recital 33
(33) Traders should provide consumers with information about the existence and duration of the producer’s commercial guarantee of durability, the minimum period for updates and the repair information other than the reparability score, where the producer or provider of the digital content or digital service, when different from the trader, makes the relevant information availableduration of legal guarantee of conformity and, where provided by producer free of charge, its voluntary extension, the minimum period for updates and the repair information other than the reparability score,. In particular, as regards goods, the trader should convey to consumers the information that the producer has provided to the trader or has otherwise intended to make readily available to the consumer before the conclusion of the contract, by indicating it on the product itself, its packaging or tags and labels that the consumer would normally consult before concluding the contract. The trader should not be required to actively search for such information from the producer, for example, on the product-specific websites. Where the producer does not make this information available, the consumer should be informed thereof.
2022/11/24
Committee: IMCO
Amendment 142 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point r a (new)
(ra) ‘pre-approval of sustainability labels or sustainability information tools’ means an ex-ante conformity assessment to be performed by an Union body or competent national authority’
2022/10/14
Committee: ENVI
Amendment 144 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point s
(s) ‘certification scheme’ means a third-party verification scheme that is open underaccredited in accordance with Regulation (EC) No 765/2008 that is open under publicly accessible, transparent, fair and non- discriminatory terms to all traders willing and able to comply with the scheme’s requirements, which certifies that a product complies with certain objectively verifiable and publicly accessible requirements, and for which the monitoring of compliance is objective, based onand awarding of the certificate are objective, based on transparent and non- discriminatory procedures, as well as international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader and allowing the fair and transparent processing of complaints from external stakeholders with respect to non -compliance and leading to withdrawal of the label in case of non- compliance;
2022/10/14
Committee: ENVI
Amendment 148 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point o a (new)
(oa) ‘generic social claim’ means any message or representation, which is not mandatory under Union law or national law, or specific and based on a certification scheme, including text, pictorial, graphic or symbolic representation, in any form, including labels, brand names, company names or product names, in the context of a commercial communication, which states or implies that a product or trader has been produced in accordance with social justice issues such as gender or racial equality, or that a trader made specific commitments towards fundamental rights, labour norms' respect or working conditions throughout the conception, the manufacturing process of the product and its components, and its distribution, compared to other products or traders;
2022/11/24
Committee: IMCO
Amendment 151 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point p
(p) ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in a sustainability label;deleted
2022/11/24
Committee: IMCO
Amendment 152 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point t
(t) ‘sustainability information tool’ means software, including a website, part of a website or an application, operated by or on behalf of a trader, which provides information to consumers about environmental or social aspects of products, or which compares products on those aspects; . Any comparison shall be objective by, in particular, comparing products which serve the same function, using a common method and common assumptions, and comparing material and verifiable features of products;
2022/10/14
Committee: ENVI
Amendment 154 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
(q) ‘generic environmental claim’ means any explicit environmental claim in any form, not contained in a sustainability label, where the specification of the claim is not provided in clear and prominent terms on the same medium;
2022/11/24
Committee: IMCO
Amendment 157 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point r
(r) ‘sustainability label’ means any voluntary trust mark, quality mark or equivalent, either public or private, that aims to set apart and promote a product, a process or a business with reference to its environmental or social aspects or both , and for which criteria are publicly available free of cost, developed and regularly updated through independent processes, while reflecting significant improvements compared to minimum product requirements under Union or national law. This does not cover any mandatory label required in accordance with Union or national law;
2022/11/24
Committee: IMCO
Amendment 158 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w
(w) ‘software update’ means a free update, including a securityeither a security update or any other functionality or feature update, that is necessary to keep goods with digital elements, digital content and digital services in conformity in accordance with Directives (EU) 2019/770 and (EU) 2019/771;
2022/10/14
Committee: ENVI
Amendment 158 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point r a (new)
(ra) 'pre-approval procedure’ means an ex-ante conformity assessment of the environmental claim, sustainability label or sustainability information tool by an EU body or a national competent authority based on requirements and criteria established in accordance with Union or national law;
2022/11/24
Committee: IMCO
Amendment 159 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w a (new)
(wa) ‘security update’ means an operating system update, including security patches, if relevant for a given device, whose main purpose is to provide enhanced security for the device or bring it into conformity;
2022/10/14
Committee: ENVI
Amendment 160 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point s
(s) ‘certification scheme’ means a third-party verification scheme that is open underaccredited in accordance with Regulation 765/2008 that is open under publicly available transparent, fair and non- discriminatory terms and at reasonable costs to all traders willing and able to comply with the scheme’s requirements, which certifies that a product complies with certain transparent, scientific, verifiable and publicly available requirements, and for which the monitoring of compliance isand award of the certificate are objective, based on international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader;
2022/11/24
Committee: IMCO
Amendment 161 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w b (new)
(wb) ‘functionality update’ means an operating system update that is not necessary to keep the device in conformity and whose main purpose is to improve current functionalities or implement new functionalities;
2022/10/14
Committee: ENVI
Amendment 164 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point y a (new)
(ya) ‘offsetting’ means a purchase of credits, such as carbon or plastic credits, or provision of financial support for environmental projects, such as reforestation and renewable energy installations, to compensate for the purchaser's own environmental impact, or that of their goods or services;
2022/10/14
Committee: ENVI
Amendment 166 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point t
(t) ‘sustainability information and comparison tool’ means software, including a website, part of a website or an application, operated by or on behalf of a trader, which provides information to consumers about environmental or social aspects of products, or which compares products on those aspects; . Any comparison shall be objective, by, in particular, comparing products or features of a product which serve the same function, using a common methodology based on verifiable data;
2022/11/24
Committee: IMCO
Amendment 168 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point v
(v) ‘durability’ means durthe ability as defined in Article 2, point (13), of Directive (EU) 2019/771 of the European Parliament and of the Council**; ______ ** Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).’of a product to function and maintain for a certain period of time its required function and performance under normal conditions of use, maintenance and repair;
2022/11/24
Committee: IMCO
Amendment 169 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point v a (new)
(va) ‘premature obsolescence’ means practices that lead to the shortening of a product’s lifespan, either through its design or by not providing essential elements required for the product’s functioning;
2022/11/24
Committee: IMCO
Amendment 173 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 - point w a (new)
(wa) ‘security update’ means an operating system update, including security patches, if relevant for a given good, whose main purpose is to provide enhanced security for the device or bring it into conformity;
2022/11/24
Committee: IMCO
Amendment 174 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2005/29/EC
Article 6 – paragraph 1 – point b
(b) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, environmental or social impact, accessories, durability, reparability, reusability, recyclability, after- sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;
2022/10/14
Committee: ENVI
Amendment 174 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point w b (new)
(wb) ‘functionality update’ means an operating system update that is not necessary to keep the good in conformity and whose main purpose is to improve current functionalities or implement new functionalities;
2022/11/24
Committee: IMCO
Amendment 177 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point y a (new)
(ya) ‘offsetting’ means the purchase of credits, such as carbon or plastic credits, or provision of financial support for environmental projects, such as reforestation and renewable energy installation, to allegedly compensate for the purchaser’s own environmental impact, or of their goods or services.
2022/11/24
Committee: IMCO
Amendment 179 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point d
(d) making an environmental claim related to future environmental performance without clear, objective and verifiable commitments and targets and without an independent monitoring systembased on offsetting or without publicly available, clear, time- bound, objective, quantified, science- based and verifiable commitments and targets complemented by a realistic, funded and annually updated implementation plan based on economically and technically viable technologies and without pre-approval and annual verification of sufficient progress by an independent monitoring system accredited in accordance with Regulation (EC) No 765/2008;
2022/10/14
Committee: ENVI
Amendment 180 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2005/29/EC
Article 6 – paragraph 1 – point b
(b) the main characteristics of the product, such as its availability, benefits, risks, execution, composition, environmental or social impact, accessories, durability, reparability, reusability, recyclability, after- sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product.;
2022/11/24
Committee: IMCO
Amendment 184 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
(aa) in paragraph 2, point (c) is replaced by the following: ‘(c) any marketing of a good, in one Member State, as bewith seemingly identical to a goodpresentation to another good, which is marketed, in other Member States, while that good has significantlyunder the same brand, trademark or designation, while that good presents differentces in composition or characteristics, unless justified by legitimate and objective factors.including its sensory profile;’
2022/11/24
Committee: IMCO
Amendment 186 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point d
(d) making an environmental claim related to future environmental performance without clear, objectiveof a trader based on offsetting schemes or without publicly available, clear, time-bound, objective, quantified, science-based and verifiable commitments and targets, and without an independent monitoring system; accredited in accordance with Regulation (EC) N°765/2008. Commitments and targets shall be complemented by a implementation plan to be updated annually based on economically and technically-viable technologies.
2022/11/24
Committee: IMCO
Amendment 187 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2005/29/EC
Article 7 – paragraph 7 a (new)
7a. By... [12 months from adoption], the Commission shall adopt delegated acts in accordance with Article 16a to supplement this Directive by establishing minimum requirements in relation to sustainability labels and sustainability information tools. When adopting the delegated acts, the Commission shall ensure award criteria are publicly available free of cost, developed in an independent process, periodically revised, and reflecting significant improvements compared to common practice in the relevant market or Union product requirements, if applicable, with an impartial control procedure, including third party verification and transparency of the scheme owner. The Commission shall ensure accessibility to all market players, procedural transparency for consumers, scientific robustness and stakeholder relevance and compliance and dispute resolution mechanisms. If a sustainability label or a sustainability information tool is focused on one particular environmental aspect, this shall be clearly and prominently communicated to consumers. For the sake of transparency, all sustainability labels established by public authorities and all pre-approved sustainability labels and sustainability information tools shall be published in a publicly available online register, which is to be updated regularly by the competent national authorities.
2022/10/14
Committee: ENVI
Amendment 194 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 2 – paragraph 1 – point 3 a
(3a) ‘energy-using good’ means any good that depends on energy input (electricity, fossil fuels and renewable energy sources) to work as intended;;deleted
2022/10/14
Committee: ENVI
Amendment 196 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 a
(14a) ‘commercial guarantee of durability’ means a producer’svoluntary commercial guarantee of durability provided by the producer free of charge referred to in Article 17 of Directive (EU) 2019/771, under which the producer is directly liable to the consumer during the entire period of that guarantee for repair or replacement of the goods;
2022/10/14
Committee: ENVI
Amendment 197 #

2022/0092(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Article 12 a (new)
(3a) A new Article 12a is added : Article 12a Pre-approval and substantiation of environmental claims, sustainability labels and information tools 1. Member States shall take appropriate measures to ensure that any environmental claim, sustainability label or sustainability information tool put on the market by a trader has been pre- approved based on criteria and minimum requirements established in accordance with Union or national law. Environmental claims shall be based on and substantiated by generally accepted evidence. 2. Appropriate measures shall include the following: (i) Designation of a national competent authority in charge of receiving application for authorization and supporting evidence and take a decision whether to grant the authorization or not; (ii) Notification to the Commission on the applications received and decisions taken by the national competent authority; (iii) where appropriate, request additional information needed for the substantiation of the environmental claim. 3. The Commission shall establish a public registry of permitted environmental claims. Any use of non-permitted environmental claims by a trader shall be regarded as unfair in accordance with Annex I of this Directive. All previous decisions shall have an erga omnes effect to traders using a similar claim. 4. For the purpose of supporting national competent authorities in enforcing the provisions under this Directive, the Commission shall adopt a delegated act to further specify the rules for the preparation and presentation of an authorisation application.
2022/11/24
Committee: IMCO
Amendment 198 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e a
(ea) for all goods, where the producer makes it available, information that the goods benefit from a commercia label indicating the guaranteed lifespan of a good, digital content and services. This label shall as a minimum inform about the duration of the legal guarantee of durabilconformity and its duration in units of time, where that guarantee covers the entire good and has a durarelated rights, and where applicable, about the existence and conditions of more than two yearafter-sales services and voluntary commercial guarantees;
2022/10/14
Committee: ENVI
Amendment 198 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Directive 2011/83/EU
Article 2 – paragraph 1 – point 3 a
(3a) ‘energy-using good’ means any good that depends on energy input (electricity, fossil fuels and renewable energy sources) to work as intended;;deleted
2022/11/24
Committee: IMCO
Amendment 202 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e b
(eb) for energy-using goods, where the producer does not make available the information referred to in point (ea), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after-sales services and commercial guarantees provided in accordance with point (e);deleted
2022/10/14
Committee: ENVI
Amendment 202 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 a
(14a) ‘commercial guarantee of durability’ means a producer’svoluntary commercial guarantee of durability referred to in Article 17 of Directive (EU) 2019/771provided by the producer free of charge, under which the producer is directly liable to the consumer during the entire period of that guarantee for repair or replacement of the goods;
2022/11/24
Committee: IMCO
Amendment 203 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 b
(14b) ‘durability’ means durthe ability as defined in Article 2, point (13), of Directive (EU) 2019/771of a product to function and maintain for a certain period of time its required function and performance under normal conditions of use, maintenance and repair;
2022/11/24
Committee: IMCO
Amendment 206 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e c
(ec) for goods with digital elements, where the producer makes such information available, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability the minimum period, starting at the time of purchase, stated in units of time during which the producer provides software updates, including the mandatory period foreseen under the relevant Union legislation;
2022/10/14
Committee: ENVI
Amendment 208 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14e a (new)
(14ea) ‘security update’ means an operating system update, including security patches, if relevant for a given good, whose main purpose is to provide enhanced security for the device or bring it into conformity;
2022/11/24
Committee: IMCO
Amendment 209 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14e b (new)
(14eb) ‘functionality update’ means an operating system update that is not necessary to keep the good in conformity and whose main purpose is to improve current functionalities or implement new functionalities;
2022/11/24
Committee: IMCO
Amendment 210 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e d
(ed) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period, the minimum period, starting at the time of purchase, in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of timeincluding the mandatory period foreseen under the relevant Union legislation;
2022/10/14
Committee: ENVI
Amendment 213 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a – introductory part
(a) the following points (ea) to (ed) are insertis replaced:
2022/11/24
Committee: IMCO
Amendment 216 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point j
(j) when point (i) is not applicable, information made available by the producer about the availability of spare parts, including the procedure of ordering them, and about the availability of a user and repair manualeriod during which they will be available, their price and the procedure of ordering them, and about the availability of user and repair manuals, tools, and repair services. When this information is not made available by the producer to the trader, the consumer shall be informed thereof.;
2022/10/14
Committee: ENVI
Amendment 217 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e a
(ea) for all goods, where the producer makes it available,a label indicating the guaranteed lifetime of the good, which should include information thaabout the goods benefit from a commerciduration of the legal guarantee of durabilconformity, and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two yearwhere applicable, about the existence and duration of a voluntary commercial guarantee of durability by the producer, as well as information about the existence and conditions of after-sales services;
2022/11/24
Committee: IMCO
Amendment 220 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m a
(ma) for all types of goods, where the producer makes it available, informthe guaranteed lifespan label, which shall include as a minimum display the duration thatof the goods benefit from a commercilegal guarantee of durabilconformity and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two yearsrelated rights, and any voluntary extension by the producer;
2022/10/14
Committee: ENVI
Amendment 220 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e b
(eb) for energy-using goods, where the producer does not make available the information referred to in point (ea), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after-sales services and commercial guarantees provided in accordance with point (e);deleted
2022/11/24
Committee: IMCO
Amendment 224 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m b
(mb) for energy-using goods, where the producer does not make available information referred to in point (ma), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after-sales services and commercial guarantees provided in accordance with point (m);deleted
2022/10/14
Committee: ENVI
Amendment 226 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e c
(ec) for goods with digital elements, where the producer makes such information available, the minimum periothe minimum period, starting at the time of purchase, stated in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durabilityincluding the mandatory period foreseen under relevant Union law;
2022/11/24
Committee: IMCO
Amendment 227 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m c
(mc) for goods with digital elements, where the producer makes such information available, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durabilityincluding the mandatory period foreseen under the relevant Union legislation;
2022/10/14
Committee: ENVI
Amendment 231 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m d
(md) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of timeincluding the mandatory period foreseen under the relevant Union legislation;
2022/10/14
Committee: ENVI
Amendment 231 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e d
(ed) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum perio, the minimum period, starting at the time of purchase, stated in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of timeincluding the mandatory period of time foreseen under relevant Union law;
2022/11/24
Committee: IMCO
Amendment 238 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point v
(v) when point (u) is not applicable, information made available by the producer about the availability of spare parts, including the period during which they will be available, their price, the procedure of ordering them, and about the availability of a user and repair manual., tools and repair services. When this information is not provided by the producer, the consumer shall be informed thereof;
2022/10/14
Committee: ENVI
Amendment 240 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Directive 2011/83/EU
Article 5 – paragraph 1 – point j
(j) when point (i) is not applicable, information made available by the producer about the availability of spare parts, including the period during which they shall be available and the procedure of ordering them, and abouttheir price, the availability of a user and repair manual. as well as availability and access to diagnosis and repair tools. When this information is not provided by the producer, the consumer shall be informed thereof;
2022/11/24
Committee: IMCO
Amendment 244 #

2022/0092(COD)

Proposal for a directive
Article 3 – paragraph 1 a (new)
That report shall include an assessment of the pre-approval of sustainability labels with a view to harmonise it at Union-level.
2022/10/14
Committee: ENVI
Amendment 244 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point -a (new)
Directive 2011/83/EU
Article 6 – paragraph 1 – point g
(-a) point (g) is replaced by the following: ‘(g) the arrangements for payment, delivery, performance, the time by which the trader undertakes to deliver the goods or to perform the services, the environmental impact of the delivery and the existence of more sustainable delivery options and, where applicable, the trader’s complaint handling policy;’;
2022/11/24
Committee: IMCO
Amendment 248 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a – introductory part
(a) the following points (ma) to (md) are insertl) is replaced:
2022/11/24
Committee: IMCO
Amendment 249 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 1
Directive 2005/29/EC
Annex I – point 2 a
2a. Displaying a sustainability label which isor a sustainability information tool which is not pre-approved and not based on a certification scheme or not established by public authorities.;
2022/10/14
Committee: ENVI
Amendment 251 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 1
Directive 2005/29/EC
Annex I – point 2 a a (new)
2aa. Displaying a sustainability label based on different classes of performance, when the available classes are not clearly provided in the same graphic representation to allow for clear comparison.
2022/10/14
Committee: ENVI
Amendment 251 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m a
(ma) for all types of goods, where the producer makes it available,a label indicating the guaranteed lifetime of the good, which should include information thaabout the goods benefit from a commerciduration of the legal guarantee of durabilconformity, and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two yearwhere applicable, about the existence and duration of a voluntary commercial guarantee of durability by the producer, as well as information about the existence and conditions of after-sales services;
2022/11/24
Committee: IMCO
Amendment 253 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 a
4a. Making a generic environmental claim for which the trader is not able to demonstrate recognised excellent environmental performance relevant to the claim in an easily accessible format and stating the respective Union law or ecolabelling scheme.
2022/10/14
Committee: ENVI
Amendment 254 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 a a (new)
4aa. Making a generic social impact claim.
2022/10/14
Committee: ENVI
Amendment 257 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b
4b. Making an environmental claim about the entire product or trader’s organisation when it actually concerns only a certain aspect of the product or trader’s organisation.;
2022/10/14
Committee: ENVI
Amendment 257 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m b
(mb) for energy-using goods, where the producer does not make available information referred to in point (ma), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after-sales services and commercial guarantees provided in accordance with point (m);deleted
2022/11/24
Committee: IMCO
Amendment 260 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m c
(mc) for goods with digital elements, where the producer makes such information available, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability;including the mandatory period of time foreseen under relevant EU legislation.
2022/11/24
Committee: IMCO
Amendment 261 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b a (new)
4ba. Claiming that a good, service or organisation has a reduced, neutral or positive impact on climate or the environment based on offsetting.
2022/10/14
Committee: ENVI
Amendment 264 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m d
(md) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time foreseen under relevant Union law;
2022/11/24
Committee: IMCO
Amendment 265 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b b (new)
4bb. Making a specific environmental claim which the trader is not able to substantiate using a relevant assessment method and communication rules recognised or established in accordance with national or Union law.
2022/10/14
Committee: ENVI
Amendment 269 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b c (new)
4bc. Making an environmental claim with the effect of promoting fossil fuel products, fossil fuel transportation or highly polluting industries. This shall not apply to services of general economic interest.
2022/10/14
Committee: ENVI
Amendment 270 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b d (new)
4bd. Making an environmental claim on the content of the product based on an accounting method that allows for the free allocation of inputs to final outputs, while omitting to inform the consumer that only a residual amount of the input in question was fed into the production process of the final product offered for sale.
2022/10/14
Committee: ENVI
Amendment 275 #

2022/0092(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Directive 2011/83/EU
Article 6 – paragraph 1 – point v
(v) when point (u) is not applicable, information made available by the producer about the availability of spare parts, including the period during which they shall be available and the procedure of ordering them, and abouttheir price, the availability of a user and repair manual.; as well as availability and access to diagnosis and repair tools. When this information is not provided by the producer, the consumer shall be informed thereof
2022/11/24
Committee: IMCO
Amendment 277 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 d
23d. Omitting to inform the consumer thatSupplying a software update that will negatively impact the use of goods with digital elements or certain features of those goods even if the software update improves the functioning of other features.
2022/10/14
Committee: ENVI
Amendment 284 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 e
23e. Omitting to inform the consumer about the existence of a feature of a good introduced to limit its durabilityIntroducing a feature to limit the lifetime of a good.
2022/10/14
Committee: ENVI
Amendment 287 #

2022/0092(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [182 months from adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
2022/11/24
Committee: IMCO
Amendment 290 #

2022/0092(COD)

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from [2418 months from adoption].
2022/11/24
Committee: IMCO
Amendment 291 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 g a (new)
23ga. Omitting to inform the consumer that the seller will refuse to perform a repair on a product that has previously been repaired by an independent professional or end user.
2022/10/14
Committee: ENVI
Amendment 294 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 g b (new)
23gb. Omitting to inform the consumer about a design or feature which will limit repair by end users or independent professionals.
2022/10/14
Committee: ENVI
Amendment 294 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 1
Directive 2005/29/EC
Annex I – point 2 a
2a. Displaying a sustainability label which iwas not baspre-approved onby a certification scheme or not established by publicnational or EU authoritiesy.;
2022/11/24
Committee: IMCO
Amendment 295 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 1
Directive 2005/29/EC
Annex I – point 2 b (new)
2b. Displaying a sustainability information or comparison tool that was not pre-approved by a national or EU authority;
2022/11/24
Committee: IMCO
Amendment 296 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 h
23h. Inducing the consumer intoMarketing a good that requires replacing the consumables of a good earlier than for technical reasons is necessary.
2022/10/14
Committee: ENVI
Amendment 296 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2 – introductory part
(2) the following points 4a andto 4bh are inserted:
2022/11/24
Committee: IMCO
Amendment 300 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 i
23i. Omitting to inform that a goodMarketing a good that is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer..
2022/10/14
Committee: ENVI
Amendment 302 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
4b. Making an environmental claim about the entire product, service or trader’s activities when it actually concerns only a certain aspect of the product.;, service or trader’s activities
2022/11/24
Committee: IMCO
Amendment 304 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 i a (new)
23ia. Marketing a good which is not compliant with the requirements under Regulation (EU) .../... [Regulation on ecodesign for sustainable products].
2022/10/14
Committee: ENVI
Amendment 305 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b a (new)
4ba. Claiming that a good or a service has a neutral or positive greenhouse gas emissions’ impact on the environment;
2022/11/24
Committee: IMCO
Amendment 306 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b b (new)
4bb. Making an environmental claim in relation to a product or service that promotes fossil fuels or highly polluting industries;
2022/11/24
Committee: IMCO
Amendment 307 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b c (new)
4bc. Making an environmental claim that was not pre-approved in accordance with the minimum requirements established in accordance with national or Union law;
2022/11/24
Committee: IMCO
Amendment 308 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 i b (new)
23ib. Marketing a good without remedying a design issue that leads to a reduced lifetime, within a reasonable time after it became known.
2022/10/14
Committee: ENVI
Amendment 308 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b d (new)
4bd. Making an environmental claim related to future environmental performance at the level of a product;
2022/11/24
Committee: IMCO
Amendment 309 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 i c (new)
23ic. Bundling security updates with functionality, feature or other software updates.
2022/10/14
Committee: ENVI
Amendment 309 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b e (new)
4be. Making a generic social claim;
2022/11/24
Committee: IMCO
Amendment 310 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b f (new)
4bf. Claiming that a product is biodegradable and omitting to inform the consumer about the conditions under which biodegradability can be achieved based on recognised standards;
2022/11/24
Committee: IMCO
Amendment 313 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Annex I – point 13 a (new)
(3a) the following point 13a is inserted: 13a. Any marketing of a good as being identical or seemingly identical to the other good marketed in one or various Member State, while those goods have different composition or characteristics which have not been clearly marked on the packaging, so as to be visible to the consumer.
2022/11/24
Committee: IMCO
Amendment 314 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4 – introductory part
(4) the following points 23d to 23im are inserted:
2022/11/24
Committee: IMCO
Amendment 318 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 d
23d. Omitting to inform the consumer thatffering a software update that will negatively impact the use of goods with digital elements or certain features of those goods even if the software update improves the functioning of other features.
2022/11/24
Committee: IMCO
Amendment 323 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 e
23e. Omitting to inform the consumer about the existence of a feature of a good introducedIntroducing a feature to limit itsthe durability of a good.
2022/11/24
Committee: IMCO
Amendment 329 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 g
23g. Presenting goods as allowing repair when they do not or omitting to inform the consumer that goodsthat do not allow repair in accordance with legal requirements.
2022/11/24
Committee: IMCO
Amendment 334 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 h
23h. Inducing the consumer intoMarketing a good that require replacing of the consumables of a good earlier than necessary for technical reasons is necessary.
2022/11/24
Committee: IMCO
Amendment 338 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 i
23i. Omitting to inform that a goodMarketing a good that is designed to limit its functionality when using consumables, spare parts or accessories that are not provided by the original producer..
2022/11/24
Committee: IMCO
Amendment 342 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i a (new)
23ia. Engaging in practices that lead to shortening of a product’s lifespan
2022/11/24
Committee: IMCO
Amendment 344 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i b (new)
23ib. Marketing a good without fixing a known design issue that leads to an early failure of the good in question;
2022/11/24
Committee: IMCO
Amendment 346 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i c (new)
23ic. Supplying security updates together with functionality updates or other software updates;
2022/11/24
Committee: IMCO
Amendment 347 #

2022/0092(COD)

Proposal for a directive
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23i d (new)
23id. Marketing a good that is not compliant with ecodesign requirements set in Regulation EU [Ecodesign for Sustainable Products]
2022/11/24
Committee: IMCO
Amendment 40 #

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, goods throughout their life cycle and services, and those of their subsidiaries and value chains.
2022/11/10
Committee: IMCO
Amendment 44 #

2022/0051(COD)

Proposal for a directive
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, produced goods and services throughout their life cycle, and those of their subsidiaries, as well as their established direct and indirect business relationships throughout their value chains and therefore beyond the first tier of the value chain, in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. The action should be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Account should be taken of the specificities of the company’s value chain, sector or geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
2022/11/10
Committee: IMCO
Amendment 55 #

2022/0051(COD)

Proposal for a directive
Recital 18
(18) The value chain should cover all activities related to the production and use of a good or provision of services by a company, its subsidiaries or companies in which it holds minority shareholding, including the development of the product or the service and the use, waste management and disposal of the product as well as the related activities of established business relationships of the company and its subsidiaries. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply of primary and secondary raw materials, 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.
2022/11/10
Committee: IMCO
Amendment 59 #

2022/0051(COD)

Proposal for a directive
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to established business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the value chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that company.deleted
2022/11/10
Committee: IMCO
Amendment 64 #

2022/0051(COD)

Proposal for a directive
Recital 21
(21) Under this Directive, all EU companies with more than 500 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden,the exception of micro- undertakings as defined by Article 3(1) of Directive 2013/34/EU should be required to comply with due diligence. companies operating in such high-impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. _________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
2022/11/10
Committee: IMCO
Amendment 68 #

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 selectionis Directive should provide a list of high- impact sectors for the purposes of this Directive should be basedbased among others, on existing sectoral OECD due diligence guidance. The following sectors that should be regarded as high-impact for the purposes of this Directive include: the energy sector including gas, nuclear, steam, electricity and other sources throughout their life cycle, from extraction, refining, production, combustion of fuels, transportation, storage and waste management including radioactive waste; the chemicals sector; : the manufacture of textiles, apparel, fur, leather and related products (including footwear), and the wholesale trade and retail of textiles, clothing and footwear; plastic production, waste shipment and management; agriculture, forestry, fisheries (including aquaculture), the management of land and resources (including in relation to nature conservation or other related activities),the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, animal products, wood, food, and beverages; construction sector and infrastructure building; transportation sector, logistics and storage; the extraction and refining of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value chathe production, use and waste management of electronic products; waste management sector; employment activities, health, social and elder care; cleaning and the services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader covehousehold services; hospitality; financial and insurance activities, technology, digital activities and online platforms; manufacture and tragde of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even ifweapons and ammunition, including dual-use items, manufacture and trade of military fighting vehicles; private security activities and security systems service activities, including they do not have a legal form with limited liability. evelopment and operation of biometrics and surveillance technologies
2022/11/10
Committee: IMCO
Amendment 82 #

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. An ‘appropriate measures’ should mean a set of measures 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 influence 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 impactsuch as the characteristics of the economic sector and the size of the company.
2022/11/10
Committee: IMCO
Amendment 85 #

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. I in order to allow for a comprehensive identification of adverse impacts, such identification should be based on quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in value chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstancesdevelop and implement a prioritisation strategy in consultation with stakeholders, which shall take into account the level of severity, likelihood, the duration, the spread and reversibility of the different potential adverse impacts on human rights, the environment and the climate.
2022/11/10
Committee: IMCO
Amendment 87 #

2022/0051(COD)

Proposal for a directive
Recital 31
(31) In order to avoid undue burden on the smaller companies operating in high- impact sectors which are covered by this Directive, those companies should only be obliged to identify those actual or potential severe adverse impacts that are relevSMEs covered by this Directive, those companies should be supported with adequate and targeted measures antd to the respective sectorols.
2022/11/10
Committee: IMCO
Amendment 92 #

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. Where necessary due to the complexity of prevention measures,: companies should develop and implement a prevention action plan. Companies should seek to obtain contractual and other assurances from a direct partner with whom they have an established business relationship 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 be reasonable, non-discriminatory and 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, provide targeted and proportionate support for an SME with which they have an established business relationship such as financingSMEs in their value chain, 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 capacity- building via activities such as training, management systems upgrading, and collaborate with other companies to develop guidance and sectoral supporting materials, with a particular focus on SMEs .
2022/11/10
Committee: IMCO
Amendment 103 #

2022/0051(COD)

Proposal for a directive
Recital 37
(37) As regards direct and 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. Companies could assess, at their own initiative, the alignment of these schemes and initiatives with the obligations under this Directive. In order to ensure full information on such initiatives, the Directive should also refer to the possibility 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, mayshould issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives.
2022/11/10
Committee: IMCO
Amendment 105 #

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, 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 their own operations and in 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 should be required to take for bringing actual human rights and environmental adverse impacts to an end and minimisation of their extent, where relevant depending on the circumstances.
2022/11/10
Committee: IMCO
Amendment 116 #

2022/0051(COD)

Proposal for a directive
Recital 42
(42) Companies should provide the possibility for persons, groups, communities, entities and organisations to submit complaints directly to them in case of legitimate concerns regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual adverse impact. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaints should be entitled to request from the company appropriate follow-up on the complaint and to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint. This access should not lead to unreasonable solicitations of companies.
2022/11/10
Committee: IMCO
Amendment 118 #

2022/0051(COD)

Proposal for a directive
Recital 43
(43) Companies should monitortrack the implementation and monitor the effectiveness of their due diligence measures. They should, in consultation with stakeholders, carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and environmental adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
2022/11/10
Committee: IMCO
Amendment 124 #

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 regards corporate sustainability reporting sets out relevant reporting obligations for the companies covered by this directive. In order to avoid duplicating reporting obligations, this Directive should therefore not introduce any new reporting obligations in addition to those under Directive 2013/34/EU for the companies covered by that Directive as well as the reporting standards that should be developed under it. As regards companies that are within the scope of this Directive, but do not fall under Directive 2013/34/EU, in order to comply with their obligation of communicating as part of the due diligence under this Directive, they should publish on their website an annual statement in a language customary in the sphere of international business. This reporting should be accessible, comparable, and sufficiently detailed to demonstrate the adequacy of a company’s due diligence process.
2022/11/10
Committee: IMCO
Amendment 125 #

2022/0051(COD)

Proposal for a directive
Recital 44 a (new)
(44 a) Companies should provide stakeholders adequate, comprehensive meaningful information about actual and potential adverse human rights, environmental and climate impacts and the actions taken to respect their due diligence. Stakeholders should also be able to request additional information from a company regarding the actions taken to comply with the obligations set in this Directive. The confidentiality of commercial and industrial information shall not serve as a bar for access to information that relates to the implementation, by a company, of the provisions of national law transposing this Directive.
2022/11/10
Committee: IMCO
Amendment 131 #

2022/0051(COD)

Proposal for a directive
Recital 46 a (new)
(46 a) Stakeholders should be engaged effectively, meaningfully and in a structural manner by companies throughout the entire due diligence process. Companies should pay special attention to overlapping vulnerabilities and intersecting factors in stakeholder engagement, including by adopting a gender and culturally responsive approach at all times. Companies should provide meaningful information to stakeholders about actual and potential adverse human rights, environmental and climate impacts of particular operations, projects and investments, in a timely and accessible manner taking into account specificities of different stakeholders. Companies must respect the rights of Indigenous Peoples, as laid out in the United Nations Declaration on the Rights of Indigenous Peoples, including free, prior and informed consent and indigenous peoples’ right to self- determination.
2022/11/10
Committee: IMCO
Amendment 133 #

2022/0051(COD)

Proposal for a directive
Recital 47
(47) Although SMEs are not included in the scope of this Directive, they could be impacted by its provisions as contractors or subcontractors to the companies which are in the scope. The aim is nevertheless to mitigate financial or administrative burden on SMEs, many of which are already struggling in the context of the global economic and sanitary crisisThe aim is to mitigate financial or administrative burden on SMEs, while conducting due diligence pursuant to this Directive. In order to support SMEs, Member States should set up and operate, either individually or jointly, dedicated websites, portals or platforms, and Member States could also financially support SMEs and help them build capacity. Such support should also be made accessible, and where necessary adapted and extended to upstream economic operators in third countries. Companies whose business partner is an SME, are also encouraged to support them to comply with due diligence measures, in case such requirements would jeopardize the viability of the SME and use fair, reasonable, non- discriminatory and proportionate requirements vis-a-vis the SMEs.
2022/11/10
Committee: IMCO
Amendment 139 #

2022/0051(COD)

Proposal for a directive
Recital 54 a (new)
(54 a) Under Article 18(2) of Directive 2014/24/EU, Article 36(2) of Directive 2014/25/EU and Article 30(3) of Directive 2014/23/EU, Member States are required to take appropriate measures to ensure compliance with obligations under Union law. Therefore this Directive should lay down further requirements to specify the measures Member States can adopt to ensure compliance with the obligations under this Directive throughout procurement processes, from selection to performance of the contract. Necessary measures should include but should not be limited to the requirement for companies to prove compliance with the obligations laid down under this Directive by submitting evidence and supporting documents.
2022/11/10
Committee: IMCO
Amendment 158 #

2022/0051(COD)

Proposal for a directive
Recital 65
(65) Persons who work for companies subject to due diligence obligations under this Directive or who are in contact with such companies in the context of their work-related activities can play a key role in exposing breaches of the rules of this Directive. They can thus contribute to preventing and deterring such breaches and strengthening the enforcement of this Directive. Directive (EU) 2019/1937 of the European Parliament and of the Council106 should therefore apply to the reporting of all breaches of this Directive and to the protection of persons reporting such breaches. In particular, stakeholders submitting complaints or concerns should be effectively protected, notably by ensuring the confidentiality and anonymity of the complaint or concern raised. Stakeholders should also be protected against strategic lawsuits against public participation. _________________ 106 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
2022/11/10
Committee: IMCO
Amendment 160 #

2022/0051(COD)

Proposal for a directive
Recital 1
(1) The Union is founded on the respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights as enshrined in the EU Charter of Fundamental Rights. Article 191 of the Treaty on the Functioning of the European Union (TFEU) states that Union policy shall contribute to preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilisation of natural resources and promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change. Those core values that have inspired the Union’s own creation, as well as the universality and indivisibility of human rights, and respect for the principles of the United Nations Charter and international law, should guide the Union’s action on the international scene. Such action includes fostering the sustainable economic, social and environmental development of developing countries.
2022/11/11
Committee: DEVE
Amendment 162 #

2022/0051(COD)

Proposal for a directive
Recital 2 a (new)
(2a) To achieve these objectives, a systemic change to the Union economy is needed to ensure that the green transition is achieved in a just and inclusive way, within planetary boundaries. Achievement of the SDGs by the Union and its support for third countries to do the same will be essential if the Union is to demonstrate global leadership in achieving sustainability transitions[1]. [1] See how to refer to it: General Union Environment Action Programme to 2030, A9-0203/127;
2022/11/11
Committee: DEVE
Amendment 162 #

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 ands well as environmental and climate adverse impacts, with respect to their own operations, the operationproducts and services, the operations products and services of their subsidiaries, and the value chain operations carried out by entities with whom the company has an established business relationship and
2022/11/10
Committee: IMCO
Amendment 167 #

2022/0051(COD)

Proposal for a directive
Recital 10 a (new)
(10a) Due diligence practices under this Directive should contribute to preserving and restoring marine and terrestrial biodiversity by, inter alia, halting, mitigating and reversing biodiversity loss and improving the state of ecosystems and their functions and the services they provide, and by improving the state of the environment, in particular air, water and soil, as part of the main objectives of protecting the health and well-being of people, animals and ecosystems from environment-related risks, in line with Agenda 2030.
2022/11/11
Committee: DEVE
Amendment 168 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b
(b) on liability for violations of the obligations mentioned above., and
2022/11/10
Committee: IMCO
Amendment 170 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) on access to justice for victims of the obligations mentioned above
2022/11/10
Committee: IMCO
Amendment 175 #

2022/0051(COD)

Proposal for a directive
Recital 16 a (new)
(16a) Companies should develop and adapt the due diligence measures in light of the political context in which companies, their subsidiaries and their business relationships operate throughout their value chains. In conflict-affected and high-risk areas, companies run additional risk to be involved in severe human rights abuses. In these areas, companies should therefore undertake heightened, conflict-sensitive due diligence, in order to address these heightened risks and to ensure that they do not facilitate, finance, exacerbate or otherwise negatively impact the conflict or contribute to violations of international human rights law or international humanitarian law in conflict-affected or high-risk areas.
2022/11/11
Committee: DEVE
Amendment 178 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to companies which are formed in accordance with the legislation of a Member State and which fulfil with the exceptione of the following conditionsmicro-enterprises as defined by article 3(1) of Directive 2013/34/EU.:
2022/11/10
Committee: IMCO
Amendment 180 #

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;
2022/11/10
Committee: IMCO
Amendment 182 #

2022/0051(COD)

Proposal for a directive
Recital 21
(21) Under this Directive, all EU companies with more than 500 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, cthe exception of micro- enterprises as defined by Article 3(1) of Directive 2013/34/EU should be required to comply with due diligence. Companies operating in such high-impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 [1], 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[1] 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).
2022/11/11
Committee: DEVE
Amendment 184 #

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 basedand climate issues, this Directive should provide a list of high-impact sectors based¸ among others, on existing sectoral OECD due diligence guidance. The following sectors that should be regarded as high-impact for the purposes of this Directive: include: the energy sector including gas, nuclear, steam, electricity and other sources throughout their life cycle, from extraction, refining, production, combustion of fuels, in transportation, storage and waste management including radioactive waste; the chemicals sector; the manufacture of textiles, apparel, fur, leather and related products (including footwear), and the wholesale trade and retail of textiles, clothing and footwear; plastic production, waste shipment and management; agriculture, forestry, fisheries (including aquaculture), the management of land and resources (including in relation to nature conservation or other related activities), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, animal products, wood, food, and beverages; construction sector and infrastructure building; transportation sector, logistics and storage; the extraction and refining of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non- metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value cha the production, use and waste management of electronic products; waste management sector; employment activities, health, social and elder care; cleaning and the services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader covehousehold services; hospitality; financial and insurance activities; technology, digital activities and online platforms; manufacture and tragde of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even ifweapons and ammunition, including dual-use items, manufacture and trade of military fighting vehicles; private security activities and security systems service activities, including they do not have a legal form with limited liability. evelopment and operation of biometrics and surveillance technologies.
2022/11/11
Committee: DEVE
Amendment 184 #

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) agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; (iii) the extraction of mineral resources 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
2022/11/10
Committee: IMCO
Amendment 191 #

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 context. Due diligence should further encompass adverse environmental impacts resulting from the violation of one of the prohibitions and ob. Due diligence should further encompass adverse environmental and climate impacts resulting from the violation of one of the prohibitions and obligations established under EU and international environmental law, including, but not limited to the international environmental conventions listed in the Annex to this Directive, in particular adverse impacts on air quality, air pollution and atmosphere, water pollution, water contamination, access to water and depletion of freshwater, soil, such as soil pollution, soil contamination, soil erosion, and land degradation, biodiversity, including damage to wildlife, seabed and marine environment, flora, fauna, natural habitats and ecosystems, human health in accordance with the 'One Health' approach, cligmations pursuant to the international environmental conventions listed in the Annex to this Directivee, including through greenhouse gas emissions and the destruction or degradation of sinks.
2022/11/11
Committee: DEVE
Amendment 193 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to large as well as listed small and medium- sized companies which are formed in accordance with the legislation of a third country, and fulfil one of the following conditions:operating in the Union and have generated a net turnover of more than EUR 8 million in the financial year preceding the last financial year
2022/11/10
Committee: IMCO
Amendment 195 #

2022/0051(COD)

Proposal for a directive
Recital 27
(27) In order to conduct appropriate human rights, climate and environmental due diligence with respect to their operations, produced goods and services throughout their life-cycle, and those their subsidiaries, and their value chains, companies covered by this Directive should, after meaningful consultation with stakeholders, integrate due diligence into corporate policies with short-, medium- and long-term measures, identify, prevent and mitigate as well as bring to an end and minimise the extent of potential and actual adverse human rights and, environmental and climate impacts, establish and maintain a complaints procedure, monitor and assess 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 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.
2022/11/11
Committee: DEVE
Amendment 198 #

2022/0051(COD)

Proposal for a directive
Recital 28
(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 corporate policies and have in place a 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 established business relationships. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. Companies must put in place adequate policies to avoid passing on the costs of the due diligence process to business partners in a weaker position. The due diligence policy should notably include a strategy of co-investment to build the capacity of weaker business partners to carry out due diligence. Companies should also update their due diligence policy annually.
2022/11/11
Committee: DEVE
Amendment 200 #

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
2022/11/10
Committee: IMCO
Amendment 202 #

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 and climate impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on quantitative and qualitative information. For instance, as regards adverse environmental and climate impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in value chains. Identification of adverse impacts should include assessing the human rights, and environmental and climate context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstancesdevelop and implement a prioritisation strategy in consultation with stakeholders, which shall take into account the level of severity, likelihood, the duration, the spread and reversibility of the different potential adverse impacts on human rights, the environment and the climate.
2022/11/11
Committee: DEVE
Amendment 202 #

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
2022/11/10
Committee: IMCO
Amendment 206 #

2022/0051(COD)

Proposal for a directive
Recital 31
(31) In order to avoid undue burden on the smaller companies operating in high- impact sectors which are covered by this Directive, those companies should only be obliged to identify those actual or potential severe adverse impacts that are relevSMEs covered by this Directive, those companies should be supported with adequate and targeted measures antd to the respective sectorols.
2022/11/11
Committee: DEVE
Amendment 207 #

2022/0051(COD)

Proposal for a directive
Recital 32
(32) In line with international standards, prevention and mitigation and remediation as well as bringing to an end and minimisation of adverse impacts should fully take into account the interests of those adversely impacted. In order to enable continuous engagement with the value 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, in line with the Union`s policy of ze and should be designed and determined on the basis of meaningful engagement with them. Companies should engage in a timely manner, efficiently and meaningfully with stakeholders impacted by the decision to suspend or terminate the adverse impacts before reaching that decision, and shall address the adverse impacts derived fro-m tolerance on child labour. Terminating a business relationship in whichhose actions. In particular, contributions to ending the child labour was fshounld 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 takeinclude adjusting pricing practices to ensure a decent living of families and farmers, supporting children’s access to education and require the supplier to avoid child labour.
2022/11/11
Committee: DEVE
Amendment 210 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point a – point i
(i) a legal person constituted as one of the legal forms listed in Annex I and II to Directive 2013/34/EU of the European Parliament and of the Council110 ; _________________ 110 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings (OJ L 182, 29.6.2013, p. 19).
2022/11/10
Committee: IMCO
Amendment 211 #

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 effortsand remediation efforts where appropriate, if there is reasonable expectation that these efforts are to succeed in the short-termaccordance with a joint time-bound plan; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. Companies shall engage meaningfully with stakeholders impacted by the decision to disengage before reaching this decision, and shall address the adverse impacts related to the decision to disengage and pursue remediation of past adverse impacts where appropriate. 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.
2022/11/11
Committee: DEVE
Amendment 211 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 19 a (new)
- a market operator as defined in article 4(1) (18) of Directive 2014/65/EU
2022/11/10
Committee: IMCO
Amendment 214 #

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, climate, rule of law and good governance adverse impacts, 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 their own operations and in subsidiaries and to require partners to do so. 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 impactssuch impacts, to the greatest extent possible. 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 should be required to take for bringing actual adverse human rights and environmental, climate, rule of law and good governance adverse impacts to an end and minimisation of their extent, where relevant depending on the circumstances.
2022/11/11
Committee: DEVE
Amendment 215 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
(e) ‘business relationship’ means a relationship withbetween the company or one of its subsidiaries and a contractor, subcontractor or any other legal entities, governmental or otherwise, within their value chain (‘partner’)
2022/11/10
Committee: IMCO
Amendment 217 #

2022/0051(COD)

Proposal for a directive
Recital 42
(42) Companies should provide the possibility for persons, groups, communities, entities and organisations to submit complaints directly to them in case of legitimate concerns regarding actual or potential human rights and, environmental and climate adverse impacts. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual adverse impact, human rights and environmental rights defenders, or other legal or natural persons who have as a statutory purpose the defence of human rights, climate, the environment or good governance. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaints should be entitled to request from the company appropriate follow-up on the complaint and to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint. This access should not lead to unreasonable solicitations of companies.
2022/11/11
Committee: DEVE
Amendment 218 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e a (new)
(e a) ‘high-impact sector’ means any of the following: (i) the energy sector, including gas, nuclear, steam, electricity and other sources throughout their life cycle, from extraction, refining, production, combustion of fuels, transportation, storage and waste management including radioactive waste; (ii) the production, use and disposal of organic and inorganic chemicals, including pharmaceuticals, plant protection products and fertilisers; (iii) the manufacture of textiles, apparel, leather, fur and related products (including footwear), and the wholesale trade and retail of textiles, clothing and footwear; (iv) plastic production, waste shipment and management; (v) agriculture, water supply, forestry, fisheries (including aquaculture), the management of land and resources (including in relation to nature conservation or other related activities), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, animal products, wood, food, beverages; (vi) construction sector and building infrastructures; (vii) transportation sector, logistics and storage; (viii) the extraction and refining of mineral resources, transport and handling, 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, and the wholesale trade of mineral resources, basic and intermediate mineral products (including metal sand metal ores, construction materials, fuels, chemicals and other intermediate products); (ix) the production, use and waste management of electronic products; (x) waste management sector; (xi) employment activities; (xii) health care, social care and elder care; (xiii) cleaning and household services; (xiv) hospitality; (xv) financial and insurance activities; (xvi) technology, digital activities and online platforms; (xvii) Manufacture of weapons and ammunition, including dual-use items, manufacture of military fighting vehicles; (xviii) Private security activities and security systems service activities, including the development and operation of biometrics and surveillance technologies;
2022/11/10
Committee: IMCO
Amendment 219 #

2022/0051(COD)

Proposal for a directive
Recital 43
(43) Companies should monitor the implementation and effectiveness of their due diligence measures. They should, in consultation with stakeholders, carry out periodic assessments of their own operations, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, minimisation, bringing to an end and mitigation of human rights and, environmental and climate adverse impacts. Such assessments should verify that adverse impacts are properly identified, due diligence measures are implemented and adverse impacts have actually been prevented or brought to an end. In order to ensure that such assessments are up-to- date, they should be carried out at least every 12 months and be revised in-between if there are reasonable grounds to believe that significant new risks of adverse impact could have arisen.
2022/11/11
Committee: DEVE
Amendment 221 #

2022/0051(COD)

Proposal for a directive
Recital 44 a (new)
(44a) Companies should provide stakeholders adequate, comprehensive meaningful information about actual and potential adverse human rights, environmental and climate impacts and the actions taken to respect their due diligence. Stakeholders should also be able to request additional information from a company regarding the actions taken to comply with the obligations set in this Directive. The confidentiality of commercial and industrial information shall not serve as a bar for access to information that relates to the implementation, by a company, of the provisions of national law transposing this Directive.
2022/11/11
Committee: DEVE
Amendment 221 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the value chain;deleted
2022/11/10
Committee: IMCO
Amendment 224 #

2022/0051(COD)

Proposal for a directive
Recital 46 a (new)
(46a) Stakeholders, especially potentially impacted groups, including workers as well as human rights and environmental rights defenders, should be engaged effectively, meaningfully and in a structural manner by companies throughout the entire due diligence process. This includes the explicit recognition of the role of social dialogue and engagement with workers' representatives and trade unions, as described in the OECD Guidelines and International Labour Organisation (ILO) Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy. In line with the UNGPs and OECD Guidelines, companies should engage with potentially affected stakeholders, with the objective of understanding and responding to their interests and concerns. They should particularly engage with those who are likely to be the most vulnerable to adverse impacts in connection with the company’s operations or value chain, such as smallholders, farm workers, Indigenous peoples and local communities, and women. The right to the free, prior, and informed consent of Indigenous peoples and local communities should also be fully embedded in relevant engagement and consultation processes, in line with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and ILO Convention 169 on Indigenous and Tribal Peoples.
2022/11/11
Committee: DEVE
Amendment 226 #

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, climate, rule of law and good governance impacts of their operations and business relationships, paying specific attention to the challenges faced by smallholders. They, who are some of the most marginalised actors in the global value chains. If smallholders do not meet their needs, then they cannot afford the social (e.g. no child labour) and environmental improvements (e.g. no deforestation or sustainable diversification) that they buyers, governments and consumers expect from them. Henceforth, the Commission and Member States should use their neighbourhood, development and international cooperation instruments to support third country governments and upstream economic operators in third countries addressing adverse human rights and, environmental, climate, rule of law and good governance 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, climate, rule of law and good governance impacts. In the same line, the Commission and Member States should provide targeted support to stakeholders in developing countries, in order to ensure their meaningful engagement in all due diligence processes. In particular, support should be provided to national and local civil society organisations to monitor corporate practices and hold companies accountable and dedicated measures and funds should ease access to justice.
2022/11/11
Committee: DEVE
Amendment 227 #

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, in consultation with stakeholders, adopt a plan to ensure that the business model and strategy of the company are compatiblealigned with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. In case climate is or should have been identified as a principal risk for or a principal impact of the company’s operations and with the objective of achieving climate neutrality by 2050 at the latest as established in Regulation EU 2021/1119 (European Climate Law), pursuant to the latest recommendations of the IPCC and the European Scientific Advisory Board on Climate Change. Accordingly, the company should include emissions reduction objectives in its plan.
2022/11/11
Committee: DEVE
Amendment 228 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) ‘value chain’ means activities related to the production of goods or the provision of services by a the company, its subsidiaries or companies in which it holds a minority shareholding, including the development of the product or the service and the use, waste management and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, 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; or its subsidiaries.
2022/11/10
Committee: IMCO
Amendment 230 #

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 failure to comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage. The company should also be liable for damages that result from adverse human rights, environmental or climate impacts that should have been identified, prevented, mitigated, brought to an end or their extent minimised by its subsidiaries.
2022/11/11
Committee: DEVE
Amendment 233 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
(g a) product means any item, interconnected or not to other items, throughout its lifecycle, produced, used, supplied or made available, whether for consideration or not, in the course of a commercial activity
2022/11/10
Committee: IMCO
Amendment 234 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g b (new)
(gb) ‘services’ means services within the meaning of article 57 TFEU;
2022/11/10
Committee: IMCO
Amendment 235 #

2022/0051(COD)

Proposal for a directive
Recital 59 a (new)
(59a) The right to an effective remedy is an internationally recognised human right, enshrined in Article 8 of the Universal Declaration of Human Rights, and Article 2(3) of the International Covenant on Civil and Political Rights, and is also a fundamental right of the Union within the meaning of Article 47 of the Charter. Member States should thus ensure that victims have access to an effective remedy and that the costs and the length of the proceedings do not prevent claimants from access to courts. These measures may, for example, take the form of public funding, including structural support for victims of actual and potential adverse impacts, limitation of applicable court or administrative fees, or access to legal aid.
2022/11/11
Committee: DEVE
Amendment 235 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point h
(h) ‘independent third-party verification’ means verification of the compliance by a company, or parts of its value chain, with human rights, good governance, and environmental and climate requirements resulting from the provisions of this Directive through an assessment of conformity in accordance with Decision No 768/2008/EC of the European Parliament and of the Council and accredited in accordance with Regulation (EC) No 765/2008 by an auditor which is independent from the company, free from any conflicts of interests, has experience, expertise and competence in environmental and, climate human rights matters and good governance, is accredited in accordance with Regulation (EC) No 765/2008, has a European registered office and is accountable for the quality and reliability of the audit;
2022/11/10
Committee: IMCO
Amendment 236 #

2022/0051(COD)

Proposal for a directive
Recital 59 b (new)
(59b) The most significant barriers to access to justice for victims of adverse impacts is the difficulty in proving the company's failure to meet its obligations. In case of a civil liability claim for damages and when prima facie elements are provided by the claimants, the causal link between the damage and the company’s failure to comply should be presumed and the respondent should have to prove it has complied with its obligations and that appropriate measures were taken.
2022/11/11
Committee: DEVE
Amendment 237 #

2022/0051(COD)

Proposal for a directive
Recital 59 c (new)
(59c) Trade unions, civil society organisations or other relevant actors acting in the public interest, such as National Human Rights Institutions or an Ombudsman, should be able to bring representative actions before their courts on behalf and for the protection of the collective interests of victims of actual and potential adverse impacts, and that these entities have the rights and obligations of a claimant party in the proceedings.
2022/11/11
Committee: DEVE
Amendment 239 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point j
(j) ‘industry initiative’ means a combination of voluntary value chain due diligence procedures, tools and mechanisms, in accordance with Decision No 768/2008/EC of the European Parliament and of the Council and accredited in accordance with Regulation (EC) No 765/2008, including independent third- party verifications, developed and overseen by governments, industry associations or groupings of interested organisations; and overseen by an auditor with a European registered office accredited in accordance with Regulation (EC) No 765/2008;
2022/11/10
Committee: IMCO
Amendment 242 #

2022/0051(COD)

(65) Persons who work for companies subject to due diligence obligations under this Directive or who are in contact with such companies in the context of their work-related activities can play a key role in exposing breaches of the rules of this Directive. They can thus contribute to preventing and deterring such breaches and strengthening the enforcement of this Directive. Directive (EU) 2019/1937 of the European Parliament and of the Council106 should therefore apply to the reporting of all breaches of this Directive and to the protection of persons reporting such breaches. In particular, stakeholders submitting complaints or concerns should be effectively protected, notably by ensuring the confidentiality and anonymity of the complaint or concern raised. _________________ 106 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
2022/11/11
Committee: DEVE
Amendment 243 #

2022/0051(COD)

Proposal for a directive
Recital 65 a (new)
(65a) Human rights and environmental rights defenders are on the front line of the consequences of adverse environmental, climate and human rights impacts worldwide and in the EU, and may be directly threatened, intimidated, persecuted, harassed or even murdered, and as such should also benefit from balanced and effective protection. Companies should measure the actual and potential risks of their activities, as well as contextual risks to human rights and environmental rights defenders, engage with them and publish a policy on defenders that includes a zero-tolerance stance on threats or violence against them. Company policies must explicitly include in their due diligence protocols for safeguarding the rights of land and environmental rights defenders.
2022/11/11
Committee: DEVE
Amendment 243 #

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,workers, the workers of its subsidiaries, its small shareholders and other individuals, groups, communities or entities or civil society organisations, whose rights or interests are or could be affected by the products, services and operationspotential or actual adverse human rights impacts and adverse environmental impacts arising from the products, services and operations or by the potential or actual adverse impacts on human rights, climate or environment of that company, its subsidiaries and its business relationships across the entire value chain;
2022/11/10
Committee: IMCO
Amendment 245 #

2022/0051(COD)

Proposal for a directive
Recital 70
(70) The Commission should assess and report on a regular basis 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.
2022/11/11
Committee: DEVE
Amendment 246 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point n – point i (new)
i) the company’s workers, the workers of its subsidiaries, its small shareholders and other individuals, groups, communities, entities or civil society organisations, whose rights or interests are or could be affected by the products, services and operations or by the potential or actual adverse impacts on human rights, climate or environment of that company, its subsidiaries and its business relationships across the entire value chain;
2022/11/10
Committee: IMCO
Amendment 247 #

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 and climate 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, individual Member States’ measures risk being ineffective 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.
2022/11/11
Committee: DEVE
Amendment 249 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and, environmental adverse impacts, with respect to their own operations, the operationand climate adverse impacts and rule of law and good governance adverse impacts, with respect to their own operations, products and services, the operations products and services of their subsidiaries, and the value chain operations carried out by entities with whom the company has an established business relationship and;
2022/11/11
Committee: DEVE
Amendment 249 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point n – point ii (new)
ii) organisations representing the individuals, groups, communities or entities included in (i);
2022/11/10
Committee: IMCO
Amendment 250 #

2022/0051(COD)

iii) organisations who have as a statutory purpose the defence of human rights, good governance, the environment or climate; and
2022/11/10
Committee: IMCO
Amendment 251 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point n – point iv (new)
iv) other legal or natural persons engaged in the defence of human rights, good governance, the environment or climate.
2022/11/10
Committee: IMCO
Amendment 257 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 a (new)
1a. This Directive aims to ensure that companies respect human rights, good governance and protect the environment and the climate within their own operations, products and services, and those of their subsidiaries, and value chains.
2022/11/11
Committee: DEVE
Amendment 262 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to companies and other legal persons (including with a non-profit purpose) undertaking activities of commercial nature, which are formed in accordance with the legislation of a Member State and which fulfil one of the following conditions:, with the exception of micro- enterprises as defined by article 3(1) of Directive 2013/34/EU.
2022/11/11
Committee: DEVE
Amendment 262 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point q
(q) ‘appropriate measures’ means a set of measures that is capable of achieving the objectives of due diligence and effectively addressing the adverse impact, commensurate with the degree of severity, and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action.
2022/11/10
Committee: IMCO
Amendment 265 #

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;
2022/11/11
Committee: DEVE
Amendment 267 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that companies respect human rights, the environment and climate by obliging them to conduct human rights and environmental and climate due diligence as laid down in Articles 5 to 11 (‘due diligence’) by carrying out the following actions:
2022/11/10
Committee: IMCO
Amendment 268 #

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) 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 the manufacture of textiles, leather agriculture, forestry, fisheries the extraction of mineral resources
2022/11/11
Committee: DEVE
Amendment 270 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
(ii) agriculture, forestry, fisheries (including aquaculture), management of land and resources (including in relation to nature conservation or other related activities), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; and sale to consumers;
2022/11/11
Committee: DEVE
Amendment 273 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 1 – point d a (new)
(d a) engaging with stakeholders in a meaningful way, in accordance with article 9a.
2022/11/10
Committee: IMCO
Amendment 275 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to large as well as listed small and medium- sized companies which are formed in accordance with the legislation of a third country, and fulfil one of the following conditions: have generated a net turnover of more than EUR 8 million in the financial year preceding the last financial year.
2022/11/11
Committee: DEVE
Amendment 278 #

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
2022/11/11
Committee: DEVE
Amendment 280 #

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
2022/11/11
Committee: DEVE
Amendment 280 #

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 corporate policies and have in place a due diligence policy. The due diligence policy shall be developed in consultation with all stakeholders and shall contain all of the following:
2022/11/10
Committee: IMCO
Amendment 284 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
(aa) a legal person which undertakes activities of commercial nature, independently of its legal form, its sector of activity or its purpose (profit or non- profit).
2022/11/11
Committee: DEVE
Amendment 285 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental and climate impact’ means an adverse impact on the environment resulting from the violation of one of the prohibitions and obligations pursuant: (i) contributing to the exceeding of planetary boundaries; (ii) an adverse impact on the following elements or functions of ecosystems and the interrelations between them; (a) climate, including but not limited to greenhouse gas emissions and the destruction or degradation of sinks; (b) air and the atmosphere, including but not limited to air pollution; (c) water and access to water, including but not limited to, water use, water pollution, water quantities and depletion of freshwater; (d) soil, including but not limited to, soil pollution, soil erosion, land use and land degradation, soil contamination from waste disposal and treatment; (e) biodiversity, including but not limited to, damage to wildlife, flora, seabed and marine environment, natural habitats and ecosystems; (f) hazardous substances; (g) energy use; (h) the transition to a circular economy; (i) human health in accordance with the ‘One Health’ approach and the right to a healthy environment. (iii) an adverse impact on the environment or climate resulting from the violation of one of the prohibitions and obligations established under international environmental and climate legislation including but not limited to the international environmental and climate conventions listed in the Annex, Part II; ;
2022/11/11
Committee: DEVE
Amendment 285 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 1 – point a
(a) a description of the company’s approach to due diligence, including in the short, medium and long term, to due diligence and covering all their operations, products and services;
2022/11/10
Committee: IMCO
Amendment 288 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b
(b) a code of conduct describing rules and principles to be followed by the company’s employeeworkers and subsidiaries across all corporate functions and operations;
2022/11/10
Committee: IMCO
Amendment 289 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
(ca) ‘high-impact sector’ means any of the following: (i) the energy sector, including gas, nuclear, steam, electricity and other sources throughout their life cycle, from extraction, refining, production, combustion of fuels, transportation, storage and waste management including radioactive waste; (ii) the production, use and disposal of organic and inorganic chemicals, including pharmaceuticals, plant protection products and fertilisers; (iii) the manufacture of textiles, apparel, leather, fur and related products (including footwear), and the wholesale trade and retail of textiles, clothing and footwear; (iv) plastic production, waste shipment and management; (v) agriculture, water supply, forestry, fisheries (including aquaculture), the management of land and resources (including in relation to nature conservation or other related activities), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, animal products, wood, food, beverages; (vi) construction sector and building infrastructures; (vii) transportation sector, logistics and storage; (viii) the extraction and refining of mineral resources, transport and handling; (ix) the production, use and waste management of electronic products; (x) waste management sector; (xi) employment activities; (xii) health care, social care and elder care; (xiii) cleaning and household services; (xiv) hospitality; (xv) financial and insurance activities; (xvi) technology, digital activities and online platforms; (xvii) manufacture of weapons and ammunition, including dual-use items, manufacture of military fighting vehicles; (xviii) private security activities and security systems service activities, including the development and operation of biometrics and surveillance technologies;
2022/11/11
Committee: DEVE
Amendment 290 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 1 – point c
(c) a description of the processes and concrete measures put in place to implement due diligence across the value chain, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships.
2022/11/10
Committee: IMCO
Amendment 293 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c b (new)
(cb) ‘conflict-affected and high-risk areas’ means areas in a state of armed conflict or fragile post-conflict, areas under occupation and/or annexation, as well as areas witnessing weak or non- existent governance and security, such as failed states, and widespread and severe violations of international humanitarian and/or human rights law;
2022/11/11
Committee: DEVE
Amendment 295 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 2
2. Member States shall ensure that the companies updatereview, update and publish their due diligence policy annually at least every 12 months and whenever needed, in particular when there are reasonable grounds to believe that new risks of the occurrence of adverse impacts have arisen or may arise.
2022/11/10
Committee: IMCO
Amendment 298 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 2 a (new)
2a. For undertakings operating in one of the sectors referred to in article 3 point (ca) , the description of the company’s approach, the code of conducts and description of the processes and measures required under paragraph 1 (a) to (c) shall also include a detailed focus on the risks and impacts that are specific to that sector.
2022/11/10
Committee: IMCO
Amendment 299 #

2022/0051(COD)

Proposal for a directive
Article 6 – title
Identifying and assessing actual and potential adverse impacts
2022/11/10
Committee: IMCO
Amendment 301 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify and assess, actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations, products and services, or those of their subsidiaries and, wherthose related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4. These measures shall also include the assessment of the impact of policies and strategies regarding business relationships, including trading, procurement and pricing practices.
2022/11/10
Committee: IMCO
Amendment 308 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point l
(l) ‘severe adverse impact’ means an adverse environmental and climate 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;
2022/11/11
Committee: DEVE
Amendment 309 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 1 a (new)
1a. Member States shall ensure that in particular for companies operating in one of the sectors referred to in Article 3 point (ea), appropriate measures shall also target the risks that are specific to that sector.
2022/11/10
Committee: IMCO
Amendment 310 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means (i) the company’s employees workers, the employees workers of its subsidiaries, its small shareholders and other individuals, groups, communities, or entities or civil society organisations, whose rights or interests are or could be affected by the products, services and operations of that company, its subsidiaries and its business relationships; r by the potential or actual adverse impacts on human rights, climate or environment of that company, its subsidiaries and its business relationships across the entire value chain; (ii) organisations representing the individuals, groups, communities or entities included in (i); (iii) organisations who have as a statutory purpose the defence of human rights, good governance, the environment or climate; and (iv) other legal or natural persons engaged in the defence of human rights, good governance, the environment or climate.
2022/11/11
Committee: DEVE
Amendment 310 #

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
2022/11/10
Committee: IMCO
Amendment 312 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point n a (new)
(na) ‘meaningful engagement with stakeholders’ means an interactive, responsive, ongoing and gender-inclusive process of engagement with potentially affected stakeholders and their representative organisations, especially vulnerable stakeholders, such as workers, trade unions, smallholders, indigenous peoples and local communities, at each phase of the due diligence process. Companies shall engage with the genuine intention to understand how relevant stakeholder interests are affected by its activities, and shall engage with stakeholders prior to taking decisions that may impact them and take into consideration their interests. It involves the timely provision of all information needed by the potentially impacted stakeholders to make an informed judgment on how the decision could affect them. It should ensure a proper follow-up of the implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed.
2022/11/11
Committee: DEVE
Amendment 315 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 2 a (new)
2 a. Member States shall ensure that companies map their value chain and publicly disclose relevant information including names, locations, types of operations, products and services supplied, as well as other relevant information concerning subsidiaries, branches and business relationships.
2022/11/10
Committee: IMCO
Amendment 316 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point q
(q) ‘appropriate measures’ means a set of measures that is capable of achieving the objectives of due diligence and effectively addressing the adverse impact, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action.
2022/11/11
Committee: DEVE
Amendment 318 #

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
2022/11/10
Committee: IMCO
Amendment 322 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
2022/11/10
Committee: IMCO
Amendment 323 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that companies respect human rights, the environment and climate by obliging them to conduct human rights and, environmental and climate due diligence as laid down in Articles 5 to 11 (‘due diligence’) by carrying out the following actions:
2022/11/11
Committee: DEVE
Amendment 327 #

2022/0051(COD)

Proposal for a directive
Article 4 – paragraph 1 – point f a (new)
(fa) engaging with stakeholders in a meaningful way. In particular, (i) Member States shall ensure that companies carry out in good faith effective, meaningful and informed engagement with relevant stakeholders when implementing the due diligence process. Member States shall guarantee, in particular, the right for trade unions and for workers and smallholders’ representatives to be involved in implementation of the due diligence process in good faith with the companies. (ii) Companies may prioritise engagement with the most impacted stakeholders such as trade unions, workers and smallholders’ representatives, indigenous peoples and local communities, and engage in a manner that is appropriate to their size and to the nature and context of their operations. (iii) In situations where direct engagement is not possible, Member States shall ensure that companies consider other reasonable alternatives such as independent experts, human rights and environment defenders and civil society organizations representing stakeholders’ interests.
2022/11/11
Committee: DEVE
Amendment 327 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental and adverse impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
2022/11/10
Committee: IMCO
Amendment 329 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – introductory part
2. Companies shall be required to take appropriate measures, including but not limited to the following actions, where relevant:
2022/11/10
Committee: IMCO
Amendment 333 #

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 actionppropriate measures and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affectedll stakeholders;
2022/11/10
Committee: IMCO
Amendment 337 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point b
(b) seekensure contractual assurances from a business partner with whom it has a directnd other assurances regarding its business relationship that it will ensures of compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall applyIn case the business partner belongs to one of the sectors referred to in Article 3 (ea), the assurances shall include details on ensuring compliance with regards to the risks that are specific to that sector;
2022/11/10
Committee: IMCO
Amendment 342 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point c a (new)
(c a) adapt business models and strategies, including trading, procurement and pricing practices, in order to prevent potential adverse impacts;
2022/11/10
Committee: IMCO
Amendment 344 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
(ca) capacity of weaker business partners to carry out due diligence, taking into account the leverage of the company to ensure that the costs of the due diligence process are not passed on to business partners in a weaker position.
2022/11/11
Committee: DEVE
Amendment 346 #

2022/0051(COD)

Proposal for a directive
Article 5 – paragraph 1 a (new)
1a. For undertakings operating in one of the sectors referred to in article 3 point (ca), the description of the company’s approach, the code of conducts and description of the processes and measures required under paragraph 1 (a) to (c) shall also include a detailed focus on the risks and impacts that are specific to that sector.
2022/11/11
Committee: DEVE
Amendment 346 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate support for an SME with which the company has an established business relationship,he necessary support such as loans or financing for business partners, in particular SMEs where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SMEbusiness partner;
2022/11/10
Committee: IMCO
Amendment 351 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 a (new)
2 a. The appropriate measures and actions shall apply to a company’s own operations, products and services, their subsidiaries as well as direct and indirect business relationships.
2022/11/10
Committee: IMCO
Amendment 352 #

2022/0051(COD)

Proposal for a directive
Article 6 – title
Identifying and assessing actual and potential adverse impacts
2022/11/11
Committee: DEVE
Amendment 352 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 b (new)
2 b. The appropriate measures and actions shall apply to a company’s own operations, products and services, their subsidiaries as well as direct and indirect business relationships.
2022/11/10
Committee: IMCO
Amendment 353 #

2022/0051(COD)

1. Member States shall ensure that companies take appropriate measures to identify and assess actual and potential adverse human rights impacts and adverse environmentalas well as environmental and climate adverse impacts arising from their own operations, products and services, or those of their subsidiaries and, wher those related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4. These measures shall also include the assessment of the impact of policies and strategies regarding business relationships, including trading, procurement and pricing practices.
2022/11/11
Committee: DEVE
Amendment 354 #

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 may seek to conclude a contract with a partner with whom it has an indirect relationship, with a view to achieving compliance with the company’s code of conduct or a prevention action plan. When such a contract is concluded, paragraph 4 shall apply.deleted
2022/11/10
Committee: IMCO
Amendment 357 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
The contractual assurances or the contract shall be accompanied by the appropriate measures to verify compliance. For the purposes of verifying compliance, the company may refer to suitable industry initiatives or independent third-party verification.
2022/11/10
Committee: IMCO
Amendment 361 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, because mitigation is not possible or acceptable, or there is no reasonable prospect of change, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take the followingin such cases, the company shall, in consultation with stakeholders, identify and remedy the risks and impacts of their actions:.
2022/11/10
Committee: IMCO
Amendment 366 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 2 a (new)
2a. Member States shall ensure that, when identifying actual and potential adverse impacts, companies also identify and assess the impacts of their business models and strategies, including trading, procurement and pricing practices.
2022/11/11
Committee: DEVE
Amendment 368 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – point b
(b) terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe as well as if the conditions for temporary suspension under point (a) are not met.
2022/11/10
Committee: IMCO
Amendment 371 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevant stakeholders to gather information on also carry out meaningful, gender inclusive engagement with potentially affected stakeholders and their representative organisations, especially vulnerable stakeholders, such as workers, trade unions, smallholders, indigenous peoples and local communities, to gather information on as well as to identify and assess actual or potential adverse impacts.
2022/11/11
Committee: DEVE
Amendment 376 #

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
2022/11/10
Committee: IMCO
Amendment 377 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 4 a (new)
4a. When carrying out consultations with stakeholders as provided for by this Directive under articles 6, 7 and 8, companies shall ensure that where the stakeholders are Indigenous Peoples, such consultations are conducted in accordance with international human rights standards, such as those developed in the United Nations Declaration on the Rights of Indigenous Peoples, including by respecting Indigenous Peoples’ rights to free, prior and informed consent and to self-determination.
2022/11/11
Committee: DEVE
Amendment 378 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 4 b (new)
4b. Member States shall ensure that in the context of conflict-affected and high- risk areas, companies engage in heightened due diligence and augment their due diligence framework with tools from atrocity prevention and conflict prevention.
2022/11/11
Committee: DEVE
Amendment 381 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 2
2. Where the adverse impact cannot immediately be brought to an end, Member States shall ensure that companies minimise the extent of such an impact, while continuing to pursue all efforts to bring the adverse impact to an end.
2022/11/10
Committee: IMCO
Amendment 382 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmentalas well as environmental and climate adverse impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
2022/11/11
Committee: DEVE
Amendment 384 #

2022/0051(COD)

3. Companies shall be required to takeIn order to comply with paragraphs 1 and 2 of this article, companies shall be required to take appropriate measures, including but not limited to the following actions, where relevant:
2022/11/10
Committee: IMCO
Amendment 387 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholdersaccordance with Article 4(2) point (a) on meaningful stakeholder engagement. When necessary, this plan should also include a prioritisation strategy on the basis of severity and irremediability of actual or potential harm;
2022/11/11
Committee: DEVE
Amendment 390 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance andthrough appropriate measures. In the event that these measures are accompanied by financial compensation paid by companies for adverse impacts resulting from business relationships, companies schale of the adverse impact and to the contribul benefit from legal assurance to obtain compensation ofrom the company’s conduct to the adverse impactpartners concerned;
2022/11/10
Committee: IMCO
Amendment 391 #

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 and measures with reasonable and clearly defined timelines for action, tools and qualitative and quantitative indicators for measuring improvement. Where relevant, tThe action plan shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. This is without prejudice to the possibility for Member States to uphold or introduce joint and several liability for different companies with a shared responsibility for an adverse impact. The corrective action plan shall be developed in consultation with stakeholders and shall be publicly available;
2022/11/10
Committee: IMCO
Amendment 394 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point c
(c) make necessary investments, such as into management or production processes, capacity building, joint prevention and mitigation measures with value chain partners, pricing mechanisms that contribute to living wages and incomes for their suppliers and infrastructures, to comply with paragraph 1;
2022/11/11
Committee: DEVE
Amendment 396 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point c
(c) seekensure contractual assurances from a direct partner with whom it has an establishednd other assurances regarding its business relationship that it will ensures of compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply.. With regards to contractual assurances the terms shall be reasonable and non- discriminatory. In case the business relationship is active in one of the sectors referred to in article 3 point (ca), the assurances shall also include details on ensuring compliance with regards to the risks that are specific to that sector;
2022/11/10
Committee: IMCO
Amendment 401 #

2022/0051(COD)

Proposal for a directive
Article 7 – paragraph 2 – point e a (new)
(ea) adjust their business models and strategies, including trading, procurement and pricing practices, to prevent potential adverse impacts they may contribute to.
2022/11/11
Committee: DEVE
Amendment 401 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point d a (new)
(d a) adapt business models and strategies, including trading, procurement and pricing practices, in order to bring to an end or minimise actual adverse impacts
2022/11/10
Committee: IMCO
Amendment 424 #

2022/0051(COD)

(aa) In the case of Indigenous Peoples, remediation actions should follow international standards including the United Nations Declaration on the Rights of Indigenous Peoples and may include actions to seek the restitution of the lands, territories and resources which they have traditionally owned or otherwise occupied or used.
2022/11/11
Committee: DEVE
Amendment 426 #

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 and measures with reasonable and clearly defined timelines for action, tools and qualitative and quantitative indicators for measuring improvement. Where relevant, the corrective action plan shall be developed in consultation with stakeholdersThe action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. This is without prejudice to the possibility for Member States to uphold or introduce joint and several liability for different companies with a shared responsible for an adverse impact. The corrective action plan shall be developed with the meaningful engagement of stakeholders including trade unions and workers’ representatives, and shall be made publicly available, and shall be publicly available;
2022/11/11
Committee: DEVE
Amendment 428 #

2022/0051(COD)

Proposal for a directive
Article 9 – title
Complaints procedureNon-judicial grievance mechanism
2022/11/10
Committee: IMCO
Amendment 430 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point b a (new)
(ba) where the stakeholders are Indigenous Peoples, the corrective action plan shall be developed in consultation with them and companies must obtain their free, prior and informed consent.
2022/11/11
Committee: DEVE
Amendment 430 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility forestablish, in consultation with stakeholders, or participate in an effective grievance mechanisms at operational level, both as an early-warning risk- awareness and as a remediation system, that can be used by persons and organisations listed in paragraph 2 to submit complaints to themraise grievances and request remedy where they have legitimatreasonable concerns regarding actual or potential adverse human rights impacts and adverse, good governance and environmental and climate impacts with respect to their own operations, the operation products and services, the operations, products and services of their subsidiaries and their value chains.
2022/11/10
Committee: IMCO
Amendment 434 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point d
(d) make necessary investments, such as into management or production processes, capacity building, joint remediation and mitigation plans with value chain partners, pricing mechanisms that contribute to living wages and incomes for their suppliers and infrastructures to comply with paragraphs 1, 2 and 3;
2022/11/11
Committee: DEVE
Amendment 435 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1 a (new)
1 a. Member States shall ensure that grievance mechanisms as established by companies, are legitimate, accessible, predictable, safe, equitable, transparent, rights-compatible and adaptable. Such mechanisms shall provide for the possibility to raise concerns either anonymously or confidentially, in accordance with national law.1b. Member States shall ensure that companies provide information to stakeholders, including in particular actual and potentially affected rights holders, on such grievance mechanisms, including on how to access them, on decisions and remedies relating to a company and on how the company is implementing them. All information shall be published in a manner that does not endanger the stakeholders’ safety, including by not disclosing their identity.
2022/11/10
Committee: IMCO
Amendment 437 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1 b (new)
1 b. Member States shall ensure that stakeholders, including in particular actual and potentially affected rights holders, play a central role in the design and evaluation of such independent grievance mechanisms and in the provision of remedy.
2022/11/10
Committee: IMCO
Amendment 438 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1 c (new)
1 c. Member States shall ensure that companies are enabled to provide a grievance mechanism through collaborative arrangements with other companies or organisations, by participating in multi-stakeholder grievance mechanisms or joining a Global Framework Agreement.
2022/11/10
Committee: IMCO
Amendment 439 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1 d (new)
1 d. The body or person applying the grievance mechanism shall be entitled to make proposals to the companies on how potential or actual adverse impacts may be addressed.
2022/11/10
Committee: IMCO
Amendment 440 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 3 – point f a (new)
(fa) adjust their business models and strategies, including trading, procurement and pricing practices, to bring to an end the adverse impacts they contribute to.
2022/11/11
Committee: DEVE
Amendment 440 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that the complaints may be submitted by:grievances may be submitted by all persons, groups, communities, entities and civil society organisations covered by Article 3 points (n), (ha) and (hb) as well as the natural and legal persons representing them, including in particular trade unions and other workers’ representatives.
2022/11/10
Committee: IMCO
Amendment 442 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point a
(a) persons who are affected or have reasonable grounds to believe that they might be affected by an adverse impact,deleted
2022/11/10
Committee: IMCO
Amendment 445 #

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 value chain concerned,deleted
2022/11/10
Committee: IMCO
Amendment 448 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 7 a (new)
7a. Companies shall fully remediate or contribute to the full remediation of actual adverse impacts taking into account that the adverse impacts can affect different groups of stakeholders. The action remedy shall be proportionate to the significance and scale of the adverse impact. Remedy may include apologies, restitution, rehabilitation, financial or non-financial compensation, restoration of the environment to its previous state and punitive sanctions (whether criminal or administrative, such as fines), as well as the prevention of harm through, for example, injunctions or guarantees of non-repetition.
2022/11/11
Committee: DEVE
Amendment 450 #

2022/0051(COD)

Proposal for a directive
Article 8 a (new)
Article 8a Responsible Disengagement 1. Member States shall ensure that companies disengage responsibly, and only as a last resort, when responding to situations where potential and adverse impacts within the meaning of Articles 7.1 and 8.1 cannot be prevented, brought to an end, or otherwise effectively mitigated or meaningfully minimized according to the views of affected stakeholders, in particular workers, or other stakeholders with a legitimate interest. To this end, companies shall meaningfully engage with stakeholders in accordance with article 9a, before taking a decision. 2. Companies shall disclose as part of their reporting obligation as referred to in Article 11, the number of instances where they have decided to disengage; the reason for this disengagement and the location of the concerned business relationships without disclosing their identity.
2022/11/11
Committee: DEVE
Amendment 450 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the value chain concerndeleted.
2022/11/10
Committee: IMCO
Amendment 453 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1 a (new)
1a. Member States shall ensure that companies put in place complaints mechanisms that are locally accessible, context appropriate and transparent, which take particular care in protecting against retaliation, in ensuring that Indigenous Peoples can understand and be understood in these proceedings and in ensuring that these mechanisms have been developed in conjunction with the communities concerned.
2022/11/11
Committee: DEVE
Amendment 456 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 3
3. Member States shall ensure that the companies establishgrievance mechanisms include a procedure for dealing with complaintgrievances referred to in paragraph 1, including a procedure when the company or its internal grievance mechanism considers the complaintgrievance to be unfounded, and inform the relevant stakeholders, including workers and trade unions, of those procedures. Member States shall ensure that where the complaintgrievance is well-founded, the adverse impact that is the subject matter of the complainit is deemed to be identified within the meaning of Article 6.
2022/11/10
Committee: IMCO
Amendment 459 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – point a a (new)
(a a) to receive guarantees of non- retaliation, confidentiality and anonymity for all actual and potentially affected stakeholders
2022/11/10
Committee: IMCO
Amendment 460 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – point b
(b) to meetengage with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint.
2022/11/10
Committee: IMCO
Amendment 462 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – point b a (new)
(b a) Member States must ensure that recourse to a grievance mechanism shall not preclude the claimants from having access to the substantiated concerns procedure as described in article 19, to the civil liability as described in article 22, nor to any other judicial mechanisms or other non- judicial grievance mechanism.
2022/11/10
Committee: IMCO
Amendment 464 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point c a (new)
(ca) business partners that are unable to fulfil the requirements of contractual assurances as referred to in Article 7.2(b) and 8.3(c) due to unfair purchasing practices of their buyers.
2022/11/11
Committee: DEVE
Amendment 464 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – point b b (new)
(b b) to request that companies fully remediate or contribute to the full remediation of actual adverse impacts. The remedy shall be proportionate to the significance and scale of the adverse impact.
2022/11/10
Committee: IMCO
Amendment 467 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 a (new)
4 a. to receive timely and effective information on the steps and actions taken in the context of a specific grievance filed to the independent grievance mechanism
2022/11/10
Committee: IMCO
Amendment 468 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 b (new)
4 b. Member States must ensure that any non-judicial remediation efforts must be in parallel to encouraging collective bargaining and recognition of trade unions and should by no means undermine the role of legitimate trade unions in addressing labour-related disputes.
2022/11/10
Committee: IMCO
Amendment 469 #

2022/0051(COD)

Proposal for a directive
Article 9 a (new)
Article 9 a Stakeholder engagement Member States shall ensure that companies effectively and meaningfully engage stakeholders, including human rights and environmental human rights defenders, in fulfilling their obligations pursuant to Articles 4-11. Companies shall be required to ensure: (a) stakeholder engagement covers information, consultation and participation and takes places on a structural and regular basis throughout the entire due diligence process; (b) comprehensive and meaningful information is provided to stakeholders in accordance with article 11; (c) effective and appropriate frameworks, measures and tools of engagement are put in place, including but not limited to: (i) setting reasonable and appropriate timelines ; (ii) identifying and addressing potential barriers to participation;(iii) providing adequate protection of stakeholders from the risk of retaliation; (iv) implementing an action plan to proactively seek the engagement of stakeholders in a marginalised or vulnerable situation. (d) ad-hoc and pro-active engagement with stakeholders is initiated in case of significant changes in operations, activities or operating context; and (e) a gender- and culturally responsive approach is ensured at all times. 2. Member States shall ensure that, when stakeholders request to be included in the engagement outlined in paragraph 1, companies assess and respond to these requests and that they provide a detailed justification in case the request is denied. 3. The engagement of workers and workers’ representatives shall be without prejudice to Directives 2002/14/EC and 2009/38/EC of the European Parliament and of the Council and Council Directive 2001/86/EC.
2022/11/10
Committee: IMCO
Amendment 470 #

2022/0051(COD)

Proposal for a directive
Article 10 – title
Tracking and Monitoring
2022/11/10
Committee: IMCO
Amendment 472 #

2022/0051(COD)

Proposal for a directive
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policyto track the implementation and monitor the effectiveness of the actions taken in accordance with article 4. Such assessments shall be carried out in consultation with stakeholders, based on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. For companies operating in one of the sectors referred to in article 3 point (ca), the assessments shall also provide detail with regards to the risks that are specific to that sector. The due diligence policy, the prevention action plan and the corrective action plan shall be updated in accordance with the outcome of those assessments.
2022/11/10
Committee: IMCO
Amendment 476 #

2022/0051(COD)

Proposal for a directive
Article 11 – title
Communication and Access to Informationg
2022/11/10
Committee: IMCO
Amendment 478 #

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 that meets those requirements in a language customary in the sphere of international business. This reporting should be accessible, comparable and sufficiently detailed to demonstrate the adequacy of a company’s due diligence process as per this Directive. For undertakings, and in particular small undertakings, that do not have a website, Member States shall dedicate a publicly accessible website where the annual statement of the companies concerned shall be published. The statement shall be published by 30 April each year, covering the previous calendar year.
2022/11/10
Committee: IMCO
Amendment 479 #

2022/0051(COD)

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 (new)
Member States shall ensure that companies provide, adequate, comprehensive and meaningful information to stakeholders about actual and potential adverse human rights, environmental and climate impacts and about the actions taken in accordance with this Directive with regards to particular operations, projects and investments.This information shall be provided in written and in a timely, accessible and gender and culturally responsive manner, taking into account specifics of the stakeholder group. In cases of significant changes in operations, activities or operating context, Member States shall ensure that companies proactively communicate to stakeholders and provide complementary and intermediary information. Member States shall ensure that stakeholders have the right to request additional information from a company regarding the actions taken in accordance with this Directive, without an interest having to be stated nor proven.Member States shall ensure that the company provides information within a reasonable time, and at the latest within one month after the request has been submitted.A stakeholder whose request for information is denied shall be given a detailed and written justification within a reasonable time.In the event the company does not provide sufficient justification, ignores the request, refuses to disclose the requested information, whether in part or in full, or answers inadequately to the request, Member States shall ensure that supervisory or judicial authorities are entitled to order the disclosure of the information.This process should be just, equitable, timely and not prohibitively expensive.Decisions, whether from supervisory or judicial authorities, shall be publicly accessible. Member States shall ensure that the confidentiality of commercial and industrial information, as established under national legislation, shall not serve as a barrier for access to information that relates to the application of this Directive. Grounds for refusal of disclosure shall be interpreted in a restrictive way, taking into account the public interest served by disclosure and the objectives of this Directive.
2022/11/10
Committee: IMCO
Amendment 483 #

2022/0051(COD)

Proposal for a directive
Article 11 a (new)
Article 11 a European Single Access Point 1. Member States shall ensure that annual statements prepared by undertakings pursuant to Article 11 are submitted to the collection body referred to in ESAP Regulation in order to make that information accessible on the European Single Access Point (ESAP). That information shall comply with all of the following requirements: (a) the information shall be prepared in a data extractable format as defined in Article 2, point (3), of ESAP Regulation or, where required under Union law, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council; (b) the information shall be accompanied by all the following metadata: (i) all the names of the undertaking to which the information relates; (ii) the legal entity identifier of the undertaking, as specified pursuant to Article 7(4) of Regulation [insert ESAP Regulation]; (iii) the size of the undertaking by category, as specified pursuant to Article 7(4) of Regulation [insert ESAP Regulation]; (iv) the type of information, as classified pursuant to Article 7(4) of ESAP Regulation; (v) the specific period for which the information is to be made publicly available on ESAP, where relevant.
2022/11/10
Committee: IMCO
Amendment 485 #

2022/0051(COD)

Proposal for a directive
Article 11 – paragraph 2
The Commission shall adopt delegated acts in accordance with Article 28 concerning the content and criteria for such reporting under paragraph 1, specifying information on the description of due diligence, potential and actual adverse impacts and actions taken on those., including:
2022/11/10
Committee: DEVE
Amendment 486 #

2022/0051(COD)

Proposal for a directive
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, may issue guidelines, including for specific sectors or specific adverse impactshall issue general as well as sector-specific and impact-specific guidelines particular , in particular for the sectors referred to in article 3 point (ca). These guidelines shall be ready before the entry into force of this Directive an regularly reviewed and updated. The issues to be addressed by the guidelines shall include the specific obligations under article 5 to 11 of this Directive as well as:(a) contexts, such as situations of conflict or occupation; (b) responsible purchasing practices; (c) gender-responsive and culturally responsive due diligence; (d) resource and information sharing among companies and other legal entities for the purposes of preventing, mitigating and remediating adverse impacts in compliance with competition law; (e) measures that companies should take to address the challenges faced by smallholders, including access to a living income; (f) responsible disengagement; (g) heightened, conflict-sensitive due diligence in conflict-affected areas. (h) the development and implementation of prioritisation strategies, in particular for SMEs.
2022/11/10
Committee: IMCO
Amendment 488 #

2022/0051(COD)

Proposal for a directive
Article 11 – paragraph 2 a (new)
measures companies have implemented to take into account stakeholders' views and interests throughout the due diligence process;
2022/11/10
Committee: DEVE
Amendment 489 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 1
1. Member States shall, in orderBefore the entry into force of this Directive, Member States shall develop and implement measures and toolboxes to provide information, advice and support to companies and the partners with whom they have established business relationships in their value chains in their efforts to fulfil the obligations resulting from this Directive,. To this end, Member States shall set up and operate individually or jointly dedicated interactive websites, platforms or portals. Specific consideration shall be given, in that respect, to the SMEs that are present in the value chains of companiesuch information, advice and support shall be practical and tailored to the specific needs of SMEs in particular, and shall be accompanied by the appointment or establishment of an SME contact point.
2022/11/10
Committee: IMCO
Amendment 491 #

2022/0051(COD)

measures companies have implemented as part of their strategies of co-investment to build the capacity of weaker business partners to carry out due diligence;
2022/11/10
Committee: DEVE
Amendment 492 #

2022/0051(COD)

Proposal for a directive
Article 11 – paragraph 2 c (new)
information on the number of instances where companies have decided to disengage, the reason for this disengagement and the location of the concerned suppliers without disclosing their identity, except where companies deem it acceptable to do so in accordance with applicable laws.
2022/11/10
Committee: DEVE
Amendment 496 #

2022/0051(COD)

Proposal for a directive
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, may issue guidelines, including for specific sectors or specific adverse impacts. the European Union Agency for Criminal Justice Cooperation (Eurojust), the European Union Agency for Law Enforcement Cooperation (Europol), the European Public Prosecutor’s Office, the European Anti-Fraud Office (OLAF) and where appropriate with international bodies having expertise in due diligence, may issue guidelines, concerning: - specific sectors or and in particular high-risk sectors of economic activity leading to severe adverse impacts; - impacts on the rule of law and good governance systems; - gender-responsive and culturally responsive due diligence; - specific adverse impactsimplementation of enhanced due diligence in conflict- affected areas; - safe, effective and meaningful engagement with stakeholders in all due diligence processes; - mapping of companies value chains and efficient process to monitor business partners’ behaviours throughout the value chains; - specific corporate policies such as trading, procurement, purchasing and pricing; - measures that companies should take to address the challenges faced by smallholders, including access to a living income; - facilitating access to justice for victims and persons, groups of persons and organisations with legitimate interests; - prevention and mitigation of retaliation risks faced by stakeholders including human rights, environmental, rule of law and good governance defenders for their involvement in due diligence processes; - responsible disengagement from a harmful business relationships or from a specific area or economic sector; - and cooperation with partner countries’ authorities in order to carry out investigations.
2022/11/10
Committee: DEVE
Amendment 497 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 3
3. The Commission mayshall, including in view of ensuring consistency, 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.
2022/11/10
Committee: IMCO
Amendment 498 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 3 a (new)
3 a. Member States shall provide financial and other support for stakeholders, including for their capacity development. Member States shall also provide relevant and necessary information and instruments to support stakeholders‘ participation in due diligence and judicial processes, in accordance with article 9a.
2022/11/10
Committee: IMCO
Amendment 499 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 3 b (new)
3 b. The Commission shall develop and implement measures to support safe participatory collection of independent data on human rights violations, good governance and environmental and climate damages and to undertake necessary actions for the data to be considered.
2022/11/10
Committee: IMCO
Amendment 501 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 4
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, mayshall issue guidance for assessing the fitness of industry schemes and multi-stakeholder initiatives. The criteria for assessing the fitness of an industry scheme shall include the inclusion of the perspectives of civil society in audits and the steering of the standards and grievance mechanisms. Reliance on industry schemes and multi-stakeholder initiatives shall not absolve the company of its individual responsibility and obligations to perform due diligence and prevent it from being held liable under article 22 of this Directive.
2022/11/10
Committee: IMCO
Amendment 505 #

2022/0051(COD)

Proposal for a directive
Article 14 – paragraph 3
3. The Commission may complementand Member States support measures building on existing Union action to support due diligence in the Unhall develop cooperation and partnership mechanisms with third countries to address the root causes of human rights violations and in third countries and mayenvironmental harms, devise new measures, including facilitation of joint stakeholder initiatives, to build the capacity of upstream economic actors to help companies fulfil their obligations.
2022/11/10
Committee: DEVE
Amendment 514 #

2022/0051(COD)

Proposal for a directive
Article 17 – paragraph 6
6. By the date indicated in Article 30(1), point (a), Member States shall inform the Commission of the names and contact details of the supervisory authorities and, when applicable, the respective competences of those authorities designated pursuant to this Article, as well as of their respective competence where there are several designated supervisory authorities. They shall inform the Commission of any changes thereto.
2022/11/10
Committee: IMCO
Amendment 515 #

2022/0051(COD)

Proposal for a directive
Article 17 – paragraph 7 a (new)
7 a. Member States shall ensure that supervisory authorities have the appropriate qualification, experience and skills in relation to human rights, environment and climate to perform their duties and exercise it's powers.
2022/11/10
Committee: IMCO
Amendment 516 #

2022/0051(COD)

Proposal for a directive
Article 17 – paragraph 8 a (new)
8 a. Member States shall ensure that supervisory authorities publish and make available an annual report detailing their past activities, future work plan and priorities. This includes reporting on closed investigations and their results, potential sanctions or other decisions on investigations.
2022/11/10
Committee: IMCO
Amendment 518 #

2022/0051(COD)

Proposal for a directive
Article 18 – paragraph 1
1. Member States shall ensure that the supervisory authorities have adequate powers and resources to carry out the tasks assigned to them under this Directive, including the power to request information and carry out investigaire undertakings to provide all necessary information and carry out investigations, which can include where appropriate on site inspections related to compliance with the obligations set out in this Directive.
2022/11/10
Committee: IMCO
Amendment 523 #

2022/0051(COD)

Proposal for a directive
Article 18 – paragraph 4 – subparagraph 2
Taking remedial action does not preclude the imposition of administrative sanctions or the triggering of civil liability including in case of damages, orin accordance with Articles 20 and 22, respectively.
2022/11/10
Committee: IMCO
Amendment 524 #

2022/0051(COD)

Proposal for a directive
Article 18 – paragraph 5 – point c
(c) to adopt interim measures to avoid the risk of severe andor irreparable harm.
2022/11/10
Committee: IMCO
Amendment 526 #

2022/0051(COD)

Proposal for a directive
Article 18 – paragraph 7 a (new)
7 a. Member States shall ensure that decisions of supervisory authorities regarding a company’s compliance with the Directive shall be without prejudice to the company’s civil liability under Article 22.
2022/11/10
Committee: IMCO
Amendment 528 #

2022/0051(COD)

Proposal for a directive
Article 19 – paragraph 1 a (new)
1 a. Member States shall ensure that, where the natural and legal persons submitting substantiated concerns so requests, the supervisory authority shall take the necessary measures for the appropriate protection of the identity of that person and for the appropriate protection of any other information in respect of which that person considers that the disclosure of such information would be harmful.
2022/11/10
Committee: IMCO
Amendment 529 #

2022/0051(COD)

Proposal for a directive
Article 19 – paragraph 1 b (new)
1 b. Member States shall ensure that the supervisory authority inform the person referred to in paragraph 1 how it intends to follow up on the submission of the substantiated concern. Such information shall be provided within a reasonable period of time after its supervisory authority considers that there are insufficient grounds for acting on a substantiated concern, it shall inform the person of make available to the person all information regarding the measures taken, documentation or other evidence put forward by the company to the supervisory authority in response of the initial substantiated concern. Supervisory authorities shall also ensure that the person which had submitted the initial concern can provide additional information in response to the company's evidence.
2022/11/10
Committee: IMCO
Amendment 530 #

2022/0051(COD)

Proposal for a directive
Article 19 – paragraph 1 c (new)
1 c. Member States shall ensure that, where an supervisory authority considers that there are sufficient grounds for acting on a substantiated concern, it shall initiate, conduct and conclude an investigation of the concern within a reasonable period of time.
2022/11/10
Committee: IMCO
Amendment 531 #

2022/0051(COD)

Proposal for a directive
Article 19 – paragraph 2
2. Where the substantiated concern falls under the competence of another supervisory authority, the authority receiving the concern shall transmit it to that authority and inform the person referred to in paragraph 1.
2022/11/10
Committee: IMCO
Amendment 533 #

2022/0051(COD)

Proposal for a directive
Article 19 – paragraph 3
3. Member States shall ensure that supervisory authoritiese independence and impartiality of supervisory authorities and that they thoroughly assess the substantiated concerns and, where appropriate, exercise their powers as referred to in Article 18.
2022/11/10
Committee: IMCO
Amendment 534 #

2022/0051(COD)

Proposal for a directive
Article 19 – paragraph 4
4. The supervisory authority shall, as soon as possible and in accordance with the relevant provisions of national law and in compliance with Union law, inform the person referred to in paragraph 1 of the result of the assessment of their substantiated concern and shall provide the reasoning for itof its decisions to accede to or refuse the request for action, and shall provide the reasoning for it and the results of any investigative steps subsequently taken.
2022/11/10
Committee: IMCO
Amendment 536 #

2022/0051(COD)

(1) Member States shall ensure that Supervisory Authorities establish easily accessible channels for receiving substantiated concerns. Such systems should be made available in relevant languages and at no cost.
2022/11/10
Committee: IMCO
Amendment 538 #

2022/0051(COD)

Proposal for a directive
Article 19 – paragraph 5 a (new)
5 a. Any such procedure shall be fair, equitable, timely and not prohibitively expensive as well as provide adequate and effective remedies. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.
2022/11/10
Committee: IMCO
Amendment 544 #

2022/0051(COD)

Proposal for a directive
Article 20 – paragraph 2 a (new)
2 a. Sanctions shall include pecuniary sanctions, the temporary or indefinite exclusion from on-going or future procurement procedures or from the receipt of State aid, and the seizure of commodities, public support schemes including schemes relying on export credit agencies and loans, and permits under export control schemes. Any sanction adopted shall be made public.
2022/11/10
Committee: IMCO
Amendment 553 #

2022/0051(COD)

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
The Commission shall set up a European Network of Supervisory Authorities, composed of representatives of the supervisory authorities. The Network shall facilitate the cooperation of the supervisory authorities and the coordination and alignment of regulatory, investigative, sanctioning and supervisory practices of the supervisory authorities and, as appropriate, sharing of information among them.as well as ensuring the regular public disclosure of the activities of the Network.
2022/11/10
Committee: IMCO
Amendment 579 #

2022/0051(COD)

Proposal for a directive
Article 23 – paragraph 1 a (new)
Member States shall take the necessary measures to ensure that all stakeholder engagement procedures, and in particular those set in place to raise complaints or concerns, shall allow the confidentiality of those concerns, as well as the anonymity and safety and physical and legal integrity of all stakeholders and complainants, including human rights and environmental defenders. In the event that such procedures concern whistleblowers, those procedures should be in line with Directive (EU) 2019/1937 of the European Parliament and of the Council.
2022/11/10
Committee: DEVE
Amendment 587 #

2022/0051(COD)

Proposal for a directive
Article 24 – title
24 Public support and public procurement
2022/11/10
Committee: IMCO
Amendment 588 #

2022/0051(COD)

Proposal for a directive
Article 24 – paragraph 1 a (new)
In accordance with Article 18(2) of Directive 2014/24/EU, Article 36(2) of Directive 2014/25/EU and Article 30(3) of Directive 2014/23/EU, Member States shall take the necessary measures to ensure that throughout all stages of applying for public procurement or concessions as well as in the performance of public procurement or concession contracts companies comply with the obligations laid down in national provisions adopted pursuant to this Directive. Necessary measures shall include but shall not be limited to the requirement for companies to prove compliance with the obligations laid down under this Directive by submitting evidence and supporting documents.
2022/11/10
Committee: IMCO
Amendment 594 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – point 2
2. Violation of the right to life and securityself- determination in accordance with common Article 31 of the Universal Declaration on Human rInternational Covenant on Civil and Political Rights and of the International Covenant on Economic, Social and Cultural Rights;
2022/11/10
Committee: DEVE
Amendment 595 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – point 7
7. Violation of the right to enjoy just and favourable conditions of work including a fair wage, a decent living, safe and healthy working conditions and reasonable limitation of working hours in accordance with Article 7 of the International Covenant on Economic, Social and Cultural Rights and Article 23.3 and 25.1. of the Universal Declaration of Human Rights;
2022/11/10
Committee: DEVE
Amendment 596 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – point 7 a (new)
7 a. Violation of the right to an adequate standard of living for oneself and her/his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions in accordance with Article 11.1 of the International Covenant on Economic, Social and Cultural Rights and Article 25.1 of the Universal Declaration of Human Rights;
2022/11/10
Committee: DEVE
Amendment 596 #

2022/0051(COD)

Proposal for a directive
Article 26 – title
26 Setting up and overseeing due diligence obligations and plans
2022/11/10
Committee: IMCO
Amendment 597 #

2022/0051(COD)

Proposal for a directive
Article 26 – paragraph 1
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 and implementing actions under Article 15, with due consideration for relevant input from stakeholders and civil society organisations. The directors shall regularly report to the board of directors in that respeand discuss progress in mitigating adverse human rights, environmental and climate adverse impact.s
2022/11/10
Committee: IMCO
Amendment 598 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – point 17
17. Violation of the prohibition of withholding an adequate living wage in accordance with Article 7 of the International Covenant on Economic, Social and Cultural Rights; and to obstruct the ability of persons to earn a living income in accordance with Article 11 of the International Covenant on Economic, Social and Cultural Rights and Article 25 of the Universal Declaration of Human Rights.
2022/11/10
Committee: DEVE
Amendment 598 #

2022/0051(COD)

Proposal for a directive
Article 26 – paragraph 2
2. Member States shall ensure that directors take steps to adapt the corporate strategy and their business model 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 and Article 15.
2022/11/10
Committee: IMCO
Amendment 599 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – point 18 – paragraph 1
in accordance with Article 3 of the Universal Declaration of Human Rights, Article 5 of the International Covenant on Civil and Political Rights and Article 12 of the International Covenant on Economic, Social and Cultural Rights, and the right to a clean, healthy and sustainable environment environment;
2022/11/10
Committee: DEVE
Amendment 599 #

2022/0051(COD)

Proposal for a directive
Article 29 – title
Review and report
2022/11/10
Committee: IMCO
Amendment 600 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 75 years after the date of entry into force of this Directive] and every 3 years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive. This report shall be accompanied, if appropriate, by legislative proposals. The report shall evaluate the effectiveness of this Directive in reaching its objectives and assess the following issues:
2022/11/10
Committee: IMCO
Amendment 601 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – point 20 a (new)
20 a. Violation of the indigenous peoples’ right to give, modify, withhold or withdraw their free, prior, and informed consent to interventions, decisions and activities that may affect their lands, territories, resources and rights, in accordance with Article 10, 11 (2), 19, 28, 29 (2), 32 (2), of the United Nations Declaration on the Rights of Indigenous Peoples and Article 6 and 16 (2) of ILO Convention 169 on Indigenous and Tribal Peoples;
2022/11/10
Committee: DEVE
Amendment 601 #

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 lowered; the impact of this Directive on SMEs, accompanied by an account and assessment of the effectiveness of the different measures and tools for support provided to SMEs by the Commission and Member States
2022/11/10
Committee: IMCO
Amendment 602 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point b
(b) whether the list of sectors in Article 2(1)3, point (bca), needs to be chexpangded, including in order to align it to guidance from the Organisation for Economic Cooperation and Development;
2022/11/10
Committee: IMCO
Amendment 603 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – point 21 a (new)
21 a. In conflict affected areas, violations of international humanitarian law as laid out notably in the Geneva Conventions and the additional protocols.
2022/11/10
Committee: DEVE
Amendment 603 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point b a (new)
(b a) the effectiveness of the enforcement mechanisms put in place at national level and of the sanctions and procedures for civil liability in particular;
2022/11/10
Committee: IMCO
Amendment 604 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point b b (new)
(b b) the use and accessibility of complaints procedures and follow-up actions undertaken by companies and public authorities;
2022/11/10
Committee: IMCO
Amendment 605 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point b c (new)
(b c) the involvement of stakeholders throughout all due diligence processes;
2022/11/10
Committee: IMCO
Amendment 606 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point b d (new)
(b d) the convergence and divergence between Member States in national legislation following the implementation of this Directive;
2022/11/10
Committee: IMCO
Amendment 607 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – indent 10 a (new)
- The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas;
2022/11/10
Committee: DEVE
Amendment 607 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point c
(c) whether the Annex needs to be modifiexpanded or updated, including in light of international developments
2022/11/10
Committee: IMCO
Amendment 608 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point d
(d) whether Articles 4 to 14 should be extended to adverse climatditional adverse impacts.
2022/11/10
Committee: IMCO
Amendment 612 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – indent 14 a (new)
- The International Labor Organisation’s Convention on Indigenous and Tribal Peoples (no. 169) ;
2022/11/10
Committee: DEVE
Amendment 617 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – indent 23 a (new)
- The rights to a clean, healthy and sustainable environment (UN GA A/76/L.75)
2022/11/10
Committee: DEVE
Amendment 620 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – indent 23 b (new)
- The Rome Statute of the International Criminal Court;
2022/11/10
Committee: DEVE
Amendment 621 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – indent 23 c (new)
- The instruments and conventions of international humanitarian law, including the four Geneva Conventions of 1949 and their additional protocols;
2022/11/10
Committee: DEVE
Amendment 622 #

2022/0051(COD)

Proposal for a directive
Annex I – Part I – indent 23 d (new)
- The United Nations Convention against Corruption;
2022/11/10
Committee: DEVE
Amendment 623 #

2022/0051(COD)

Proposal for a directive
Annex I – Part II – subheading 1
violations of EU and internationally recognized objectives and prohibitions included in environmental conventionsand climate conventions and Union legislation
2022/11/10
Committee: DEVE
Amendment 5 #

2022/0021(COD)

Proposal for a regulation
Recital 4
(4) In the past years, the practices in the European standardisation organisations as regards their internal governance and decision-making procedures have changed. As a result, the European standardisation organisations have increased their co- operation with international and European stakeholders. Such cooperation is welcome as it contributes to the transparent, open, impartial and consensus-built standardisation process. However, when European standardisation organisations execute standardisation requests to support Union legislation and policies, unrestricted participation of any stakeholder in their internal decision-making may lead to decisions that do not entirely take into account the interests, policy objectives, and values of the Union as well as public interests in general. In order to prevent this scenario, the positions of European stakeholders should be duly reflected in the decisions of the European standardisation organisations and of the national standardisation bodies. Furthermore, the participation of legal entities which are not incorporated in the Member State concerned shall not amount to impede the adoption of any decision concerning European standards and European standardisation deliverables supported by the majority of all the other stakeholders participating in the national standardisation bodies.
2022/05/20
Committee: IMCO
Amendment 10 #

2022/0021(COD)

Proposal for a regulation
Recital 5
(5) National standardisation bodies play an essential role in the standardisation system, both, at the Union level, in accordance with Regulation (EU) No 1025/2012, and at the level of Member States. National standardisation bodies are therefore best placed to make sure that the interests, policy objectives and values of the Union as well as the views of all stakeholders, including SMEs, consumer organisations, environmental and social stakeholders, and public interests in general are duly taken into account in European standardisation organisations. It is therefore necessary to strengthen their role in decision-making bodies of the European standardisation organisations when those bodies take decisions concerning European standards and European standardisation deliverables requested by the Commission under Article 10(1) of Regulation (EU) No 1025/2012.
2022/05/20
Committee: IMCO
Amendment 19 #

2022/0021(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2
Regulation (EU) No 1025/2012
Article 10 – paragraph 2a a (new)
2a a. The decisions of the national standardisation bodies shall reflect the outcome of the consultation and the consensus-building process with all stakeholders, taking in due account the positions of stakeholders and legal entities incorporated in the territory of the Member State concerned.
2022/05/20
Committee: IMCO
Amendment 3 #

2021/2213(INI)

Motion for a resolution
Recital B
B. whereas the multiplication of crises such as the global consequences of the climate change, the COVID-19 pandemic and the Russian war of aggression against Ukraine, which worsened food crisis in the world, call for the forging of stronger alliances and more effective partnerships which deliver tangible results in order to better address emerging needs and global challenges;
2024/02/05
Committee: DEVE
Amendment 9 #

2021/2213(INI)

Motion for a resolution
Recital E
E. whereas the Global Gateway strategy aims to increase the EU’s geopolitical influence in the global arena by providing a value-based offer to the partner countries, within the framework offocus on the EU’s geopolitical objectives should not imply diversion from the UN 2030 Agenda for Sustainable Development and its SDGs;
2024/02/05
Committee: DEVE
Amendment 13 #

2021/2213(INI)

Motion for a resolution
Paragraph 3
3. Call for the swift and comprehensive implementation of the agreement, as there is an urgent need to strengthen multilateral cooperation in the face of growing geopolitical instability and competition and unprecedented global challenges, such as addressing climate change and biodiversity loss, fighting against hunger and for food sovereignty and eradicating poverty ;
2024/02/05
Committee: DEVE
Amendment 22 #

2021/2213(INI)

Motion for a resolution
Paragraph 5
5. Reiterates the importance of political dialogue as an integral part of the partnership; stresses that political dialogue is based on a level of full equality between countries, without imposing unilateral alignment with the positions of the EU on external policies;
2024/02/05
Committee: DEVE
Amendment 31 #

2021/2213(INI)

Motion for a resolution
Paragraph 10
10. Welcomes the commitment to protect, promote and fulfil human rights, fundamental freedoms and democratic principles and to strengthen the rule of law and good governance; further welcomes the commitment to promote universal human rights without discrimination based on any grounds; regrets, however, the fact that the agreement fails to mention explicitly that discrimination could be based on sexual orientation or gender identity;
2024/02/05
Committee: DEVE
Amendment 38 #

2021/2213(INI)

Motion for a resolution
Paragraph 12
12. Calls for the swift operationalisation of the ‘EU Global Health Strategy’ in ACP countries; recalls that the Doha Declaration on the TRIPS Agreement and Public Health affirms the right of developing countries to use the flexibility provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights to protect public health and, in particular, provide access to medicines for all; urges the EU to support third countries, in particular LDCs, in the effective implementation of flexibilities for the protection of public health provided for in TRIPs agreements, such as compulsory licencing and parallel import, in order to remedy abusive use of IP protections that lead to monopolistic positions of patent holders; recalls that ecological restoration is critical for the implementation of the ‘One Health’ approach;
2024/02/05
Committee: DEVE
Amendment 42 #

2021/2213(INI)

Motion for a resolution
Paragraph 13
13. Underlines that particular attention should be paid to the provisions on food security and improved nutrition, given the global rise in food insecurity, malnutrition and hunger; is worried with the high dependence of African states on food imports from the EU, particularly subsidised products that represent harmful competition for small-scale local agriculture and calls on the EU to put an end to these export subsidies, in line with its Policy Coherence for Development commitments; stresses the necessity to securing access to land for smallholder farmers who have a crucial role in protecting natural resources and making the agro-ecological transition;
2024/02/05
Committee: DEVE
Amendment 48 #

2021/2213(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the fact that gender equality and women’s economic empowerment are recognised as key drivers for sustainable development; supports the commitments to sexual and reproductive health and rights (SRHR) and must be mainstreamed throughout the implementation of the Samoa Agreement; supports the commitments to sexual and reproductive health and rights (SRHR) for all people, especially girls and young women; calls for the EU institutions to speed up the implementation of the Gender Action Plan III in ACP countries;
2024/02/05
Committee: DEVE
Amendment 54 #

2021/2213(INI)

Motion for a resolution
Paragraph 16
16. Supports the objective to mobilise investment, and support trade and foster private sector development, with a view to achieving sustainable and inclusive growth and creating decent jobs for all; stresses, in this context, that a strong link will have to be established between the agreement and the Global Gateway initiativeblended finance, promoted by the EU in the Global Gateway initiative must be excluded from essential public services, particularly health, education and social protection, as the monetisation of those sectors could widen already existing inequalities and jeopardise the universal access to those services;
2024/02/05
Committee: DEVE
Amendment 58 #

2021/2213(INI)

Motion for a resolution
Paragraph 17
17. Is of the opinion that the Samoa Agreement can contribute to theshall ensure that trade and investment policy objectives of the EU and OCAPS countriesrespect the EU ’s Policy Coherence for Development legal obligations and take full account of OCAPS countries needs; reiterates its request for an in-depth analysis of the impact of EPAs on local economies, regional integration, economic diversification and their compliance with the SDGs and the principle of Policy Coherence for Development;
2024/02/05
Committee: DEVE
Amendment 62 #

2021/2213(INI)

Motion for a resolution
Paragraph 18
18. Welcomes the commitment to cooperate in order to strengthen energy security and increase access to energy in ACP countries and calls to be in line with the UN 2030 Agenda for Sustainable Development and the Sustainable Development Goals (SDGs), the Paris Agreement and the right of local communities and indigenous peoples of free, prior, and informed consent;
2024/02/05
Committee: DEVE
Amendment 66 #

2021/2213(INI)

Motion for a resolution
Paragraph 19
19. Stresses the urgency of tackling global environmental challenges and of focusing on the effective implementation of the Paris Agreement on Climate Change, especially by strengthening cooperation on resilience in the face of natural disasters and adaptation to climate change and contributing to the Loss and Damage Fund; highlights the conclusions of the IPCC 2022 report according to which global warming will progressively weaken soil health and ecosystem services, undermining food productivity in many regions on land and in the oceans;
2024/02/05
Committee: DEVE
Amendment 71 #

2021/2213(INI)

Motion for a resolution
Paragraph 19 a (new)
19 a. Calls for an integrated approach to conflicts and crisis linking humanitarian, development, peace and security efforts at all stages of a conflict cycle; insists to address human security more holistically and to include all economic, social, environmental and political factors in conflict analysis;
2024/02/05
Committee: DEVE
Amendment 75 #

2021/2213(INI)

Motion for a resolution
Paragraph 20
20. Recognises the need to enhance cooperation on migration and mobility, including addressing the root causes of irregular migration and forced displacements, as well as; calls to prioritise actions intended to facilitate legal pathways for migration, reduce the costs of remittance, develop measures against racism and xenophobia, improve the comparability of all qualifications, address the nexus between migration, climate change and environmental degradation, and integrate a gender-equality dimension into migration governance; reiterates that making aid allocation conditional on cooperation with the EU on migration issues is not compatible with agreed development effectiveness principles;
2024/02/05
Committee: DEVE
Amendment 86 #

2021/2213(INI)

Motion for a resolution
Paragraph 22
22. Stresses the importance of ensuring development effectiveness and results; believes that the implementation of the agreement requires substantial and sustainable mobilisation of financial resources; welcomes, therefore, the recognition that the means of cooperation should be diversified, encompassing a range of policies and instruments from all available sources and actors; recalls that according to various studies, there is very weak evidence of the development impacts of blending mechanisms, which are pointing out for their lack of transparency and accountability;
2024/02/05
Committee: DEVE
Amendment 97 #

2021/2213(INI)

Motion for a resolution
Paragraph 29
29. Welcomes the commitment to promote a multi-stakeholder approach, enabling the active engagement of a wide variety of actors, including parliaments, local authorities, civil society and the private sector, women and youth; calls for this commitment to be rapidly translated into practice, which will necessitate the creation of an open and transparent mechanism for structured consultation in order to ensure the effective participation of stakeholdea civil society systematic participation through structured dialogue and consultation with EU and OACPS countries civil society actors;
2024/02/05
Committee: DEVE
Amendment 60 #

2021/0291(COD)

Proposal for a directive
Recital 1
(1) One of the objectives of Directive 2014/53/EU of the European Parliament and of the Council11 is to guarantee the proper functioning of the internal market. Pursuant to Article 3(3), point (a), of that Directive, one of the essential requirements that radio equipment must fulfil is that it interoperates with accessories, in particular with common chargers. In that respect, recital (12) of Directive 2014/53/EU indicates that the interoperability between radio equipment and accessories such as chargers simplifies the use of radio equipment and reduces unnecessary waste and costs and that developing a common charger for certain categories or classes of radio equipment is necessary, particularly for the benefit of consumers. This is also in line with the goals of the European Green Deal and should therefore be achieved. __________________ 11 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).
2022/02/21
Committee: IMCO
Amendment 62 #

2021/0291(COD)

Proposal for a directive
Recital 2
(2) Since 2009, efforts have been deployed at Union level to limit the fragmentation of the charging interfaces for mobile phones and similar items of radio equipment. Recent voluntary initiatives do not fully meet Union policy objectives to reduce electronic waste (e-wasNevertheless, the single market is not exploiting its full potential and the continuing fragmentation of the market for chargers and charging interfaces for mobile phones and other categories or classes of radio equipment translates into an increase in electronic waste (e-waste) and consumer frustration. Recent voluntary initiatives have proved unsuccessful to meet Union policy objectives to reduce e-waste, ensure consumer convenience and avoid fragmentation of the market for charging devices. To date), ensure consumer convenience and avoid fragmentation of the market for charging devicethere are no voluntary commitments or binding requirements on common chargers or charging interfaces for mobile phones or other similar portable devices. A comprehensive approach at Union level is needed to address the risks related to the continued market fragmentation, to minimise the environmental impact of portable product chargers and to empower consumers by providing them with a sustainable choice when buying such products.
2022/02/21
Committee: IMCO
Amendment 67 #

2021/0291(COD)

Proposal for a directive
Recital 2 a (new)
(2a) In January 2020, the European Parliament adopted a resolution on a common charger for mobile radio equipment stressing the urgent need for Union regulatory action for a common charger for mobile phones and other small and medium-sized radio equipment devices in order to reduce e-waste, empower consumers to make sustainable choices, and allow consumers to participate fully in an efficient and well- functioning internal market. The resolution also highlights the importance of research and innovation in this domain to improve existing technologies and come up with new ones and the need for a regular scrutiny of the legislative framework for a common charger in order to take into account technical progress.
2022/02/21
Committee: IMCO
Amendment 69 #

2021/0291(COD)

Proposal for a directive
Recital 3
(3) The Union is committed to boosting the efficient use of resources and to reduce the environmental and resource footprint of Union production and consumption by moving to a clean, circular economy through the introduction of initiatives such as Directive 2012/19/EU of the European Parliament and of the Council12 and more recently through the introduction of the European Green Deal. This Directive aims to reduce the e-waste generated by the sale of radio equipment and to reduce the extraction of raw materials and the CO2 emissions generated by the production, transportation and disposal of chargers, thereby promoting a circular economy. __________________ 12 Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p. 38).
2022/02/21
Committee: IMCO
Amendment 70 #

2021/0291(COD)

Proposal for a directive
Recital 4
(4) The Commission’s Circular Economy Action Plan provided for initiatives along the entire life cycle of products, targeting their design, promoting circular economy processes through resource efficiency, zero pollution and waste prevention as key priorities, fostering sustainable consumption, and aiming to ensure that the resources used are kept in the Union economy for as long as possible.
2022/02/21
Committee: IMCO
Amendment 71 #

2021/0291(COD)

Proposal for a directive
Recital 5
(5) The Commission completed an impact assessment study, which has shownconfirmed that the internal market is not exploiting its full potential as continuing fragmentation of the market for charging interfaces and charging communication protocols for mobile phones and other similar radio equipment results in a lack of consumer convenience and an increase in e-waste.
2022/02/21
Committee: IMCO
Amendment 74 #

2021/0291(COD)

Proposal for a directive
Recital 6
(6) The interoperability between radio equipment and accessories such as chargers is hampered as there are different charging interfaces for certain categories or classes of radio equipment that use wired charging such as handheld mobile phones, tablets, digital cameras, headphones or headsets, handheld videogame consoles and portable speakers. In addition, there are several types of fast charging communication protocols for which a minimum level of performance is not always guaranteed. As a result, Union action is required to promote a common degree of interoperability, minimum power delivery, a common fast charging functionality and the provision of information relating to the charging characteristics of radio equipment to end- users so that they are adequately informed about the negative impact of unnecessary chargers. It is therefore necessary to introduce suitable requirements in Directive 2014/53/EU regarding the charging communication protocols, the charging interface (i.e. charging receptacle) of certain categories or classes of radio equipment operating with power delivery up to 100 Watts, as well as the information to be provided to end-users regarding the charging characteristics of those categories or classes of radio equipment, such as information about the minimum and maximum wattage range at the maximum charging speed, so that end-users can easily understand which chargers they can use with which radio equipment device.
2022/02/21
Committee: IMCO
Amendment 83 #

2021/0291(COD)

Proposal for a directive
Recital 9
(9) It is therefore necessary to harmonise the charging interface and charging communication protocols for specific categories or classes of radio equipment that are recharged via wired charging. It is also necessary to provide the basis for adaption, review and modification of the current rules to any future technological progress by introducing a harmonisation ofand to other developments that may have an impact on consumer convenience, environmental benefits and to the degree of fragmentation of the charging interfaces and charging communication protocols. It is also necessary to harmonise the charging interfaces and the charging communication protocols with respect to radio equipment that may be charged via any means other than wired charging including charging via radio waves (wireless charging) by 31 December 2025. Such harmonisation should reduce environmental waste, ensure consumer convenience and avoidensure that the wireless charging technology or any other technology that uses other means than wired charging is at least equally energy efficient and safe as a wired solution and that it is interoperable and capable of quickly charging different categories or classes of radio equipment. Such a harmonised approach would help reducing environmental waste, ensure consumer convenience and avoid lock-in effects with proprietary charging solutions as well as fragmentation of the market among different charging interfaces and charging communication protocols as well as among any initiatives at national level, which might cause barriers to trade in the internal market.
2022/02/21
Committee: IMCO
Amendment 90 #

2021/0291(COD)

Proposal for a directive
Recital 10
(10) Such harmonisation would be however incomplete, if it is not combined with requirements regarding the combined sale of radio equipment and their chargers and information to be provided to end-userscharging devices and cables are systematically sold to end- users with each electronic device. The most effective way to ensure a concrete reduction in environmental impacts and an actual increase in consumer savings is to establish that radio equipment should only be sold to end-users without charging devices and cables. Such measure should be combined with mandatory information to be provided to end-users before the sale of the product, including when the product is sold online. The mandatory unbundling should not be financially detrimental to end-users, and any discriminatory, disproportionate or unfair marketing practice resulting in unnecessary costs and burden for end- users should be monitored and reported by the Commission. A fragmentation of approaches among the Member States with respect to the marketing of the categories or classes of radio equipment concerned and their charging devices would hamper the cross-border trade in those products, for example by obliging economic operators to repackage their products depending on the Member State, in which the products are to be supplied. This would in turn result in increased inconvenience for consumers and would generate unnecessary e-waste thus offsetting the benefits derived from the harmonisation of the charging interface and charging communication protocol. It is therefore necessary to impose requirements to ensure that end-users are not obliged to purchase a new charging device with each purchase of a new mobile phone or similar item of radio equipment. To ensure the effectiveness of suchTo ensure the effectiveness of the unbundling requirements, end-users should receive the necessary information regarding the charging characteristics when purchasing a mobile phone or similar item of radio equipment.
2022/02/21
Committee: IMCO
Amendment 99 #

2021/0291(COD)

Proposal for a directive
Recital 13
(13) With respect to charging by means other thanThe latest technological trends reflect the shift from wired charging to charging by other means, such as different wireless charging technologies, which entail many potential benefits for consumers and the environment such as mitigating e-waste, but also shortcomings, because wireless charging technologies perform less efficiently than wired charging. It should be considered that no standardised test method exists to evaluate and effectively compare the efficiency of wireless charging. Many mobile phones and other categories or classes of radio equipment already use different wiredless charging, methods, and divergent solutions may be developed in the future, which may have negative impacts on interoperability, consumer convenience and the environment. Whilst it is premature to impose specific requirements on such solutions at this stage, the Commission should be able to tait is necessary to avoid any future fragmentation in this area or risk of lock-in effect with proprietary charging solutions for wireless charging technologies, which may jeopardise the goals of the common charger initiative. To this end, harmonised standards to evaluate and effectively compare the efficiency of different wireless charging technologies and to harmonise charging interfaces and fast charging protocols for wireless charging are needed to ensure the proper functioning of the internal market action towards harmonising them in the future, if fragmentation on the internal market is observednd the application of this Directive. The Commission should therefore take measures towards harmonising such wireless technologies based on voluntary harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council for the purpose of drawing up detailed technical specifications for improving the energy efficiency and the interoperability of those technologies. The Commission should therefore issue standardisation requests to the European standardisation organisations by 2025.
2022/02/21
Committee: IMCO
Amendment 105 #

2021/0291(COD)

Proposal for a directive
Recital 13 a (new)
(13a) In the absence of harmonised standards for interoperability of charging interface and fast charging protocols for wireless charging, and whenever needed for internal market harmonisation purposes, the Commission should be able to adopt the most appropriate technical specification, based on the degree of technical progress and on considerations of consumer convenience and environmental benefits. For instance, the Commission should be able to adopt technical specifications when the standardisation process is blocked due to a lack of consensus between stakeholders or where there are undue delays in the establishment of a harmonised standard, for example because the required quality is not reached. The Commission should not be allowed to adopt a technical specification if it has not previously tried to have the wireless requirements covered through the European standardisation system, except where the Commission can demonstrate that the technical specifications comply with the requirements laid down in Annex II to Regulation (EU) No 1025/2012. With a view to establishing such a standard in the most efficient way, the Commission should also fully involve the Commission Expert Group on Radio Equipment throughout the process of adaption and harmonisation.
2022/02/21
Committee: IMCO
Amendment 106 #

2021/0291(COD)

Proposal for a directive
Recital 13 b (new)
(13b) In order to ensure coherence between the provisions of this Directive and other relevant provisions covering radio equipment, it is important to clarify that the provisions of this Directive apply to all end-users including consumers. The applicable definition of ‘end-user’ is laid down in Article 3(21) of Regulation (EU) 2019/1020 and it explicitly indicates that consumers are a particular category of end-users.
2022/02/21
Committee: IMCO
Amendment 108 #

2021/0291(COD)

Proposal for a directive
Recital 16
(16) Article 10(8) of Directive 2014/53/EU provides for information to be included in the instructions for use and so additional information requirements should be inserted in that Article. The details of the new requirements should be specified in the new annex to Directive 2014/53/EU. Those mandatory information requirements would enable consumers to determine the most appropriate external power supply (EPS) needed to charge their radio equipment. It should be possible to adapt those requirements in the future in order to reflect any changes to the labelling requirements for EPS, which may be introduced under Directive 2009/125/EC of the European Parliament and of the Council14 end-users to improve their understanding of the negative environmental impact of unnecessary chargers and of the differences between the available chargers on the market. An easily legible, accessible and understandable label should indicate the information on the charging capabilities and compatible chargers that should allow consumers to determine the most appropriate external power supply (EPS) needed to charge their radio equipment. The label with the information on the charging capabilities and compatible chargers should also be displayed on the instructions for use, which accompany the radio equipment, in order to give end-users a further reference. It should be possible to adapt those requirements in the future in order to reflect any changes to the labelling requirements for EPS, which may be introduced under Directive 2009/125/EC of the European Parliament and of the Council14 . The information obligations should be applicable to manufacturers, importers, distributors and where applicable, authorised representatives, as long as they supply the radio equipment directly to end-users, and should be adapted accordingly in the revision of the Union framework regulating the ecodesign requirements. __________________ 14 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
2022/02/21
Committee: IMCO
Amendment 110 #

2021/0291(COD)

Proposal for a directive
Recital 16 a (new)
(16a) Certain elements of the information referred to in Article 10(8) of Directive 2014/53/EU should also be provided by means of a dedicated graphic, the details of which should be specified in the annex to this Directive. The graphic should consist of visual elements that can easily enable end-users, including end- users with disabilities, to determine before the purchase of the product whether or not a charging device is included with the radio equipment and inform them about the minimum and the maximum power required to charge the radio equipment at the maximum charging speed. The graphic should be placed in a prominent position on the end-user packaging in order to be clearly visible to end-users before the purchase, including where the purchase is made online. In the absence of a packaging, the label should be attached on the radio equipment. The information obligations should be applicable to manufacturers, importers, distributors and where applicable, authorised representatives, as long as they supply the radio equipment directly to end-users, and should be adapted accordingly in the revision of the Union framework regulating the ecodesign requirements.
2022/02/21
Committee: IMCO
Amendment 111 #

2021/0291(COD)

Proposal for a directive
Recital 18
(18) Articles 40, 43 and 44 of Directive 2014/53/EU should be amended in order to adapt the references that they contain to the new provisions that are introduced by this Directive. It is important to ensure that national market surveillance authorities have adequate human, financial and technical resources to effectively enforce the new requirements inserted in Articles 3 and 3a and Article 10(8) of Directive 2014/53/EU and to avoid divergent interpretations among market surveillance authorities. During the first five years following the date of application of this Directive, it is therefore essential that the Union finance market surveillance campaigns and associated activities relating to radio equipment falling within the scope of Article 3(4), Article 3a and Article 10(8) of Directive 2014/53/EU. It is essential that Member States conduct market surveillance activities on the information obligations of economic operators, especially at the beginning of the applicability of the new rules. It is important that specific funding is provided for in relation to those activities, taking into account the fact that there are currently many unsafe chargers available on the market. Therefore, the carrying out of strong market surveillance activities about the safety of the chargers is of high importance.
2022/02/21
Committee: IMCO
Amendment 115 #

2021/0291(COD)

Proposal for a directive
Recital 19
(19) In order to address any future developments in charging technology such as the emergence of new categories or classes of radio equipment, increase in voltage power or charging technologies and to ensure the minimum common interoperability between radio equipment and the charging devices for such radio equipment and harmonise wireless technologies, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the categories or classes of radio equipment and the specifications regarding the charging interfaces and charging communication protocols, as well as the details on the information for each of them, as well as the additional and future details on the information, graphic and labelling requirements in relation to charging. 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 Inter- institutional Agreement on Better Law- Making of 13 April 201615 . 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. __________________ 15 OJ L 123, 12.5.2016, p. 1.
2022/02/21
Committee: IMCO
Amendment 119 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)
Directive 2014/53/EU
Article 3 – paragraph 3 – subparagraph 2
(aa) paragraph 3, second subparagraph, is replaced by the following: ‘The Commission shall be empowered to adopt delegated acts in accordance with Article 44 specifying which categories or classes of radio equipment are concerned by each of the requirements set out in points (a) to (i) of the first subparagraph of this paragraph. With respect to radio equipment referred to in point (a) of this paragraph, the Commission shall adopt a delegated act in accordance with Article 44, by 31 December 2027, with a view to ensuring its application by 1 January 2029, concerning the identification and the setting of harmonised standards and technical specifications, including references and descriptions, in relation to the charging receptacles and charging communication protocols, for rechargeable radio equipment, other than for the categories or classes of radio equipment, specified in Annex Ia, Part I in so far as they are capable of being recharged via wired charging.´
2022/02/21
Committee: IMCO
Amendment 123 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 1
Radio equipment falling within the categories or classes specified in Annex Ia, Part I shall be so constructed that it complies with the specifications on charging capabilities set out in that Annex for the relevant category or class of radio equipment.
2022/02/21
Committee: IMCO
Amendment 125 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – introductory part
With respect to radio equipment referred to in Article 3(4) capable of being recharged via wired charging, the Commission is empowered to adopt delegated acts in accordance with Article 44 to amend Part I of Annex Ia in the light of technical progress, consumer convenience, environmental benefits, degree of fragmentation of the charging interfaces and charging communication protocols and to ensure the minimum common interoperability between radio equipment and their charging devices, by:
2022/02/21
Committee: IMCO
Amendment 128 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point a
(a) introducing, modifying, adding or removing categories or classes of radio equipment or power requirements;
2022/02/21
Committee: IMCO
Amendment 132 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 2 – point b
(b) introducing, modifying, adding or removing technical specifications, including references and descriptions, in relation to the charging receptacle(s), power requirements and charging communication protocol(s), for each category or class of radio equipment concerned.’
2022/02/21
Committee: IMCO
Amendment 137 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 – introductory part
With respect to radio equipment referred to in Article 3(4) capable of being recharged via means other than wired charging, the Commission is empowered to adopt delegated acts in accordance with Article 44, by 31 December 2025, in order to amend Part I of Annex Ia in the light of technical progress, consumer convenience, environmental benefits, degree of fragmentation of the market for charging interfaces and charging communication protocols, and to ensure the minimum common interoperability between radio equipment and their charging devices, by:
2022/02/21
Committee: IMCO
Amendment 144 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 – point b
(b) introducing, modifying, adding or removing harmonised standards, technical specifications, including references and descriptions, in relation to charging interface(s) and charging communication protocol(s), for each category or class of radio equipment concerned.’;
2022/02/21
Committee: IMCO
Amendment 146 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 a (new)
The Commission shall, in accordance with Article 10 of Regulation (EU) No 1025/2012, request one or more European standardisation organisations to draft harmonised standards for the categories of radio equipment falling within the scope of Article 3(4). The Commission shall submit the first draft request to the relevant committee by 31 December 2025.
2022/02/21
Committee: IMCO
Amendment 148 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 – subparagraph 3 b (new)
The Commission may adopt implementing acts establishing technical specifications for the categories of radio equipment set out in Annex Ia to this Directive where the following conditions have been fulfilled: (a) no reference to harmonised standards is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012; (b) the reference to harmonised standards is published in the Official Journal of the European Union, but the Commission determines, based on a technical assessment, that such standards do not result in consumer convenience, environmental benefits and reduced market fragmentation; and (c) either: (i) the Commission has requested one or more European standardisation organisations to draft a harmonised standard and there are undue delays in the standardisation procedure or the request has not been accepted by any European standardisation organisations; or (ii) the Commission can demonstrate that a technical specification complies with the requirements laid down in Annex II to Regulation (EU) No 1025/2012, except for the requirement that the technical specifications should have been developed by a non-profit making organisation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 45(3).
2022/02/21
Committee: IMCO
Amendment 149 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2014/53/EU
Article 3 – paragraph 4 a (new)
4a. The Commission shall regularly review the requirements referred to in Article 3(4) and, where appropriate, amend the delegated acts and implementing acts adopted in accordance with this Regulation in line with technical progress, and duly taking into account consumer convenience, environmental benefits and the degree of fragmentation of the market for charging interfaces and charging communication protocols.
2022/02/21
Committee: IMCO
Amendment 153 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2014/53/EU
Article 3 a – paragraph 1
Where an economic operator offers to end- users the possibility to acquire radio equipment falling within the scope of Article 3(4) together with a charging device, the end-user shall alsoonly be offered the possibility to acquire the radio equipment without any charging device or cable, and to purchase the charging device and cable separately.;
2022/02/21
Committee: IMCO
Amendment 159 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – introductory part
Directive 2014/53/EU
Article 10 – paragraph 8
(3) in Article 10(8), the following subparagraph iss are added:
2022/02/21
Committee: IMCO
Amendment 161 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3
RManufacturers, importers, distributors and, where applicable, authorised representatives shall ensure that radio equipment falling within the scope of Article 3(4) first subparagraph shall be accompanied by clear, understandable, accessible and accurate safety information and instructions, and by information on specifications relating to charging capabilities and to its charging device, as described in Annex Ia, Part II. The Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia, Part II, by introducing, modifying, adding or removing any details in relation to that information or the way that such information shall be indicated.;
2022/02/21
Committee: IMCO
Amendment 163 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3 a (new)
Manufacturers, importers, distributors and where applicable, authorised representatives shall ensure that radio equipment falling within the scope of Article 3(4) are accompanied by an easily legible, accessible and understandable graphic indicating whether or not a charging device is offered together with the radio equipment in accordance with the requirements set out in Annex Ia, Part III. The graphic shall be placed in a prominent position on the end-user packaging in order to be clearly visible to end-users before the purchase, including where the purchase is made online. In the absence of a packaging, the label shall be attached to the radio equipment. The Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia, Part III, by introducing, modifying, adding or removing any details to the graphic in relation to any future labelling requirements for external power supplies or charging cables or any relevant changes to Part I and II of that Annex.
2022/02/21
Committee: IMCO
Amendment 164 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2014/53/EU
Article 10 – paragraph 8 – subparagraph 3 b (new)
Manufacturers, importers, distributors and, where applicable, authorised representatives shall ensure that radio equipment falling with the scope of Article 3(4) are accompanied by an easily legible, accessible and understandable label to provide information on the charging capabilities of the specific radio equipment as set out in Annex Ia, Part IV. The label shall be placed in a prominent position on the end-user packaging in order to be clearly visible to end-users before the purchase, including where the purchase is made online. In the absence of a packaging, the label shall be attached to the radio equipment. The label shall also be displayed on the instructions for use that accompany the radio equipment. The Commission is empowered to adopt delegated acts in accordance with Article 44 in order to amend Annex Ia, Part IV, by introducing, modifying, adding or removing any details to the label in relation to any future labelling requirements for external power supplies or charging cables or any relevant changes to Parts I and II of that Annex, also taking into account the developments of the Union framework regulating the ecodesign requirements.
2022/02/21
Committee: IMCO
Amendment 165 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Directive 2014/53/EU
Article 40 – title
Procedure at national level for dealing with radio equipment presenting a risk or not in compliance with essential or information requirements;
2022/02/21
Committee: IMCO
Amendment 166 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Directive 2014/53/EU
Article 40 – paragraph 1– subparagraph 1
(b) in paragraph 1, first subparagraph, the words ‘or does not comply with at least one of the applicable essential requirements set out in Article 3 or Article 3a or with the information requirements set out in Article 10(8)’ are added after the words ‘public interest protection covered by this Directive’;
2022/02/21
Committee: IMCO
Amendment 167 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b a (new)
Directive 2014/53/EU
Article 40 – paragraph 5– point b a (new)
(ba) in paragraph 5, the following point is added: ‘(ba) When carrying out market surveillance of radio equipment falling within the scope of Article 3(4), the relevant market surveillance authorities shall perform specific checks about the economic operators’ obligations of information about the charging capabilities in Article 10(8) as well as checks about compliance with the applicable safety information and interoperability requirements, in line with Regulation 2019/1020´;
2022/02/21
Committee: IMCO
Amendment 171 #

2021/0291(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Directive 2014/53/EU
Article 47 – paragraph 2 a (new)
(7a) in Article 47, the following paragraph is added: '2a. The Commission shall monitor and review the application of this Directive in relation to new charging technologies and report thereon to the European Parliament and to the Council by 2025 and every three years thereafter. When carrying out the review, the Commission shall in particular evaluate the requirements set out in Article 3a and Article 10(8) and the progress on drawing up relevant European standards and technical specifications necessary to ensure that portable radio equipment interworks with wireless charging technologies. The Commission shall monitor any technological developments that can affect the specifications set out in Part I of Annex Ia, such as products covered, charging speed, power requirements, energy efficiency or emergence of new standards or technologies.’
2022/02/21
Committee: IMCO
Amendment 174 #

2021/0291(COD)

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by [OP please insert date – 12 months after adoption6 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
2022/02/21
Committee: IMCO
Amendment 177 #

2021/0291(COD)

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 2
They shall apply those provisions from [OP please insert date 126 months after the end of the transposition period indicated in the preceding subparagraph].
2022/02/21
Committee: IMCO
Amendment 180 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph –1 (new)
Categories or classes of radio equipment operating with power delivery of up to 100W falling under the scope of this Directive: – hand-held mobile phones, – tablets, e-readers, laptops, – digital cameras, – headphones, headsets, earbuds, – handheld videogame consoles, keyboards, mice, – portable speakers, smart speakers, digital radios, – smart watches, personal care devices, sport devices, – GPS/portable navigation, – electronic toys.
2022/02/21
Committee: IMCO
Amendment 184 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 1 – introductory part
1. Hand-held mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles and portable speakers,Categories or classes of portable radio equipment listed in point – 1 of this Annex in so far as they are capable of being recharged via wired charging, shall:
2022/02/21
Committee: IMCO
Amendment 193 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 2 – introductory part
2. Hand-held mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles and portable speakers,Categories or classes of portable radio equipment listed in point – 1 of this Annex in so far as they are capable of being recharged via wired charging at voltages higher thanof 5 volts or currents higher than 3 amperes or powers higher than 15 wattshigher or currents of 3 amperes or higher or powers of 15 watts or higher, shall:
2022/02/21
Committee: IMCO
Amendment 197 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part I – paragraph 2 – point b a (new)
(ba) enable the charging of the radio equipment via USB Power Delivery regardless of the manufacturer of the charging device.
2022/02/21
Committee: IMCO
Amendment 200 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – introductory part
In the case of radio equipment falling within the scope of Article 3 (4), first subparagraph, the following information shall be indicated in printed form on the packaging or, in the absence of packaging, on a label, including in the instructions and safety information, accompanying the radio equipment with the condition that the label can be visible:
2022/02/21
Committee: IMCO
Amendment 202 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – point a
(a) a description of the power requirements of the wired charging devices that can be used with that radio equipment, including the minimum and the maximum power required to charge the radio equipment at the maximum charging speed expressed in watts by displaying the text: “the minimum power delivered by the charger shall be equal to or higher than [xx] Watts”. "The maximum power delivered at the maximum charging speed by the charger shall not be higher than [xx] Watts". The number of watts shouldall express the minimum and the maximum power required by the radio equipment at the maximum charging speed;
2022/02/21
Committee: IMCO
Amendment 205 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 1 – point b
(b) a description of the specifications in relation to charging capabilities of the radio equipment, in so far as they are capable of being recharged via wired charging at voltages higher thanof 5 volts or currents higher than 3 amperes or powers higher than 15 wattshigher or currents of 3 amperes or higher or powers of 15 watts or higher, including an indication that the radio equipment supports the USB Power Delivery charging protocol by displaying the text “USB PD fast charging” and an indication of any other supported charging protocol by displaying its name in text format.
2022/02/21
Committee: IMCO
Amendment 208 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II – paragraph 2
Such information shall also be provided and displayed online in case of online sales and shall be in a language and a format which can be easily understood by consumers and other end-users, including persons with disabilities, as determined by the Member State concerned, and shall be clear, understandable and intelligible.’
2022/02/21
Committee: IMCO
Amendment 210 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II a (new) – title
PART III Graphic indicating whether or not a charging device is offered together with the radio equipment
2022/02/21
Committee: IMCO
Amendment 211 #

2021/0291(COD)

Proposal for a directive
Annex
Directive 2014/53/EU
Annex I a – Part II a – paragraph 1 (new)
1. Charging device (external power supply device) offered with radio equipment shall be indicated in the form of the following graphic:
2022/02/21
Committee: IMCO
Amendment 212 #

2021/0291(COD)

Proposal for a directive
Annex
Directive 2014/53/EU
Annex I a – Part II a – paragraph 2 (new)
2. Charging device (external power supply device) not offered with radio equipment shall be indicated in the form of the following graphic:
2022/02/21
Committee: IMCO
Amendment 213 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II a – paragraph 3 (new)
3. The label shall be of the same colour and size respecting the proportions given in the drawings above and shall appear in the instructions for use of the specific radio equipment.
2022/02/21
Committee: IMCO
Amendment 214 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – title
PART IV Content and format of the label providing information on the charging capabilities of the radio equipment
2022/02/21
Committee: IMCO
Amendment 215 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – paragraph 1
1. The Label shall be indicated in the following format:
2022/02/21
Committee: IMCO
Amendment 216 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – paragraph 2
2. The letters XX after “Minimum” shall be replaced by the figure corresponding to the minimum power required by the radio equipment to charge, which defines the minimum power that a charging device should supply to charge the radio equipment. The letters XX after “Maximum” shall be replaced by the figure corresponding to the maximum power required by the radio equipment at the maximum charging speed, which defines the power that a charging device should at least supply to achieve that maximum charging speed. The abbreviation "USB PD" (USB Power delivery) shall be displayed if the radio equipment supports this charging communication protocol. "USB PD" is a protocol that negotiates the fastest delivery of current from the charger to the device without shortening the battery lifetime. The power capabilities in the label should be established as key information requirements to ensure comparability between chargers. If deemed necessary, a figure could be provided in brackets indicating the current.
2022/02/21
Committee: IMCO
Amendment 217 #

2021/0291(COD)

Proposal for a directive
Annex I
Directive 2014/53/EU
Annex I a – Part II b (new) – paragraph 3
3. The label shall be of the same colour and size respecting the proportions given in the drawings above and shall appear in the instructions for use of the specific radio equipment.
2022/02/21
Committee: IMCO
Amendment 125 #

2021/0171(COD)

Proposal for a directive
Recital 15 a (new)
(15 a) Offers for environmentally sustainable consumer loans are currently limited across the EU. In order to enable environmentally sustainable consumer spending such as the purchase of electric vehicles, or energy-efficient home renovations, in line with the EU Commission’s renewed Strategy on Sustainable Finance, creditors should be encouraged to offer as part of their portfolios affordable environmentally sustainable consumer credit products and develop corresponding policies. For this purpose, the European Banking Authority should, after consulting the Platform on Sustainable Finance, submit a report to the European Parliament, to the Council and to the Commission on environmentally sustainable consumer credit products, including a proposal for a standardisation of different types of environmentally sustainable consumer credit products. The Commission should take the report into account in its first evaluation of this Directive and, where appropriate, submit proposals to harmonise environmentally sustainable consumer lending practices and ensure ample availability and affordability of environmentally sustainable consumer credit products across the Union. Member States should set up qualitative and where relevant, quantitative targets to ensure the development of environmentally sustainable credit products.
2022/03/16
Committee: IMCO
Amendment 139 #

2021/0171(COD)

Proposal for a directive
Recital 29
(29) Specific provisions should be laid down on advertising of credit agreements or crowdfunding credit services and certain items of standard information to be provided to consumers in order to enable them, in particular, to compare different offers. Such information should be given in a clear, concise and prominent way by means of a representative example. The standard information should be shown upfront and saliently, in a clear way and in an engaging format. It should be clearly legible and adapted to take into account the technical constraints of certain media such as mobile telephone screens. Temporary promotional conditions, such as a teaser rate with lower interest rate for the initial months of the credit agreement or crowdfunding credit services, should be clearly identified as such. Consumers should see all essential information at a glance, even when they watch it on the screen of a mobile telephone. The creditor and, where applicable, credit intermediary and provider of crowdfunding credit services’ telephone number and email address should also be communicated to the consumer to enable him or her to contact the creditor, the credit intermediary or provider of crowdfunding credit services quickly and efficiently. A ceiling should be provided where it is not possible to indicate the total amount of credit as the total sums made available, in particular where a credit agreement gives the consumer freedom of drawdown with a limitation with regard to the amount. The ceiling should indicate the upper limit of credit which can be made available to the consumer. In specific and justified cases, in order to improve consumer understanding of information disclosed in advertising of credit agreements or crowdfunding credit services where the medium used does not allow to visually display it, such as in radio advertising, the amount of information disclosed could be reduced. In addition, Member States should remain free to regulate information requirements in their national law regarding advertising of credit agreements or crowdfunding credit services which does not contain information on the cost of the credit. Advertising should not incite over- indebted consumers to seek credit, highlight the ease or speed with which credit can be obtained, state that a promotion is conditional upon taking up credit, nor specify that other credit contracts have no influence on the assessment of a credit application, and these practices should therefore be prohibited. Advertising should not use profiling and should not be personalised.
2022/03/16
Committee: IMCO
Amendment 181 #

2021/0171(COD)

Proposal for a directive
Recital 47
(47) The assessment of creditworthiness should be based on information on the financial and economic situation, including income and expenses, of the consumer. The European Banking Authority Guidelines on loan origination and monitoring (EBA/GL/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes, which include evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitments. Personal data, such as personal data found on social media platforms or health data, including cancer data, should not be used when conducting a creditworthiness assessment. Consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. In principle, credit should only made available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, should such assessment be negativeMember States may determine that in exceptional, and in specific and well justified circumstances, the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer, or in case of loanseven when the assessment is negative for instance to fund exceptional healthcare expenses, or in case of students loans or loans for consumers with disabilities. In such cases, when deciding on whether or not to make the credit available to the consumer, the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit, and the likelihood that the obligations resulting from the agreement will be met. The creditor’s decision and justification for granting the credit should be duly documented. Member States should ensure that in these exceptional cases consumers are equally protected from the risk of over-indebtedness and financial difficulties.
2022/03/16
Committee: IMCO
Amendment 234 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Articles 1, 2 and 3, Articles 5 to 10, Articles 12 to 23, Articles 26, 27 and 28, Articles 30 to 33, Article 37 and Articles 39 to 50 shall also apply to crowdfunding credit services where those services are not provided by a creditor or by a credit intermediary.
2022/03/16
Committee: IMCO
Amendment 246 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 2 – point h
(h) credit agreements where the consumer is requested to deposit an item as security in the creditor's safe-keeping and the liability of the consumer is strictly limited to that deposited item;deleted
2022/03/16
Committee: IMCO
Amendment 263 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 3 a (new)
3 a. Notwithstanding paragraph 2, Member states may determine that this Directive applies to credit agreements involving a total amount of credit of more than EUR 100 000.
2022/03/16
Committee: IMCO
Amendment 266 #

2021/0171(COD)

Proposal for a directive
Article 2 – paragraph 4
4. In the case of credit agreements in the form of overrunning, only Articles 1, 2 and 3, Article 25, and Articles25, 35, 36, 39, and 41 to 50 shall apply.
2022/03/16
Committee: IMCO
Amendment 283 #

2021/0171(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 5
(5) ‘total cost of the credit to the consumer’ means all the costs, including interest, commissions, taxes and any other kind of fees which the consumer is required to pay in connection with the credit agreement or crowdfunding credit services and which are known to the creditor, in the case of credit agreements, or to the crowdfunding credit services provider, in the case of crowdfunding credit services, except for notarial costs; costs in respect of ancillary services relating to the credit agreement or crowdfunding credit services are also included in the total cost of the credit to the consumer where, in addition, the conclusion of a contract regarding such ancillary services is compulsory in order to obtain the credit or to obtain it on the terms and conditions marketed, except for notarial costs; costs in respect of ancillary services relating to the credit agreement or crowdfunding credit services which are sold simultaneously are also included in the total cost of the credit to the consumer;
2022/03/16
Committee: IMCO
Amendment 294 #

2021/0171(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 22
(22) ‘early repayment’ means the full or partial discharge of the consumer’s obligations under a credit agreement or crowdfunding credit services, before the date for the final payment agreed in the credit agreement;;
2022/03/16
Committee: IMCO
Amendment 297 #

2021/0171(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 25
(25) ‘debt advisory services’ means personalised assistance of a technical, legal or psychological nature provided by independent professional operators which are not creditors, credit intermediaries, providers of crowdfunding credit services or credit servicers as defined in Article 3, point (8) of Directive (EU) 2021/2167 in favour of consumers who experience or might experience difficulties in meeting their financial commitments;
2022/03/16
Committee: IMCO
Amendment 315 #

2021/0171(COD)

Proposal for a directive
Article 6 a (new)
Article 6 a Environmentally sustainable consumer credit products 1. Member States shall set up qualitative and where relevant, quantitative targets to support the development and the integrity of creditors’ environmentally sustainable lending activities. 2. Member States shall ensure that independent and impartial one-stop shop platforms are set up, available both physically and online, to provide independent technical advice, assistance and support to consumers on environmentally sustainable lending. Such platforms may be the same as those defined in the Article 21 of the Energy Efficiency Directive. 3. Creditors shall inform consumers about the existence of such platforms when presenting them with offers for environmentally sustainable credit products, before the conclusion of a credit agreement. 4. By 31 December 2023, EBA shall, after consulting the Platform on Sustainable Finance established under Article 20 of Regulation (EU) 2020/852, submit a report to the European Parliament, to the Council and to the Commission on environmentally sustainable consumer credit products. That report shall, at least, consider: (a) the types of environmentally sustainable consumer credit products and the contractual conditions currently offered for sale across the EU; (b) the availability and affordability of these products in different member states; (c) the current use of such products in different member states; (d) a proposal for a standardisation of different types of environmentally sustainable consumer credit products.
2022/03/16
Committee: IMCO
Amendment 321 #

2021/0171(COD)

Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1 (new)
Advertising concerning credit agreements or crowdfunding credit services shall not be targeted to a natural person or a group of persons based on their behaviour, the tracking of their activities, profiling within the meaning of Article 4(4) of Regulation (EU)2016/679. Only standardised offers may be advertised.
2022/03/16
Committee: IMCO
Amendment 325 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 1 – introductory part
1. Member States shall require that advertising concerning credit agreements or crowdfunding credit services which indicates an interest rate or any figures relating to the cost of the credit to the consumer include standard information in accordance with this Article.
2022/03/16
Committee: IMCO
Amendment 327 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
This obligation shall not apply where national law requires the indication of the annual percentage rate of charge in advertising concerning credit agreements or crowdfunding credit services which does not indicate an interest rate or any figures relating to any cost of credit to the consumer within the meaning of the first subparagraph.deleted
2022/03/16
Committee: IMCO
Amendment 330 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 2 – point a
(a) where applicable, the borrowing rate, fixed or variable or both, together with particulars of any charges included in the total cost of the credit to the consumer;
2022/03/16
Committee: IMCO
Amendment 331 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 2 – point c
(c) where applicable, the annual percentage rate of charge;
2022/03/16
Committee: IMCO
Amendment 333 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 2 – point f a (new)
(f a) information regarding possible consequences of missed payments, including any interest or charges applicable for late payments
2022/03/16
Committee: IMCO
Amendment 335 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 2 – point f b (new)
(f b) a prominent, clearly visible warning to make consumers aware that borrowing costs money.
2022/03/16
Committee: IMCO
Amendment 337 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 a (new)
In all other cases, information listed in points (c), (f) and (h) shall be displayed prominently and in a bigger format than all other information. The Commission shall adopt a delegated act to define, and where necessary amend, regulatory technical standards to stipulating the format and presentation of the information contained in points (c), (f) and (h), in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010. The European Banking Authority (EBA) shall develop draft regulatory technical standards to stipulate the format and presentation of the information contained in points (c), (f) and (h).
2022/03/16
Committee: IMCO
Amendment 339 #

2021/0171(COD)

Proposal for a directive
Article 8 – paragraph 3 a (new)
3 a. Member States shall prohibit advertising for consumer credit products which: (a) incites over-indebted consumers to seek credit; (b) highlights the ease or speed with which credit can be obtained; (c) states that a promotion is conditional upon taking up credit; (d) specifies that outstanding credit contracts have little or no influence on the assessment’ of a credit application; (e) suggests that success, social achievement or specific skills can be acquired thanks to credit agreements; (f) offer “grace periods” for the repayment of credit instalments of more than three months
2022/03/16
Committee: IMCO
Amendment 370 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 2
2. The pre-contractual information referred to in paragraph 1 shall be provided on paper or on another durable medium by means of the Standard European Consumer Credit Information form set out in Annex I. All the information provided in the form shall be equally prominent. The creditor shall be deemed to have fulfilled the information requirements in this paragraph and in Article 3, paragraphs (1) and (2) of Directive 2002/65/EC if he or she has supplied the Standard European Consumer Credit Information. In the process of providing pre-contractual information, special attention shall be given to the needs of persons with disabilities.
2022/03/16
Committee: IMCO
Amendment 400 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point n
(n) a warning regarding the consequencesand an explanation on the consequences, including the costs in the case of missing or late payments;
2022/03/16
Committee: IMCO
Amendment 403 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 3 – point p
(p) the existence of a right of withdrawal;deleted
2022/03/16
Committee: IMCO
Amendment 421 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4 – introductory part
4. At the same time as the Standard European Consumer Credit Information form is provided to the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services, shall provide the consumer with the Standard European Consumer Credit Overview form set out in Annex II, containing the following pre-contractual informationThe following pre-contractual information should be placed prominently at the beginning of the Standard European Consumer Credit Information form:
2022/03/16
Committee: IMCO
Amendment 427 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4 – point c
(c) the borrowing rate, or all borrowing rates if different borrowing rates apply in different circumstances; particularly highlighting the highest possible cost of the credit in the worst case for the consumer;
2022/03/16
Committee: IMCO
Amendment 431 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4 – point f
(f) costs a warning and explanations concerning the case of late paymenonsequences of missing or late payments including related costs;
2022/03/16
Committee: IMCO
Amendment 434 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4 – point f a (new)
(f a) a comprehensive repayment schedule containing all payments and repayments over the lifetime of the contract, including those payments and repayments for any ancillary services relating to the credit agreement or crowdfunding credit services which are sold simultaneously, whereby payment and repayments, in case different borrowing rates apply in different circumstances, should be based on the worst possible scenario for the consumer;
2022/03/16
Committee: IMCO
Amendment 436 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 4 – point f b (new)
(f b) A note stating that, in accordance with Article 26, the consumer may withdraw from the credit agreement or the agreement for the provision of crowdfunding credit services without giving any reason within a period of 14 calendar days.
2022/03/16
Committee: IMCO
Amendment 451 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 5 – subparagraph 1
Any additional information which the creditor may provide to the consumer shall be clearly legible and given in a separate document which may be annexed to the Standard European Consumer Credit Information form or the Standard European Consumer Credit Overview form.;
2022/03/16
Committee: IMCO
Amendment 452 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 5 a (new)
5 a. The European Banking Authority (EBA) shall develop draft regulatory technical standards that specify the format and presentation of the information contained in points (c), (f) and (h). EBA shall submit those draft regulatory technical standards to the Commission by XXX. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the third subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010. The European Banking Authority (EBA) shall develop draft regulatory technical standards to stipulate the format and presentation of the Standard European Consumer Credit Information form and in the Standard Consumer Credit Overview form to be submitted to the Commission by XX and reviewed every two years thereafter. Powers should be delegated to the European Commission to adopt and, where necessary amend, regulatory technical standards to stipulate the format and presentation of the Standard European Consumer Credit Information form and the Standard Consumer Credit Overview form in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
2022/03/16
Committee: IMCO
Amendment 454 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 7
7. If the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall provide the consumer with the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form immediately after the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services.deleted
2022/03/16
Committee: IMCO
Amendment 466 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 8
8. Upon request from the consumer, the creditor and, where applicable, the credit intermediary or the provider of crowdfunding credit services shall, in addition to the Standard European Consumer Credit Information form and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, or of the draft agreement for the provision of crowdfunding credit services, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services with the consumer.
2022/03/16
Committee: IMCO
Amendment 468 #

2021/0171(COD)

Proposal for a directive
Article 10 – paragraph 10
10. This Article shall not apply to suppliers of goods or services acting as credit intermediaries in an ancillary capacity. This is without prejudice to the creditor, or where applicable, credit intermediary or provider of crowdfunding credit services’ obligation to ensure that the consumer receives the pre-contractual information referred to in this Article.deleted
2022/03/16
Committee: IMCO
Amendment 479 #

2021/0171(COD)

Proposal for a directive
Article 11 – paragraph 3
3. At the same time as the European Consumer Credit Information form is provided to the consumer, the creditor and, where applicable, the credit intermediary, shall provide the consumer with the Standard European Consumer Credit Overview form set out in Annex II.deleted
2022/03/16
Committee: IMCO
Amendment 481 #

2021/0171(COD)

Proposal for a directive
Article 11 – paragraph 4
4. Information displayed in the European Consumer Credit Information form and in the Standard Consumer Credit Overview form shall be consistent. It shall be clearly legible and take into account the technical constraints of the medium on which it is displayed. Information shall be displayed in an adequate and suitable way on the different channels.
2022/03/16
Committee: IMCO
Amendment 486 #

2021/0171(COD)

Proposal for a directive
Article 11 – paragraph 6
6. Upon request from the consumer, the creditor and, where applicable, the credit intermediary shall, in addition to the European Consumer Credit Information and the Standard European Consumer Credit Overview form, provide the consumer free of charge with a copy of the draft credit agreement, provided that the creditor at the time of the request is willing to proceed to the conclusion of the credit agreement with the consumer.
2022/03/16
Committee: IMCO
Amendment 498 #

2021/0171(COD)

Proposal for a directive
Article 12 – paragraph 2
2. Member States may adapt the requirement referred to in paragraph 1 with regard to the manner in which the explanations shall be given and the extent to which they shall be given to the following: (a) the circumstances of the situation in which the credit is offered; (b) the person to whom the credit is offered; (c) the nature of the credit offered.deleted
2022/03/16
Committee: IMCO
Amendment 500 #

2021/0171(COD)

Proposal for a directive
Article 13 – paragraph 1
Member States shall require that creditors, credit intermediaries and providers of crowdfunding credit services inform consumers when they are presented with a personalised offer that is based on profiling or other types of automated processing of personal data. Such personalised offer shall not be based on personal data other than financially related data as defined in Article 18 paragraph 2.
2022/03/16
Committee: IMCO
Amendment 511 #

2021/0171(COD)

Proposal for a directive
Article 14 – paragraph 3
3. By way of derogation from paragraph 1 and without prejudice to the application of competition law, Member States may allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered, on terms and conditions similar to each other, result in a clear benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market.deleted
2022/03/16
Committee: IMCO
Amendment 519 #

2021/0171(COD)

Proposal for a directive
Article 14 – paragraph 4
4. Member States may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services, taking into account proportionality considerations. In such cases, Member States shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed, without modifying the condition of the credit offering to the consumer. In addition, creditors or providers of crowdfunding credit services should not be permitted to offer a relevant insurance policy related to the credit agreement of crowdfunding credit services before a 7-day cooling off period in order to ensure that the consumer is able to compare offers.
2022/03/16
Committee: IMCO
Amendment 530 #

2021/0171(COD)

Proposal for a directive
Article 16 – paragraph 3 – point d
(d) act in the best interests of the consumer, with a view to minimising defaults and arrears;
2022/03/16
Committee: IMCO
Amendment 535 #

2021/0171(COD)

Point (b) of the second subparagraph shall apply only where the number of creditors considered is less than a majority of the market.deleted
2022/03/16
Committee: IMCO
Amendment 557 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 2 – introductory part
2. The assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitments. The information shall be obtained from relevant internal or external sources, including the consumer and, where necessary, on the basis of a consultation of a database referred to in Article 19. The necessary data and information that is used to assess creditworthiness shall be limited to: (a) Evidence of identification; (b) Evidence of residence; (c) Where applicable, information on the purpose of the loan; (d) Where applicable, evidence of eligibility for the purposes of the loan; (e) Evidence of employment, including the type, sector, status (e.g. full-time, part- time, contractor, self-employed) and duration; (f) Evidence of income or other sources of repayment (including annual bonus, commission, overtime, where applicable) covering a reasonable period, including payslips, current bank account statements, and audited or professionally verified accounts (for self-employed persons); (g) Information on financial assets and liabilities, e.g. savings account statements and loan statements indicating outstanding loan balances; (h) Information on other financial commitments, such as child maintenance, education fees and alimonies, if relevant; (i) Information on household composition and dependants; (j) Evidence of tax status; (k) Where applicable, evidence of life insurance for the named borrowers; (l) Where applicable, data from credit registers or credit information bureaux or other relevant databases, covering the information on financial liabilities and arrears in payment; (m) Information on the collateral, if any; (n) Evidence of ownership of the collateral; (o) Evidence of the value of the collateral; (p) Evidence of insurance of the collateral; (q) Information on guarantees, other credit risk mitigating factors and guarantors, if any; (r) Rental agreement or evidence of potential rental income for buy-to-let loans, if any; (s) Permissions and cost estimates, if applicable, for real estate building and improvement loans; (t) The household general budget data of the borrower.
2022/03/16
Committee: IMCO
Amendment 566 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 2 – subparagraph 1
The information obtained in accordance with this paragraph shall be appropriately verified, where necessary through reference to independently verifiable documentation. Personal data as referred to in Article 9(1) of Regulation (EU) 2016/679 shall not be used for the assessment.
2022/03/16
Committee: IMCO
Amendment 573 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 2 a (new)
2 a. Member States shall ensure that the creditworthiness assessment and corresponding re-payment plans are tailored to the borrower’s specific needs and repayment capacity.
2022/03/16
Committee: IMCO
Amendment 594 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 4 – subparagraph 1
Notwithstanding the first subparagraphs, Member States may determine that creditors or the providers of crowdfunding credit services may exceptionally make credit available to consumers in specific and well justified circumstances also where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are not likely to be met in the manner required under that agreement, the creditor or the provider. In this case, Member States shall take complementing measures to ensure that the consumers’ level of cprowdfunding credit services may exceptionally make credit available to the consumer in specific and well justified circumstancestection against over-indebtedness or financial difficulties remains equivalent to the standards otherwise established in this directive.
2022/03/16
Committee: IMCO
Amendment 602 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6 – introductory part
6. Where the creditworthiness assessment involves the use of profiling or other automated processing of personal data, Member States shall ensure that the creditor or provider of crowdfunding services informs the consumer of this fact, and that the consumer has the right to:
2022/03/16
Committee: IMCO
Amendment 610 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 6 – point b
(b) request and obtain from the creditor or the provider of crowdfunding credit services a clear explanation of the assessment of creditworthiness, including on i) the logic and risks involved in the automated processing of personal data as well as its significance and effects on the decision; ii) the categories of data processed as part of the assessment;
2022/03/16
Committee: IMCO
Amendment 618 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 7
7. Member States shall ensure that where the credit application is rejected the creditor or the provider of crowdfunding credit services is required to inform the consumer without delay of the rejection and, where applicable, of the fact that the assessment of creditworthiness is based on automated processing of dataprovide justifications for the rejection on paper or another durable medium, and, where relevant, refer the consumer to debt advisory services available in the consumer’s area. Where applicable, the creditor or the provider of crowdfunding credit services is required to inform the consumer of the fact that the assessment of creditworthiness is based on automated processing of data and about the consumer’s right to a human intervention and the procedure to contest the decision.
2022/03/16
Committee: IMCO
Amendment 627 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 9
9. Member States whose legislation requires creditors or providers of crowdfunding credit services to assess the creditworthiness of consumers on the basis of a consultation of the relevant database may retain this requirement; however, the assessment shall not be based exclusively on a consumer’s credit history.
2022/03/16
Committee: IMCO
Amendment 630 #

2021/0171(COD)

Proposal for a directive
Article 18 – paragraph 9 a (new)
9 a. In the case of open-ended credit or crowdfunding credit services, the relevance of the initial creditworthiness assessment shall be assessed by the creditor or provider of crowdfunding credit services at least every two years. Due adjustments to the repayment schedule shall be made accordingly.
2022/03/16
Committee: IMCO
Amendment 640 #

2021/0171(COD)

Proposal for a directive
Article 19 – paragraph 4 a (new)
4 a. Member States shall ensure that efficient complaint procedures and out-of- court dispute resolution mechanisms are in place in order to facilitate consumers’ challenges to the content of databases, including information obtained through database searches by third parties.
2022/03/16
Committee: IMCO
Amendment 642 #

2021/0171(COD)

Proposal for a directive
Article 19 – paragraph 4 b (new)
4 b. Database providers shall have processes in place to ensure that information contained in their databases is up-to-date and accurate. Member States shall ensure that consumers are notified within thirty days of the registration of any negative credit data in a database, informing them of the possibility of exercising their right of access, rectification, erasure and opposition, in line with Regulation (EU) 2016/679 (GDPR).
2022/03/16
Committee: IMCO
Amendment 643 #

2021/0171(COD)

Proposal for a directive
Article 20 – paragraph 1
1. Member States shall require that 1. credit agreements or agreements for the provision of crowdfunding credit services are drawn up on paper or on another durable medium and that all the contracting parties are provided with a copy of the credit agreement or of the agreement for the provision of crowdfunding credit services. Copies of credit agreements provided to persons with disabilities shall be drawn up on a medium adapted to their specific abilities.
2022/03/16
Committee: IMCO
Amendment 657 #

2021/0171(COD)

Proposal for a directive
Article 23 – paragraph 2 – point d
(d) the information concerning the new reference rate is also available at the premises and on the website of the creditor or of the provider of crowdfunding credit services.
2022/03/16
Committee: IMCO
Amendment 659 #

2021/0171(COD)

Proposal for a directive
Article 24 – paragraph 1 – introductory part
1. Where a credit has been granted in the form of an overdraft facility, Member States shall require that the creditor, throughout the duration of the credit agreement, keeps the consumer regularlyat least once per month informed by means of statements of account, on paper or on another durable medium, containing the following elements:
2022/03/16
Committee: IMCO
Amendment 662 #

2021/0171(COD)

Proposal for a directive
Article 24 – paragraph 2 – introductory part
2. Where a credit has been granted in the form of an overdraft facility, Member States shall require that the creditor informs the consumer, on paper or another durable medium, of increases in the borrowing rate or in any charges payable, at least two working days before the change in question enters into force.
2022/03/16
Committee: IMCO
Amendment 669 #

2021/0171(COD)

Proposal for a directive
Article 25 – paragraph 2 – introductory part
2. In the event of a significant overrunning exceeding a period of one monthtwo weeks, Member States shall require that the creditor informs the consumer without delay, on paper or on another durable medium, of all of the following:
2022/03/16
Committee: IMCO
Amendment 670 #

2021/0171(COD)

Proposal for a directive
Article 25 – paragraph 2 – subparagraph 1
In addition, in case of regular overrunning, the creditor shall offer to the consumer advisory services, where available and at no cost, or redirect consumers towards debt advisory services.
2022/03/16
Committee: IMCO
Amendment 699 #

2021/0171(COD)

Proposal for a directive
Article 29 – paragraph 4 – point b
(b) the creditor may exceptionally claim higher compensation if the creditor can prove that the loss suffered due to early repayment exceeds the amount determined in accordance with paragraph 2.deleted
2022/03/16
Committee: IMCO
Amendment 708 #

2021/0171(COD)

Proposal for a directive
Article 31 – paragraph 1 – introductory part
1. Member States shall introduce caps on one or more of the following:: the annual percentage rate of charge, which may take into account the specificities of different consumer credit product
2022/03/16
Committee: IMCO
Amendment 712 #

2021/0171(COD)

Proposal for a directive
Article 31 – paragraph 1 – point a
(a) interest rates applicable to credit agreements or to crowdfunding credit services;deleted
2022/03/16
Committee: IMCO
Amendment 716 #

2021/0171(COD)

Proposal for a directive
Article 31 – paragraph 1 – point b
(b) the annual percentage rate of charge;deleted
2022/03/16
Committee: IMCO
Amendment 717 #

2021/0171(COD)

Proposal for a directive
Article 31 – paragraph 1 – point c
(c) the total cost of the credit to the consumer.deleted
2022/03/16
Committee: IMCO
Amendment 722 #

2021/0171(COD)

Proposal for a directive
Article 31 – paragraph 2 a (new)
2 a. Member States may introduce lower caps for environmentally sustainable consumer credit products.
2022/03/16
Committee: IMCO
Amendment 724 #

2021/0171(COD)

Proposal for a directive
Article 31 – paragraph 2 b (new)
2 b. By 31 December 2023, EBA shall submit a report to the European Parliament, to the Council and to the Commission on the implementation of the caps pursuant to paragraph 1 in the Member States. That report shall, at least, contain:(a) a comparison of the Member States’ methodologies to determine the size of the caps;(b) a comparison of the size of the caps across Member States;(c) an assessment of the effectiveness of the caps for the purpose of protecting consumers from excessive fees or charges;(d) based on the assessment in (c), a best practice approach for determining the size of caps.
2022/03/16
Committee: IMCO
Amendment 725 #

2021/0171(COD)

Proposal for a directive
Article 32 – paragraph 1 – introductory part
1. Member States shall require that the creditor, the credit intermediary and the provider of crowdfunding credit services act honestly, responsibly, fairly, transparently and professionally and take account of the rights and interests of the consumers when carrying out any of the following activities:
2022/03/16
Committee: IMCO
Amendment 733 #

2021/0171(COD)

Proposal for a directive
Article 33 – paragraph 1
1. Member States shall ensure that creditors, credit intermediaries and providers of crowdfunding credit services require their staff to possess and keep up- to-date an appropriate level of knowledge and competence in relation to the manufacturing, the offering and the granting of credit agreements or crowdfunding credit services, the carrying out of credit intermediation activities, the provision of advisory services or crowdfunding credit services and consumer rights in the area of their trade. Where the conclusion of a credit agreement or an agreement for the provision of crowdfunding credit services includes an ancillary service, appropriate knowledge and competence in relation to that ancillary service shall be required.
2022/03/16
Committee: IMCO
Amendment 737 #

2021/0171(COD)

Proposal for a directive
Article 33 – paragraph 2
2. Member States shall establish minimum knowledge and competence requirements for the staff of creditors, of credit intermediaries and of providers of crowdfunding credit services, including on environmentally sustainable lending, where relevant.
2022/03/16
Committee: IMCO
Amendment 745 #

2021/0171(COD)

Proposal for a directive
Article 35 – paragraph 1 – introductory part
1. Member States shall require creditors to have adequate policies and procedures so that they make efforts to exercise, where appropriate, reasonable forbearance before enforcement proceedings are initiated. Such forbearance measures shall be tailored to the consumer’s individual circumstances and take into account, among other elements, the consumer’s circumstances and mayshall consist in, among other at least one or more of the following possibilities:
2022/03/16
Committee: IMCO
Amendment 747 #

2021/0171(COD)

Proposal for a directive
Article 35 – paragraph 1 – point b – point iv
(iv) changreducing the interest rate;
2022/03/16
Committee: IMCO
Amendment 749 #

2021/0171(COD)

Proposal for a directive
Article 35 – paragraph 2
2. The list of potential measures in paragraph 1, point (b), is without prejudice to rules set out in national law and does not require Member States to provide for all of those measuresadditional measures set out in national law.;
2022/03/16
Committee: IMCO
Amendment 750 #

2021/0171(COD)

Proposal for a directive
Article 35 – paragraph 3
3. Member States mayshall require that, where the creditor is permitted to define and impose charges on the consumer arising from a default, those charges are no greater than is necessary to compensate the creditor for costs it has incurred as a result of the default.
2022/03/16
Committee: IMCO
Amendment 753 #

2021/0171(COD)

Proposal for a directive
Article 36 – paragraph 1
Member States shall ensure that debt advisory services are made available to consumers free of charge and rendered by staff that is not in a situation of conflict of interest.
2022/03/16
Committee: IMCO
Amendment 773 #

2021/0171(COD)

Proposal for a directive
Article 39 – paragraph 1 a (new)
1 a. The assignment to a third party of the creditor's rights under a credit agreement or an agreement for the provision of crowdfunding credit services, or of the agreement itself, shall require the explicit consent of the consumer.
2022/03/16
Committee: IMCO
Amendment 781 #

2021/0171(COD)

Proposal for a directive
Article 41 a (new)
Article 41 a Data collection National competent authorities of each Member State shall collect monthly default rates associated with different types of consumer credit products relevant to the scope of this Directive and report that data to the EBA in a standard reporting format. The draft typology of the consumer credit products as well as the technical reporting standard shall be developed by the EBA. The EBA shall provide an annual, comprehensive report to the Commission on these default rates and make it publicly available.
2022/03/16
Committee: IMCO
Amendment 795 #

2021/0171(COD)

Proposal for a directive
Article 46 – paragraph 1 a (new)
1 a. The evaluation shall take into account the report referred to in Article 6a(4). The Commission shall assess, and where appropriate, submit proposals to harmonise environmentally sustainable consumer lending practices and ensure ample availability and affordability of environmentally sustainable consumer credit products across the Union.
2022/03/16
Committee: IMCO