905 Amendments of Catharina RINZEMA
Amendment 16 #
2023/2080(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that, under the Von der Leyen Commission, the total of new infringement actions taken by the Commission fell from 903 cases in 2020 to 551 in 2022; sStresses that the total infringement actions in relation to the single market – excluding case closures – is worryingly lower than under the Barroso and Juncker commissions; uUnderstands the importance of dialogue between the Commission and the Member States at the pre-litigation stage; considers, however, that relying almost exclusively on dialogue and informal diplomacy can lead to either political horse trading with Member States or to the application of double-standards on the part of the Commission; rRegrets therefore that the Commission seems reluctant to bring actions against Member States before the CJEU where it is appropriate; calls on the Commission to further clarify how it prioritises serious breaches of EU law and to flesh out its selection criteria; recommends that the Commission shortens the dialogue period and not shy away from litigation, minimises and clarifies the timeframe for infringement procedures, and does not shy away from litigation, which is key to put an end to EU law’s violations by Member States and to ensure protection of EU citizens and to guarantee regulatory convergence across the Single Market;
Amendment 33 #
2023/2080(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States to act jointly and consistently onin order to avoid problems related to ‘gold- plating’; notes that, while additional unnecessary administrative burdens should be avoided and should even be decreased in order to prevent fragmentation of the single market, Member States may take more ambitious measures in cases where only minimum standards have been defined by Union law; calls on the Commission, in this regard, to come up with specific guidelines for Member States to prevent unnecessary gold-plating, including a template for a ‘gold-plating test’ focusing on assessing the necessity, proportionality, and feasibility of more ambitious national standards compared to relevant EU legislation and national legislation of other Member States, as well as on the potential effects of such standards on the national business climate, with the goal of preventing competitive disadvantages and ensuring harmonised rules for businesses;
Amendment 22 #
2023/2079(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes also that, in 2020, of a total number of 41 house39 chambers of national parliaments, only eight issued reasoned opinions, that, in 2021, that number fell to seven and that, in 2022, it increased to 13;
Amendment 33 #
2023/2079(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Supports the consolidation of responses if seven chambers or more of national parliaments issue reasoned opinions on one of the Commission’s legislative proposals, despite the threshold for initiating the ‘yellow card’ procedure not having been reached;
Amendment 52 #
2023/2079(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 45 #
2023/0323(COD)
Proposal for a regulation
Recital 11
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, when the debtor is a large undertaking in the meaning of Article 3(4) of Directive 2013/34/EU and G2B transactions, where the public authority is the debtor.
Amendment 56 #
2023/0323(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation should be without prejudice to shorter or longer periods which may be provided for in national law, and which are more favourable to the creditor.
Amendment 124 #
2023/0323(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘procedure of acceptance or verification’ means the procedure for ascertaining the conformity of the goods delivered or services provided, with the requirements of the contract as well as the verification of the correctness and conformity of the invoice;
Amendment 142 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. In commercial transactions, the payment period shall not exceed 30 calendar days, from the date of the receipt of the invoice or an equivalent request for payment by the debtor, provided that the debtor has received the goods or services. This period shall apply both to the transactions between undertakings and between public authorities and undertakings. Undertakings may mutually agree on a longer payment period, except in cases when the debtor is a large undertaking within the meaning of Article 3(4) of Directive 2013/34/EU or a contracting authority and the creditor is a micro, small or medium-sized enterprise (SMEs) within the meaning of the Commission Recommendation 2003/361/EC. The same payment period shall also apply to the supply of non- perishable agricultural and food products on a regular and non-regular basis as referred to in Articles 3(1)(a), point (i), second indent and 3(1)(a), point (ii), second indent of Directive (EU) 2019/633, unless Member States provide for a shorter payment period for such products.
Amendment 201 #
2023/0323(COD)
Proposal for a regulation
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
4b. The payment period set out in paragraph 1 is also without prejudice to national rules on grouping invoices received by the debtor from the same creditor during a limited period of time.
Amendment 207 #
2023/0323(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 308 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall designate one or more authorities responsible for thensure adequate and effective enforcement of this Regulation (‘enforcement authority’).
Amendment 309 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Member States shall lay down rules setting out the measures applicable to infringements of this Regulation and shall ensure that they are implemented. The measures provided for shall be effective, proportionate and dissuasive.
Amendment 317 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 323 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 328 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 332 #
2023/0323(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 338 #
2023/0323(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 136 #
2023/0156(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Since the adoption of Regulation (EU) No 952/2013, the role of customs authorities has evolved to increasingly cover the application of Union and national legislation laying down requirements on goods subject to customs supervision, in particular the non-financial requirements on goods that are necessary for these goods to enter and circulate in the internal market. Such non-financial tasks have increased exponentially over the years in line with growing expectations of Union businesses and citizens regarding safety, security, accessibility for persons with disabilities, sustainability, human, animal and plant health and life, the environment, the protection of human rights and Union values. New tools, such as the Digital Product Passport, are to be introduced to ensure that other legislation applied by the customs authorities related to products continues to respond to these expectations. It is therefore necessary to reflect the increasing number and complexity of non- financial risks by including in the mission of customs authorities a specific reference to protecting all these public interests and, where applicable, national legislation, in close cooperation with other authorities. It is equally important to note that a significant volume of goods processed in major harbors and airports are being transshipped, coming from and destined for other continents without entering the EU market.Such goods do not need to comply with the same EU safety and product standards required for goods entering the internal market.
Amendment 164 #
2023/0156(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) It is therefore appropriate to introduce Union-level risk management activities and provisions to ensure the collection at Union level of comprehensive data relevant for risk management including results and evaluation of all controls. It provides for common risk analysis and the issue of corresponding Union control recommendations to customs authorities. Those control recommendations should be implemented, or reasons provided as to why they were not applied. In line with the principle of 'comply or explain', these control recommendations should be implemented, or compelling reasons provided for not applying them.A framework should be established to give certainty on situations where it is permissible to deviate from these recommendations, for instance, when other pressing priorities or specific national circumstances prevail. The possibility to issue an instruction that goods destined for the Union may not be loaded or transported should also be provided for. The analysis of Union-level risks and threats should be based on constantly updated Union-level data and should identify the measures and controls to be performed at the border crossing points of entry and exit of the Union territory. In the context of cooperation with law enforcement and security authorities in particular, Union- level risk management should, where possible, contribute to and benefit from strategic analyses and threat assessments conducted at Union level, including those carried out by the European Union Agency for Law Enforcement Cooperation (Europol) and the European Border and Coast Guard Agency (Frontex) to contribute to the efficient and effective prevention of, and the fight against, crime.
Amendment 173 #
2023/0156(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the EU Customs Authority. The composition of the Management Board, including the selection of its Chairperson and Deputy- Chairperson, should respect the principles of gender balance, experience and qualification. Additionally, it is essential to recognize that the intensity of external border traffic of goods is not equal across the EU. Therefore, the governance structure of the EU Customs Authority should reflect this reality, ensuring that the varying needs and challenges faced by different Member States are adequately represented and addressed. Given the Union’s exclusive competence on the customs union, and the close link between customs and other policy fields, it is appropriate that its chairperson is elected from among those Commission representatives. In view of the effective and efficient functioning of the EU Customs Authority, the Management Board should, in particular, adopt a Single Programming Document including annual and multiannual programming, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. The Management Board should be assisted by an Executive Board.
Amendment 179 #
2023/0156(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In an increasingly connected world, customs diplomacy and international cooperation are important aspects in the work of customs authorities around the world. International cooperation should envisage the possibility of exchange of customs data, on the basis of international agreements or autonomous legislation of the Union, through appropriate and secure means of communication, subject to the respect of confidential information and the protection of personal data, such as through the EU Customs Data Hub. It is, however, essential to recognize that while fostering international cooperation and data exchange, careful consideration must be given to the competencies of Member States. This approach should not restrict Member States' ability to individually negotiate and decide on matters pertaining to national (non-EU) tasks with third countries. Such flexibility is crucial to uphold the sovereignty of Member States in implementing both EU and national customs legislation. Therefore, while advancing international cooperation and data sharing, the framework must ensure that it does not infringe upon the competence of Member States to manage their customs affairs, particularly when it concerns bilateral or multilateral engagements with third countries on national tasks. This balance is vital to maintain the integrity of Member States' sovereignty while working towards a cohesive and effective Union- wide customs strategy.
Amendment 182 #
2023/0156(COD)
Proposal for a regulation
Recital 64
Recital 64
Amendment 186 #
2023/0156(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) ensuring that goods that are destined for circulation in the internal market but presenting a risk for the safety or the security of citizens and residents do not enter the customs territory of the Union, by putting in place the appropriate measures for controls of goods and supply chains;
Amendment 220 #
2023/0156(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Economic operators established in the customs territory of the Union shall register with the customs authorities responsible for the place where they are established in order to obtain an Economic Operator Registration and Identification (EORI) number. Where possible, that registration shall also include the electronic identification of the operator in the national electronic identification schemes referred to in Regulation (EU) No 910/2014. Economic operators that trade regularly with third countries can opt for a place of establishment for customs purposes.
Amendment 232 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
Amendment 233 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point a a (new)
Article 25 – paragraph 3 – point a a (new)
(a a) a) the criteria for the granting of the status of authorised economic operator b) in addition to article 24 -paragraph 1 (c) -in particular, during the last 3 years preceding the submission of the application, the applicant shal lhave fulfilled his financial obligations regarding payments of customs duties and all other duties, taxes or charges which are collected on or in connection with the import or export of goods, including on VAT and excise duties due in relation to intra-Union operations; c) in addition to article 24 -paragraph 1 (d), including that relevant employees are instructed on how to interact with customs authorities through the EU Customs Data Hub;
Amendment 235 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point b
Article 25 – paragraph 3 – point b
Amendment 236 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point c
Article 25 – paragraph 3 – point c
Amendment 238 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point d
Article 25 – paragraph 3 – point d
Amendment 239 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point e
Article 25 – paragraph 3 – point e
Amendment 245 #
2023/0156(COD)
Proposal for a regulation
Article 25 – paragraph 3 – point f – introductory part
Article 25 – paragraph 3 – point f – introductory part
(f) having an electronic system providing or making available to the customs authorities real-timeall data on the movement of the goods and the compliance of the person referred to in paragraph 1 with all requirements applicable on those goods, including relating to safety and security and including where relevant sharing in the EU Customs Data Hub:
Amendment 261 #
2023/0156(COD)
Proposal for a regulation
Article 26
Article 26
Amendment 317 #
2023/0156(COD)
Proposal for a regulation
Article 51 – paragraph 6 – point h
Article 51 – paragraph 6 – point h
(h) provide a justification to the EU Customs Authority in the event that a control recommendation was not executed. The criteria that need to be met for this paragraph will be set out in a delegated act.
Amendment 334 #
2023/0156(COD)
Proposal for a regulation
Article 60 – paragraph 6 – introductory part
Article 60 – paragraph 6 – introductory part
6. Without prejudice to the relevant other legislation applied by the customs authorities, the customs authorities shall be deemed to have released the goods where they have not selected them for any control within a reasonable period of timas soon as possible after:
Amendment 347 #
2023/0156(COD)
Proposal for a regulation
Article 86 – paragraph 5
Article 86 – paragraph 5
5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than 390 days after the notification of their arrival or no later than 6 days after the notification of their arrival in the case of an authorised consignee as referred to in Article 116(4), point (b), unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extended.
Amendment 375 #
2023/0156(COD)
Proposal for a regulation
Article 206 – paragraph 1
Article 206 – paragraph 1
The Member State hostingthe seat of the EU Customs Authority shall be […]meet the following criteria: a. Excellent quality of IT facilities in terms of both maturity and continuity; b.Availability in proximity of high quality staff, expertise and education; c. Available facilities in the surroundings for adequate consulting.
Amendment 386 #
2023/0156(COD)
Proposal for a regulation
Article 212 – paragraph 1
Article 212 – paragraph 1
1. The Management Board shall be composed of one representative from each Member State and two representatives of the Commission, all with voting rights. The voting weight of each representative from a Member State shall be based on relative trading volumes of that Member State.
Amendment 409 #
2023/0156(COD)
Proposal for a regulation
Article 244 – paragraph 5
Article 244 – paragraph 5
Amendment 410 #
2023/0156(COD)
Proposal for a regulation
Article 244 – paragraph 6
Article 244 – paragraph 6
Amendment 411 #
2023/0156(COD)
Proposal for a regulation
Article 244 – paragraph 7
Article 244 – paragraph 7
Amendment 417 #
2023/0156(COD)
Proposal for a regulation
Article 254 – paragraph 1 – introductory part
Article 254 – paragraph 1 – introductory part
Where sanctions to customs infringements referred to in Article 252 are applied, they shall take at least one or several of the following forms, while ensuring thateach Member State shall provide for sanctions that are effective, proportionate and dissuasive and taking into account extenuating and mitigating circumstances referred to in Article 247 and aggravating circumstances referred to in Article 248:
Amendment 418 #
2023/0156(COD)
Proposal for a regulation
Article 254 – paragraph 1 – point a
Article 254 – paragraph 1 – point a
Amendment 235 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Regulation shall only apply to patents that are in force after the entry into force of this Regulation.
Amendment 236 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Regulation shall apply to patents that are essential to a standard that has been published by a standard development organisation, to which the SEP holder has made a commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms and conditions and that is not subject to a royalty-free intellectual property policy, if the Commission has determined with regard to the standard concerned, by means of a delegated act pursuant to Article 67, that the functioning of the internal market is severely distorted.
Amendment 241 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
Amendment 246 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 251 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 255 #
2023/0133(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. Where there is sufficient evidence that, as regards identified use cases of certain standards or parts thereof, SEP licensing negotiations on FRAND terms do not give rise to significant difficulties or inefficiencies affecting the functioning of the internal market, the Commission shall, by [OJ: please insert the date: 24 months from the date of entry into force of this Regulation], and after an appropriate consultation process, by means of a delegated act pursuant to Article 67, establish a list of such use cases, standards or parts thereof, for the purposes of paragraph 3.
Amendment 284 #
2023/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 288 #
2023/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point g – point i
Article 3 – paragraph 2 – point g – point i
(i) publishing the results and reasoned opinions of the essentiality checks and non-confidential reports of the FRAND determinations;
Amendment 295 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
Amendment 297 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
(c) information on whether an essentiality check or peer evaluation haves been performed and reference to the result, unless not possible because of contractual obligations agreed upon between parties, the outcome of that process;
Amendment 298 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
(c) information on whether an essentiality check or peer evaluation have been performedhas been performed by a competent court of a Member State and reference to the result; if from a final judgement
Amendment 300 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point f
Article 4 – paragraph 4 – point f
(f) date of publication of information pursuant to Article 19(1) in conjunction with Article 14(7), Article 15(4) and Article 18(11);
Amendment 301 #
2023/0133(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point g
Article 4 – paragraph 4 – point g
Amendment 309 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point f
Article 5 – paragraph 2 – point f
Amendment 311 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point g
Article 5 – paragraph 2 – point g
Amendment 312 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point h
Article 5 – paragraph 2 – point h
Amendment 314 #
2023/0133(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point j
Article 5 – paragraph 2 – point j
Amendment 335 #
2023/0133(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) any essentiality check prior to [OJ: please insert the date = 24 months from entry into force of this regulation] by an independent evaluator in the context of afor example, a patent pool, identifying the SEP registration number, the identity of the patent pool and its administrator, and the evaluator.
Amendment 342 #
2023/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 343 #
2023/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 344 #
2023/0133(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
Amendment 356 #
2023/0133(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(a) administering the registrations of SEPs, essentiality checks and conciliation proceedings pursuant to this Regulation;
Amendment 368 #
2023/0133(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 374 #
2023/0133(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 378 #
2023/0133(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 389 #
Amendment 419 #
2023/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The competence centre shall create an entry in the register for a standard for which FRAND commitments have been made within 60 days from the earliest of the following events:
Amendment 421 #
2023/0133(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 423 #
2023/0133(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The competence centre shall publish a notice on the EUIPO website informing stakeholders that an entry in the register has been made and refer to the publications referred to in paragraph (1). The competence centre shall notify known SEP holders individually by electronic means and the relevant standard development organisation of the notice in this paragraph.
Amendment 427 #
2023/0133(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. A sample of SEP registrations shallmay be checked annually for completeness and correctness, if the SEP holder agrees to do so.
Amendment 428 #
2023/0133(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where the registration does not contain the information in accordance with Articles 4 and 5 or contains incomplete or inaccurate information, the competence centre shallcan request the SEP holder to provide the complete and accurate information within the set time limit of no less than 2 months.
Amendment 429 #
2023/0133(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 434 #
2023/0133(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 437 #
2023/0133(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
Amendment 441 #
2023/0133(COD)
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
Amendment 443 #
2023/0133(COD)
Proposal for a regulation
Article 24
Article 24
Amendment 456 #
2023/0133(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point d
Article 25 – paragraph 1 – point d
Amendment 458 #
2023/0133(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Such a request may be made at any time, except from the selection of the SEP for essentiality check pursuant to Article 29 until the publication of the result of the essentiality check in the register and database pursuant to Article 33(1).
Amendment 463 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Amendment 465 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. A conciliator shall conduct the following tasks:serve in a FRAND determination.
Amendment 468 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 471 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 474 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
Amendment 476 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The evaluators and conciliators shall have the requisite expertise and experience, be unbiased and independent and adhere to a code of conduct.
Amendment 478 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 481 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – introductory part
Article 26 – paragraph 5 – introductory part
5. By [OJ: please insert the date = 1824 months from entry into force of this regulation], the Commission shall by means of an implementing act adopted in accordance with the examination procedure referred to in Article 68(2), lay down the practical and operational arrangements concerning:
Amendment 487 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point a
Article 26 – paragraph 5 – point a
(a) the requirements for evaluators or conciliators, including a Code of Conduct;
Amendment 489 #
2023/0133(COD)
Proposal for a regulation
Article 26 – paragraph 5 – point b
Article 26 – paragraph 5 – point b
(b) the procedures pursuant to Articles 17, 18, 31 and 32 and Title VI.
Amendment 495 #
2023/0133(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 502 #
2023/0133(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 512 #
2023/0133(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The competence centre shall select annually a sample of registered SEPs from different patent families from each SEP holder and with regard to each specific standard in the register for essentiality checks. Registered SEPs of micro and small enterprises shall be excluded from the annual sampling process. The checks shall be conducted based on a methodology that ensures the establishment of a fair and statistically valid selection that can produce sufficiently accurate results about the essentiality rate in all registered SEPs of a SEP holder with regard to each specific standard in the register. By [OJ: please insert the date = 1824 months from entry into force of this regulation] the Commission shall, by means of an implementing act, determine the detailed methodology. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 68(2).
Amendment 515 #
2023/0133(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
Amendment 516 #
2023/0133(COD)
Proposal for a regulation
Article 29 – paragraph 11
Article 29 – paragraph 11
Amendment 537 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
Amendment 544 #
2023/0133(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
Amendment 549 #
2023/0133(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 552 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The responding party shall notify the competence centre within 15 days from the receipt of the notification of the request for FRAND determination from the competence centre in accordance with paragraph (1). The response shall indicate whether the responding party agrees to the FRAND determination and whether it commits to comply with its outcome.
Amendment 558 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – introductory part
Article 38 – paragraph 3 – introductory part
3. Where the responding party does not reply within the time limit laid down in paragraph (2) or informs the competence centre of its decision not to participate in the FRAND determination, or not to commit to comply with the outcome, the following shall apply:the competence centre shall terminate the FRAND determination.
Amendment 560 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point a
Article 38 – paragraph 3 – point a
Amendment 565 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point b
Article 38 – paragraph 3 – point b
Amendment 568 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 3 – point c
Article 38 – paragraph 3 – point c
Amendment 574 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – introductory part
Article 38 – paragraph 4 – introductory part
4. Where the responding party agrees to the FRAND determination and commits to comply with its outcome pursuant to paragraph (2), including where, such commitment ishall contingent upon the commitment of the requesting party to comply with the outcome of the FRAND determination, the following shall apply:ue and, upon mutual agreement, the outcome may be binding for both parties.
Amendment 575 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point a
Article 38 – paragraph 4 – point a
Amendment 580 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point b
Article 38 – paragraph 4 – point b
Amendment 583 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point c
Article 38 – paragraph 4 – point c
Amendment 586 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 4 – point d
Article 38 – paragraph 4 – point d
Amendment 589 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 592 #
2023/0133(COD)
Proposal for a regulation
Article 38 – paragraph 6
Article 38 – paragraph 6
Amendment 597 #
2023/0133(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Following the reply to the FRAND determination by the responding party in accordance with Article 38(2), or the request to continue in accordance with Article 38(5), the competence centre shall propose at least 3 candidates for the FRAND determination from the roster of conciliators referred to Article 27(2). The parties or party shall select one of the proposed candidates as a conciliator for the FRAND determination.
Amendment 612 #
2023/0133(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. He/she shall communicate to the parties or the party requesting the continuation of the FRAND determination the conduct as well as the schedule of procedure.
Amendment 623 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The conciliator may invite the parties or the party requesting the continuation of the FRAND determination to meet with him/her or may communicate with him/her orally or in writing.
Amendment 628 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
Amendment 632 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
Amendment 633 #
2023/0133(COD)
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. At any stage of the procedure upon request by both parties, or the party requesting the continuation of the FRAND determination, as applicable, the conciliator shall terminate the FRAND determination.
Amendment 638 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
Amendment 646 #
2023/0133(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
Amendment 653 #
2023/0133(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. Where a parallel proceeding has been initiated before or during the FRAND determination by a party, the conciliator, or where he/she has not been appointed, the competence centre, shall terminate the FRAND determination upon the request of any other party.
Amendment 663 #
2023/0133(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. When submitting suggestions for FRAND terms and conditions, the conciliator shall take into account the impact of the determination FRAND terms and conditions on the value chain and on the incentives to innovation of both the SEP holder and the stakeholders in the relevant value chain. To that end, the conciliator may rely on the expert opinion referred to in Article 18 or, in case of absence of such an opinion request additional information and hear experts or stakeholders.
Amendment 685 #
2023/0133(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. At the latest 45 days before the end of the time limit referred to in Article 37, the conciliator shall submit a reasoned proposal for a determination of FRAND terms and conditions to the parties or, as applicable, the party requesting the continuation of the FRAND determination.
Amendment 689 #
2023/0133(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Either party may submit observations to the proposal and suggest amendments to the proposal by the conciliator, who may reformulate its proposal to take into account the observations submitted by the parties and shall inform the parties or the party requesting the continuation of the FRAND determination, as applicable, of such reformulation.
Amendment 696 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 1 – introductory part
Article 56 – paragraph 1 – introductory part
1. In addition to the termination of the FRAND determination for reasons provided for Article 38(43), Article 44(3), Article 45(54), Article 46(2), point (b), Article 46(3) and Article 47(2), the FRAND determination shall be terminated in any of the following ways:
Amendment 705 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 1 – point d a (new)
Article 56 – paragraph 1 – point d a (new)
(da) A binding FRAND determination agreed between parties pursuant to Article 38(4) shall terminate when the conciliator makes its final seasoned proposal under Article 55.
Amendment 707 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
Amendment 710 #
2023/0133(COD)
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
Amendment 728 #
2023/0133(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. The competence centre shall offer training, guidance and support on SEP related matters for micro, small and medium-size enterprises free of charge. To offer these trainings, the competence centre can work together with the Commission, national patent offices and governmental schemes.
Amendment 729 #
2023/0133(COD)
Proposal for a regulation
Article 61 – paragraph 1 a (new)
Article 61 – paragraph 1 a (new)
1a. The competence centre will maintain a list all the relevant existing patent pools for the various standards and facilitate establishing contacts between those patent pools and SMEs.
Amendment 740 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 2 – point a
Article 63 – paragraph 2 – point a
Amendment 743 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 2 – point b
Article 63 – paragraph 2 – point b
Amendment 747 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 3 – point a
Article 63 – paragraph 3 – point a
Amendment 749 #
2023/0133(COD)
Proposal for a regulation
Article 63 – paragraph 3 – point b
Article 63 – paragraph 3 – point b
Amendment 754 #
2023/0133(COD)
Proposal for a regulation
Article 64 – paragraph 2
Article 64 – paragraph 2
2. If the amounts requested are not paid in full within 10 days after the date of the request, the competence centre may notify the defaulting party and give it the opportunity to make the required payment within [5] days. It shall submit a copy of the request to the other party, in case of an aggregate royalty or FRAND determination.
Amendment 756 #
2023/0133(COD)
Proposal for a regulation
Article 66
Article 66
Amendment 764 #
2023/0133(COD)
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. The power to adopt a delegated act referred to in Articles 1(4)2, 4(5) and 66(44(5) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 766 #
2023/0133(COD)
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
3. The delegation of power referred to in Articles 1(4)2, 4(5) and 66(44(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 768 #
2023/0133(COD)
Proposal for a regulation
Article 67 – paragraph 6
Article 67 – paragraph 6
6. A delegated act adopted pursuant to Articles 1(4)2, 4(5) and 66(44(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.
Amendment 95 #
2023/0124(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure a high level of protection of the aspects of public interest, and to guarantee fair competition on the internal market, economic operators should be responsible for the compliance of detergents or surfactants with this Regulation, in relation to their respective roles in the supply chain. Whenever appropriate, mManufacturers and importers should carry out sample testing of the detergents and surfactants that they have made available on the market, in order to protect the health and safety of consumers and the environment.
Amendment 97 #
2023/0124(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to safeguard the functioning of the internal market and to ensure that the objective of providing a high level of protection of health and the environment is achieved, it is necessary to establish that detergents and surfactants from third countries entering the Union market also comply with this Regulation. In particular, it is necessary to ensure that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products. It is also necessary to lay down rules for importers to ensure that the detergents and surfactants they place on the market comply with those requirements and that the documentation drawn up by manufacturers and, where relevant, the CE marking are available for inspection by the competent national authorities. Provision should also be made for importers to ensure that a product passport is available for those products.
Amendment 100 #
2023/0124(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 102 #
2023/0124(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30 a) To ensure that the language used on packaging can be easily understood by end-users, Member States could use the same requirements as laid down in Article 13 of Regulation (EU) No 1169/2011 (on provision of food information to consumers).
Amendment 104 #
2023/0124(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Digital labelling could improve the communication of labelling information both by avoiding overcrowded physical labels and by allowing users to rely on various reading options available only for digital formats, such as increased font, automatic search, loud speakers or translation into other languages. Providing digital labels could also lead to a more efficient management of the labelling obligations by economic operators, by facilitating the update of labelling information, reducing labelling costs and permitting a more targeted information of users. Therefore, economic operators should be allowed to provide certain labelling information only through the digital label subject to certain conditions to ensure a high level of protection of detergents’ users.
Amendment 105 #
2023/0124(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To avoid imposing an unnecessary administrative burden for economic operators and since, in most cases, the digital label is only complementary to the physical one, economic operators should be able to decide whether to use digital labels or provide all the information on a physical label only. Tadded to the physical one, the choice to provide a digital label should rest with manufacturers and importers, who are responsible for providing the accurate set of labelling information.
Amendment 107 #
2023/0124(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Digital labelling could also create challenges for the vulnerable population groups with no or insufficient digital skills and lead to an accentuation of the digital divide. For this reason, the specific information to be provided only in a digital label should reflect the current state of the digitalisation of the society and the particular situation of detergents users. Digital labels should always have one additional option for end users with insufficient digital skills, such as an AI voice assistant reading out the label. In addition, all the labelling information concerning the protection of health and the environment, including on the existence of allergens, as well as minimum use instructions of detergents, should remain on the physical label, to enable all end- users to make informed choices before buying the detergent and to ensure its safe handling.
Amendment 109 #
2023/0124(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 110 #
2023/0124(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) For detergents and surfactants sold to end users in a refill format, the physical and digital labelling shall be printed in the place where the refill is for sale. It is important that these end users also have the latest information regarding the product they are buying.
Amendment 111 #
2023/0124(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) To ensure a level playing field among economic operators making available detergents on the market, and to protect end-users, general requirements for digital labelling should be laid down. For example, economic operators should ensure free and easy access to digital labels, available in maximum two buttons or clicks, and that mandatory labelling information requested under this Regulation is separated from other information.
Amendment 112 #
2023/0124(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Given the current development of the digital skills, economic operators should also provide the labelling information by alternative means to end- users when they cannot access the digital label. This obligation should be imposed as a safety measure to reduce any potential risks by the unavailability of the labelling information, in particular as regards refilled detergents, where all the information may be provided in a digital label.
Amendment 114 #
2023/0124(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) It is crucial to make clear to both manufacturers and users that by creating the product passport for detergent or surfactant and, where relevant, by affixing the CE marking, the manufacturer declares that the detergent or surfactant is in conformity with all applicable requirements and that the manufacturer takes full responsibility thereof.
Amendment 115 #
2023/0124(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Where certain information is provided only digitally, it is necessary to clarify that this information needs to be provided separately and clearly distinguished from each other but through a single data carrier. This will facilitate the work of market surveillance authorities but also provide clarity to end users regarding the different pieces of information that are available to them in a digital format.
Amendment 116 #
2023/0124(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(c a) Regulation (EU) No 2022/0095 of the European Parliament and of the Council.
Amendment 121 #
2023/0124(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
Amendment 122 #
2023/0124(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 34 a (new)
Article 2 – paragraph 1 – point 34 a (new)
(34 a) ‘model’ means a specific type of detergent or surfactant, which includes a product name and a unique formula, according to the Unique Formula Identifier (UFI);
Amendment 124 #
2023/0124(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2 – point c
Article 7 – paragraph 2 – subparagraph 2 – point c
Amendment 128 #
2023/0124(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 141 #
2023/0124(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Manufacturers that are not established in the Union should inform the national competent authorities of the postal address and e-mail address of their authorised representative.
Amendment 148 #
2023/0124(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 149 #
2023/0124(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where an importer considers or has reason to believe that a detergent or surfactant is not in conformity with this Regulation, the importer shall not place the detergent or surfactant on the market until it has been brought into conformity. Furthermore, where the detergent or surfactant presents a risk to health or to the environment, the importer shall immediately inform the manufacturer and the market surveillance authorities to that effect.
Amendment 151 #
2023/0124(COD)
Proposal for a regulation
Article 9 – paragraph 7
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 an internal 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. The register shall be available to competent national authorities upon request.
Amendment 161 #
2023/0124(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 165 #
2023/0124(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 167 #
2023/0124(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1 – point a
Article 15 – paragraph 3 – subparagraph 1 – point a
(a) a type number, batchmodel number or other element allowing their identification;
Amendment 168 #
2023/0124(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – introductory part
Article 16 – paragraph 1 – subparagraph 1 – introductory part
Where detergents or surfactants are made available on the market, they shall be accompanied by the label elements set out in Article 15(3) and, where applicable, Article 15(4) in the following form:
Amendment 169 #
2023/0124(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point a
Article 16 – paragraph 1 – subparagraph 1 – point a
(a) on a physical label; with the elements set out in Article 15(3) point (b), (c), (d) and (e); and
Amendment 170 #
2023/0124(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point b
Article 16 – paragraph 1 – subparagraph 1 – point b
(b) on a digital label and duplicated on a physical labelwith all the elements of Article 15.
Amendment 171 #
2023/0124(COD)
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
Amendment 172 #
2023/0124(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. By way of derogation from paragraph 1, where detergents are made available on the market directly to an end- user in a refill format, the label elements set out in Article 15(3) and (4) may be provided ion a digital label only, with the exception of dosage information for consumer laundry detergents as set out in point 1 and 2 of part B of Annex V, which needs to be provided also on a physical labelthe label or sticker to be printed at the location where it is for sale.
Amendment 177 #
2023/0124(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point i
Article 17 – paragraph 1 – point i
(i) the information on the digital label shall be easily accessible via the data carrier.
Amendment 180 #
2023/0124(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
In addition to the requirement in the first subparagraph, where detergents and surfactants are made available on the market in a refill format, the data carrier shall be present on the refill stationlabel or sticker to be printed at the location where it is for sale.
Amendment 182 #
2023/0124(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Where eEconomic operators provide ashall regarding their digital label, provide on their data carrier shall be accompanied by the statement ‘More comprehensive information on the product is available online’ or by a similar statement.
Amendment 184 #
2023/0124(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Economic operators providing a digital label shall not track, analyse or use any usage information for purposes other than what is absolutely necessary for providing the information on the digital label online.
Amendment 185 #
2023/0124(COD)
Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 1 – introductory part
Article 17 – paragraph 5 – subparagraph 1 – introductory part
Economic operators providing a digital label shall provide the information present in the digital label by other means in any of the following cases:
Amendment 186 #
2023/0124(COD)
Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 1 – point b
Article 17 – paragraph 5 – subparagraph 1 – point b
Amendment 187 #
2023/0124(COD)
Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 2 a (new)
Article 17 – paragraph 5 – subparagraph 2 a (new)
To access the digital label and the Digital Product Passport a single data carrier shall be used.
Amendment 188 #
2023/0124(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Before placing a detergent or surfactant on the market, manufacturers shall create a product passport for those products. The product passport shall meet the requirements laid down in this Article and Article 19, and the measures laid down in Article 8 and 9 of Regulation 2022/0095(COD).
Amendment 189 #
2023/0124(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) it shall correspond to a specific batchmodel of the detergent or surfactant, and be updated when the UPI of the detergent or surfactant changes;
Amendment 191 #
2023/0124(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point e
Article 18 – paragraph 2 – point e
(e) it shall be available in the language or a maximum of three languages required by the Member State where the detergent or surfactant is placed or made available on the market;
Amendment 194 #
2023/0124(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point f
Article 18 – paragraph 2 – point f
(f) it shall be easily accessible to end- users, market surveillance authorities, customs authorities, the Commission and other economic operators;
Amendment 199 #
2023/0124(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point i a (new)
Article 18 – paragraph 2 – point i a (new)
(i a) where applicable, protect confidential business information and ensure information is shared in a secure way.
Amendment 200 #
2023/0124(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
In addition to the requirement in the first subparagraph, where detergents and surfactants are made available on the market in a refill format, the data carrier shall be present on the refill stationlabel or sticker to be printed at the location where it is for sale.
Amendment 202 #
2023/0124(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Where economic operators provide a digital label, aA single data carrier shall be used to access the product passport and the digital label.
Amendment 204 #
2023/0124(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) all information included in the product passport shall be based on open standards developed with an interoperable format and shall be machine readable, structured and searchable, and in respect of confidential business information;
Amendment 207 #
2023/0124(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. BeNot later than 30 months after entry into force of the implementing acts defining technical requirements for the Digital Product Passport and the Data carrier and the establishment of EU registry for Unique Product Identifier and Unique Operator Identifier, economic operators shall upload, before placing a detergent or surfactant on the market, economic operators shall upload, in the registry established under Article 12(1) of Regulation (EU) …/… on Ecodesign for Sustainable Products the unique product identifier and the unique operator identifier for the detergent or surfactant.
Amendment 213 #
2023/0124(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point a
Article 25 – paragraph 1 – point a
Amendment 105 #
2023/0083(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16 , according to which producers should provide access to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means, apply, without prejudice to sensitive business information. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice and independent operators. To complement those measures, access for independent repairers, independent operators and consumers to spare parts and related information should be provided at a reasonable cost and in a non-discriminatory manner. Consequently, competition should be incentivised and consumers shall benefit from better services and lower prices when selecting a repairer. __________________ 16 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 (recast) (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).
Amendment 133 #
2023/0083(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage repair, Member States should ensure that for their territory at least one online platform exists which enables consumers to search for suitable repairers. That platform may be an existing or privately operated platform, if it meets the conditions laid down in this Directive. If such an online platform does not exist, Member States should seek to create one in collaboration with the involved economic operators. That platform should include user-friendly and independent comparison tools which assist consumers in assessing and comparing the merits of different repair service providers, thereby incentivising consumers to choose repair instead of buying new goods. While that platform aims at facilitating the search for repair services in business-to-consumer relationships, Member States are free to extend its scope also to include business- to-business relationships as well as community-led repair initiatives.
Amendment 145 #
2023/0083(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to facilitate obtaining the European Repair Information Form, the online platform should include the possibility for consumers to directly request that form from the repairer through the online platform. This possibility should be displayed in a prominent manner on the online platform. To create awareness of national online repair platforms and to facilitate access to such platforms across the Union, Member States should ensure that their online platforms are accessible through relevant national webpages connected to the Single Digital Gateway established by Regulation (EU) 2018/1724 of the European Parliament and of the Council20 . To raise consumer awareness of the online platform, Member States should undertake appropriate steps, for instance sign-post the online platform on related national websites or carry . Methods to raise awareness shall take into account communication campaignand be accessible for consumers with low literacy and digital skills. __________________ 20 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).
Amendment 153 #
2023/0083(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers. Such standard should take into consideration the specific needs of SMEs.
Amendment 154 #
2023/0083(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services within 36 months, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations, including SME representative organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers.
Amendment 155 #
2023/0083(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The Commission should enable the development of a voluntary European quality standard for repair services, for instance by encouraging and facilitating voluntary cooperation on a standard between businesses, public authorities and other stakeholders or by issuing a standardisation request to the European standardisation organisations. A European standard for repair services could boost consumer trust in repair services across the Union. Such standard could include consumer safety, as well as aspects influencing consumer decisions on repair, such as the time to complete repair, the availability of temporary replacement goods, quality assurances such as a commercial guarantee on repair, and the availability of ancillary services such as removal, installation and transportation offered by repairers.
Amendment 161 #
2023/0083(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to promote repair within the liability of the seller as established in Directive (EU) 2019/771, the harmonised conditions under which the choice between the remedies of repair and replacement can be exercised should be adapted. The principle established in Directive (EU) 2019/771 to use the consideration whether the remedy chosen would impose costs on the seller that are disproportionate as compared to the other remedy, as one of the criteria to determine the applicable remedy, should be maintained. The consumer remains entitled to choose repair over replacement, unless repair would be impossible or it would impose disproportionate costs on the seller as compared to replacement. However, where the costs for replacement are higher than or equal to the costs of repair, the seller should always provide the option to repair the goods. Hence, the consumer is entitledleft free to choose replacement or repair as a remedy only where it is cheaper than repair. Directive (EU) 2019/771 should therefore be amended accordingly.
Amendment 165 #
2023/0083(COD)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) Consumers shall have the freedom of choice of where they want to have their goods repaired. This repair can be done by either the producer or an independent repairer. In order for independent repairers to be able to repair the goods, they should have fair access to spare parts, repair related information and tools at reasonable and non-discriminatory terms.
Amendment 170 #
2023/0083(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to allow economic operators to adapt, transitional provisions concerning the application of some Articles of this Directive should be introduced. Thus, the obligations to repair and to provide related information on this obligation should apply to contracts for the provision of repair services after [2430 months after the entry into force]. The amendment to Directive (EU) 2019/771 should apply only to sales contracts concluded after [2430 months after the entry into force] to ensure legal certainty and to provide sellers with sufficient time to adapt to the amended remedies of repair and replacement.
Amendment 183 #
2023/0083(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2. ‘repairer’ means any natural or legal person who, related to that person’s trade, business, craft or profession, provides a repair service, including producers and sellers that provide repair services and repair service providers whether independent or affiliated with such producers or sellers;, as well as repair cafés.
Amendment 187 #
2023/0083(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
10a. ‘independent operator’ is a natural or legal person, other than an authorised dealer or repairer, who is directly or indirectly involved in the repair and maintenance of the product, and include repairers, manufacturers or distributors of repair equipment, tools or spare parts, as well as publishers of technical information, assistance operators, operators offering inspection and testing services, operators offering training for installers and remote service suppliers.
Amendment 192 #
2023/0083(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall not maintain or introduce in their national law provisions diverging from those laid down in this Directive in order to achieve a better functioning of the internal market.
Amendment 203 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
The repairer may request the consumer to pay the necessary costs the repairer incurs for providing the information included in the European Repair Information Form. Where a physical examination of the product is required for estimating the price of repair, the repairer may request the consumer to pay the necessary costs involved for such physical examination.
Amendment 208 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Producers shall provide in a clear manner all available information necessary for the repairer to complete the European Repair Information Form.
Amendment 209 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. The European Repair Information Form shall, where relevant and possible, specify the following conditions of repair in a clear and comprehensible manner:
Amendment 225 #
2023/0083(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The repairer shall not alter the conditions of repair specified in the European Repair Information Form for a period of 30 calendar days as from the date on which that form was provided to the consumer, unless the repairer and the consumer have agreed otherwise or in the event of obvious mistakes, such as typos. If a contract for the provision of repair services is concluded within the 30 day period, the conditions of repair specified in the European Repair Information Form shall constitute an integral part of that contract.
Amendment 232 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that upon the consumer’s request, the producer shall repair, for free or against a price or another kind of consideration, goods for which and to the extent that reparability requirements are provided for by Union legal acts as listed in Annex II. The producer shall not be obliged to repair such goods where repair is impossible. The producer may sub-contract repair in order to fulfil its obligation to repair. In such case, the producer shall contribute to the necessary measures for repair, by providing information, specifications and elements so that the repairer, at the request of the consumer, can actually perform the repair service. Where repair cannot be reasonably expected, the producer has the right to replace the good with a refurbished good.
Amendment 241 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that upon the consumer’s request, the producer shall repair, for free or against a price or another kind of consideration, goods for which and to the extent that reparability requirements are provided for by Union legal acts as listed in Annex II. The producer shall not be obliged to repair such goods where repair is impossiblecannot reasonably be expected. The producer may sub-contract repair in order to fulfil its obligation to repair.
Amendment 252 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the producer obliged to repair pursuant to paragraph 1 is established outside the Union, its authorised representative in the Union shall perform the obligation of the producer. Where the producer has no authorised representative in the Union, the importer of the good concerned shall perform the obligation of the producer. Where there is no importer, the distributor of the good concerned shall perform the obligation of the producer. Where the importer or distributor of the good is based outside of the Union, the producer is required to have an authorised representative in the Union to perform the obligation of this Directive.
Amendment 256 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Producers shall ensure that independent repairers have access to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II without prejudice to the protection of sensitive information and business secrets foreseen in Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016.
Amendment 261 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Producers shall ensure that independent repairers and operators have access to spare parts with a reasonable and non-discriminatory price, and repair- related information and tools in accordance with the Union legal acts listed in Annex II.
Amendment 277 #
2023/0083(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission is empowered to adopt delegated acts, after a comprehensive assessment, in accordance with Article 15 to amend Annex II by updating the list of Union legal acts laying down reparability requirements in the light of legislative developments.
Amendment 289 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that at least one online platform exists for their territory that allows consumers to find repairers. That platform shall where possible:
Amendment 290 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that at least one online platform exists for their territory that allows consumers to find repairers. That platform shall:
Amendment 294 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) allow for consumers to provide a review or rating, reflect the quality of repairers’ work;
Amendment 300 #
2023/0083(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Registration on the online platform for repairers, as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of charge for consumers and independent repairers which are microenterprises, small or medium sized enterprises within the meaning of Commission Recommendation 2003/361/EC45.
Amendment 314 #
2023/0083(COD)
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Member States shall take appropriate measures to assist small and medium sized enterprises within the meaning of Commission Recommendation 2003/361/EC in applying the requirements set out in this Directive. Such measures should include, but not be limited to, promoting guidelines to raise awareness of ways to comply with the requirements set out in this Directive.
Amendment 323 #
2023/0083(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to Articles 4, 5 and 6 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Penalties imposed to economic operators that are SMEs shall take into account the financial capabilities and the size of the concerned enterprise.
Amendment 324 #
2023/0083(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States shall ensure that non-exhaustive and indicative criteria are taken into account for the imposition of penalties, such as: (a) the nature, gravity, scale and duration of the infringement; (b) any action taken by the trader to mitigate or remedy the damage suffered by consumers; (c) any previous infringements by the trader; (d) the financial benefits gained or losses avoided by the trader due to the infringement, if the relevant data are available; (e) penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394[A1] of the European Parliament and of the Council; (f) any other aggravating or mitigating factors applicable to the circumstances of the case.
Amendment 349 #
2023/0083(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Directive (EU) 2019/771
Article 13(2)
Article 13(2)
Amendment 358 #
2023/0083(COD)
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Replacement can be carried out by providing a refurbished product.
Amendment 363 #
2023/0083(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Article 5(1) and (2) and Article 6 of this Directive shall not apply to contracts for the provision of repair services concluded before [2430 months after the entry into force].
Amendment 366 #
2023/0083(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Article 12 of this Directive shall not apply to sales contracts concluded before [2430 months after the entry into force]
Amendment 26 #
2023/0049(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The choice to provide a digital label lies primarily with manufacturers and importers, who are responsible for fulfilling the labelling requirements set out in Annex III to Regulation (EU) 2019/1009, ensuring they can make informed decisions tailored to their product range and intended customers. Nevertheless, to maximise the use of digital labels and thereby improve the communication of information to users, distributors should also have the possibility to digitise the label of EU fertilising products that they make available on the market, based on the information already provided by the manufacturer, through a collaborative approach that will provide a consistent flow of accurate information throughout the supply chain. The extent of digital labelling should depend on two factors: if the EU fertilising products are made available to economic operators or to end- users and if the products are provided with or without a packaging.
Amendment 30 #
2023/0049(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Physical labels remain the preferred way of obtaining information for end-users as by being affixed to packaging such physical labels offer immediate access to information. In addition, the vast majority of EU fertilising products available on the market are used by professional users, such as farmers and agricultural contractors. While professional users are well accustomed with fertilising products and often relysometimes make use onf consultancy for their fertilisation plans, they tend to belong to more advanced age groups, with more reduced digital skillssome professional users may have reduced digital skills for a multitude of reasons. In addition, less developed rural regions may face fluctuating access to internet in the field or on the farm.
Amendment 31 #
2023/0049(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Where economic operators opt for digital labelling of EU fertilising products supplied to end-users in a packaging, they should therefore ensure that a minimum set of information is also available on the physical label. In this context and with regard to other rules specific to products made available in a packaging, a packaging should contain no more than 1000 kg in coherence with Commission Regulation (EU) No 142/201124 to ensure that larger quantities, typically used in industrial settings, are treated differently from consumer-oriented packages. Products supplied in a packaging exceeding this limit should be considered as being supplied without a packaging for the purpose of Regulation (EU) 2019/1009. This will also address the challenges that vulnerable population groups may face. The specific information that economic operators should be allowed to provide only on a digital label should therefore reflect the current state of the digitalisation of the society and the particular situation of the users of EU fertilising products, recognizing the diverse user base, from computer literate individuals to those less familiar with digital platforms and lacking basic literacy and numeracy skills, is crucial. In order to enable all end- users to make informed choices before buying EU fertilising products and to ensure the safe handling and use of such products by all groups of end-users, labelling information concerning the protection of human health and the environment, as well as minimum information on the agronomic efficiency of the EU fertilising products and on their content and use, should always be provided on the physical label. Regulation (EU) 2019/1009 should clearly indicate which information may be provided only digitally. _________________ 24 Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive, OJ L 54, 26.2.2011, p. 1A dual approach to digital and physical labeling ensures that while we move towards a more digital future, we do not leave behind those who rely on traditional means of information. Regulation (EU) 2019/1009 should clearly indicate which information may be provided only digitally.
Amendment 34 #
2023/0049(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) For EU fertilising products supplied without packaging, the economic operators are to provide the labelling elements in a leaflet to secure that even without direct packaging, essential information is still accessible to the user, including those lacking basic literacy skills. The leaflet, contrary to physical labels, has no physical link to the product itself and therefore does not offer immediate access to the information relevant to the product when handling it, but must serve as a bridge between the product and the user, ensuring that vital details are not lost. Providing the same labelling elements in digital format would imply an adjustment of the way the information is retrieved without creating significant risks to users. The digital format should be flexible and updated in real-time, ensuring that users can access the most current information. Economic operators should therefore be allowed to provide all the labelling elements referred to in Annex III of Regulation (EU) 2019/1009 in a digital label only for the EU fertilising products supplied without packaging. Where the economic operators choose to provide, in addition to a digital label, a physical label, they should be free to decide which labelling elements to include in that physical label.
Amendment 38 #
2023/0049(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure that users receive all the labelling elements on the digital label and will not need to compile the information both from a physical and a digital label, economic operators using a digital label should be required to include all such labelling elements in that label, even if they are also included on the physical label to ensure a one-stop source for all necessary information. The digital label should also contain information allowing end-users to identify and contact the manufacturer of the EU fertilising products, as this is an essential piece of information and providing it digitally will facilitate the link between the product and the digital labelsince it is necessary to have a direct communication line to enhance trust and transparency between the manufacturer and the end-user. In addition, given that fertilising products are also placed on the market as non- harmonised products, it is importantcrucial to include on the digital label the CE-mark and any corresponding reference to a notified body, so that end-users can deduce only from using the digital label that the product is marketed in accordance with Regulation (EU) 2019/1009. However, to facilitate the update of certain information to be provided by the manufacturers, which changes frequently and is not used on a daily basis by end-users (more precisespecifically, the batch number and the production date), the manufacturers should have the choiceoption to provide the information either physically or digitally based on flexibility that should lead to more prompt and accurate updates, benefiting both manufacturers and end-users.
Amendment 40 #
2023/0049(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Since digital labels, similarly to physical labels, are a means of providing mandatory information on EU fertilising products to users, economic operators should ensure free access to digital labels. In addition, and in order to improve the chances that users will in practice retrieve the information, the information provided on the digital label should be easily accessible. Economic operators should not mix the information required by Regulation (EU) 2019/1009 with other information not requested by Regulation (EU) 2019/1009, such as marketing or commercial statements. Digital space has no space limitations typical for physical labels affixed to the packaging. It is therefore important to keep the labelling elements provided in accordance with Regulation (EU) 2019/1009 concentrated in one place, so that they are not difficult to find among various other information which economic operators might provide. Economic operators should also ensure that digital labels are presented in a way that takes into account the needs of vulnerable population groups, to further reduce the challenges such groups may face. At the same time, the fact that digital labels do not have space limitations also provides an opportunity to provide additional information regarding the use of the EU fertilising product, such as recommendations and best practises to limit nutrient losses. Economic operators should therefore have the possibility to provide this information in the digital label.
Amendment 42 #
2023/0049(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Taking into account both the interest of users to have access to information about EU fertilising products with a relatively long shelf life and the interest of economic operators to avoid unnecessary costs, economic operators should ensure that the digital label is available for aat least until the expiry date of the EU fertilising product, and for a minimum period of 510 years from the moment that the EU fertilising product is placed on the market.
Amendment 44 #
2023/0049(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to reduce any potential risks caused by the unavailability of the digital label to vulnerable population groups, in particular as regards EU fertilising products supplied without packaging to end-users, where all the labelling elements may be provided digitally, economic operators should be responsible for providing the labelling elements by alternative means to end-users, upon request. Additionally, proactive measures should be taken to inform end- users in advance in scenarios with a foreseeable digital disruption. Whenever the digital label is temporarily unavailable, the information should be provided even without a request. The provided information should be accessible for end- users lacking basic literacy skills.
Amendment 45 #
2023/0049(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The requirements for the technical documentation set out in Annex IV to Regulation (EU) 2019/1009 should be adjusted to take into account the introduction of digital labels. Given the evolving nature of digital platforms and the need for consistent accessibility, these adjustments must be periodically reviewed. In addition, taking into account the possibility to provide only a digital label for EU fertilising products made available to blenders, to facilitate market surveillance, the technical documentation of fertilising products blends should include a specimen of the information provided under Annex III to Regulation (EU) 2019/1009 on the component EU fertilising products to secure that all stakeholders, from manufacturers to end- users lacking basic literacy, numeracy and digital skills, have a clear understanding of the product's components and their respective origins.
Amendment 47 #
2023/0049(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) When setting out more detailed rules for digital labelling, the Commission should pay particular attention to other Union rules on the provision of information about products or substances and mixtures in a digital format. It should be possible to access all the information requested by various Union rules in one digital space, so that the users have easy access to all the information needed. Ensuring a harmonized approach across different sectors will simplify the user experience and encourage trust in digital information sources. Furthermore, integrating these digital platforms can provide a more comprehensive and user- friendly interface, promoting consumer transparency and informed decision- making.
Amendment 48 #
2023/0049(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) When deciding which labelling elements may be provided only digitally by economic operators making available on the market EU fertilising products in a packaging to end-users, the Commission should take into account the level of digital readiness among users of EU fertilising products and the need to keep the use of such products safe for human health and the environment. Additionally, consideration should be given to the evolving digital landscape, ensuring that as technology advances, digital labeling remains accessible and user-friendly. It is crucial to continuously assess the feedback from end-users and stakeholders to ensure that the digital labeling system meets their needs and addresses any emerging concerns.
Amendment 69 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11b – paragraph 1a (new)
Article 11b – paragraph 1a (new)
1a. The digital label may include voluntary recommendations and best practises for the use of the EU fertilising product, for example with the aim to limit nutrient losses.
Amendment 70 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11b – paragraph 3 (b)
Article 11b – paragraph 3 (b)
(b) easily and directly accessible, without a need to register in advance, to download or install applications or to provide a password;accessible to all potential users in the Union; in particular through all major operating systems and web browsers;
Amendment 73 #
2023/0049(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/1009
Article 11b – paragraph 3e
Article 11b – paragraph 3e
(e) available for aat least until the expiry date of the EU fertilising product, and for a minimum period of 510 years from the moment that the EU fertilising product is placed on the market, including in case of an insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created it.
Amendment 13 #
2022/2058(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas harmonised standards may be used to confer a presumption that products to be made available on the market are in conformity with the essential requirements that are laid down in the relevant Union harmonisation legislation for those products when they comply with the harmonised standards;
Amendment 45 #
2022/2058(INI)
Motion for a resolution
Paragraph 4
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 needs, planning future activities and coordinating approaches in standardisation bodies; underlines that this expert group should include a diverse range of stakeholders, including SME associations, without losing sight of the bottom-up, market- driven nature of standardisation activities;
Amendment 52 #
2022/2058(INI)
Motion for a resolution
Paragraph 6
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 andtimely adoption of standards and legislative provisions with relevance to standardisation as well as the consistent application of the New Legislative Framework; considers that the person holding this oversight function should be an important interlocutor for Parliament, enabling the technical scrutiny of the Commission’s standardisation activities;
Amendment 59 #
2022/2058(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the Commission should, in consultation with the European Standardisation Organisations, establish a clear set of key performance indicators on the aspects of standardisation within its remit;
Amendment 78 #
2022/2058(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that there may be inherent limits to speeding up the standardisation process, as the preparation of standards, 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, but 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 needearly 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 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;
Amendment 90 #
2022/2058(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that an evaluation of Regulation (EU) 1025/2012 may identify areas where further efforts with the option of a reform, isf deemed necessary, are 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 beneficial and complementary to work envisaged by the ESOs following the Commission’s call for them to present proposals to reform their own internal governance;
Amendment 96 #
2022/2058(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Highlights the role of SME participation in the standardisation process and believes it should be increased and improved, especially in international standardisation; calls for sufficient financial support to be provided to facilitate the participation of SMEs and SME associations and to make use of existing tools and guidance that take into account the needs and interests of SMEs;
Amendment 107 #
2022/2058(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises the need for a consistent approach towards technical or common specifications, in particular as different legislative processes mare currently giveing rise to divergent provisions; considers, therefore, that this mechanism should only be used in exceptional circumstances and only while relevant standards do not existhighlights the importance of linkage between common specifications and existing European and international standards in order to ease compliance, especially for small and medium sized companies; considers, therefore, that this mechanism should only be used in exceptional cases where the Commission has requested one or more European standardization organisations (ESOs) to draft a harmonised standard and there are undue delays in the standardisation procedure or the request hast, without reason, not been accepted, only after consultation with the ESOs and only when relevant standards do not exist and are not expected to be published within a reasonable period; expresses concern about technicalcommon specifications concerning, among other things, respect for fundamental rights, where recourse to implementing acts affects the co- legislators’ powers of scrutiny; stresses the need for a harmonized approach towards common specifications throughout different Union legislative acts;
Amendment 118 #
2022/2058(INI)
Motion for a resolution
Paragraph 15
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 technicalcommon specifications;
Amendment 129 #
2022/2058(INI)
Motion for a resolution
Paragraph 17
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 and foster cooperation between likeminded democratic partners; encourages, in this regard, the Commission and the CSO to develop key performance indicators to monitor commitments on standardisation between the Union and third countries in consultation with the European standardisation organisations;
Amendment 142 #
2022/2058(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Underlines that the European Commission should promote the New Legislative Framework, the use and integration of international standards and coordination among all actors, through Free Trade Agreements and in particular with regard to the Global Gateway;
Amendment 1 #
2022/2040(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to the Commission proposal for a regulation on prohibiting products made with forced labour on the Union market (COM 2022/453)
Amendment 6 #
2022/2040(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the recent external shocks caused by violent conflicts,Russia’s war of aggression against Ukraine, the COVID-19 pandemics and arbitraryin the resulting disruptions of supply chains have tested the resilience of economies worldwide; whereas the EU’s economy has shown itself to beto be resilient and recovering quickly due to the coordinated EU level response; whereas the EU economy is highly dependent on 137 products, in particular those related to energy and critical raw materials, medicines and health products, cutting- edge and cloud technologies, batteries and semiconductors;
Amendment 19 #
2022/2040(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the World Trade Organization (WTO) should bring a higher level of transparency to trade and trade- related measures for its members, as divisions risk undermining the maintenance and openness of global supply chains; whereas certain WTO members, such as China, disregard global trade rules they signed up to on WTO level, damaging multilateralism and disrupting global supply chains;
Amendment 26 #
2022/2040(INI)
Motion for a resolution
Recital C
Recital C
C. whereas largeRussia’s war of aggression against Ukraine, increases in commodity prices, higher prices around the globe and a troublesomefor both products and resources around the globe resulting in more competition in global supply chains and a spike in inflation are expected to further challenge global supply chains;
Amendment 42 #
2022/2040(INI)
Motion for a resolution
Recital F
Recital F
F. whereas small and medium-sized enterprises (SMEs) account for 99 % of all EU businesses, 65 % of all EU jobs and more than 50 % of the EU’s economic output from the non-financial sector; whereas SMEs are more vulnerable to supply chain disruptions and energy scarcity than larger companies;
Amendment 46 #
2022/2040(INI)
Motion for a resolution
Recital G
Recital G
G. whereas in order to increase the resilience of its supply chains, the EU should implement a combination of different commodity-based solutions, including boosting existing EU production, reshoring and nearshoring, stockpiling,supply chain disruptions and the current geopolitical context present challenges and opportunities for the EU, such as promoting the circular economy and diversifying suppliers through strategic free trade and investment agreements, sectoral partnerships and alliances, and trade and technology councils for critical goods, and advancing work on trade and technology councils with strategic partners such as the US, Japan and Taiwan;
Amendment 54 #
2022/2040(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that for the resilience of the EU economy and international trade relations it is crucial to develop an EU respondse to the possible negative consequences of any external shocks with a coordinated approach at national and EU level;
Amendment 59 #
2022/2040(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to assess existing and potential trade shortages, mitigate the consequences of external shocks, and pay special attention to the sensitive sectors outlined hereafter, which are particularly crucial to developing or and enhancinge the EU level approach to strengthening resiliencesupply chain resilience on EU level, and in the specific supply chains;
Amendment 78 #
2022/2040(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the war inRussian war of aggression against Ukraine and the subsequent justified sanctions on Russia have increased the difficulty of sourcingdisruptions in global supply chains for critical raw materials; takes note ofwelcomes the announcement of the forthcoming publication of the Critical Raw Materials Act during the 2022 State of the Union address; underlines the potential of strategic partnerships for critical raw materials, such as the Strategic Partnership on raw materials with Canada; recalls that critical raw materials are crucial for the EU’s open strategic autonomy, the digital and green transitions, and the resilience of the EU on the long term; calls on the Commission to work together with our global partners to diversify supply chains and ensure access to critical raw materials on the long term;
Amendment 94 #
2022/2040(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. HopeExpects that the EU Chips Act will effectively catalyse EU competitiveness and resilience in semiconductor technologies and applications; asks the Commission to also focus on the production of basic chips necessary for the production of goods with high added value, such as those used in the automotive sector; underlines the need for cooperation with likeminded partners to ensure access to global supply chains, as well as cooperation on critical technology and global standard-setting for emerging technologies;
Amendment 114 #
2022/2040(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that medical supply chains can be strengthened by investing in skills, building health data infrastructure, and supporting regulatory framework and intellectual property policies that foster innovation and ensure affordable medicines; Underlines the multilateral dimension of pandemic preparedness, both in the WTO and the WHO; stresses that the Commission must ensure that the lessons learned from the COVID-19 pandemic should lead to a better preparedness in future crisis and ensure better alignment on the EU level; calls for enhanced cooperation with global partners to ensure access to medicines and health products, as well as more diversification of supply chains for critical goods in times of shortages and crises;
Amendment 122 #
2022/2040(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the need for a harmonised approach on the unilateral, bilateral and multilateral levelEU assessment of the approach towards critical supply chains on the unilateral, bilateral and multilateral level; underlines that an assessment should look into the potential positive and negative effects with a short- , medium- and long-term perspective;
Amendment 128 #
2022/2040(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the development of an EU toolbox of autonomous trade instruments, including anthe anti-coercion instrument, the foreign-direct-investment screening mechanism, the foreign subsidies instrument and the international procurement instrument as well as the creation of the post of Chief Trade Enforcement Officer (CTEO) to respond to these emerging challenges; underlines the importance of the CTEO in relation to keeping supply chains open and tackling unfair trade practices;
Amendment 143 #
2022/2040(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that in cooperation with the Member States and international partners, the EUCommission must guarantee freedom of the sea and trade routes and thus ensureto ensure open trade routes for global access to goods, raw materials, energy and export markets;
Amendment 147 #
2022/2040(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that the EU’s research and development policy should be promoted further while guaranteeing openness of trade and investment relations, and exchanges among different research hubs, universities, stakeholders, regions and Member States in order to significantly boost the EU’s digital independence;
Amendment 148 #
2022/2040(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to thoroughly review how and to what extent transfers of emerging and disruptive technologies are taking place from the EU to authoritarian states via trade and investment flows; calls on the Commission to advance new measures to limit such transfers, including supply- chain cooperation with like-minded partners, such as through Trade and Technology Councils, as well as through other potential bilateral initiatives;
Amendment 150 #
2022/2040(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 155 #
2022/2040(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States and the Commission to start aadvance the dialogue with neighbouring countries on the possibility of nearshoring producsupply chain diversification and increasing regulatory cooperation in order to boost the security of supply and diversify its sources at the same time;
Amendment 165 #
2022/2040(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that the circular economy action plan is intended to help the EU to reduce its overdependence on certain external players so as to support strategic autonomy in a wide range of sectors, including miningactors; underlines support for the goal of open strategic autonomy, with a focus on diversification of supply for a wide range of critical sectors through cooperation with likeminded partners;
Amendment 170 #
2022/2040(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Underlines the potential of concluding trade and investment agreements with likeminded global partners for the open strategic autonomy of the EU, and the potential of enhanced partnerships through multilateral fora such as the WTO, TTCs, the OECD and the G7;
Amendment 178 #
2022/2040(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that free trade agreements (FTAs) may btrade and investment agreements are crucial tofor diversifying sources of supply and reducing the EU’s dependence on just a few countries; calls foron the EU to prioritise strategic FTAs with a particular focus on chapters on raw materials and energy,Commission to conclude new, ambitious, sustainable and forward- looking trade and investment agreements to enhance cooperation with our global partners on critical sectors, such as raw materials and energy, as well as cooperation on technical barriers to trade and regulatory cooperation;
Amendment 183 #
2022/2040(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the launch of the EU-US Trade and Technology Council (TTC) in June 2021 and the EU-India agreement on launching a trade and technology council in April 2022; regards these initiatives as meaningful forums for addressing new challenges in the areas of trade, technology and security, as well as regulatory cooperation and global standard-setting; underlines that TTCs should also be instrumental in diversifying global supply chains; calls for a stronger Parliamentary role in scrutinizing TTCs, as well as decisions made during the TTCs meetings;
Amendment 186 #
2022/2040(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the launch of sectoral industrial alliances in the context of the new industrial strategy, such as the European Battery Alliance and the European Raw Materials Alliance, which should create a framework of discussion and consultation, open to all relevant stakeholders;
Amendment 188 #
2022/2040(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the launch of new EU digital partnerships with Japan, South Korea and Singapore with a view to cooperating on the development and standardisation of connectivity tools and bolstering supply-chain resilience, especially in the case of semiconductors; underlines the crucial role of Taiwan in the supply chains of semiconductors, and the potential of further and deepened cooperation with Taiwan;
Amendment 189 #
2022/2040(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Urges the Commission to move forward with a bilateral investment agreement with Taiwan, showing commitment to meaningful engagement in trade and investment relations, most notably on semiconductors; reiterates the importance of the bilateral structural dialogue with Taiwan, including on matters related to multilateralism and the WTO, technology and public health, as well as essential cooperation on critical supplies such as semiconductors;
Amendment 196 #
2022/2040(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. CUnderlines that the reform and modernisation of the WTO is key for a functioning multilateral system; calls for a deep and pragmatic reform that results in a more flexible and better functioning WTO with an effective multilateral rulebook and an effective dispute settlement system at its core; welcomes the progress made during the 12th Ministerial Conference on many important elements to advance global trade relations; calls on the Commission to engage with WTO members to work towards sustainable solutions for effective WTO reform during the 13th Ministerial Conference;
Amendment 1 #
2022/2014(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to the Commission Communication of 22 April 2008 on the protection of consumers, in particular minorschildren, in respect of the use of video games (COM(2008)0207),
Amendment 6 #
2022/2014(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to the Commission Notice –Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to- consumer commercial practices in the internal market;
Amendment 10 #
2022/2014(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the Council Conclusions on Building a European Strategy for the Cultural and Creative Industries Ecosystem published on 5 April 2022;
Amendment 11 #
2022/2014(INI)
Motion for a resolution
Recital A
Recital A
A. whereas video games are played by all age groups in Europe, in particular minors, 68-79% of whom play themwith 50% of the European population between 6 to 64 years old playing videogames, with the largest age group being 45 to 64 years old; whereas videogames are popular with children, as in 2020 68% of 6 to 10 years old played a videogame once in the past month;
Amendment 15 #
2022/2014(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 18 #
2022/2014(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the growing video game sector offers an increasing number of new job opportunities for many cultural creators, such as game developers, designers, writers, music producers and other artists, for which any Union action in this field and especially funding activities should be taken into consideration;
Amendment 23 #
2022/2014(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the European video game industry is mainly made up of small and medium-sized enterprises (SMEs) and startups, which have an important role for the innovation and growth of this sector1a ; _________________ 1a https://digital- strategy.ec.europa.eu/en/library/value- european-video-games-society
Amendment 24 #
2022/2014(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas video games are complex creative works protected both by the Computer Programs Directive 2009/24 and the Copyright Directive 2001/29 and have a unique and creative value as recognised by the Court of Justice of the EU;1a _________________ 1a Judgement of the CJEU Case C 355/12
Amendment 30 #
2022/2014(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the video games industry employed 86 953 people in 2019, of whom around 20% were women; whereas some of the companies use content created by children;
Amendment 49 #
2022/2014(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas children have the right to participate in the digital world to the fullest extent possible;
Amendment 64 #
2022/2014(INI)
Motion for a resolution
Recital J
Recital J
J. whereas mental health and well- being are interrelated issues that need to be taken into account in all areas such as education, health, employment and social inclusion; whereas videogames can be important tools to deal with mental health and well-being and can be used to advance in these areas, as well as to help citizens to develop several skills which are essential in a digital society and for the building of the Digital Single Market;
Amendment 72 #
2022/2014(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. Whereas in 2020 one-fifth of the EU population was expected to have a disability; whereas the Union is committed to improving social and economic situations of persons with disabilities; whereas social and economic situations online is an important aspect of life; whereas there are certain disabilities that can be particular disabling for online video games, like colour blindness, visual challenges or hand mobility impairments; whereas colour blindness affect 10 % of the male population;
Amendment 87 #
2022/2014(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the measures taken to better protect consumers; notes, however, the need for a single, coordinated approach between Member States in order to avoid fragmentation of the single market and to protect European consumers; Acknowledges that the EU Consumer law acquis provides for a strong consumer protection, fully applicable in videogames, in particular the Commission Notice -Guidance on the interpretation and application of Directive 200/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market1a; notes, however, the need for a single, coordinated approach between Member States in order to avoid fragmentation of the single market and to protect European consumers; _________________ 1a Commission Notice – Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market
Amendment 93 #
2022/2014(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes the existence of online video game platforms that allow players, including children, to create their own games using the developer tools provided by them; calls on the Commission to adopt, if needed, regulatory measures in order to protect users against illegal practices caused by these platforms;
Amendment 94 #
2022/2014(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Urges the European Commission and the Network of Consumer Protection Authorities (CPC-Net) to ensure that European consumer law is fully respected and enforced in the video game sector;
Amendment 95 #
2022/2014(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the European Commission to put forward a European Video Game Strategy that unlocks the economic, social, educational, cultural and innovative potential of this sector to enable it to become a leader in the global video game market, as well as to ensure a high level of consumer protection in the Single Market and the protection of children's rights;
Amendment 106 #
2022/2014(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls to the Commission and the Member States to support the promotion of public and private education and information campaigns in Member States directed at parents and caretakers in order to inform them of the tools in place, such as the PEGI phone application, and to encourage their usage;
Amendment 111 #
2022/2014(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that some video games offer their users the possibility to pay, sometimes even with real money, in order to obtain rewards through loot boxes or any other type of randomized in-game purchase;
Amendment 114 #
2022/2014(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that in-game purchases have been present in video games for many years and the Guidance on the Unfair Commercial Practices Directive already bans their mandatory use; highlights that consumers and parents must be informed of the presence of in- game purchases prior to the purchase or download of the application;
Amendment 117 #
2022/2014(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Acknowledges that it has not yet been clearly established whether loot boxes may be considered gambling in Europe; notes, however, that several Member States have considered loot boxes to be gambling and have adopted regulatory measures to ban them; calls on the Commission to analyse and determine whether or not loot boxes can be considered to be a gambling activity and, if so,calls on the Commission to take the necessary steps to bring about a common European approach;
Amendment 122 #
2022/2014(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 123 #
2022/2014(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Notes that it has not yet been clearly established whether loot boxes may be considered gambling in Europe1a; notes, however, that gambling law is national competence of Member States and that Belgium and the Netherlands have considered that loot boxes constitute gambling and have regulated them accordingly; _________________ 1a https://op.europa.eu/en/publication- detail/-/publication/f84fa393-0f01-11e4- a7d0-01aa75ed71a1/language-en
Amendment 124 #
2022/2014(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Welcomes the Commission recently adopted Guidance on the Unfair Commercial Practices Directive, which establishes harmonised rules where paid random items are present in video games; calls for its compliance and swift implementation to ensure consumer protection in the Single Market, particularly for children; urges the Commission to further assess consumer protection in video games and take the necessary steps to bring about a common European approach on loot boxes and any other type of randomized in-game purchases;
Amendment 128 #
2022/2014(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that certain game designs used for in-game purchasing systems can be particularly harmful when targeted at minors; calls for such advertising to be banned when targeted at minors: stresses that they must also be compliant with the recently adopted Guidance on the Unfair Commercial Practices Directive to ensure that they do not result in harmful practices affecting consumers, especially children;
Amendment 135 #
2022/2014(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that online games that are likely to be accessible to children must take their rights and vulnerabilities into account; stresses that they must meet the highest possible standards by design and by default when it comes to security and privacy, in accordance with the GDPR and the DSA and their particular provisions related to the data processing of children and the protection of their online privacy;
Amendment 140 #
2022/2014(INI)
7a. Stresses that videogames are both tools for playing as well as art works with cultural value; points out that article 31 of the UN Convention on the Rights of the Child states that all children have the right to play and to freely and fully experience cultural life and activities according to their age;1a _________________ 1a https://www.ohchr.org/en/instruments- mechanisms/instruments/convention- rights-child
Amendment 142 #
2022/2014(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that consumers should have all the necessary information about an online video game related to the presence of in-game purchases, loot boxes and other randomised in-game purchases, before starting to play it, as well as during the game, in terms of the multiple options for possible purchases while playing and other information that may be considered to be of interest; stresses that such information should be clearly displayed and easily understandable for all consumers before the moment of purchase; notes that, when virtual currencies are used in online games, the value on real-world currency must always be provided alongside virtual currency;
Amendment 150 #
2022/2014(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes that the Commission will examine auto-renewals for subscriptions and contracts in the upcoming fitness check of consumer protection legislation; points out that auto-renewals can be beneficial for both the user and the trader, improving convenience for users and limiting subscriber administration for the trader, but it can also be problematic if the auto- renewals continue indefinitely against the consumer's intentions; encourages the Commission and traders to take into account best-practices from Member states or companies that already have consumer-friendly auto-renewal policies in place; calls for the introduction of an obligation at EU level whereby traders must provide users with an opt-in proposal at purchase instead of having it as a default feature, to provide clear and easy-accessible information on how to cancel auto-renewals at anytime and to make the process of cancelling the auto- renewals simple and as easy as signing up;
Amendment 155 #
2022/2014(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Underlines that return and refund guarantee policies are a corner stone of the Union’s consumer rights, and consumers should experience the same rights for online gaming purchases and subscriptions as they would for in-person, psychical purchases; calls on traders to fully comply to EU consumer protection rules and relay information on how to request a refund or make use of the right of withdrawal transparently and reliably;
Amendment 156 #
2022/2014(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Stresses that persons with disabilities should be able to play all types of online video games; highlights that both technical and communicative features of all online video games and any relevant information related to playing or purchasing the game must be inclusive and accessible; calls on the Commission to propose an extension of the scope of the European Accessibility Act to online video games; encourages providers of online video games to make games accessible by applying the accessibility requirements of Annex I of Directive 2019/882;
Amendment 157 #
2022/2014(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that once an item that has been obtained in a video game, it can be exchanged for actual money can only be used in that game and it is prohibited to exchange it outside the game-play environment; calls on national authorities to put an end to illegal practices organised by illegal third party sites, allowing to exchange, sell or bet on in-game sites; stresses that, above and beyond consumer protection issues, these services have led to money laundering; calls on the Commission to put an end to this practice; considers that the Digital Services Act may help mitigate this problem, in particular through the implementation of the ‘know your business customer’ obligations;
Amendment 189 #
2022/2014(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that playing online video games excessively can have a negative impact on social relations, such as school drop-out, physical and mental health problems, and poor academic performance, to name but a few issues; calls for the strengthening of supervisory mechanisms for children and adolescentspublic information campaigns about responsible game play and parental control tools allowing parents to manage children’s video game play; encourages parents to join children in their digital past time;
Amendment 212 #
2022/2014(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. StreConsiders that the European Commission should assess thate possibility of requiring providers of online video games that are played by children should be required to conduct, directed towards children, the development of ex-ante child impact assessments based on the 4Cs framework for classifying risk;
Amendment 224 #
2022/2014(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes industry-led initiatives such as Pan European Game Information (PEGI) that is used in 38 countries; considers that such a rating system can beis particularly beneficial in providing information on the recommended minimum age and protecting minors from inappropriatage for playing a game; welcomes the sector's longstanding safety by design commitment through the PEGI Code of Conduct provisions on safe online gameplay environments which were introduced in 2007, and the presence of parental control tools which are effective agameinst illegal and harmful content; welcomes the PEGI descriptor function which informs consumers if a game includes paid random pay-to-playitems features; notes that some countries have made the PEGI system law and calls on the Commission to explore the possibilities for entrenching it in EU law; highlights that PEGI is a well- known and affordable system for consumers and companies that provides guidance for parents helping them to determinate which games are appropriate for which age;
Amendment 228 #
2022/2014(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission to assess further the implementation of the PEGI system across the EU and the possibility to make the PEGI system the harmonised mandatory age-rating system applicable to all videogames and online platforms, together with its Code of Conduct, in order to ensure the highest European standards of safety, privacy and security for all consumers in a uniform manner the EU, as well as to avoid fragmentation in the Single Market and provide legal certainty for the videogame industry;
Amendment 12 #
2022/2008(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that SMEs are the foundation of the EUHighlights the central role of SMEs in achieving the green and digital transitions; emphasises that the twin transition needs the involvement of European industry; underlines the need to fully support SMEs in the twin transition by providing them with easier access to finance;
Amendment 13 #
2022/2008(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 15 #
2022/2008(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Stresses the need to ensure a level playing field for SMEs, including by implementing effectively the EUs Trade Defence Instruments (TDIs), so that European companies are not exposed to unfair trading practices;
Amendment 18 #
2022/2008(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned that both the current and the proposed EU legislation envisages too many bureaucratic hurdles for EU businesses; Underlines the need to reduce unnecessary administrative burdens for European businesses, SMEs in particular; calls on the Commission to fully implement the principles of better regulation and ‘think small first’;
Amendment 28 #
2022/2008(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that for the EU to be competitive in open markets, every sector must receive sufficient support in developing its respective technological base and in promoting the research and innovation efforts carried out by public and private stakeholders;
Amendment 35 #
2022/2008(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Observes with caution the need to evaluate dependencies on third countries in order to reduce vulnerabilities; Stresses the importance of sustainable and resilient global supply chains, while maintaining that the goal of the EU is to promote free trade;
Amendment 36 #
2022/2008(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls for further negotiations of ambitious free trade agreements; Stresses the need to monitor the efficient use of the EU trade toolbox, namely the International Procurement Instrument, the Regulation on foreign subsidies distorting the internal market and, the Anti-Coercion Instrument;
Amendment 59 #
2022/2008(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to step up its efforts to secure the necessary energy supply for European industry through diversifying energy sources and suppliers, and reducing the EU’s energy dependencies; In light of the war in Ukraine, in particular on Russian coal, oil and gas.
Amendment 179 #
2022/0278(COD)
Proposal for a regulation
Recital 1
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 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.
Amendment 183 #
2022/0278(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Union was not sufficiently prepared to ensure efficient manufacturing, procurement and distribution of crisis- relevant non-medical goods such as personal protective equipment, especially in the early phase of the COVID-19 pandemic and the ad-hoc measures taken by the Commission in order to re-establish the functioning of the Single Market and to ensure the availability of crisis-relevant non-medical goods during the COVID-19 pandemic were necessarily reactive The pandemic also revealed insufficient overview of manufacturing capacities across the Union as well as vulnerabilities related to the global supply chains.
Amendment 186 #
2022/0278(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and of clarity 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 Ssingle market. It emerged that there is a need for arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange.
Amendment 190 #
2022/0278(COD)
Proposal for a regulation
Recital 5
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 continuing 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 ondisrupting the Single Market of a wide range of crises by safeguarding the free movement of goods, services and persons and which facilitates access to crisis-relevant goods and services in the Single Market.
Amendment 193 #
2022/0278(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The impact of a crisis on the Single Market can be two-fold. On the one hand, a crisis can lead to obstacles to free movement within the Single Market, thus disrupting its normal functioning. On the other hand, a crisis can amplify shortages of crisis-relevant goods and services on the Single Market. The Regulation should address both types of impacts on the Single Market.
Amendment 197 #
2022/0278(COD)
Proposal for a regulation
Recital 7
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, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains. .
Amendment 210 #
2022/0278(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Where possible, this Regulation should allow for anticipation of events and crises, building on on-going analysis concerning strategcritically important areas of the Single Market economy and the Union’s continuous foresight work before any emergency is declared.
Amendment 220 #
2022/0278(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) As regards the measures for re- establishing and facilitating free movement of persons and any other measures affecting the free movement of persons provided under this Regulation, they are based on Article 21 TFEU and complement Directive 2004/38/EC without affecting its application at the time of Single Market emergencies. Such measures should not result in authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law and instead set down measures which are not acceptable under Union law, before, during, or after a Single Market emergency.
Amendment 222 #
2022/0278(COD)
Proposal for a regulation
Recital 19
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 reinforce free movement of persons, increase transparency and provide administrative assistance during Single Market emergencies. 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 regulationemergency mode under this regulation. Member States and the Commission are encouraged to use existing intruments for the set up and operation of these contact points. Such contact points should be active even outside the emergency mode and should serve to help communication between the Member States and with the steering board.
Amendment 226 #
2022/0278(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 233 #
2022/0278(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) When examining the compatibility of any notified draft or adopted measures with the principle of 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, the merits of Member State arguments relying on the precautionary principle 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. 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. Where it is needed and it is clear that a measure is likely to not comply with Union law, the Commission should be able to suspend the application of measures already adopted. To wait for the full notification procedure would endanger the fundament rights of European citizens and businesses by creating potentially illegal barriers and therefore only increasing the harm of an emergency.
Amendment 237 #
2022/0278(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure that the specific Single Market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementing actsimplementing powers should exceptionally be conferred on the Council for the individual activation of such measures pursuant to Article 291(2) of the Treaty on the Functioning of the European Union, which indicate the reasons for such activation and the crisis- relevant goods or services that such measures apply to.
Amendment 241 #
2022/0278(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the role of economic operators in crisis management, the Commissionuncil 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. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.
Amendment 246 #
2022/0278(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In cases where there are substantial risks to the functioning of the Single Market or in cases of severe shortages or an exceptionally high demand of goods of strategic importance, measures at Union level aimed to ensure the availability of crisis-relevant products, such as priority rated orders, may prove to be indispensable for the return to the normal functioning of the Single Market.
Amendment 248 #
2022/0278(COD)
Proposal for a regulation
Recital 29
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.
Amendment 252 #
2022/0278(COD)
Proposal for a regulation
Recital 32
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 invite 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 may make such reasoned explanation or parts of it public, with due regard to business confidentiality.
Amendment 257 #
2022/0278(COD)
Proposal for a regulation
Recital 35
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, 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. Moreover, implementing 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, implementing powers should be conferred on the Commissionuncil 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.
Amendment 269 #
2022/0278(COD)
Proposal for a regulation
Recital 38
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.
Amendment 273 #
2022/0278(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to put in place a framework of crisis protocols the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement the regulatory framework set out in this Regulation by further specifying the modalities of cooperation of the Member States and Union authorities during the Single Market vigilance and emergency modes, secure exchange of information and risk and crisis communication. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 277 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a framework of measures to anticipate, prepare for and respond toaddress the impacts of crises ondisrupting the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance andfacilitating access to crisis- relevant goods and services in the Single Market.
Amendment 280 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 284 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) an advisory group to advise the Commission on the appropriate measures for anticipating, steering board to decide whether sufficient evidence exists in order to trigger measures for preventing or responding to the impact of a crisis on the Single Market;
Amendment 288 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) contingency measures aiming at anticipationto prepare and planning;
Amendment 289 #
2022/0278(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Amendment 307 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chainsternal market.
Amendment 314 #
2022/0278(COD)
Proposal for a regulation
Article 2 – paragraph 6 – point b
Article 2 – paragraph 6 – point b
Amendment 323 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made major event of extraordinary nature and scale that takes place inside or outside of the Uniendangers the general interest objectives of the Union by creating a significant adverse impact on the free movement of goods, services or persons;
Amendment 325 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1 a) ‘major event’ means an event which is likely to pose a serious risk to the free movement of goods, services or persons in more than one Member State, to affect the supply of or demand for critical products or services, to lead to shortages in more than one Member State and which necessitates urgent coordination at Union level in order to ensure the freedoms of the internal market;
Amendment 335 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Mternal market that severely disrupts the free movement on the Single Market or thef goods, services or persons or severely disrupts the cross- border functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Marketof critial goods and services between more than one Member State;
Amendment 340 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘strategcritically important areas’ means those areas with critical importance to the Union and its Member States, in that they are of systemic and vital importance for public security, public safety, public order or public health, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the Single Market;
Amendment 345 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘goods and services of strategiccritical importance’ means goods and services that are indispensable for ensuring the functioning of the Single Market in strategcritically important areas and which cannot be substituted or diversified;
Amendment 350 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘strategic reserves’ means a stock of goods of strategiccritical importance for which building a reserve may be necessary to prepare for a Single Market emergency, under the control of a Member State.
Amendment 354 #
2022/0278(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
Amendment 358 #
Amendment 359 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. An advisory group steering board is established.
Amendment 361 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The advisory groupsteering board shall be composed of one representative from each Member State. Each Member State shall nominate a representative and an alternate representative, three representatives of the European Parliament and two representatives of the European Economic and Social Committee, respresenting the social partners. The representatives of the European Parliament shall represent the majority of its members. Each steering board member shall also nominate an alternate representative. The representatives of the European Economic and Social Committee shall have no voting rights.
Amendment 370 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall chair the advisory groupsteering board and ensure its secretariat. The Commissionsteering board may invite additional representatives 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 groupsteering board as observers. It shall invite the representatives of other crisis- relevant bodies at Union level as observers to the relevant meetings of the advisory groupsteering board. __________________ 49 OJ L 1, 3.1.1994, p. 3.
Amendment 380 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. For the purpose of contingency planning under Articles 6 to 8, the advisorysteering group shall assist, with the anid adviseof the Commission as regards, carry out the following tasks:
Amendment 383 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) assessingment of significant incidents evidence of a potential internal market emergency that the Member States or other parties have alerted the Commission to.
Amendment 395 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point b
Article 4 – paragraph 5 – point b
Amendment 403 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – introductory part
Article 4 – paragraph 6 – introductory part
6. For the purposes of the Single Market emergency mode as referred to in Article 14, the advisory group shall assist the Commission insteering board shall carry out the following tasks:
Amendment 405 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point -a (new)
Article 4 – paragraph 6 – point -a (new)
(-a) consulting the representatives of economic operators, including SMEs, and industry to collect market intelligence;
Amendment 407 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point a
Article 4 – paragraph 6 – point a
(a) analysinge crisis-relevant information gathered by Member States or, EEA states, economic operators and the Commission;
Amendment 409 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point b
Article 4 – paragraph 6 – point b
(b) establishingdecide whether the criteria for activation or deactivation of the emergency mode have been fulfilled; and that there is sufficient and reliable evidence to support that conclusion;
Amendment 412 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point c
Article 4 – paragraph 6 – point c
(c) advisinge on the implementation of the measures chosen to respond to Single Market emergency at Union level;
Amendment 413 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point d
Article 4 – paragraph 6 – point d
(d) performing a review of national crisis measures;
Amendment 415 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 6 – point e
Article 4 – paragraph 6 – point e
(e) facilitatinge exchanges and sharing of information, including with other crisis- relevant bodies at Union level, as well as, as appropriate, third countries, with particular attention paid to developing countries, and international organisations.
Amendment 418 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Commissionsteering board shall ensure the participation of all bodies at Union level that are relevant to the respective crisis. The advisory groupsteering board 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.
Amendment 422 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The advisory groupsteering board shall meet at least three times a year. At its first meeting, on a proposal by and in agreement with the Commission, the advisory groupsteering board shall adopt its rules of procedure.
Amendment 426 #
2022/0278(COD)
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. The advisory group may adoptsteering board may adopt decisions, opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6.
Amendment 438 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission taking intodue consideration of the opinion of the advisory groupand recommendation of the steering board and the input of relevant Union level bodies, is empowereand after consulting the Member States, is empowered 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:
Amendment 444 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) a coordinated approach to risk and crisis communication also vis-à-viswith economic operators and the public with a coordinating role for the Commission;
Amendment 451 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of economic operators and social partners, including SMEs, on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the Single Market;an internal market emergency, who shall be consulted as soon as possible and whose response shall be voluntary.
Amendment 455 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) risk and emergency communication, with a coordinating role for the Commission, adequately taking into account already existing structures;
Amendment 457 #
2022/0278(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 467 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The central liaison office of a Member State shall notify the Commission and the central liaison offices of other Member States without undue delay of any incidmajor events that significantly disrupt or hait has reason to believe eithe potential to significantly disrupt the functionr meet or may soon meet the criteria ing of the Single Market and its supply chains (significant incidents)rder to be defined as a crisis or an internal market emergency.
Amendment 470 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. In order to determine whether the disruption or potential disruption of the functioning of the Single Market and its supply chains of goods and services is significant andevents referred to in paragraph 1 should be the object of an alert, the central liaison office of a Member State shall take the following into account:
Amendment 479 #
2022/0278(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) the geographical area;, the proportion of the Single Market affected by the disruption or potential disruption; the impact on specific geographical areas particularly vulnerable or exposed to supply chain disruptions including the EU outermost region and its cross-border effects;
Amendment 489 #
2022/0278(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Where the Commission, taking into consideration the opinion provided by the advisory group,duly reflecting the decision provided by the steering board, 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. Where the Commission considers that the threat referred to in Article 3(2) is present, despite the steering board stating otherwise in its decision , it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act adopted by an unanimous decision. Such an implementing act shall contain the following:
Amendment 500 #
2022/0278(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an assessment of the potential impact of the expected crisis;
Amendment 503 #
2022/0278(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) list of the goods and services of strategiccritical importance concerned, and
Amendment 510 #
2022/0278(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 514 #
2022/0278(COD)
Proposal for a regulation
Article 10 – paragraph 1
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 consideration the opinduly reflecting a positive decision provided by the advisory groupsteering board, may extend the vigilance mode for a maximum duration of six months by means of an implementing act.
Amendment 521 #
2022/0278(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the Commission, taking into consideration the opinduly reflecting the decision provided by the advisory groupsteering board, 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 implementing act.
Amendment 536 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall provide for standardised and secure means for the collection and processing of information for the purpose of paragraph 1, using electronic means. Without prejudice to national legislation requiring collected information including business secrets to be kept confidential, confidentiality with regard to the commercially sensitive information and information affecting the security and public order of the Union or its Member States shall be ensured.
Amendment 537 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall, where possible, 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 implementing act activating the vigilance mode.
Amendment 544 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. On the basis of the inventory set up pursuant to Article 6, national competent authorities shallmay address requests for voluntary provision of information to the most relevant operators along the supply chains of goods and services identified in the implementing 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 strategiccritical importance is 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 groupsteering board without undue delay via the respective central liaison office.
Amendment 546 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. National competent authorities shall have due regard to the administrative burden on economic operators and in particular SMEs, which may be associated with requests for information and ensure it is kept to a minimum. Any information volutarily provided shall be confidential at all times.
Amendment 550 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Commission mayshall ask the advisory groupsteering board to discuss the findings and prospects of evolution based on the monitoring of supply chains of goods and services of strategiccritial importance.
Amendment 553 #
2022/0278(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
Amendment 561 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Commission may, among the goods of strategic importance listed in an implementing 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. The Commission shall give a detailed reason for this identification and for the need to build a reserve and inform the Member States thereof.
Amendment 570 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
Member States shall report to the Commission the approximate levels of strategic reserves of goods of strategiccritial importance held by them, and the levels of other stocks of such goods held on their territory, where such information is known. Such information shall be confidential.
Amendment 571 #
2022/0278(COD)
Proposal for a regulation
Article 12 – paragraph 3
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.
Amendment 580 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
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 Mfree movement of goods, services and persons in the internal market qualifies as a Single Market emergency, the Commission shall, based on concrete and reliable evidence, taking e into account at least the following indicators:
Amendment 585 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) the crisis has caused activation of any relevant Council crisis response mechanism, including the Integrated Political Crisis Response, Union Civil Protection Mechanism or the mechanisms set up within the EU Health Security Framework, including [the proposal for] Regulation (EU) …/… on serious cross-border health threats and [the proposal for] Council Regulation (EU) …/… on a framework of measurRegulation (EU) 2022/2372 in the event that the free movement of goods, services for ensuring the supply of crisis-relevant medical countermeasurespersons is affected;
Amendment 588 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) an estimation of the number or market share and market demand of economic operations or users relying on the disrupted sector or sectors of the Single Market for the free movement of or provision of the goods or services concerned;
Amendment 592 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the critical importance of the goods or services concerned for other sectors and the likelihood of a disruption to those goods or services causing a crisis of a cross-border nature within those sectors;
Amendment 599 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the impacts in terms of degree and duration on economic and vital societal activities, the environment and public safety;
Amendment 600 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point e
Article 13 – paragraph 1 – point e
(e) the economic operators affected by the disruption have not been able to provide a solution in a reasonable time to the particular aspects of the crisis on a voluntary basis.
Amendment 605 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point g
Article 13 – paragraph 1 – point g
(g) the geographic area that is and could be affected, including any cross- border impacts on the provision of goods and services as well as on the functioning of systemic supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
Amendment 612 #
2022/0278(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point i
Article 13 – paragraph 1 – point i
(i) the absence of substitute goods, inputr shortages of substitutes for crisis-relevant goods or services.
Amendment 623 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where the Commission, taking into consideration the opinduly reflecting the decision provided by the advisory groupsteering board, considers there is a Single Market emergency, it shall propose to the Council to activate the Single Market emergency mode.
Amendment 627 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 3
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 implementing act, and shall be a maximum of six months.
Amendment 629 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 635 #
2022/0278(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. As soon asWhen proposing the activation of the Single Market emergency mode is activatedaccording to paragraph 2, the Commission shall, without delay, adopt a list of crisis-relevant goods and services by means of an implementing actwhich will be included in the implementing act referred to in paragraph 3. The list may be amended by means of implementing acts.
Amendment 645 #
2022/0278(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where the Commission considers, taking into consideration the opinion provided by the advisory groupduly reflecting the decision provided by the steering board and based on the same grounds as those in Article 14(2), that an extension of the Single Market emergency mode is necessary, it shall propose to the Council to extend the Single Market emergency mode. 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.
Amendment 649 #
2022/0278(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Where the advisory groupsteering board has concrete and reliable evidence that the Single Market emergency should be deactivated, it may formulate an opinadopt a decision to that effect and transmit it to the Commission. Where the Commission, taking into consideration the opinduly reflecting the decision provided by the advisory groupsteering board, considers a Single Market emergency no longer exists, it shall propose to the Council without delay the deactivation of the Single Market emergency mode with immediate effect.
Amendment 655 #
2022/0278(COD)
Proposal for a regulation
Part IV – title II – Chapter I – title
Part IV – title II – Chapter I – title
Amendment 657 #
2022/0278(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 681 #
Amendment 683 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph -1 (new)
Article 17 – paragraph -1 (new)
-1. Any measures addressing an internal market emergency, taken by a Member State or the Union, shall be limited to the duration of the internal market emergency mode and shall be removed as soon as possible, at the latest once the internal market emergency mode has been deactivated in accordance with the procedure set out in Article 15(2).
Amendment 685 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain from introducingMember States shall be prohibited to adopt at any time, including during a Single Market emergency mode, any of the following:
Amendment 690 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b – introductory part
Article 17 – paragraph 1 – point b – introductory part
(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;
Amendment 691 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b – point i
Article 17 – paragraph 1 – point b – point i
Amendment 692 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b – point ii
Article 17 – paragraph 1 – point b – point ii
Amendment 693 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) discrimination between Member States or between citizens, including in their role as service providers or workers, based directly or indirectly on nationality or, in the case of companies, the location of the registered office, central administration or principal place of business;
Amendment 697 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point d – introductory part
Article 17 – paragraph 1 – point d – introductory part
(d) restrictions on the free movement of persons or travel restrictions 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 inrestrictions on persons involved in the provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14 paragraph 5, or other measures having equivalent effect, that:
Amendment 698 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point d – point ii
Article 17 – paragraph 1 – point d – point ii
(ii) are directly or indirectly discriminatory based on nationality of the person.
Amendment 703 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain from any of the following, unless to do so is inherent to the nature of the crisis: Member States shall be prohibited to adopt at any time, including during a Single Market emergency mode, any measures: (points may also be merged with paragraph 1)
Amendment 706 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain from any of the following unless to do so is inherent to the nature of the crisis/Single Market emergency:Member States shall be prohibited to adopt at any time, including during a Single Market emergency mode, measures: (points may also be merged with paragraph 1)
Amendment 709 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 4 – introductory part
Article 17 – paragraph 4 – introductory part
4. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain from any of the followingMember States shall be prohibited to adopt at any time, including during a Single Market emergency mode, measures:
Amendment 711 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point a
Article 17 – paragraph 4 – point a
(a) applying of more generous rules to travel to or from one Member State to or from another Member State or group of Member States, as compared to travel to and from other Member States unless to do so is inherent to the nature of the crisis/Single Market emergency;
Amendment 712 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point c
Article 17 – paragraph 4 – point c
(c) prohibiting of business travel linked to the research and development, to the production of crisis-related goodevant goods or the provision of crisis-relevant services that are listed in an implementing act adopted pursuant to Article 14, paragraph 5, or their placing on the market or to the related inspections;
Amendment 714 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point d
Article 17 – paragraph 4 – point d
(d) imposing prohibitions on travel, including travel for imperative family reasons, which are not appropriortionate 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;
Amendment 717 #
2022/0278(COD)
Proposal for a regulation
Article 17 – paragraph 4 – point e
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 notwhich are not proportionate for the achievement of any legitimate public interest purportedly pursued by such measures or which manifestly go beyond what is necessary for that purpose.to achieve that aim;
Amendment 730 #
2022/0278(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. During the Single Market emergency mode, where the Commission establishes that Member States have put in place templates for attesting that the individual or economic operator is a service provider that provides crisis- relevant services, a business representative or worker that is involved in production of crisis-relevant goods or provision of crisis- relevant services or a civil protection worker and it considers that the use of different templates by each Member States is an obstacle to the free movement at the time of a Single Market emergency, the Commission may issue, if it considers it necessary for supporting the free movement of such categories of persons and their equipment during the ongoing Single Market emergency, templates for attesting that they fulfil the relevant criteria for the application Article 17(6) in all Member States by means of implementing acts.
Amendment 736 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
Article 19 – paragraph 1 – subparagraph 1
During the Single Market emergency and during a vigilance mode, Member States shall notify to the Commission any crisis- relevant draft measures restricting free movement of goods and the freedom to provide services as well as crisis-relevant restrictions of free movement of persons, including workers together with the reasons for those measures.
Amendment 738 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1 a. Any measures that are not notified in accordance with paragraph 1 shall be deemed null and void.
Amendment 741 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall provide to the Commission a statement of the reasons which makedemonstrating that the enactment of such measures are justified and proportionate, where those reasons have not already been made clear in the notified measure. 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.
Amendment 742 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall communicate the notified measures to the other Member States without delay and shall share them at the same time with the advisory groupsteering board.
Amendment 744 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. If the advisory groupsteering board chooses to deliver an opin recommendation on a notified measure, it shall do so within four working days from the date of receipt by the Commission of the notification concerning that measure.
Amendment 752 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. The notifying Member State shall communicate the measures it intends to adopt in order toand justifications on how it complyies with the comments delivered in accordance with paragraphs 8 and 9 to the Commission within 10 days after receiving them.
Amendment 758 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 12 a (new)
Article 19 – paragraph 12 a (new)
12 a. Where there are clearly obvious and serious grounds to believe that a measure does not comply with Union law, the Commission may adopt a decision to suspend the application of any measures already adopted. Member States shall cease to enforce such measures. The Commission shall notify the Member State of the reasons for its decision. Where a Member State disagrees with the suspension, it shall immediately enter into dialogue with the Commission in order to align measures with Union law.
Amendment 763 #
2022/0278(COD)
Proposal for a regulation
Article 19 – paragraph 16
Article 19 – paragraph 16
16. The Commission shall publish the text of the measures adopted by the Member States in the context of the Single market emergency and vigilance mode that restrict free movement of goods, services and the persons, including workers, which have been communicated by means of the notifications referred to in this Article as well as via other sources. The text of the measures shall be published within one working day of its receipt by means of an electronic platform managed by the Commission. It shall also be published on the electronic platform of the Union level single point of contact under Article 22.
Amendment 766 #
2022/0278(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3 a. The Commission shall ensure interoperability between the notification system under this regulation and the Internal Market Information System.
Amendment 775 #
2022/0278(COD)
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2 a. Member States shall incorporate the national single points of contact into the Your Europe portal as set out in Article 2(1) of Regulation (EU) 2018/1724.
Amendment 776 #
2022/0278(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Commission shall set up and operate a Union level single point of contact, which shall use the structure of the Your Europe portal, as set out in Article 2(1) of Regulation (EU) 2018/1724.
Amendment 786 #
2022/0278(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. BThe Commission may adopt 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 implementing act in accordance with Article 14 and upon a positive opinion of the steering board.
Amendment 788 #
2022/0278(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. An implementing act introducing a measure included in this Chapter shall clearly and specifically list the crisis- relevant goods and services identified in the implementing act adopted in accordance with Article 14(5) to which such measure applies. That measure shall apply only for the duration of the emergency mode.
Amendment 790 #
Amendment 794 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Where there is a severe crisis- related shortages or an immediate threat thereof, the Commission may 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 withreasonable timeframe, specific internal market emergency relevant information to the Commission including information on any relevant supply chain disruptions within a given deadline. The Commission may only collect this information and exchange it with the steering board in order to support their decisions on implementing a given deadline.cts as referred to in Articles 26 and 27
Amendment 799 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. If the addressees do not transmit the information requested in accordance with paragraph 1 within the time-limita reasonable timeframe and do not provide a valid justification for not doing so, the Commission may, by means of an implementing act, requir recommendation, invite that they transmit the information, indicating in the implementing actternal market emergency relevant information, indicating 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.
Amendment 804 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point b
Article 24 – paragraph 3 – point b
Amendment 807 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 4
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. TWhen inviting economic operators to share on a voluntary basis the internal market emergency-relevant information, 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. The Commission may obtain the necessary information on the relevant economic operators from the Member States.
Amendment 812 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The Commission Drecisommendations 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. It shall take into account the effort required to collect and make the data available by the economic operator or representative organisation. The formal drecisommedation 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.
Amendment 817 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. The owners of the economic operators or their representatives and, in the case of legal persons, companies or firms, or associations having no legal personality, the persons authorised to represent them by law or by their constitution may supply the information requested on behalf of the economic operator or the association of economic operators concerned. Each economic operator or association of economic operators shall provide the requested information on an individual basis in line with the Union rules on competition governing the exchange of information. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.
Amendment 819 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 7
Article 24 – paragraph 7
Amendment 822 #
2022/0278(COD)
Proposal for a regulation
Article 24 – paragraph 8
Article 24 – paragraph 8
Amendment 825 #
2022/0278(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Information received from liaison offices of the Member States, the steering board, economic operators or any other source as a result of the application of this Regulation shall be used only for the purpose for which it was requested.
Amendment 827 #
2022/0278(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States and the Commission shall ensure the protection of trade and business secrets and other sensitive and confidential information acquired and generated in application of this Regulation, including recommendations and measures to be taken, and any compensation due in the event of unauthorised disclosures in accordance with Union and the respective national law.
Amendment 834 #
2022/0278(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 837 #
Amendment 842 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission may invite, on a voluntary basis, 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’).
Amendment 844 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. If an economic operator does not accept and prioritise priority rated orders, the Commission may, following a positive decision of the steering board, 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 following a positive decision of the steering board, 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 why it is not possible or appropriate for that operator to do so. The Commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the Single Marketthe Single Market emergency and may only be adopted where the crisis-relevent goods cannot be procured in accordance with Articles 34, 37 and 38.
Amendment 849 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1
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 and prioritise the 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 gravityparticularly taking into account the prices and quantities specified by the Commission or other considerations of comparable gravity, including a contractual penalty for the failure to fulfil performance obligations under private or public law.
Amendment 852 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
Article 27 – paragraph 4 – subparagraph 2
Amendment 854 #
2022/0278(COD)
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. The Commission shall take the decision to invite one or more economic operators to accept and prioritise certain orders as referred to in paragraph 21 in accordance with applicable Union law, including the principles of necessity and proportionality, and the Union’s and the economic operator'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, the price 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 priceThe priority rated order shall be placed at market price and including compensation for any other costs due to the prioritisation or deprioritisation of other orders, including contractual penalties.
Amendment 858 #
2022/0278(COD)
Proposal for a regulation
Article 28
Article 28
Amendment 862 #
2022/0278(COD)
Proposal for a regulation
Article 28 – title
Article 28 – title
Fines to operators for failure to comply with the obligation to reply to mandatory information requests or to comply with priority rated orders
Amendment 868 #
2022/0278(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Fines imposed in the cases referred to in paragraph 1 (a) and (b)(b) shall not exceed 200 000 EUR. The maximum fine imposed in the cases referred to in paragraph 1(b) for economic operators that are SMEs as defined in Recommendation 2003/361/EC shall not exceed 2005 000 EUR.
Amendment 870 #
2022/0278(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Fines imposed in the cases referred to in paragraph 1 (c) shall not exceed 0.5 % 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 0.5 % of total turnover in the preceding business year. The maximum fine imposed in the cases referred to in paragraph 1(c) for economic operators that are SMEs as defined in Recommendation 2003/361/EC shall not exceed 0.1 % 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 but not exceeding 0.1% of total turnover in the preceding business year.
Amendment 874 #
2022/0278(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 878 #
2022/0278(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
Amendment 880 #
2022/0278(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 884 #
2022/0278(COD)
Proposal for a regulation
Article 31
Article 31
Amendment 908 #
2022/0278(COD)
Proposal for a regulation
Part V – Chapter I – title
Part V – Chapter I – title
Amendment 912 #
2022/0278(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Commission shall assess the utility, necessity and proportionality of the request. If the Commission decides to launch a procurement on behalf of the Member Strates, it shall inform the steering board and the Member States concerned its intention to carry out such procurement. 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. The Commission shall launch a call for other Member States to participate in the request.
Amendment 917 #
2022/0278(COD)
Proposal for a regulation
Article 34 – paragraph 3 a (new)
Article 34 – paragraph 3 a (new)
3 a. If the Commission is unable to award the contract to a suitable economic operator, the Commission shall immediately inform the Member States. Member States shall have a right to initiate their own procurement processes without delay.
Amendment 927 #
2022/0278(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The Commission shall carry out the procurement procedures and conclude the resulting contracts with economic operators on behalf of the participating Member States. All participating Member States shall be involved in the procurement process. To that effect, the Commission shall invite participating Member States to nominate representatives to take part in the preparation of the procurement processes as well as the negotations of the purchasing agreements. Representatives of participating Member States shall have the status of experts in the procurement process, in accordance with Regulation (EU, Euratom) 2018/1046.
Amendment 948 #
2022/0278(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
The Commission and the Member States may set up interoperable digital 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. The Commission shall primarily make use of already existing IT tools.
Amendment 956 #
2022/0278(COD)
Proposal for a regulation
Article 44 – paragraph 1
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, and after every deactivation of the emergency mode, 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.
Amendment 109 #
2022/0269(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The eradication of forced labour in all its forms, including state imposed 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.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 115 #
2022/0269(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. 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 valuesupply chains of undertakings established in the Union.
Amendment 117 #
2022/0269(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Union trade policy supports the fight against forced labour in both unilateral and bilateral trade relationships. The trade and sustainable development chapters of Union trade agreements contain a commitment to ratify and effectively implement the fundamental ILO Conventions, which include ILO Convention No. 29 and ILO Convention No. 105. Moreover, unilateral trade preferences under the Union’s General Scheme of Preferences couldan be withdrawn for serious and systematic violations of ILO Convention No. 29 and ILO Convention No. 105.
Amendment 126 #
2022/0269(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) [In particular, Directive 20XX/XX/EU on Corporate Sustainability Due Diligence sets out horizontal due diligence obligations for companies to identify, prevent, mitigate and account for actual and potential adverse impacts on human rights, including forced labour, and the environment that they caused, contributed to or are directly linked to in the company’s own operations, and 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 sectorat Directive also strengthens access to remedy for those affected by such impacts. Those obligations apply to large companies over a certain threshold in terms of number of employees and net turnover.22 ] _________________ 22 Directive 20XX/XX/EU of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937, OJ XX, XX.XX.20XX, p. XX.
Amendment 143 #
2022/0269(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue thorough 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 clear 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. The guidelines should be publicly available at least 18 months before the date of application of this Regulation.
Amendment 153 #
2022/0269(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The competent authorities of the Member States should monitor the market to identify violations of the prohibition. In appointing those competent authorities, Member States should ensure that those authorities have sufficient resources and that their staff has the necessary competences and knowledge, especially with regard to human rights, valuesupply chain management and due diligence processes. Competent authorities should closely coordinate with national labour inspections and judicial and law enforcement authorities, including those responsible for the fight against trafficking in human beings in such a way as to avoid jeopardising investigations by such authorities.
Amendment 162 #
2022/0269(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) When identifying potential violations of the prohibition, the competent authorities should follow a risk-based approach and assess all information available to them. Competent authorities should initiate an confidential investigation where, based on their assessment of all available information, they establish that there is a substantiated concern of a violation of the prohibition.
Amendment 166 #
2022/0269(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and valuesupply 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 valuesupply chains. Appropriate due diligence means that forced labour issues in the valuesupply 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. Economic operators, which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence], shall not be disadvantaged for not having conducted due diligence in accordance with that Directive. Questions regarding remediation are covered by [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence].
Amendment 179 #
2022/0269(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) In order to ensure consistency in the actions and decisions by competent authorities, the Commission should issue clear guidelines for the competent authorities and coordinate their work.
Amendment 184 #
2022/0269(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the valuesupply chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 189 #
2022/0269(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the valuesupply 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 operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 209 #
2022/0269(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, 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.
Amendment 224 #
2022/0269(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are recycled, and if that is not possible, they should have the products destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators.
Amendment 235 #
2022/0269(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Any person, whether it is a natural or legal person, or any association not having legal personality, should be allowed to submit information to the competent authorities, through a designated webportal at Union level, 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.
Amendment 244 #
2022/0269(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Decisions of the 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 Commission and Member States shall ensure that the Customs authorities have sufficient resources to carry out these controls. 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 Council32 and its general provisions on the control and supervisory powers of customs authorities. _________________ 32 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, p. 1).
Amendment 248 #
2022/0269(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The information currently made available to customs authorities by economic operators includes only general information on the products but lacks information on the manufacturer or producer and product suppliers as well as specific information on products. In order for customs authorities to be able to identify products entering or leaving the Union market that may violate the Regulation and should accordingly be stopped at the EU external borders, economic operators should submit to customs authorities information allowing matching a decision of the competent authorities with the product concerned. This should include information on the manufacturer or producer and the product suppliers as well as any other information on the product itself. To this end, the Commission should be empowered to adopt delegated acts identifying the products for which such information should be provided using, amongst others, the database established under this Regulation as well as the information and decisions of the competent authorities encoded in the information and communication system set out in Article 34 of Regulation (EU) 2019/1020 (‘ICSMS’). Moreover, the Commission should be empowered to adopt, the implementing acts necessary to specify the details of the information to be made available to customs by the economic operators. This information should include the description, name or brand of the product, specific requirements under Union legislation for the identification of the product (such as a type, reference, model, batch or serial number affixed on the product, or provided on the packaging or in a document accompanying the product, or unique identifier of the digital product passport) as well as details on the manufacturer or producer and the product suppliers, including for each of them their name, trade name or registered trademark, their contact details, their unique identification number in the country they are established and, where available, their Economic Operators Registration and Identification (EORI) number. The review of the Union Customs Code will consider introducing in the customs legislation the information required to be made available to customs by the economic operators for the enforcement of this Regulation and more broadly to strengthen the transparency of the supply chain. The Commission should issue guidance and support to economic operators, especially SMEs, on how to collect the required information.
Amendment 253 #
2022/0269(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Customs authorities that identify a product that may be covered by a decision communicated by competent authorities establishing a violation of the prohibition should suspend the release of that product and notify the competent authorities immediately. Competent authorities should reach a conclusion within a clearly specified, reasonable timeframe on the case notified to them by the customs authorities, either by confirming or by denying that the product concerned is covered by a decision. Where necessary the competent authorities should be authorised to require maintaining the suspension of its release. In the absence of a conclusion by competent authorities within the specified time limit, customs authorities should release the products if all other applicable requirements and formalities are fulfilled. Generally, the release for free circulation or export should also not be deemed to be proof of compliance with Union law, since such a release does not necessarily include a complete control of such compliance.
Amendment 260 #
2022/0269(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, and if that is not possible, the product should be destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods.
Amendment 264 #
2022/0269(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) A uniform enforcement of the prohibition as regards products entering or leaving the Union market can only be achieved through systematic exchange of information and cooperation amongst competent authorities, customs authorities and the Commission. This cooperation should be coordinated by the Commission.
Amendment 278 #
2022/0269(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the 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 and financial support structure to be provided by the Commission should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
Amendment 279 #
2022/0269(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) To ensure effective enforcement of the prohibition, it is necessary to establish a network aimed at structured coordination and cooperation between the competent authorities of the Member States and, where appropriate, experts from customs authorities, and the Commission. That network should alsobe coordinated by the Commission and 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 should allow the pooling of resources and maintain a communication and information system between Member States and the Commission, thereby helping to strengthen the enforcement of the prohibition.
Amendment 286 #
2022/0269(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global valuesupply chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 290 #
2022/0269(COD)
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
Amendment 315 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘making available on the market’ means placing a product under the customs procedure release for free circulation in the Union or any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge and in the case where the product is offered for sale online or through other means of distance sales, the making available on the market is deemed to take place when the offer for sale is targeted at users in the Union;
Amendment 347 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point m b (new)
Article 2 – paragraph 1 – point m b (new)
(mb) 'supply chain' means the activities of a company’s upstream business partners related to the production of goods by the company, including the design, extraction, manufacture and supply of raw materials, products or parts of the products and development of the product;
Amendment 353 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded reason, based on objective and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
Amendment 382 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 2
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 valuesupply 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, whether they can be considered directly responsible, the quantity of products concerned, as well as the scale of suspected forced labour and whether state- imposed forced labour could be a concern.
Amendment 391 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
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 valuesupply chains with respect to the products under assessment, including on the basis of any of the following:
Amendment 404 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 1540 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.
Amendment 418 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
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. Economic operators, which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence], shall not be disadvantaged for not having conducted due diligence in accordance with that Directive.
Amendment 429 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
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 consicluder 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.
Amendment 457 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the valuesupply chain as close as possible to where the likelysuspected risk of forced labour occurs and
Amendment 468 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Economic operators shall submit the information within 1540 working days from the request referred to in paragraph 3 or make a justified request for an extension of that time limit.
Amendment 485 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1). Ongoing investigations shall not be included in the database.
Amendment 501 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where competent authorities cannot establish that Article 3 has been violated, they shall take a decision to close the investigation and inform the economic operator thereof. Such closed investigations shall not appear in the database.
Amendment 513 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) an order for the economic operators that have been subject to the investigation to recycle the products concerned or, when that is not possible, dispose of the respective products in accordance with national law consistent with Union law.
Amendment 533 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point c
Article 6 – paragraph 5 – point c
(c) that any product remaining with the economic operator concerned is recycled, or, where that is not possible, disposed of in accordance with national law consistent with Union law at the expense of the economic operator.
Amendment 545 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where economic operators provide 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, the competent authorities shall withdraw their decision for the future and inform the economic operators. The economic operators shall also be removed from the database.
Amendment 561 #
2022/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) all relevant information and in particular the details allowing the identification of the product, to which the decision applies, including details about the manufacturer or producer and the product suppliers as well as, where possible, the production site;
Amendment 577 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Where a competent authority considers that after taking into account the new information provided by the economic operator in accordance with paragraph 1 it cannot establish that the products have been placed or made available on the market or are being exported in violation of Article 3, it shall withdraw its decision adopted pursuant to Article 6(4) and the economic operator shall be removed from the database .
Amendment 593 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) any decision to prohibit placing and making available of the products on the market and their export, as well as to order the withdrawal of the products already placed or made available on the market and their recycling or disposal referred to in Article 6(4);
Amendment 609 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. The Commission shall make available a dedicated, centralised webportal for submissions of information referred to in paragraph 1.
Amendment 624 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities as well as relevant experience from implementing Union law setting out due diligence requirements with respect to forced labour.
Amendment 641 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 124 months after the entry into force of this Regulation.
Amendment 650 #
2022/0269(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate one or more competent authorities responsible for carrying out the obligations set out in this Regulation. Designated Member State competent authorities shall be responsible for ensuring the effective and uniform implementation of this Regulation throughout the Union, coordinated by the Commission.
Amendment 678 #
2022/0269(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(a) any decision to prohibit the placing or making available of the products on the Union market and their export, as well as to order the withdrawal of the products already placed or made available on the Union market and their disposal referred to in Article 6(4);
Amendment 680 #
2022/0269(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Customs authorities shall rely on the decisions communicated pursuant to paragraph 3 to identify products that may not comply with the prohibition laid down in Article 3. For that purpose, they shall carry out controls on products entering or leaving the Union market in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013. The Commission and Member States shall ensure that the Customs authorities have sufficient resources to carry out these controls.
Amendment 710 #
2022/0269(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is disposed of, or shall inform competent authorities to cooperate in taking these measures, in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 711 #
2022/0269(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is recycled, or where that is not possible, disposed of in accordance with national law consistent with Union law. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 712 #
2022/0269(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. To enable a risk-based approach for products entering or leaving the Union market and to ensure that controls are effective and performed in accordance with the requirements of this Regulation, competent authorities and customs authorities shall cooperate closely and exchange risk-related information coordinated by the Commission.
Amendment 730 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
The Commission shall issue guidelines no later than 182 months after the entry into force of this Regulation, which shall include the following:
Amendment 739 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
Article 23 – paragraph 1 – point a a (new)
(aa) specific guidance for economic operators which are not within the scope of [Directive 20XX/XX/EU on Corporate Sustainability Due Diligence];
Amendment 744 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) information on risk indicators of forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and relevant experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 760 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. 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. The Network shall be lead by the Commission.
Amendment 785 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission shall support and encourage cooperation between enforcement authorities through the Network and prepare and participate in the meetings of the Network.
Amendment 803 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries may result in the Union developing accompanying measures to support the efforts of companies, especially SMEs, and partner countries efforts and locally available capacities in tackling forced labour. and its root causes.
Amendment 814 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Member StatesCommission shall lay down the rules on penalties applicable to non- compliance with a decision referred to in Article 6(4) and shall take all measures necessary to ensure that they are implemented in a harmonised way in accordance with national law.
Amendment 826 #
2022/0269(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article30a Assessment and review The Commission shall carry out an ex- post impact assessment of this Regulation by [12 months after the date of application], taking account of the objectives it pursues. The Commission shall submit a report thereon to the European Parliament and to the Council. The ex-post impact assessment shall evaluate whether this Regulation is achieving its objectives and shall be accompanied, where appropriate, by a legislative proposal.
Amendment 167 #
2022/0216(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation does not prevent Member States from maintaining or introducing more stringent protective measures that are compatible with Union law. Member States should notify the Commission of any such measures. More stringent protective measures put in place by Member States should be evidence- based and proportionate to the risk to human health, for example based on overall safety concerns and corresponding risks in a Member State or specific local risks. They should not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, unless that measure or its application is objectively justified by a legitimate aim, and the means of achieving that aim are science-based, appropriate and necessary.
Amendment 168 #
2022/0216(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
Amendment 471 #
2022/0216(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States may maintain or introduce within their territories measures that are more stringent than the ones provided for in this Regulation on condition that those national measures are compatible with Union lawbased on scientific evidence, are compatible with Union law, do not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and are proportionate to the risk to human health.
Amendment 213 #
2022/0155(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available interpersonal communications services to execute detection orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, this Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulation. That includes the use of end-to-end encryption technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of childrennotably those of children. Any prohibition of encryption could potentially be abused by malicious third parties. The issuance of a detection order should therefore not lead a provider to prohibit encryption. In full accordance and respect of encryption, this regulation encourages the innovation and constant improvement of technology detecting, reporting, and removing of CSAM in all digital spaces that are misused for the purpose of dissemination of such material. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them or their employees for purposes other than compliance with this Regulation, nor by third parties, and thus to avoid undermining the security and confidentiality of the communications of users.
Amendment 292 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 a (new)
Article 3 – paragraph 2 – point b – indent 4 a (new)
- Functionalities enabling scanning for known child sexual abuse material on upload;
Amendment 294 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4 b (new)
Article 3 – paragraph 2 – point b – indent 4 b (new)
- Functionalities preventing uploads from the dark web;
Amendment 304 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3 a (new)
Article 3 – paragraph 2 – point e – point iii – indent 3 a (new)
- Enabling users to create usernames that contain a representation about, or imply, the user’s age;
Amendment 306 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3 b (new)
Article 3 – paragraph 2 – point e – point iii – indent 3 b (new)
- Enabling child users to create usernames that contain location information on child users;
Amendment 307 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3 c (new)
Article 3 – paragraph 2 – point e – point iii – indent 3 c (new)
- Enabling users to know or infer the location of child users.
Amendment 315 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Providers of hosting services and providers of interpersonal communication services shall put forward specific age assurance verification systems that meet the following criteria: (a) effectively protect the privacy of users and do not disclose data gathered for the purposes of age assurance for any other purpose (b) do not collect data that is not strictly necessary for the purposes of age assurance; (c) be proportionate to the risks associated to the product or service that presents a risk of misuse of child sexual abuse; (d) provide appropriate remedies and redress mechanisms for users whose age is wrongly identified.
Amendment 323 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Providers of hosting services and providers of interpersonal communications services shall take reasonable mitigation measures, tailored to the risk identified pursuant to Article 3, to minimise that risk. Such measures shall include, but need not to be limited to, some or all of the following:
Amendment 337 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 (new)
Article 4 – paragraph 1 – subparagraph 1 (new)
Amendment 346 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(d a) Providers of hosting services and providers of interpersonal communications services are encouraged to put in place voluntary measures to detect and report online child sexual abuse for those services that have proven to pose a risk of misuse for child sexual abuse, or in cases there is an imminent risk of misue for child sexual abuse, including for the purpose of the solicitation of children;
Amendment 373 #
2022/0155(COD)
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6 a. Providers of hosting services and providers of interpersonal communications services that qualify as micro (or small) enterprises within the meaning of Article 3 of Directive 2013/34/EU shall transmit a simplified version of the report under paragraph 1 of this Article.
Amendment 399 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The Coordinating Authority of establishment shall, before requesting the issuance of a detection order, carry out the investigations and assessments necessary to determine whether the conditions of paragraph 4 have been met. Detection orders issued by the coordinating authorities shall serve as a measure of last resort, only enacted when all mitigating measures, including voluntary ones, have proven unsuccessful.
Amendment 425 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b a (new)
Article 7 – paragraph 4 – subparagraph 1 – point b a (new)
(b a) The voluntary measures applied as mitigating measures have not proven successful in preventing the misuse of the service for child sexual abuse.
Amendment 452 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
The competent judicial authority or independent administrative authority shall specify in the detection order the period during which it applies, indicating the start date and the end date, within which the providers of hosting services and providers of interpersonal communications services shall prove that their service is no longer used for child sexual abuse.
Amendment 467 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the name of the provider and, where applicable, its legal representative, without prejudice to the issuance of detection orders where the legal name of the provider is not readily ascertained;
Amendment 515 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) take all the necessary and proportionate measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, insofar as strictly limited to what is necessary to execute the detection orders addressed to them;
Amendment 519 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point c a (new)
Article 10 – paragraph 4 – point c a (new)
(c a) ensure privacy and safety by design and by default and, where applicable, the protection of encryption.
Amendment 523 #
2022/0155(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point e a (new)
Article 10 – paragraph 4 – point e a (new)
(e a) Ensure safety-by-design tools such as parental controls tool and effective age verification tools.
Amendment 535 #
2022/0155(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. Where a provider of hosting services or a provider of interpersonal communications services receives a report by the public through, among others, trusted hotline, it shall process and analyse the report in a timely and effective manner as to assess an imminent risk of miuse of the service for child child sexual abuse, without prejudice to the obligation to report to the EU centre pursuant paragraph 1.
Amendment 539 #
2022/0155(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. The report submitted by the provider pursuant paragrah 2, shall never contain information about the source of the report, especially when this stems from the person to whom the material relates.
Amendment 543 #
2022/0155(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to easily flag to the provider potential online child sexual abuse on the service.
Amendment 560 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point b
Article 14 – paragraph 3 – point b
(b) the name of the provider and, where applicable, of its legal representative, without prejudice to the issuance of removal orders where the legal name of the provider is not readily ascertained;
Amendment 563 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. Providers of hosting services or providers of interpersonal communication services shall be encouraged to extend the effect of the order regarding one or more specific items of material, referred to in paragraph 1, to any provider or services under their control and promptly inform the Coordinating Authority of establishment of this specific measure.
Amendment 670 #
2022/0155(COD)
Proposal for a regulation
Article 85 – paragraph 1
Article 85 – paragraph 1
1. By [five years after the entry into force of this Regulation], and every five years thereafter, the Commission shall evaluate this Regulation and submit a report on its application to the European Parliament and the Council. This report shall address in particular the possible use of new technologies for a safe and trusted processing of personal and other data and for the purpose of combating online child sexual abuse and in particular to detect, report and remove online child sexual abuse. The report shall be accompanied, where appropriate, by a legislative proposal.
Amendment 180 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
(37) ‘unsold consumer product’ means any consumer product that has not been sold or unused consumer product that has been returned by a consumer in view of their right of withdrawal in accordance with Article 9 of Directive (EU) 2011/83/EU;
Amendment 192 #
2022/0095(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 59
Article 2 – paragraph 1 – point 59
(59) ‘product presenting a serious risk’ means a product presenting a risk for which, based on an assessment, the degree of the relevant non-compliance or the associated harm is considered to require rapid intervention by the market surveillance authorities, including cases where the effects of the non-compliance are not immediate.as identified by the Regulation ON GENERAL PRODUCT SAFETY
Amendment 241 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 4 – point a – point ii
Article 5 – paragraph 4 – point a – point ii
(ii) relevant Union legislation, including the extent to which it addresses the relevant product aspects listed in paragraph 1, to ensure harmonisation and assure the avoidance of double regulation or overregulation;
Amendment 253 #
2022/0095(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point a
Article 5 – paragraph 5 – point a
(a) there shall be no significant negative impact on the functionality or safety of the product, from the perspective of the user;
Amendment 302 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) (d new) improve traceability of products along the value chain. without compromising data security of economical actors. To protect confidential business information and comply with requirement (b) of paragraph 3, actors in the value chains should make a specific request to the manufacturer when the information cannot be shared publicly, and the information needs to be shared in a secure way.
Amendment 306 #
2022/0095(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(c a) (a new) be justified to significantly improve the environmental sustainability of products and to ensure free movement in the internal market;
Amendment 322 #
2022/0095(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point f a (new)
Article 9 – paragraph 1 – subparagraph 1 – point f a (new)
(f a) (g new) where relevant, it shall rely on existing databases, including Substances of Concern In articles as such or in complex objects (Products) and the European Product Registry for Energy Labelling and established industry solutions.
Amendment 333 #
2022/0095(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Commission shall set up and maintain a registry storing information included in the product passports required by delegated acts adopted pursuant toa list of the data carriers and unique product identifiers referred to in Article 49(1).
Amendment 334 #
2022/0095(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 335 #
2022/0095(COD)
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. The Commission shall, in the delegated acts adopted pursuant to Article 4, specify the information which, in addition to being included in the product passport, shallInformation required to be stored in the registry referred to in paragraph 1, taking into account at leastshall be justified for the following criteriareasons:
Amendment 346 #
2022/0095(COD)
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point a
Article 20 – paragraph 3 – subparagraph 2 – point a
(a) health and safety concerns, including of counterfeit goods;
Amendment 427 #
2022/0095(COD)
Proposal for a regulation
Article 30 – paragraph 3 – subparagraph 1 – introductory part
Article 30 – paragraph 3 – subparagraph 1 – introductory part
When requiring, upon a reasoned request from a national authority, manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4, third subparagraph, point (a), the Commission shall take into account the following criteria:
Amendment 435 #
2022/0095(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. For the purposes of compliance and verification of compliance with ecodesign requirements, tests, measurements and calculations shall be made using actionable, reliable, accurate and, reproducible and standardised methods that take into account the generally recognised state-of- the art methods. Such methods shall fulfil the test, measurement and calculation requirements set out in the relevant delegated acts adopted pursuant to Article 4.
Amendment 443 #
2022/0095(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1 – introductory part
Article 35 – paragraph 1 – subparagraph 1 – introductory part
The Commission may, where there is agreement with the standardization organisations that is appropriate, adopt implementing acts laying down common specifications for ecodesign requirements, the essential requirements for product passports referred to in Article10 or for test, measurement or calculation methods referred to in Article 32, in the following situations:
Amendment 13 #
2022/0068(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Union and the United Kingdom may conclude other bilateral agreements between them that constitute supplementing agreements to the Trade and Cooperation Agreement and such supplementing agreements are an integral part of the overall bilateral relations as governed by this Agreement and form part of the overall framework. It is recalled that in accordance with Article 774 of the Trade and Cooperation Agreement that agreement neither applies to Gibraltar nor has any effects in that territory.
Amendment 18 #
2022/0068(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Should the need arise to exercise its rights in implementing and enforcing the Withdrawal Agreement and the Trade and Cooperation Agreement, the Union should be in a position to make appropriate use of the instruments available to it swiftly and in a proportionate, effective and flexible manner, while fully involving Member States and the European Parliament. The Union should also be able to take appropriate measures if effective recourse to binding dispute settlement under those Agreements is not possible because the United Kingdom does not cooperate in making such recourse possible. It is therefore necessary to lay down rules and procedures governing the adoption of those measures.
Amendment 19 #
2022/0068(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
Amendment 21 #
2022/0068(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5 b) Without prejudice to the powers of the Commission laid down in this Regulation, the European Parliament and the Council should be able to exercise their right of scrutiny under Article 11 of Regulation (EU) No 182/2011.
Amendment 25 #
2022/0068(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Since only the Union is party to the TCA and the WA, action at the level of international law in respect of these agreements can only be taken by the Union where they concern its exclusive competences, and thus the objective of this Regulation, namely to lay down rules and procedures governing the exercise of Union's rights under the Withdrawal Agreement and the Trade and Cooperation Agreement, and to empower the Commission to adopt the necessary measures including, as appropriate, restrictions in trade, investment or other activities within the scope of the latter Agreement cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. Moreover, since only the Union is Party to the TCA and the WA, action at the level of international law in respect of these agreements can only be taken by the 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 that objective,.
Amendment 35 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. The measures to be adopted pursuant to paragraph 1 shall be determined on the basis of the following criteria, in light of available information and of the Union's general interest:proportionality to the objectives pursued, the effectiveness of the measures in inducing compliance of the United Kingdom with the agreements referred to in Article 1(1) and any specific criteria that may be established in the agreements in connection with the measures referred to in Article 1(2).
Amendment 37 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 39 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 41 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 42 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
Amendment 44 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
Amendment 48 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. The Commission shall fully inform the European Parliament and the Council simultaneously and in a timely manner of all difficulties that may arise, in particular possible breaches of the Agreements and other situations that may give rise to measures taken pursuant to this Regulation, as well as of its intention to adopt measures referred to in paragraph 1 and of the follow up to any measures taken in order to enable a meaningful exchange of views to take place. The European Parliament shall have the possibility to give its opinion to the Commission, which the Commission shall consider before it adopts any enforcement measures. If the Commission does not follow the position of the European Parliament, the Commission shall explain the reasons for not doing so.
Amendment 50 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Where there is a particular concern of one or more Member States, or the European Parliament, that or those Member States may request the Commission to adopt measures referred to in Article 1(2), or the European Parliament may request the Commission to review its concern and assess the need to adopt such measures. If the Commission does not respond positively to such a request, it shall inform the European Parliament and the Council in a timely manner of its reasons.
Amendment 54 #
2022/0068(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. If, due to persisting significant divergences, rebalancing measures referred to in Article 1(2), point (c), of this Regulation last for more than a year, one or more Member States may request the Commission to activate the review clause provided for in Article 411 of the Trade and Cooperation Agreement, or the European Parliament may express its concern and request the Commission to review its concern and assess the need to activate the review clause. The Commission shall examine this request in a timely manner and shall consider seizing as appropriate the Partnership Council of that matter, in accordance with the provisions set out in the Trade and Cooperation Agreement. If the Commission does not respond positively to such a request, it shall inform the European Parliament and the Council in a timely manner of its reasons.
Amendment 214 #
2022/0066(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Violence against women and domestic violence violate fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protection, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union., the UN Convention on the Rights of the Child and its General comment No. 25 in relation to the digital environment
Amendment 228 #
2022/0066(COD)
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation and different forms of cyber violence, such as online sexual harassment, cyber bullying or, the unsolicited receipt of sexually explicit material or revenge porn and sextortion . Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
Amendment 321 #
2022/0066(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Rape should explicitly include all types of sexual penetration, with any bodily part or object, including when performed online by the victims themselves as a result of coercion such as cases of sextortion. The lack of consent should be a central and constitutive element of the definition of rape, given that frequently no physical violence or use of force is involved in its perpetration. Initial consent should be withdrawable at any given time during the act, in line with the sexual autonomy of the victim, and should not automatically imply consent for future acts. Non-consensual sexual penetration should constitute rape even where committed against a spouse or intimate partner.
Amendment 398 #
2022/0066(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Young people and children are increasingly connected at earlier age, and women and girls are at greater risk of encountering, being subjected to or targeted by cyber violence, involving new technologies. Gender-based violence can be perpetuated with greater ease and at greater scale online, using a range of online communications channels and tools, including social media, web content, discussion sites, dating websites, comment sections, and gaming chat rooms. The root causes of gender-based violence must be addressed. Common digital design features, either alone or in combination, can contribute to the replication of existing discriminatory practices and stereotypes, to the normalisation of gender-based violence, with a particular impact on norm creation in childhood.
Amendment 409 #
2022/0066(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In the case of domestic violence and violence against women, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against women affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from such forms of violence also when they are witness of violence, given the long-lasting detrimental consequences it has on children, and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that they are not held liable for breach of confidentiality.
Amendment 607 #
2022/0066(COD)
Proposal for a directive
Recital 58
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. Prevention should also take place in formal education, in particular, through strengthening comprehensive and age- appropriate sexuality education and socio- emotional competencies, empathy and developing healthy and respectful relationships.
Amendment 625 #
2022/0066(COD)
Proposal for a directive
Recital 60 a (new)
Recital 60 a (new)
(60a) Member states should ensure the full implementation of the rights of the child in the digital environment, including their rights to a high level of safety, privacy and security by design and default, and ensure that providers and operators of digital products or services likely to be accessed by children take the necessary measures to prevent, mitigate or minimise risks of violence against women and girls and domestic violence.
Amendment 1084 #
2022/0066(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The individual assessment shall be undertaken in collaboration with all relevant competent authorities depending on the stage of the proceedings, and relevant support services, such as victim protection centres and women’s shelters and children's specialised services, social services and healthcare professionals.
Amendment 1215 #
2022/0066(COD)
Proposal for a directive
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) the removal of that material is necessary to prevent or limit significant harm to the victim and further dissemination, thereby preventing revictimization;
Amendment 1397 #
2022/0066(COD)
Proposal for a directive
Article 33 – paragraph 2
Article 33 – paragraph 2
2. Child victims shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of domestic violence. Child victims of sexual exploitation and abuse online shall be provided with adequate reporting mechanisms to trusted flaggers, including the EU Centre to prevent and combat child sexual abuse as per article 40 of the Proposal for a Regulation laying down rules to prevent and combat child sexual abuse [2022/0155 (COD)] and have access to specific support mechanisms;
Amendment 1460 #
2022/0066(COD)
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Preventive measures shall include awareness-raising campaigns, research and education programmes, including age- appropriate and comprehensive sexuality education and early intervention programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholders.
Amendment 1504 #
2022/0066(COD)
Proposal for a directive
Article 36 a (new)
Article 36 a (new)
Article 36a Safety By Design 1. Member States shall ensure providers and operators of digital products or services likely to be accessed by children take measures to prevent, mitigate or minimise any risks their product or service may pose to gender equality and the safety of women and children; 2. Member States shall ensure providers of digital products or services likely to be accessed by children ensure a high level of safety, privacy and security by design and default for child users.
Amendment 1558 #
2022/0066(COD)
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The intervention programmes shall be made available for participation including to persons who fear they might commit any offence of violence against women or domestic violence. Special intervention programmes for potential offenders of child sexual abuse and exploitation should be arranged;
Amendment 115 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
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 operations of their subsidiaries, and the valuesupply chain operations carried out outside of the EU and by entities with whom the company has an established direct business relationship and
Amendment 128 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The nature of direct business relationships as ‘established’ shall be reassessed periodically, and at least every 12 months.
Amendment 210 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct 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 valuesupply chain;
Amendment 234 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘appropriate measure’ means a measure that is capable of achieving the objectives of due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific direct business relationship and the company’s influence thereof, and the need to ensure prioritisation of action.
Amendment 296 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chainssupply chains outside of the Union. The complaint must be factually justified and reasonably documented.
Amendment 313 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) persons who are directly affected or have reasonable and justifiable grounds to believe that they mightwill be affected by an adverse impact,
Amendment 319 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and, other workers’ representatives or civil society organisations representing individuals working in the valueor affected by the supply chain concerned,
Amendment 324 #
2022/0051(COD)
Amendment 344 #
2022/0051(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, mayshall issue specific and timely guidelines, including for specific sectors or specific adverse impacts. In particular, those guidelines shall facilitate the compliance of all companies with the obligations laid down in this Directive, taking into account the need to simplify the administrative burden for smaller companies, to ensure a level playing field within the Union and to ensure a consistent implementation of this Directive.
Amendment 410 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 73 years after the date of entry into force of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive. The report shall evaluate the effectiveness of this Directive in reaching its objectives and assess the following issues:
Amendment 414 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – point a
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 lowerchanged;
Amendment 428 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1 (new)
Article 29 – paragraph 1 – subparagraph 1 (new)
e) the impact on SMEs
Amendment 431 #
2022/0051(COD)
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
f) the availability and effectiveness of supporting tools
Amendment 116 #
2022/0047(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Products may be designed to make certain data directly available from an on- device data storage or from a remote server to which the data are communicated. Access to the on-device data storage may be enabled via cable-based or wireless local area networks connected to a publicly available electronic communications service or a mobile network. The server may be the manufacturer’s own local server capacity or that of a third party or a cloud service provider who functions as data holder. Data processors as defined in Regulation (EU) 2016/679 are by default not considered to act as data holders, unless specifically tasked by the data controller. They may be designed to permit the user or a third party to process the data on the product or on a computing instance of the manufacturer.
Amendment 170 #
2022/0047(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) In case of public emergencies, such as public health emergencies, emergencies resulting from environmental degradation and major natural disasters including those aggravated by climate change, as well as human-induced major disasters, such as major cybersecurity incidents, the public interest resulting from the use of the data will outweigh the interests of the data holders to dispose freely of the data they hold. In such a case, data holders should be placed under an obligation to make the data available to public sector bodies or to Union institutions, agencies or bodies upon their request. The existence of a public emergency is determined according to the respective procedures in the Member States or of relevant international organisations. In the case of major cybersecurity incidents, this should not result in the duplication of requirements for firms such as those under Regulation XXXX/XXXX on Digital Operational Resilience for the financial sector and the Directive XXXX/XXXX on measures for a high common level of cybersecurity across the union, repealing Directive (EU) 2016/1148.
Amendment 174 #
2022/0047(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) The ability for customers of data processing services, including cloud and edge services, to switch from one data processing servicecloud service provider to another, while maintaining a minimum functionality of service, is a key condition for a more competitive market with lower entry barriers for new service providers. Facilitating a multi-cloud approach for customers of cloud services also contributes to increase their digital operational resilience, as recognised for financial service institutions in the Digital Operational Resilience Act (DORA).
Amendment 178 #
2022/0047(COD)
Proposal for a regulation
Recital 69 a (new)
Recital 69 a (new)
(69a) Unnecessarily high data egress fees, or data transfer costs have the potential to restrict competition and cause lock-in effects for the customers of data processing services, by reducing incentives to choose a different or additional service provider. Therefore, the gradual withdrawal of the charges associated with switching data processing services shall specifically include withdrawing any “egress fees” charged by the data processing service to a customer.
Amendment 181 #
2022/0047(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) Data processCloud computing services should cover services that allow on-demand and broad remote access to a scalable and elastic pool of shareable and distributed computing resources. Those computing resources include resources such as networks, servers or other virtual or physical infrastructure, operating systems, software, including software development tools, storage, applications and services. The deployment models of cloud computing should include private, community, public and hybrid cloud. The aforementioned service and deployment models have the same meaning as the terms of service and deployment models defined under ISO/IEC 17788:2014 standard. The capability of the customer of the data processing service to unilaterally self- provision computing capabilities, such as server time or network storage, without any human interaction by the service provider of cloud computing services could be described as on-demand administration. The term ‘broad remote access’ is used to describe that the computing capabilities are provided over the network and accessed through mechanisms promoting the use of heterogeneous thin or thick client platforms (from web browsers to mobile devices and workstations). The term ‘scalable’ refers to computing resources that are flexibly allocated by the data processprovider of cloud computing service providers, irrespective of the geographical location of the resources, in order to handle fluctuations in demand. The term ‘elastic pool’ is used to describe those computing resources that are provisioned and released according to demand in order to rapidly increase or decrease resources available depending on workload. The term ‘shareable’ is used to describe those computing resources that are provided to multiple users who share a common access to the service, but where the processing is carried out separately for each user, although the service is provided from the same electronic equipment. The term ‘distributed’ is used to describe those computing resources that are located on different networked computers or devices and which communicate and coordinate among themselves by message passing. The term ‘highly distributed’ is used to describe data processing services that involve data processing closer to where data are being generated or collected, for instance in a connected data processing device. Edge computing, which is a form of such highly distributed data processing, is expected to generate new business models and cloud service delivery models, which should be open and interoperable from the outset.
Amendment 184 #
2022/0047(COD)
Proposal for a regulation
Recital 72
Recital 72
(72) This Regulation aims to facilitate switching between data processing services, which encompasses all conditions and actions that are necessary for a customer to terminate a contractual agreement of a data processing service, to conclude one or multiple new contracts with different providers of data processing services, to port all its digital assets, including data, to the concerned other providers and to continue to use them in the new environment while benefitting from functional equivalence. It should be noted that the data processing services in scope are those where data processing, as defined under the Regulation, forms part of the core-business of a provider. Digital assets refer to elements in digital format for which the customer has the right of use, including data, applications, virtual machines and other manifestations of virtualisation technologies, such as containers. Functional equivalence means the maintenance of a minimum level of functionality of a service after switching, and should be deemed technically feasible whenever both the originating and the desSwitching is an operation consisting in three main successive steps: i) data extraction, i.e downloading data from a originating provider’s ecosystem; ii) transformation, when the data is structured in a way that matches the schema of the target location iii) load of the data in a new destination location. Obstacles of different natures may occur during the different steps of the switching process. Cloud service providers and clients have different levels of responsibilities, depending on the steps of the process referred to. Obstacles to switching are of different nature, depending on the step of the switching process it is referred to. Functional equivalence means a definition as agreed upon by a customer and provider of data processing services, or the maintenance of a minimum level of pre-defined functionality during the switching process, to such an extent that the service will deliver comparable minimum level functionality, such as the same output at the same performance and with the same level of security, operational resilience and quality of service as agreed at the time of termination of the contract, where both the original and destination service providers independently offer the same core functionation data processing services cover (in part or in whole) the same service type. Meta-data, generated by the customer’s use of a service, should also be portable pursuant to this Regulation’s provisions on switching. lity; Services can only be expected to facilitate functional equivalence for the functionalities that both the originating and destination service offer. The Regulation does not instance an obligation of facilitating functional equivalence for data processing services of the PaaS and/or SaaS delivery model. Meta-data, generated by the customer’s use of a service, should also be portable pursuant to this Regulation’s provisions on switching. Data processing services are used across sectors and vary in complexity and service type; this is an important consideration with regards to the porting process and the timeframes.
Amendment 190 #
2022/0047(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) Data processProviders of cloud computing service providers should be required to remove all relevant obstacles, offer all assistance and support that is required to make the switching process successful, safe and effective and in line with the industry best practices, without requiring those data processing servicecloud computing providers to develop new categories of services within or on the basis of the IT-infrastructure of different data processing service providers to guarantee functional equivalence in an environment other than their own systems. Nevertheless, service providers are required to offer all assistance and support that is required to make the switching process effective. Providers of cloud computing services should support development of customer’s exit strategy relevant to the contracted services, including through providing information such as procedures for initiating switching from the cloud computing service, the machine-readable data formats that user’s data can be exported to, the tools, including at least one open standard data portability interface, foreseen to export data, information on known technical restrictions and limitations that could impact switching process, estimated time necessary to complete the switching process and additional services offered to facilitate the switching process, including the ability of the customer to test its switching process. Existing rights relating to the termination of contracts, including those introduced by Regulation (EU) 2016/679 and Directive (EU) 2019/770 of the European Parliament and of the Council67 should not be affected. Any mandatory period under this Regulation shall not affect the compliance with goals under sectoral legislation. _________________ 67 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).
Amendment 192 #
2022/0047(COD)
Proposal for a regulation
Recital 75 a (new)
Recital 75 a (new)
(75a) In order to facilitate switching between cloud computing services, providers of destination cloud computing services should cooperate in good faith with the provider of source cloud computing services with a view to enable the timely transfer of necessary items such as data or applications.
Amendment 194 #
2022/0047(COD)
Proposal for a regulation
Recital 75 b (new)
Recital 75 b (new)
(75b) Certain cloud computing services, such as cloud computing services, which have been custom built to facilitate a specific customer’s need, or cloud computing services that operate on a trial basis or only supply a testing and evaluation service for business product offerings, should be exempted from the obligations applicable to cloud computing service switching.
Amendment 196 #
2022/0047(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) Open interoperability specifications and standards developed in accordance with paragraph 3 and 4 of Annex II of Regulation (EU) 1025/2021 in the field of interoperability and portability enable a seamless multi-vendor cloud environment, which is a key requirement for open innovation in the European data economy. As market-driven processes have not demonstrated the capacity to establish technical specifications or standards that facilitate effective cloud computing service interoperability at the PaaS (platform-as-a- service) and SaaS (software-as-a-service) levels, the Commission should be able, on the basis of this Regulation and in accordance with Regulation (EU) No 1025/2012, to request European standardisation bodies to develop such standards, particularly forfor equivalent service types where such standards do not yet exist. In addition to this, the Commission will encourage parties in the market to develop relevant open interoperability specifications. TFollowing consultation with stakeholders and taking into account relevant international and European standards and self-regulating initiatives, the Commission, by way of delegated acts, can mandate the use of European standards for interoperability or open interoperability specifications for specific equivalent service types through a reference in a central Union standards repository for the interoperability of data processcloud computing services. European standards and open interoperability specifications will only be referenced if in compliance with the criteria specified in this Regulation, which have the same meaning as the requirements in paragraphs 3 and 4 of Annex II of Regulation (EU) No 1025/2021 and the interoperability facets defined under the ISO/IEC 19941:2017.
Amendment 198 #
2022/0047(COD)
Proposal for a regulation
Recital 79
Recital 79
(79) Standardisation and semantic interoperability should play a key role to provide technical solutions to ensure interoperability. In order to facilitate the conformity with the requirements for interoperability, it is necessary to provide for a presumption of conformity for interoperability solutions that meet harmonised standards or parts thereof in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council. The Commission should adopt common specifications in areas where no harmonised standards exist or where they are insufficient in order to further enhance interoperability for the common European data spaces, application programming interfaces, cloud switching as well as smart contracts. Additionally, common specifications in the different sectors could remain to be adopted, in accordance with Union or national sectoral law, based on the specific needs of those sectors. Reusable data structures and models (in form of core vocabularies), ontologies, metadata application profile, reference data in the form of core vocabulary, taxonomies, code lists, authority tables, thesauri should also be part of the technical specifications for semantic interoperability. Furthermore, following consultation with stakeholders and taking into account relevant international and European standards and self-regulating initiatives the Commission should be enabled to mandate the development of harmonised standards for the interoperability of data processcloud computing services.
Amendment 211 #
2022/0047(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. The obligations on 'data holders' laid down in Chapters II, V and VI in this Regulation shall not apply to public sector bodies.
Amendment 215 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audio-visual recording, however only raw 'data' that has not undergone any processing beyond mere collection or is generated as a by-product of the user's actions, including diagnostics and other technical data;
Amendment 251 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation negatively affecting the population of the Union, a Member State or part of it, with a risk of seriousany life- threatening, serious hazard and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s) as a consequence of: a) a major or regional natural disaster having the Union or the relevant Memberaken place on the territory of the same eligible State or of a neighbouring eligible State; or b) a major public health emergency having taken place on the territory of the same eligible State(s);
Amendment 254 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘data process'cloud computing service’ means a digital service other than an online content service as defined in Article 2(5) of Regulation (EU) 2017/1128, provided to a customer, which enables on-demand administration and broad remoservice enabling ubiquitous, scalable, elastic and on-demand network access to a shared pool of configurable computing resources of a centralised, distributed or highly distributed nature provided to a customer that can be rapidly provisioned and released with minimal management effort or service provider inte raccess to a scalable and elastic pool of shareable computing resources of a centralised, distributed or highly distributed nature;tion; (This amendment applies throughout the text [cloud computing service] shall replace [data processing service]. Adopting it will necessitate corresponding changes throughout.)
Amendment 261 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 a (new)
Article 2 – paragraph 1 – point 13 a (new)
(13a) ‘cloud computing service data portability’ means the ability of the cloud service to move and suitably adapt its data between the customer’s cloud services, including in different deployment models;
Amendment 263 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13 b (new)
Article 2 – paragraph 1 – point 13 b (new)
(13b) 'cloud computing service switching’ means the process where a cloud service customer suitably changes from using one cloud computing service to using a second equivalent or other service offered by a different provider of cloud computing services, involving the provider of source cloud computing services, the customer and the provider of destination cloud computing services.
Amendment 266 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘functional equivalence’ means a definition as agreed upon by a customer and provider of data processing services, or the maintenance of a minimum level of pre-defined functionality in the environment of a new data processing service after the switching process, to such an extent that, in response to an input action by the user on core elements of the service, the desduring the switching process, to such an extent that the service will deliver comparable minimum level functionation service will deliverlity, such as the same output at the same performance and with the same level of security, operational resilience and quality of service as the originating service at the time of termination of the contractagreed at the time of termination of the contract, where both the original and destination service providers independently offer the same core functionality;
Amendment 272 #
2022/0047(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) ‘Switching’ shall be understood as the process enabling, for any client of a cloud service provider, to extract, transform and load their data to another provider(s). By extension, switching also applies to configurations where data transfers occur when clients of cloud service providers are using several providers simultaneously.
Amendment 296 #
2022/0047(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) How long time the data holder shall store such data and thus make it available for the data user.
Amendment 328 #
2022/0047(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 347 #
2022/0047(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
Amendment 364 #
2022/0047(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. A data holder shall not discriminate between comparable categories of data recipients, including partner enterprises or linked enterprises, as defined in Article 3 of the Annex to Recommendation 2003/361/EC, of the data holder, when making data available. Where a data recipient considershas a reasonable doubt that the conditions under which data has been made available to it to be discriminatory, it shall be for the data holder and the data recipient to demonstrate thatwhether there has been no discrimination.
Amendment 380 #
2022/0047(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The data holder should be allowed to charge the data user for a value-added data service irrespective of article 4.1.
Amendment 470 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Providers of a data processcloud computing service shall take the measures provided for in Articles 24, 25 and 26 to ensure that customers of their service canable customers switching to another data processcloud computing service, covering the sameequivalent service type, which is provided by a different service provider of cloud computing services. In particular, providers of data processa cloud computing service shall removnot impose commercial, technical, contractual and organisational obstacles, which inhibit customers from:
Amendment 473 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) terminating, after a maximum notice period of 30 calendar days or after a notice period agreed in the contractual agreement between the customer and the provider of cloud computing services, the contractual agreement of the service;
Amendment 479 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) concluding new contractual agreements with a different provider of data processcloud computing services covering the sameequivalent service type;
Amendment 480 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) porting ithe customer's data, applications and other digital assets to another provider of data processing services; and receiving its data, applications, depending on the service type, and other digital assets from the cloud computing provider;
Amendment 486 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) maintaining functional equivalence of the service in the IT-environment of the different provider or providers of data processing servicecloud computing providers covering the same service type, in accordance with Article 26. , without requiring those cloud computing providers to develop or copy new categories of services within or on the basis of the IT-infrastructure of different cloud computing providers to guarantee functional equivalence in an environment other than their own systems.
Amendment 488 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
Amendment 490 #
2022/0047(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Paragraph 1 shall only apply to obstacles that are related to the services, contractual agreements or commercial practices provided by the original providerprovider of source cloud computing services.
Amendment 496 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. The rights of the customer and the obligations of the provider of a data processcloud computing service in relation to switching between providers of such services shall be clearly set out in a written contract. Without prejudice to Directive (EU) 2019/770, that contrace provider of cloud computing services shall ensure that contractual agreement shall include at least the following:
Amendment 501 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – introductory part
Article 24 – paragraph 1 – point a – introductory part
(a) clauses allowing the customer, upon request, to switch to a data processing service offered by another provider of data processing service or to port all data, applications and digital assets generated directly or indirectly by the customer to an on-premise system, in particular the establishment of a mandatory maximum transition period of 30 calendar days, to be initiated after the maximum notice period referred to in Article 23, during which the data processing service provider shall:
Amendment 512 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 1
Article 24 – paragraph 1 – point a – point 1
(1) assist and, where technically feasible, complethrough and facilitate the switching process;
Amendment 514 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2
Article 24 – paragraph 1 – point a – point 2
(2) ensure fullact with due care to maintain business continuity and security of the service and, taking into account the advancement in the switching process, ensure, to the greatest extent possible, continuity in the provision of the respectivelevant functions or services within the provider of source cloud computing services’ infrastructure capacity and according to the contractual obligations.
Amendment 518 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2 a (new)
Article 24 – paragraph 1 – point a – point 2 a (new)
(2 a) provide clear information concerning known risks to continuity in the provision of the respective functions or services from the side of provider of source cloud computing services during the switching process.
Amendment 522 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a – point 2 b (new)
Article 24 – paragraph 1 – point a – point 2 b (new)
(2 b) obligation to complete the switching process within the period which may not exceed 6 months. The customer shall retain the right to extend this period, if needed, prior to or during the switching process;
Amendment 527 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) an exhaustive specification of all data and application categories exportable during the switching process, including, at minimum, all data imported by the customer at the inception of the service agreement and all data and metadata related to the customer's services and created by the customer and by the use of the service during the period the service was provided, including, but not limited to, configuration parameters, security settings, access rights and access logs to the service; being understood that cloud service providers shall not be required to disclose trade secrets or other proprietary information.
Amendment 534 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b a (new)
Article 24 – paragraph 1 – point b a (new)
(b a) support for development of the customer’s exit strategy relevant to the contracted services, including through providing information such as procedures for initiating switching from the cloud computing service, the machine-readable data formats that user’s data can be exported to, the tools, including at least one open standard data portability interface, foreseen to export data, known technical restrictions and limitations that could impact switching process, estimated time necessary to complete the switching process, costs indication related to the data transfers and additional services offered to facilitate the switching process, including the ability of the customer to test its switching process.
Amendment 536 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) a minimum period for data retrieval of at least 30 calendar days, starting after the termination of the transition period that was agreed between the customer and the service provider of cloud computing services, in accordance with paragraph 1, point (a) and paragraph 2.
Amendment 547 #
2022/0047(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2 a. Following a successful switch to another provider or back on-premises by the customer, the provider of the cloud computing service should be required to permanently delete the user data, unless otherwise expressly agreed.
Amendment 548 #
2022/0047(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Amendment 553 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. From [date X+3yrs, the date of entry into force of this Regulation] onwards, providers of data processcloud computing services shall not impose any charges on the customers who are consumers for the switching process.
Amendment 565 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. From [date X, the date of entry into force of the Data Act] until [date X+3yrsis Regulation], providers of data processcloud computing services mayshall impose reduced charges on theall customers for the switching process.
Amendment 570 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The charges referred to in paragraph 2 shall not exceed the costs incurred by the provider of data processcloud computing services that are directly linked to the switching process and shall be associated with mandatory operations that the provider of cloud computing processing services must perform as part of the switching process concerned.
Amendment 572 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3 a. Before entering into a contractual agreement with a customer, the provider of cloud computing services shall provide the customer with clear information describing the charges imposed on the customer for the switching process and where relevant, shall provide information on services associated with highly complex or costly switching or impossible to switch without significant interference in the data or application or service architecture.
Amendment 573 #
2022/0047(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation in order to introduce a monitoring mechanism for the Commission to monitor switching charges imposed by data processproviders of cloud computing service providers on the market to ensure that the withdrawal of switching charges as described in paragraph 1 of this Article will be attained in accordance with the deadline provided in the same paragraph.
Amendment 575 #
2022/0047(COD)
Proposal for a regulation
Article 26 – title
Article 26 – title
Technical aspects of switching and interoperability
Amendment 579 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Providers of data processcloud computing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers, networks and the virtual resources necessary for operating the infrastructure, but that do not provide access to the operating services, software and applications that are stored, otherwise processed, or deployed on those infrastructural elements, shall ensureto the extend possible support that the customer, after switching to a service covering the same service type offered by a different provider of data processcloud computing services, enjoysis well equipped to achieve functional equivalence in the use of the new service.
Amendment 583 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For data processing services other than those covered by paragraph 1, providers of data processProviders of cloud computing services, including providers of destination cloud computing services shall make open interfaces publicly available and free of charge for the purpose of portability and interoperability.
Amendment 587 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. For data processing services other than those covered by paragraph 1, providers of data processing services shallAll providers of cloud computing services shall, where technically feasible, ensure compatibility with open interoperability specifications or European standards for interoperability that are identified in accordance with Article 29(5) of this Regulation.
Amendment 589 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the equivalent service type concerned, the provider of data processcloud computing services shall, at the request of the customer, export where technically feasible, all data generated or co-generated, including the relevant data formats and data structures, and metadata in a structured, commonly used and machine- readable format as indicated to the customer in accordance with Article 24 (1 ab), unless other format is accepted by the customer.
Amendment 594 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. Where the open interoperability specifications or European standards referred to in paragraph 3 do not exist for the service type concerned, the provider of data processing services shall make APIs available for the purpose of interoperability. These APIs shall ensure, where technically feasible, that third-party services can enjoy the same functional equivalence as first-party services.
Amendment 597 #
2022/0047(COD)
Proposal for a regulation
Article 26 – paragraph 4 b (new)
Article 26 – paragraph 4 b (new)
4 b. The requirements set out in this chapter shall not require a provider of cloud computing services to: a) develop new technologies or services; b) disclose or transfer proprietary or confidential data or technology that is protected as a trade secret or by other property rights, to the customer or to another provider of cloud computing services;or c) engage in, facilitate or enable anti- competitive behaviour.
Amendment 598 #
2022/0047(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26 a Withdrawal of interoperability charges 1. From [date X] onwards, providers of data processing services shall not impose charges for the interoperability process in excess of the costs incurred by the provider of data processing services that are directly linked to the interoperability process concerned. 2. The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation in order to introduce a monitoring mechanism for the Commission to monitor interoperability charges imposed by data processing service providers on the market to ensure that the limitation of interoperability charges as described in paragraph 1 of this Article will be attained in accordance with the deadline provided in the same paragraph.
Amendment 599 #
2022/0047(COD)
Proposal for a regulation
Article 26 b (new)
Article 26 b (new)
Article 26 b Exemptions for certain cloud computing services The obligations set out in this Chapter shall not apply to: a) cloud computing services, which have been custom-built to facilitate a specific customer’s need; b) cloud computing services that operate on a trial basis or only supply a testing and evaluation service for business product offerings.
Amendment 608 #
2022/0047(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c a (new)
Article 27 – paragraph 3 – subparagraph 1 – point c a (new)
(c a) or where the Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question ensures an adequate level of protection according to Article 45 of the Regulation (EU) 2016/679.
Amendment 613 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Amendment 625 #
2022/0047(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 629 #
2022/0047(COD)
Proposal for a regulation
Article 29 – title
Article 29 – title
Interoperability and portability for data processing services
Amendment 630 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Open interoperability and portability specifications and European standards for the interoperability of data processing services shall:
Amendment 634 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) be performance oriented towards achieving interoperability and portability between different data processing services that cover the same service type;
Amendment 636 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) enhance interoperability and portability of digital assets between different data processing services that cover the same service type;
Amendment 643 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. Open interoperability specifications and European standards for the interoperability and portability of data processing services shall address:
Amendment 647 #
2022/0047(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. For the purposes of Article 26(3) of this Regulation, the Commission shall be empowered to adopt delegated acts, in accordance with Article 38, to publish the reference of open interoperability specifications and European standards for the interoperability and portability of data processing services in central Union standards repository for the interoperability and portability of data processing services, where these satisfy the criteria specified in paragraph 1 and 2 of this Article.
Amendment 61 #
2022/0032(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Semiconductors are at the core of any digital device: from smartphones and cars, through critical applications and infrastructures in health, energy, communications and automation to most other industry sectors. While semiconductors are essential to the functioning of our modern economy and society, the Union has witnessed unprecedented disruptions in their supply. The current supply shortage is a symptom of permanent and serious structural deficiencies in the Union’s semiconductor value and supply chainresult of panic purchasing, coupled with last- minute order changes or cancellations, supplier shutdowns in Asia, and political instability in parts of the world. The disruptions have exposed long-lasting vulnerabilities in this respect, notably a strong third-country dependency in manufacturing and design of chips.
Amendment 78 #
2022/0032(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to take measures to build capacity and strengthen the Union’s semiconductor sector in line with Article 173(3) of the Treaty. These measures do not entail the harmonisation of national laws and regulations. In this regard, the Union should reinforce the competitiveness and resilience of the semiconductor technological and industrial base, whilst strengthening the innovation capacity of its semiconductor sector, reducing dependence on a limited number of third country companies and geographies, and strengthening its capacity to design and produce advanced componentnext generation semiconductor technologies. The Chips for Europe Initiative (the ‘Initiative’) should support these aims by bridging the gap between Europe’s advanced research and innovation capabilities and their sustainable industrial exploitation. It should promote capacity building to enable design, production, packaging, testing and systems integration in next generation semiconductor technologies, enhance collaboration among key players across the Union, strengthening Europe's semiconductor supply and value chains, serving key industrial sectors and creating new markets.
Amendment 83 #
2022/0032(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The achievement of these objectives will be supported by a governance mechanism. At Union level, this Regulation establishes a European Semiconductor Board, composed of representatives of the Member States, the relevant semiconductor industry actors and research organisations, and chaired by the Commission. The European Semiconductor Board will provide advice to and assist the Commission on specific questions, including the consistent application of this Regulation, facilitating cooperation among Member States and exchanging information on issues relating to this Regulation. The European Semiconductor Board should hold separate meetings for its tasks under the different chapters of this Regulation. The different meetings may include different compositions of the high-level representatives and the Commission may establish subgroups.
Amendment 91 #
2022/0032(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Given the globalised nature of the semiconductor supply chain, international cooperation with third partner countries is an important element to achieve a resilience of the Union’s semiconductor ecosystem. The actions taken under this Regulation should also enable the Union to play a stronger role, as a centre of excellence, in a better functioning global, interdependent semiconductors ecosystem. The Commission, assisted by the European Semiconductor Board, should cooperate and build partnerships with third partner countries with a view to seeking solutions to address, to the extent possible, disruptions of the semiconductor supply chain.
Amendment 92 #
2022/0032(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The Commission, on behalf of the Union, shall pursue cooperation with strategic partners such as the United States, Japan, South Korea and Taiwan and other like-minded partners, with a view to strengthening the semiconductor supply chain and addressing future supply chain disruptions through a 'Chips Diplomacy Initiative'. To this end, Commission should promote international cooperation with strategic partners through future investment and trade agreements, the EU-US and EU-India Trade and Technology Councils, as well as relevant international fora, where the strengthening of the semiconductor supply chain and addressing future supply chain disruptions should be a key priority. In addition, where necessary, the Commission should enter into a dialogue, consultations or cooperation framework with relevant third countries with a view to seeking solutions to address supply chain disruptions or third country decisions that could cause such disruptions, such as those related to extraterritorial export restrictions, in line with international obligations. This may involve coordination in relevant international fora or other diplomatic measures, while ensuring robust engagement with the stakeholder community.
Amendment 107 #
2022/0032(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Integrated Production Facilities and Open EU Foundries should provide semiconductor manufacturing capabilities, or manufacturing capabilities in material and/or equipment exclusively used in semiconductor manufacturing that are “first-of-a-kind” in the Union and contribute to the security of supply and to a resilient ecosystem in the internal market. The qualifying factor for the production of a first-of-a-kind facility could be with regard to the technology node, substrate material, such as silicon carbide and gallium nitride, and other product innovation that can offer better performance, process technology or energy and environmental performance. A facility of a comparable capability on an industrial scale should not yet substantively be present or committed to be built within the Union, excluding facilities for research and development or small-scale production sites.
Amendment 108 #
2022/0032(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Where an Open EU Foundry offers production capacity to undertakings not related to the operator of the facility, the Open EU Foundry should establish, implement and maintain adequate and effective functional separation in order to prevent the exchange of confidential information between internal and external production. This should apply to any information gained in the design and in the front-end or back-end manufacturing processes including trade secrets or content protected by intellectual property rights.
Amendment 113 #
2022/0032(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) In light of the structural deficienciescomplexity of the semiconductor supply chain and the resulting risks of future shortages, this Regulation provides instruments for a coordinated approach to monitoring and effectively tackling possible market disruptions.
Amendment 115 #
2022/0032(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Due to the complex, quickly evolving and interlinked semiconductor value chains with various actors, a coordinated approach to regular monitoring is necessary to increase the understanding of the value chain as well as the ability to mitigate risks that may negatively affect the supply of semiconductors. The Commission and Member States should monitor the semiconductor value chain focusing on early warning indicators and the availability and integrity of the services and goods provided by key market actors, in such a way that it would not represent an excessive administrative burden for undertakings.
Amendment 119 #
2022/0032(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Any relevant findings, including information provided by relevant stakeholders and industry associations, shFindings that are relevant for the purpose of mitigating risks and/or signalling disruptions in the supply chain could be provided to the European Semiconductor Board to allow for a regular exchange of information between high- level representatives of Member States and for integration of the information into a monitoring overview of the semiconductor value chains.
Amendment 126 #
2022/0032(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) As part of the monitoring, national competent authorities should also do a mapping of undertakings operating in the Union along the semiconductor supply chain established in their national territory and notify this information to the Commissionthe European Semiconductor Board should do a long-term mapping of the dynamics, strengths and weaknesses of the semiconductor value chain, including a holistic understanding of the market, the barriers to entry and technology characteristics. Once complete, the mapping could be updated and revised every six months.
Amendment 128 #
2022/0032(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to facilitate effective monitoring, in-depth assessment of the risks associated with different stages of the semiconductor value chain is needed, including on the origins and sources of supplies beyond the Union. Such risks may be related to critical inputs and equipment for the industry, including digital products that may be vulnerable, possible impact of counterfeit semiconductors, manufacturing capacities and other risks that may disrupt, compromise or negatively affect the supply chain. Those risks could include supply chains with a single point of failure or which are otherwise highly concentrated. Other relevant factors could include the availability of substitutes or alternative sources for critical inputs and resilient and sustainable transport. The Commission should, assisted by the European Semiconductor Board and taking also into account information received from the main user categories, develop a Union level risk assessment. Moreover, appropriate measures, procedures and remedies must be provided to ensure the availability of civil redress against the unauthorized acquisition or use of trade secrets or copyrighted works embedded in semiconductors.
Amendment 131 #
2022/0032(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37 a) In order to increase the Union’s global role in the semiconductors ecosystem and its value chain, due consideration must be paid to the demand for rare earths and critical raw materials and gases. Member States and the Commission should ensure that the Union does not create a new dependency, but rather a sustainable supply chain, in line with the Statement on Critical Raw Materials Act published following the State of the European Union in September 2022.
Amendment 137 #
2022/0032(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Close cooperation between the Commission and the Member States, Member States industry and research stakeholders, and coordination of any national measures taken with regard to the semiconductor supply chain is indispensable during the crisis stage with a view to addressing disruptions with the necessary coherence, resiliency and effectiveness. To this end, the European Semiconductor Board should hold extraordinary meetings as necessary. Any measures taken should be strictly limited to the duration period of the crisis stage.
Amendment 143 #
2022/0032(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) A number of sectors are critical for the proper functioning of the internal market. Those critical sectors are the sectors listed in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities61 . For the purposes of this Regulation, defence and other activities that are relevant for public safety and security should be additionally considered as a critical sector. Certain measures should only be enacted fur the purpose of securing supply to critical sectors in a crisis stage. The Commission mayshould limit the emergency measures to certain of these sectors or to certain parts of them when the semiconductor crisis has disturbed or is threatening to disturb their operation. _________________ 61 COM(2020) 829. 16.12.2020.
Amendment 157 #
2022/0032(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) In order to ensure trustful and constructive cooperation of competent authorities at Union and national level, all parties involved in the application of this Regulation should respect the confidentiality of information and data, including trade secrets or content protected by intellectual property rights, obtained in carrying out their tasks. The Commission and the national competent authorities, their officials, servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States should not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. This should also apply to the European Semiconductor Board and the Semiconductor Committee established in this Regulation. Where appropriate, the Commission should be able to adopt implementing acts to specify the practical arrangements for the treatment of confidential information, including trade secrets or content protected by intellectual property rights, in the context of information gathering.
Amendment 158 #
2022/0032(COD)
Proposal for a regulation
Recital 59 a (new)
Recital 59 a (new)
(59 a) Innovative businesses are increasingly exposed to unlawful or anticompetitive practices aimed at misappropriating intellectual property and trade secrets, such as theft, unauthorised copying, industrial espionage or the breach of confidentiality requirements from outside the Union, particularly in high-technology fields like the semiconductor sector. Intellectual property theft or the unlawful use of trade secrets in the semiconductor sector could compromise the objectives of the Chips Act by inhibiting the ability of private holders of intellectual property to obtain legitimate first-mover returns from their innovation-related efforts and thus diminish incentives for private investment. In the absence of the effective enforcement of the existing rules for the protection of intellectual property in third countries, incentives to engage in innovation-related activity beyond the borders of the internal market could therefore be undermined. This Regulation should therefore ensure the effective enforcement of intellectual property law in the semiconductor sector, in full respect of Directives (EU) 2016/9431a and 2004/48/EC1b of the European Parliament and of the Council. Furthermore, it introduces stricter terms for beneficiaries for engaging in significant transactions in third countries with an intellectual property theft programme directed at the Union of a Member State.
Amendment 159 #
2022/0032(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the selection of ECICs and as regards the procedure for establishing and defining the tasks of competence centres and the procedure for establishing the network, so that the objectives of the Initiative are achieved. Furthermore, implementing powers should be conferred on the Commission as regards activating the crisis stage in a semiconductor crisis, to allow a rapid and coordinated response, and for specifying the practical arrangements for the treatment of confidential information, including trade secrets or content protected by intellectual property rights. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council64 of the European Parliament and of the Council. _________________ 64 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers, (OJ L 55, 28.2.2011, p. 13).
Amendment 163 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘semiconductor supply chain’ means the system of activities, organisations, actors, technology, information, resources and services involved in the production of semiconductors, including raw materials, manufacturing equipment, design, fabrication, assembly, testing and packaging, packaging, and advanced packaging, including raw materials and gases;
Amendment 165 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘first-of-a-kind facility’ means an industrial facility capable of semiconductor manufacturing, including front-end or back-end, or both, or capable of manufacturing materials or equipment exclusively used in semiconductor manufacturing, that is not substantively already present or committed to be built within the Union, for instance with regard to the technology node, substrate material, such as silicon carbide and gallium nitride, and other product innovation that can offer better performance, process innovation or energy and environmental performance;
Amendment 167 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘key market actors’ means undertakings in the Union semiconductor sectorupply chain, the reliable functioning of which is essential for the semiconductor supply chain;
Amendment 170 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘critical sector’ means any sector referred to in the Annex of the Commission proposal for a Directive of the European Parliament and of the Council on the resilience of critical entities, the defence sector and other activities that are relevant for public safety and security defence sector;
Amendment 173 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16 a) ‘crisis’ means a serious and unforeseen event which has a severe impact on the Union and substantially endangers or restricts the security, safety and the public health and alters the normal functioning of society and of the economy, and requires exceptional measures in order to supply the population with critical necessities;
Amendment 175 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘crisis-relevant product’ means semiconductors, intermediate products and critical raw materials and gases required to produce semiconductors or intermediate products, that are materially affected by the semiconductor crisis or of strategic importance to remedy the semiconductor crisis or economic effects thereof;
Amendment 191 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e – point 3
Article 4 – paragraph 2 – point e – point 3
(3) accelerating investment in the field of semiconductor manufacturing technologies and chip design and to leveraging funding from both the public and the private sectors, while increasing the security of supply and intellectual property protection for the whole semiconductor value chain.
Amendment 207 #
2022/0032(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall designate candidate competence centres in accordance with its national procedures, administrative and institutional structures through an open and competitive process. The Commission shall, by means of implementingdelegated acts, set the procedure for establishing competence centres, including selection criteria, and further tasks and functions of the centres with respect to the implementation of the actions under the Initiative, the procedure for establishing the network as well to adopt decisions on the selection of entities forming the network. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 33(2).
Amendment 208 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Integrated Production Facilities are first-of-a-kind semiconductor design and manufacturing facilities, including front- end or back-end, or both, or capable of manufacturing materials or equipment exclusively used in semiconductor manufacturing in the Union that contribute to the security of supply for the internal market.
Amendment 228 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Article 15 – paragraph 1 – subparagraph 1 – introductory part
The Commission, in cooperation with Member States, shall carry out regular monitoring of the semiconductor value chain. In particular, they shall:
Amendment 233 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 235 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Commission, in cooperation with Member States, shall invite the main users of semiconductors and other relevant stakeholders to provide information regarding significant fluctuations in demand and known disruptions of their supply chain. To facilitate the exchange of information, Member States shall provide for a mechanism and administrative set-up for these updates.
Amendment 237 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. The Commission shall provide for standardised and secure means for the information collection and processing for the purpose of paragraph 1, with due regard to minimising the administrative burden for SMEs.
Amendment 238 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. NThe Commission, in cooperation with national competent authorities designated pursuant to Article 26(1), may request information from representative organisations of undertakings or individual undertakings operating along the semiconductor supply chain where necessary and proportionate for the purpose of paragraph 1. National competent authoritiThey will provide for standardised and secure means for the information collection and proces sin such caseg for the purpose of paragraph 1, and will pay particular attention to SMEs to minimise administrative burden resulting from the request and will privilege digital solutions for obtaining such information. Any information obtained pursuant to this paragraph shall be treated in compliance with the confidentiality obligations set out in Article 27.
Amendment 242 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 5 – point a – point 1 a (new)
Article 15 – paragraph 5 – point a – point 1 a (new)
(1 a) coordinating with stakeholders of the semiconductor value chain with a view to of identifying, preparing and operationalising preventive measures to mitigate shortages and choke points that would prevent escalation towards a crisis stage;
Amendment 244 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 5 – point b
Article 15 – paragraph 5 – point b
(b) enter into consultations or cooperation, on behalf of the Union, with relevant third countries with a view to seeking cooperative solutions to address supply chain disruptions or third country decisions, such as those related to extraterritorial export restrictions, that could cause such disruptions, in compliance with international obligations. This may involve, where appropriate, coordination in relevant international fora or other diplomatic measures while ensuring robust engagement with the stakeholder community.
Amendment 251 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall, after consulting develop a list of early warning indicators in cooperation with the European Semiconductor Board, assess with a view to identifying risks that may disrupt, compromise or negatively affect the supply of semiconductors (Union risk assessment). In the Union risk assessment, the Commission shall identify early warning indicators.
Amendment 253 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission shall review the Union risk assessment including the early warning indicators as necessary.
Amendment 254 #
2022/0032(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. When monitoring the semiconductor value chain pursuant to Article 15, Member States shall monitor the early warning indicators identified by the Commission, and the European Semiconductor Board.
Amendment 261 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. A semiconductor crisis shall be considered to occur, as defined in article 2(1)(16a), when there are serious disruptions in the supply of semiconductors leading to significant shortages, which:
Amendment 263 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) entail significant delays or significant negative effects on one or more important economic sectorcritical sectors or essential services in the Union, or
Amendment 265 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where an assessment of the Commission provides concrete, serious, and reliable evidence of a semiconductor crisis, the Commission may, after consulting the European Semiconductor Board, activate the crisis stage by means of implementing acts in accordance with Article 33(2). The duration of the activation shall be specified in the implementing act. WThere, in view of the scope and gravity of the semiconductor crisis, duly justified imperative grounds of urgency so require, the procedure provided for in Article 33(3) shall apply to implementing acts adopted pursuant to this Article Commission shall report on a regular basis to the European Semiconductor Board.
Amendment 274 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Commission shall, after consulting the European Semiconductor Board, request representative organisations of undertakings or, if necessary, individual undertakings operating along the semiconductor supply chain to inform the Commission about their production capabilities, production capacities, current primary disruptions and provide other existing data. The requested information shall be limited to what is the minimum necessary to assess the nature of the semiconductor crisis or to identify and assess potential mitigation or emergency measures at national or Union level. The Commission shall substantiate its targeted requests for sensitive and business confidential data and shall keep them to the minimum. The Commission shall develop the request for information in cooperation with the European Semiconductor Board. The Commission shall provide for secure means for the information collection and processing that ensures confidentiality, business secrecy and cybersecurity with due regard to minimising the administrative burden for SMEs.
Amendment 276 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The request for information shall state its legal basis, be proportionate in terms of the granularity and volume of the data and frequency of access to the data requested, have regard for the legitimate aims of the undertaking, take into account the protection of trade secrets and business sensitive information and the cost and effort required to make the data available, and set out the time limit within which the information is to be provided. It shall also indicate the penalties provided for in Article 28.
Amendment 279 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where necessary and proportionate to ensure the operation of all or certain critical sectors, the Commission may oblige Integrated Production Facilities and Open EU Foundries that have received public financial support to accept and prioritise an order of crisis-relevant products (‘priority rated order’). The obligation shall take precedence over any performance obligation under private or public law.
Amendment 281 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The obligation under paragraph 1 can also be imposed to other semiconductor undertakings which have accepted such possibility in the context of receiving public financial support.
Amendment 284 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The obligations under paragraph 1, 2 and 3 shall be enacted by the Commission via decision. The decision shall be takena last resort measure taken after consulting the European Semiconductor Board, in accordance with all applicable Union legal obligations, having regard to the circumstances of the case, including the principles of necessity and proportionality. The decision shall in particular have regard foronly be made when all other measures have been exhausted and in particular have regard for the preventive measures taken by the critical sector requesting the priority order, and the legitimate aims of the undertaking concerned and the cost and effort required for any change in production sequence. In its decision, the Commission shall state the legal basis of the priority rated order, fix the time-limit within which the order is to be performed, and, where applicable, specify the product and quantity, and state the penalties provided for in Article 28 for non- compliance with the obligation. The priority rated order shall be placed at fair and reasonable price.
Amendment 290 #
2022/0032(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point c
Article 23 – paragraph 2 – point c
(c) discussing and preparing, with involvement of key market actors, the identification of specific sectors and technologies with potential high social impact and respective security significance in need of certification for trusted products;
Amendment 292 #
2022/0032(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point e a (new)
Article 23 – paragraph 2 – point e a (new)
(e a) creating and regularly updating the long- term mapping of the dynamics in, as well as strengths and weaknesses of the semiconductor value chain in the Union. This mapping exercise may help the Chips Act to set targets, allowing for more focused investments in capability gaps.
Amendment 293 #
2022/0032(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point e b (new)
Article 23 – paragraph 2 – point e b (new)
(e b) providing advice and assisting the Commission with regard to developing consistent guidelines on how to best protect, in the context of this Regulation, confidential information, including trade secrets or content protected by intellectual property rights, from unlawful access that risks intellectual property theft or industrial espionage;
Amendment 297 #
2022/0032(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The European Semiconductor Board shall be composed of representatives of the Member States, and three representatives of the Industrial Alliance on Processors and Semiconductor Technologies, and shall be chaired by a representative of the Commission.
Amendment 299 #
2022/0032(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission may establish standing or temporary sub-groups for the purpose of examining specific questions. Where appropriate, the Commission mayshall invite organisations within the Union and from partner countries representing the interests of the semiconductor industry, including the Industrial Alliance on Processors and Semiconductor Technologies and users of semiconductors at Union level, to participate in such sub- groups in the capacity of observeras observers that enjoy speaking rights, but no voting rights. A sub-group including Union Research and Technology Organisations shall be established for the purpose of examining specific aspects on strategic technology directions and reporting on this to the European Semiconductor Board.
Amendment 302 #
2022/0032(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The Commission shall involve industry and civil society stakeholders in their respective role, meaning that the Commission may appoint observers to take part in the meetings, as appropriate. The Commission may invite experts with specific expertise, including from relevant stakeholder organisations, such as the Industrial Alliance for Processors and Semiconductor Technologies, with respect to a subject matter on the agenda to take part in the meetings of the European Semiconductor Board on an ad hoc basis. The Commission may facilitate exchanges between the European Semiconductor Board and other Union bodies, offices, agencies and advisory groups. The Commission shall invite a representative from the European Parliament as an observer to the European Semiconductor Board. The Commission shall ensure the participation of relevant other Union institutions and bodies as observers to the European Semiconductor Board with respect to meetings concerning Chapter IV on monitoring and crisis response. Observers and experts shall not have voting rights and shall notbut may be invited to participate in the formulation of opinions, recommendations or advice of the European Semiconductor Board and its sub-groups.
Amendment 304 #
2022/0032(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The European Semiconductor Board shall take the necessary measures to ensure the safe handling and processing of confidential information, including trade secrets or content protected by intellectual property rights.
Amendment 309 #
2022/0032(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission and the national competent authorities, their officials, servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. They shall respect the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect in particular any intellectual property rights and sensitive business information orand trade secrets. They shall take appropriate technical and organisational measures to preserve the confidentiality of sensitive business information and trade secrets. This obligation shall apply to all representatives of Member States, key market actors observers, experts and other participants attending meetings of the European Semiconductor Board pursuant to Article 23 and the members of the Committee pursuant to Article 33(1).
Amendment 311 #
2022/0032(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 314 #
2022/0032(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The Commission may adopt implementing acts, as necessary following experience gained in information gathering, to specify the practical arrangements for the treatment of confidential information, including trade secrets or content protected by intellectual property rights, in the context of exchange of information pursuant to this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33(2).
Amendment 315 #
2022/0032(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27 a IP-Theft Guardrails 1. Each undertaking receiving Union funds under this Regulation (beneficiary) shall enter into an agreement with the Commission that, for a duration of 10 years, precludes the beneficiary from engaging in any significant transactions, as defined in that agreement, involving the material expansion of semiconductor manufacturing or R&D capacity in a third country with an intellectual property theft programme directed at the Union or a Member State. This shall not apply to significant transactions that predominantly serves the market of a third country, or to existing facilities, equipment or R&D of a beneficiary intended for manufacturing legacy semiconductors. 2. During the term of agreement, the beneficiary shall notify the Commission of any planned significant transactions. The Commission shall decide whether this constitutes a breach of the agreement, and shall notify the beneficiary. In case of a breach, the Commission will first propose and agree on conditions with the beneficiary for the mitigation of risks concerning intellectual property theft. Im lieu of an agreement, the Commissions shall request evidence that the planned significant transaction has ceased or has been abandoned. If the beneficiary fails to cease or abandon a breach, the Commission shall recover the full amount of the Union funds provided to the beneficiary and may impose fines. Any information obtained pursuant to this paragraph shall be treated in compliance with the confidentiality obligations set out in Article 27.
Amendment 11 #
2021/2200(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Indo-Pacific region has become a geopolitical and geoeconomic reality; whereas the global economy’s centre of gravity has shifted from the Atlantic to the PacificIndo-Pacific region has become a major economic power;
Amendment 13 #
2021/2200(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe and the Indo- Pacific together represent over 70 % of global trade in goods and services and over 60 % of foreign direct investment (FDI) with their annual trade reaching EUR 1.5 trillion in 2019; whereas the Indo-Pacific region produces 60 % of global gross domestic product (GDP) and contributes to two thirds of global economic growth; whereas the EU is the biggest investor in the areagion, which includes four (China, Japan, South Korea and India) out of the EU’s top 10 global trading partners;
Amendment 43 #
2021/2200(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the COVID-19 crisis has accelerated a number of geopolitical trends that were already under way; whereas it also highlighted the need for international cooperation; whereas it has also shown vulnerabilities in the global supply chains and has made clear the need for more diversification; whereas this has been further accentuated by the Russian invasion of Ukraine;
Amendment 48 #
2021/2200(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. Whereas, as stated in the Trade Policy Review, the EU works together with its partners to ensure adherence to universal values, notably the promotion and protection of human rights. This includes core labour standards, social protection, gender equality, and the fight against climate change and biodiversity loss;
Amendment 52 #
2021/2200(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas the EU outermost regions and overseas countries and territories, constitutionally linked to its Member States, are an important part of the EU’s approach to the Indo-Pacific;
Amendment 56 #
2021/2200(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the EU strategy for cooperation in the Indo-Pacific, which identifies trade as a priority; believes its main focus on inclusiveness and cooperation based on shared values and principles, including a commitment to respecting democracy, human rights and the rule of law, is essential; calls for the EU’s strategic approach and engagement with the Indo-Pacific region to be developed based on the multilateral, rules- based international order with a modernised World Trade Organization at its core, based on the principles of open environment for trade and investment, a level playing field, reciprocity and mutual benefit; stresses that this new approach should constitute a fundamental reorientation based on shared interests as the region is vital to EU prosperity;
Amendment 61 #
2021/2200(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to work closely with its Indo-Pacific like-minded partners to reinforce value chains by strengthening and diversifying trade relations in order to reduce strategic dependencies in critical supply chains with a particular focus on technologies and raw materials, by working towards the full implementation and better enforcement of existing trade agreements, by finalising ongoing trade negotiations and by developing cooperation in strategic sectors; underlines the importance of working together with like-minded Indo-Pacific countries on establishing technical standards, to further promote the EU as a global standard-setter; further calls on the Commission to closely work together with the Indo-Pacific partners in the process of shaping and implementing the planned Due Diligence framework;
Amendment 71 #
2021/2200(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the EU should make better and more strategic use of its economic leverage while respecting the political and economic specificities of its partner countries in order to reach its geopolitical goals, by deploying its full, integrated range of policy instruments, including the requirement of promoting fundamental human and labour rights, environmental protection and good governance as part of GSP, for this purpose;
Amendment 89 #
2021/2200(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes the EU-Japan Economic Partnership Agreement has been instrumental in creating more sustainable trade; welcomes the increase in the preference utilisation rates for EU exports to Japan in 2020; underlinnotes that further progress is needed e has been some progress regarding the implementation of the agreement, in particular as regardsexpansion of the list for GI protection for both parties, the utilisation rates of tariff rate quotas opened by Japan for EU exporters, and the process for ratification of ILO Convention No 105 by Japan; underlines that further progress is needed in the implementation of the agreement, in particular as regards the liberalisation of trade in services and the ratification of ILO Conventions No 105 and No 111;
Amendment 98 #
2021/2200(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Call on the Member States to ratify the EU-Vietnam IPA so that it enters into force and creates favourable conditions to boost EU investment in Vietnam and in the region, in particular in areas promoting green transformation and the circular economy; urges Vietnam to guarantee a full implementation of the sanitary and phytosanitary provisions; inviturges Vietnam to complete its key labour reforms in accordance with the agreement and to swiftly ensure the ratification of ILO Convention No 87 by 2023;
Amendment 102 #
2021/2200(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for continuing actions oriented at raising awareness among businesses and citizens of existing FTAs in the region and the opportunities they provide; calls for strengthened technical and financial support where necessary to help partner countries to effectively implement FTAs, in particular the chapters on TSD; Calls on the Commission to work together with our Indo-Pacific partners also in the context of the TSD review;
Amendment 112 #
2021/2200(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for substantive progress and the conclusion of negotiations on the EU- Australia and EU-New Zealand FTAs by no later than mid 2022 in order for the European Parliament to be able to duly ratify these agreements in the current parliamentary mandate; believes that, especially in the current geopolitical situation, it is of utmost importance that democracies strengthen their mutual relations, also when it comes to trade;
Amendment 120 #
2021/2200(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines the need for the EU to pursengage in a comprehensive dialogue wits multifaceted engagement with Chinah China and firmly defend the interests and values of the EU, keeping in mind that China’s goals are often divergent from ours, especially in this geopolitically challenging global context; stresses that it is important to continue engaging bilaterally to promote solutions to common challenges and to cooperate on issues of common interest such as fighting climate change; acknowledges that the support of China was vital for the conclusion of the Paris Agreement, and that engagement with China is necessary to curb global greenhouse emissions;
Amendment 123 #
2021/2200(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Acknowledges that China’s continued delay in complying with all WTO rules continues to complicate the trade relations between the EU and China. Main issues that must be solved are the multiple barriers European companies face to access the Chinese market, protection of intellectual property rights, counterfeiting, product safety concerns, social and environmental standards, forced technology transfers, obliged Joint Ventures, unfair subsidies and unfair competition by state-owned enterprises;
Amendment 125 #
2021/2200(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Acknowledges that the discussions on the ratification of the Comprehensive Investment Agreement between the EU and China have been put on hold in the European Parliament for the moment; believes, however, that despite our differencesdue to China’s decision to sanction, among others, five Members of the European Parliament and the Human Rights sub-committee for criticizing China’s human rights record; stresses that it is unthinkable that the European Parliament will discuss or ratify the CAI as long as MEPs and one of its committees are under sanctions; further recalls the coercive pressure China has put on member states such as in the case of Lithuania; believes, however, that we should continue to maintain dialogue at all levels and through various channels to be able to understand each others positions and in particular to find a way out of the present situation;
Amendment 129 #
2021/2200(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Reminds that the cooperation with China must go hand in hand with firmness on the issue of human rights and minority; underlines the need for the EU to take a clear stance against the human rights violations in China, notably the forced labour camps and continuous repression against the Uyghur community in Xinjiang, which according to several international organisations amount to crimes against humanity and that some parliaments already have called a genocide; further deplores the oppression of the Tibetan community and the violation of China’s international commitments in Hong Kong;
Amendment 135 #
2021/2200(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is looking forward toTakes note of the EU-China Summit taking place in April 2022; trusthopes that it will contribute to calming the recently the de-escalatingon of trade and geopolitical tensions between both parties, that it will allow progress towards developing a much more balanced economic relationship based on reciprocity and, that it will help to resolve the crisis linked tobe the occasion for a frank dialogue on the worrying human rights situation in China as well as that it will help to lift the unjustified Chinese sanctions imposed on EU policymakers, including members of the European Parliament;
Amendment 140 #
2021/2200(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the EU to launch a structured dialogue with Taiwan on cooperating in green technology and digital economy, including the semiconductor industry, with a view to signing a memorandum of understanding that benefits both the EU and Taiwan; repeats thatits call on the Commission shouldto begin an impact assessment, public consultation and scoping exercise on a bilateral investment agreement with Taiwan in preparation for negotiations to deepen bilateral economic ties;
Amendment 169 #
2021/2200(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for a new strategic approach towards the Comprehensive and Progressive Agreement for Trans-Pacific Partnership as a core element of the EU’s Indo-Pacific strategy, stresses that closer cooperation would allow the EU to reap important economic benefits with regard to possible welfare gains, diversification of supply chains and reduction of strategic dependencies, and would give the EU the opportunity to continue to shape standards in the Indo-Pacific region and globally;
Amendment 171 #
2021/2200(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. recalls the need to take into account the specificity of the outermost regions and overseas countries and territories in these regional and bilateral negotiations and to take and implement specific provisions in their regards;
Amendment 21 #
2021/2178(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU and Africa have an important and longstanding political, economic and cultural relationship; whereas the 6th Summit of the EU and the AU in 2022 led to an agreement on ‘A Joint Vision for 2030’, to drive our common priorities, shared values and international law, by preserving together our interests and common public goods, the security and prosperity of our citizens, the protection of human rights for all, gender equality and women’s empowerment in all spheres of life; whereas both Unions recognised the importance of food security and nutrition;
Amendment 43 #
2021/2178(INI)
Motion for a resolution
Recital E
Recital E
E. whereas strengthening the intra- continental trade in Africa is essential for its sustainable economic development; whereas the entry into force of the African Continental Free Trade Area (AfCFTA) gives new momentum to pan-African trade and investment opportunities; whereas the EU’s trade policy has an important role in strengthening EU-Africa, as well as intra- African trade;
Amendment 50 #
2021/2178(INI)
Motion for a resolution
Recital G
Recital G
G. whereas AfCFTA aims to be beyond a trade liberalising instrument an enabler of inclusive growth and sustainable development; whereas the AfCFTA can contribute to the advancement of women and youth-lead SMEs; whereas the effective implementation of the AfCFTA is essential for enhancing intra-African trade, notably through enhanced trade facilitation, removal of tariff and non- tariff barriers, and better customs procedures;
Amendment 62 #
2021/2178(INI)
Motion for a resolution
Recital H
Recital H
H. whereas Africa is a continent of hope and opportunity and perceived as such by a growing number of its young population; whereas empowering the economic position of women and youth in Africa contributes to both economic growth, and advancing their position in society;
Amendment 95 #
2021/2178(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
O a. whereas the war in Ukraine demonstrates the interconnectedness of food security and the global market, and the dependency of some African countries on food imports from a small number of exporting countries or regions; whereas an overdependence can leave countries vulnerable to external shocks;
Amendment 114 #
2021/2178(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Affirms that EU-Africa trade and investment relations form part of our joint endeavour to achieve the UN SDGs by 2030 and the objectives of the Paris Agreement; stresses that the modernisation of EU-AU trade and investment relations must adhere to the principle of policy coherence for development and contribute to the recovery from the COVID-19 pandemic by means of, and to the green and digital transformation of the economies in both the EU and the AU, as well as among our global trading partners;
Amendment 124 #
2021/2178(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the importance of creating a resilient, competitive and solid infrastructural and industrial basis in Africa, as laid down in the AU Agenda 2063, aiming at the development of resilient value chains and high added value processing of raw materials in Africa as a major avenue towards quality job creation;
Amendment 129 #
2021/2178(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the EU needs an entirely new foundation for itsmust engage in a renewed, mutually beneficial economic partnership with Africa, based on equal grounds and based on mutual respectity, mutual respect and understanding of the challenges African partners face in the context of trade and investment relations; underlines that the EU-Africa trade relationship should take into consideration commitments towards promoting human rights, good governance, the rule of law and ugenderstanding; equality; calls on the Commission to advance these elements within the context of EU-Africa trade relations;
Amendment 152 #
2021/2178(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the need for the further development of infrastructure that contributes to better interconnectedness of the African continent, most notably for rural areas; stresses that Global Gateway should contribute to the development of infrastructure to increase intra-African trade; Calls on the Commission to facilitate the development of regional value chains and better regional infrastructures in Africa;
Amendment 166 #
2021/2178(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines that a rules-based multilateral trading system contributes to advancing economic growth in the EU, and on the African continent; Notes that the future of the international trading system depends on the revitalising of the WTO and finalising the Doha Round, on which African countries have placed their hopes;
Amendment 194 #
2021/2178(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the EU should deepen its economic and trade relations with Africa through investments and the creation of jobs; underlines the discrepancy of access to finance within African regions and countries due to various factors; underlines that the emphasis of investments should be placed on new infrastructures, such as digital and green infrastructures, and renewable energy production; Calls on the Commission to foster investment in the African continent through innovative financial instruments to increase capital flows and reduce risks; encourages the Commission to propose sustainable investment initiatives- as announced in its communication “Trade Policy Review - An Open, Sustainable and Assertive Trade Policy” - with African countries;
Amendment 209 #
2021/2178(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that least developed countries (LDCs) have an interest in and are strong supporters of rules-based multilateral trading systems; is aware of the fact that special and differentiated treatment is a founding principle of the WTO; calls on the Commission to ensure that developing countries can fully exercise their rights under the WTO special and differential treatment provisions, most notably to ensure their food security; is of the opinion that an overdependence on a single country or geographic region for any given product can leave countries vulnerable to external shocks, which could have a hugely damaging impact on the food security of developing countries; believes therefore that the Commission should support our African partners in diversifying their trade flows, to increase their resilience;
Amendment 232 #
2021/2178(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reiterates that the different EPAs should contribute to developing intra- African integration and to the development of a fair and sustainable trade model; stresses that EPAs should contribute to and promote sustainable development in line with the SDGs and Agenda 2030, foster intra-African trade flows, contribute to trade facilitation and the removal of unnecessary barriers to trade, market access for businesses, most notably SMEs, to the European and African market, promote public and private investments in Africa, and foster trade relations between the EU and Africa, taking into account the outcomes of the EU-AU summit; calls on the Commission in the revision of EPAs to address, mitigate and avoid any potential effect that could impair the objectives of the development of the intra-African market, in close cooperation with our African partners; calls on the Commission to ensure EPAs are a basis for the strengthening of economic relations between the parties in a mutually beneficial way, taking into account their respective levels of development; calls on the Commission to pay special attention to SMEs, and to support African SMEs who export to the EU with technical assistance;
Amendment 250 #
2021/2178(INI)
18. Is committed to strengthening fair and sustainable trade and investment relations between Europe and Africa as part of a wider advanced cooperation framework, including increased investments in research and development related to green goods and technologies; in this context, calls on the Commission to work with our African partners to advance fair and sustainable trade, notably through TSD chapters in EPAs, and to work with our partners in the upcoming TSD review;
Amendment 251 #
2021/2178(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Welcomes the reform of the GSP and its role in increasing trading opportunities for developing countries, advancing sustainable development and ensuring adherence to human rights, good governance and gender equality; underlines that the GSP has the potential for African countries to foster sustainable and resilient economic growth and interconnectedness in the global economy; stresses that countries benefitting from the GSP must adhere to international conventions, such as the Paris Agreement and ILO conventions; calls on the Commission to ensure GSP is complementary to other trade policy initiatives on the African continent;
Amendment 256 #
2021/2178(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the agreement of the AfCFTA Council of Ministers on common rules of origin for the bloc for 87.7 % of goods or 3 800 tariff lines covered by AfCFTA; calls on the European Commission to harmonise the rules of origin in all the different EU agreements with regions and countries in Africa with the common AfCFTA rules; calls on the EU to engage with the AfCFTA Secretariat to advance capacity building and technical support for the implementation of the AfCFTA;
Amendment 263 #
2021/2178(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Appreciates the initiative by the Council and the Commission to organise the first Africa-Europe Week, which was held in February 2022 in Brussels; stresses that better European engagement with young Africans and the African diaspora in Europe can structurally improve the EU-Africa relationship on the long-term; calls on the Commission to organise the Africa-Europe week on an annual basis, and to include young people, especially women and girls, in discussions organised during the Africa-Europe Week;
Amendment 277 #
2021/2178(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for the responsible and swift implementation of the commitments on trade and investment agreed at the 2022 EU-Africa Summit, and calls on the Commission to structurally report to the European Parliament on the implementation of the commitments on trade and investment in the relevant committees;
Amendment 286 #
2021/2178(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that knowledge-sharing and skills development within Africa can contribute to the development of a sustainable trade relationship; underlines the possibilities digital infrastructure has in stimulating the African economy, as well as driving innovation on the continent; Calls for reinforced cooperation on EU-AU digital agendas based on the principles of democratic governance, effective regulatory mechanisms across the digital domain and global-to-local governance mechanisms for data and digital infrastructures that place people- centred development at the core;
Amendment 289 #
2021/2178(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Underlines that human rights and gender equality must be at the centre of the reinforced cooperation between the EU and the AU, with a special focus on the impact of emerging and innovative technologies on human rights and the inclusion of women in the economy; Stresses the potential digital trade can have for advancing and improving trade facilitation in Africa, and calls on the Commission to advance digital capabilities in light of the implementation of EPAs, and the implementation of the AfCFTA; calls on the Commission to include the EU-AU digital agenda in the engagement with its global strategic partners;
Amendment 293 #
2021/2178(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Underlines that effective engagement with civil society groups, businesses, most notably SMEs, and disadvantaged groups, such as women, are a vital element in advancing the EU’s equal partnership with Africa; stresses in this regard that the EU should further facilitate and include civil society dialogues in its trade relations with Africa to better understand the position of African interest groups, and their specific needs in trade relations with the EU; calls on the Commission to structurally advance its engagement with African civil society to advance inclusive engagement and economic growth across the continent;
Amendment 62 #
2021/0402(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Whilst always acting within the framework of international law, it is essential that the Union possess an appropriate instrument to deter and counteract economic coercion by third countries in order to safeguard its rights and interests and those of its Member States. This is particularly the case where third countries take or threaten to take measures affecting trade or investment that interfere in the legitimate sovereign choices of the Union or a Member State by seeking to prevent or obtain the cessation, modification or adoption of a particular act by the Union or a Member State. Such measures affecting trade or investment or threat thereof may include not only actions taken or actions threaten to be taken on, and having effects within, the territory of the third country, but also actions taken or threatened to be taken by the third country, including through entities controlled or directed by the third country and present in the Union, that cause harm to economic activities in the Union, such as, among others, some extraterritorial effects of third county sanctions.
Amendment 68 #
2021/0402(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation aims to ensure an effective, efficient and swift Union response to economic coercion, including deterrence of economic coercion of the Union or a Member State and, in the last resort, countermeasures. This Regulation shall be complementary to other existing Union instruments and relations such as the Regulation (EU) 2021/167 of the European Parliament and of the Council1a and the review of the Blocking Statute 1b _________________ 1a Regulation (EU) 2021/167 of the European Parliament and of the Council of 10 February 2021 amending Regulation (EU) No 654/2014 concerning the exercise of the Union’s rights for the application and enforcement of international trade rules (OJ L 49, 12.2.2021, p. 1.). 1b Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, OJ L 309,29.11.1996, p. 1–6
Amendment 72 #
2021/0402(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The objectives of this Regulation, in particular counteracting third countries’ economic coercion of the Union or a Member State, cannot be sufficiently achieved by Member States acting on their own, especially in the context of the Union internal market. This is because Member States as distinct actors under international law may not be entitled under international law to respond to economic coercion directed against the Union. Additionally, because of the exclusive competence conferred on the Union by Article 207 of the Treaty on the Functioning of the European Union, Member States are prevented from taking common commercial policy measures as a response to economic coercion. Therefore, those objectives can be achieved with greater effectiveness at Union level.
Amendment 78 #
2021/0402(COD)
(10) Any action undertaken by the Union on the basis of this Regulation should comply with the Union’s obligations under international law. IThe Union should continue to support the rules-based multilateral trading system, with the World Trade Organisation (WTO) at its core. Out of the WTO's framework, international law allows, under certain conditions, such as proportionality and prior notice, the imposition of countermeasures, that is to say of measures that would otherwise be contrary to the international obligations of an injured party vis-à-vis the country responsible for a breach of international law, and that are aimed at obtaining the cessation of the breach or reparation for it.10 Accordingly, response measures adopted under this Regulation should take the form of either measures adhering to the Union’s international obligations or measures constituting permitted countermeasures. Under international law, and in accordance with the principle of proportionality, they should not exceed a level that is commensurate with the injury suffered by the Union or a Member State due to the third country’s measures of economic coercion, taking into account the gravity of the third country’s measures and the Union’s rights and interests in question. In this respect, injury to the Union or a Member State is understood under international law to include injury to Union economic operators. _________________ 10 See Articles 22 and 49-53 of the Articles on Responsibility of States for Internationally Wrongful Acts, adopted by the United Nations’ International Law Commission at its fifty-third session, in 2001, and taken note of by the United Nations General Assembly in resolution 56/83.
Amendment 85 #
2021/0402(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The Commission should examine whether third-country measures are coercive, on its own initiative or following information received from any source, including legal and natural persons, the European Parliament or a Member State. Following this examination, the Commission should determine in a decision whether the third-country measure is coercive. The Commission should communicate any affirmative determination to the third country concerned, together with a request that the economic coercion cease and a request, where appropriate, that any injury be repaired.
Amendment 90 #
2021/0402(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Union response measures adopted in accordance with this Regulation should be selected and designed on the basis of objective criteria, including: the effectiveness of the measures in inducing the cessation of coercion by the third country; the effectiveness of the measures in repairing the injury caused by the economic coercion; their potential to provide relief to economic operators within the Union affected by the third-country measures of economic coercion; the aim of avoiding or minimising negative economic and other effects on the Union; and the avoidance of disproportionate administrative complexity and costs. It is also essential that the selection and design of Union response measures take account of the Union’s interest. Union response measures should be selected from a wide array of options in order to allow the adoption of the most suitable measures in any given case.
Amendment 93 #
2021/0402(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In pursuing the objective of obtaining the cessation of the measure of economic coercion and the reparation of the injury caused, Union response measures consisting of restrictions on foreign direct investment or on trade in services should only apply with regard to services supplied, or direct investments made, within the Union by one or more legal persons established in the Union which are owned or controlled by persons of the third country concerned where necessary to ensure the effectiveness of Union response measures and in particular to prevent their avoidance. The decision to impose any such restrictions will be duly justified in implementing acts adopted pursuant to this Regulation in the light of the criteria specified in this Regulation.
Amendment 98 #
2021/0402(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) It is important to ensure an effective communication and exchange of views and information between the Commission on the one hand and the European Parliament and the Council on the other, in particular on efforts to engage with the third country concerned to explore options with a view to obtaining the cessation of the economic coercion and the reparation of the injury caused and on matters that may lead to the adoption of Union response measures under this Regulation.
Amendment 106 #
2021/0402(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules and procedures in order to ensure the effective protection of the interests of the Union and its Member States where a third country seeks, through measures, failure to act or threat thereof affecting trade or investment, to coerce the Union or a Member State into adopting or refraining from adopting a particular act. This Regulation provides a framework for the Union to respond in such situations with the objective to deter, obtain the cessation and the reparation of the injury caused or have the third country desist from such actions, whilst permitting the Union, in the last resort, to counteract such actions.
Amendment 111 #
2021/0402(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Amendment 116 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Regulation applies in the event of economic coercion, where a third country:
Amendment 117 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 1
Article 2 – paragraph 1 – indent 1
— interferes in the legitimate sovereign choices of the Union or a Member State by seeking to prevent or obtain the cessation, modification or adoption of a particular act by the Union or a Member State, including some extraterritorial effects of third countries' sanctions;
Amendment 122 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 2
Article 2 – paragraph 1 – indent 2
— by applying, failing to adopt or threatening to apply measures affecting trade or investment.
Amendment 124 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Amendment 125 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. In determining economic coercion and whether the conditions set out in paragraph 1 are met, the followingCommission shall be taken into account the following:
Amendment 127 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) the intensity, severity, frequency, duration, breadth and magnitude of the third country’s measure and, failure to act or threat thereof as well as the pressure arising from it;
Amendment 128 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) the extent to which the third- country measure, failure to act or threat thereof encroaches upon an area of the Union’s or Member States’ sovereignty;
Amendment 131 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) whether the third country is acting based on a legitimate concern that is internationally recognisedwell defined and recognised as legitimate by international law and conventions ;
Amendment 134 #
2021/0402(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission may examine any measure of a third country, failure to act and threat thereof in order to determine whether it meets the conditions set out in Article 2(1). The Commission shall act expeditiously.
Amendment 136 #
2021/0402(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. The Council or the European Parliament may oblige the Commission, with a duly justified complaint, to examine any measure of a third country, failure to act and threat thereof in order to determine whether it meets the conditions set out in Article 2(1). The Commission shall act expeditiously
Amendment 138 #
2021/0402(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission mayshall carry out the examination referred to in paragraph 1 on its own initiative or following information received from any sourcereliable source, notably a Member State, the European Parliament, economic operators or trade unions. The Commission shall ensure the protection of confidential information in line with Article 12, which may include the identity of the supplier of the information.
Amendment 141 #
2021/0402(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The Commission mayshall duly and in a timely manner inform the European Parliament and the Council of any development in the examination of third country measures. It shall publish a notice in the Official Journal of the European Union or through other suitable public communication means with an invitation to submit information within a specified time limit which shall not exceed 4 months. In that event, the Commission shall notify the third country concerned of the initiation of the examination.
Amendment 149 #
2021/0402(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Prior to adopting its decision, the Commission may invite the third country concerned to submit its observations within a reasonable and specified time limit that shall not unduly delay the Commission's decision.
Amendment 151 #
2021/0402(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Where the Commission decides that the measure of the third country concerned meets the conditions set out in Article 2(1), it shall notify the third country concerned of its decision and request it to cease the economic coercion and, where appropriate, repair the injury suffered by the Union or its Member States within a reasonable and specified period of time.
Amendment 157 #
2021/0402(COD)
Proposal for a regulation
Article 5 – paragraph 1 – indent 3
Article 5 – paragraph 1 – indent 3
— submitting, in parallel, the matter to international adjudication, without implying any undue delay in the Commission's decision.
Amendment 160 #
2021/0402(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
The Commission shall seek to obtain the cessation of the economic coercion by also raising, in addition to the Commission's determination of the third country's measures, the matter in any relevant international forum.
Amendment 162 #
2021/0402(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
The Commission shall keep the European Parliament and the Council fully, regularly and in timely manner informed of relevantall the developments.
Amendment 170 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Commission shall adopt an implementing act determining that it shall taketaking a Union response measure where:
Amendment 172 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) action pursuant to the Articles 4 and 5 has not resulted in the cessation of the economic coercion and reparation of the injury it has caused to the Union or a Member State within athe reasonable period of time set in the decision referred to in Article 4;
Amendment 180 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
In the implementing act, the Commission shall also determine the appropriate Union response from among the measures provided for in Annex I. Such measures may also apply with regard to natural or legal persons designated in accordance with Article 8. The Commission may also adopt measures which it can take pursuant to other legal instruments. , notably the Blocking Statute 1a . _________________ 1a Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, OJ L 309,29.11.1996, p. 1–6
Amendment 187 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Union response measures shall apply from a specified date after the adoption of the implementing act referred to in paragraph 1. The Commission shall set this date of application, taking into account the circumstances, to allow for the notification of the third country concerned pursuant to paragraph 3 and for it to cease the economic coercion and to repair the injury caused.
Amendment 191 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall, upon adoption of the implementing act, notify the third country concerned of the Union response measures adopted pursuant to paragraph 1. In the notification, the Commission shall, on behalf of the Union, call on the third country concerned to promptly cease the economic coercion, offer to negotiate a solution and the reparation of the injury caused by it to the Union and its Member States, and inform the third country concerned that the Union response measure will apply, unless the economic coercion ceases.
Amendment 192 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The implementing act referred to in paragraph 1 shall state that the application of the Union response measures shall be deferred for a period specified in that implementing act, where the Commission has credible information that the third country has ceased the economic coercion before the start of application of the adopted Union response measures. In that event, the Commission shall publish a notice in the Official Journal of the European Union indicating that there is such information and the date from which the deferral shall apply. If the third country ceases the economic coercion before the Union response measures start to apply, the Commission shall terminate the Union response measures in accordance with Article 10 making sure that the injury caused by the economic coercion to the Union and its Member States has been repaired.
Amendment 200 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. On duly justified imperative grounds of urgency to avoid irreparable damage to the Union, its internal market, or its Member States by the measures of economic coercion the Commission shall adopt immediately applicable implementing acts imposing Union response measures, in accordance with the procedure referred to in Article 15(3). The requirements set out in paragraphs 2 to 5 shall apply. Those acts shall remain in force for a period not exceeding three months.
Amendment 206 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 7 – point b
Article 7 – paragraph 7 – point b
(b) provide as effective or more effective relief to the internal market and the economic operators within the Union affected by the measures of economic coercion, including via internal measures such as an ad hoc compensation fund for those economic operators;
Amendment 217 #
2021/0402(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a a (new)
Article 9 – paragraph 2 – point a a (new)
(aa) the effectiveness of the measures in the reparation of the injury caused to the Union and its Member States;
Amendment 218 #
2021/0402(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the potential of the measures to provide relief to economic operators within the Union internal market affected by the economic coercion;
Amendment 226 #
2021/0402(COD)
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The Commission may decide to apply Union response measures under Articles 7 or 8 consisting of restrictions on foreign direct investment or on trade in services also with regard to services supplied, or direct investments made, within the Union by one or more legal persons established in the Union and owned or controlled by persons of the third country concerned where necessary to achieve the objectives of this Regulation. The Commission may decide on such application where Union response measures not covering such situations would be insufficient to effectively achieve the objectives of this Regulation, in particular where such measures could be avoided or circumvented. In assessing whether to adopt such a decision the Commission shall consider, in addition to the criteria in paragraphs 1 and 2, amongst other things:
Amendment 228 #
2021/0402(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 a (new)
Article 9 – paragraph 3 – subparagraph 1 a (new)
The Commission shall inform the European Parliament and the Council in designing the Union response measures.
Amendment 231 #
2021/0402(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where the third country concerned suspends the economic coercion, or and where it is necessary in the Union’s interestthe injury caused to the Union and its Member States has been repaired, the Commission may suspend the application of the respective Union response measure for the duration of the third country’s suspension, or as long as necessary in light ofif it is in the Union’s interest. The Commission shall suspend the Union response measures if the third country concerned has offered, and the Union has concluded, an agreement to submit the matter to binding international third-party adjudication and if the third country is also suspending its measures of economic coercion as well as if the injury caused to the Union and its Member States by the economic coercion has been repaired. The Commission shall, by means of an implementing act, decide to suspend the Union response measure. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 236 #
2021/0402(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) where the economic coercion has ceased and the injury caused has been repaired;
Amendment 248 #
2021/0402(COD)
Proposal for a regulation
Article 11 – paragraph 4 – point d
Article 11 – paragraph 4 – point d
Amendment 250 #
2021/0402(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The Commission shall take utmost account of the information gathered during the information gathering exercise. An analysis of the envisaged measures and their potential impacts shall accompany the draft implementing act when submitted to the committee in the context of the examination procedure referred to in Article 15(2).
Amendment 252 #
2021/0402(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Prior to the adoption of an implementing act in accordance with Article 7(6) or Article 10(5), the Commission shall seek information and views from relevant stakeholders in a targeted manner, unless the, especially the economic operators affected by the economic coercion, unless the exceptional situation of imperative grounds of urgency are such that information seeking and consultations are not possible or not needed for objective reasons, for instance to ensure compliance with international obligations of the Union.
Amendment 263 #
2021/0402(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. No later than three years after the adoption of the first implementing act under this Regulation or six years after the entry into force of this Regulation, whichever is earlier, the Commission shall review this Regulation and its implementation and shall report toentry into force of this Regulation, the Commission shall review this Regulation and its implementation, in ensuring complementarity with the review of the Blocking Statute1a and the review of the Enforcement Regulation1b, and shall report to the European Parliament and the Council, notably in the relevant reporting of the Chief Trade Enforcement Officer. _________________ 1a Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, OJ L 309,29.11.1996, p. 1–6 1b Regulation (EU) 2021/167 of the European Parliament and of the Council. of 10 February 2021 amending Regulation (EU) No 654/2014 concerning the exercise of the Union’s rights for the application and enforcement of international trade rules (OJ L 49, 12.2.2021, p. 1.)
Amendment 270 #
2021/0402(COD)
Proposal for a regulation
Annex I – paragraph 1 – point j a (new)
Annex I – paragraph 1 – point j a (new)
(ja) the suspension of applicable international obligations with respect to the treatment of goods, as necessary, and the imposition of restrictions on the approval of motor vehicles and equipments and parts thereof under the motor vehicles legislation of the Union;
Amendment 271 #
2021/0402(COD)
Proposal for a regulation
Annex I – paragraph 1 – point j b (new)
Annex I – paragraph 1 – point j b (new)
(jb) the suspension applicable international obligations with respect to the treatment of goods, as necessary, and the imposition of restrictions on the certification of aircrafts, equipments and parts thereof under the aviation legislation of the Union;
Amendment 272 #
2021/0402(COD)
Proposal for a regulation
Annex I – paragraph 1 – point j c (new)
Annex I – paragraph 1 – point j c (new)
(jc) the suspension applicable international obligations with respect to the treatment of goods, as necessary, and the imposition of restrictions on the certification of railway vehicles, products and parts thereof under the railway legislation of the Union;
Amendment 61 #
2021/0114(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) It is therefore necessary to complement existing Union instruments with a new tool to effectively deal with distortions in the internal market caused by foreign subsidies and ensure a level playing field. In particular, the new tool complements Union State aid rules which deal with distortions in the internal market caused by Member State subsidies. In parallel, the Union should promote effective rules on subsidies at multilateral level.
Amendment 63 #
2021/0114(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Rules and procedures to investigate foreign subsidies that actually or potentially distort the internal market should be laid down and, where relevant, those distortions should be redressed. Foreign subsidies could distort the internal market if the undertaking benefitting from the foreign subsidy engages in an economic activity in the Union. The proper application and enforcement of this Regulation will contribute to the resilience of the internal market against distortions caused by external economic actors. This Regulation should therefore establish rules for all undertakings engaging in an economic activity in the Union. Given the significance of the economic activities pursued by SMEs, and their contribution to the fulfilment of the Union’s key policy goals, special attention is given to the impact of this Regulation on them.
Amendment 71 #
2021/0114(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) There should be a financial contribution provided, directly or indirectly, by the public authorities of a third country. The financial contribution may be granted through public or private entities. Whether a public entity provides a financial contribution should be determined on a case-by-case basis with due regard to elements such as the characteristics of the relevant entity and the legal and economic environment prevailing in the third country in which the entity operates including the government’s role in the economy of that third country. Financial contributions may also be granted through a private entity if its actions can be attributed to the third country. A financial contribution includes the privileged access to the domestic market that an undertaking has, for instance due to special or exclusive rights that were granted to an undertaking without receiving adequate remuneration in conformity with market rates. Such a privileged access could lead to an unfair competitive advantage and create distortions in the internal market.
Amendment 81 #
2021/0114(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Such aA financial contribution should confer a benefit to an undertaking engaging in an economic activity in the internal market. A financial contribution that benefits an entity engaging in non- economic activities does not constitute a foreign subsidy. The existence of a benefit should be determined on the basis of comparative benchmarks, such as the investment practice of private investors, rates for financing obtainable on the market, a comparable tax treatment, or the adequate remuneration for a given good or service.. If no directly comparable benchmarks are available, existing benchmarks could be adjusted or alternative benchmarks could be established based on generally accepted assessment methods.
Amendment 86 #
2021/0114(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) When applying these indicators, the Commission could take into account different elements such as the size of the subsidy in absolute terms or in relation to the size of the market or to the value of the investment. For instance, a concentration, in the context of which a foreign subsidy covers a substantial part of the purchase price of the target, is likely to be distortive. Similarly, foreign subsidies covering a substantial part of the estimated value of a contract to be awarded in a public procurement procedure are likely to cause distortions. If a foreign subsidy is granted for operating costs, it seems more likely to cause distortions than if it is granted for investment costs. Foreign subsidies to small and medium-sized undertakings may be considered less likely to cause distortions than foreign subsidies to large undertakings. Furthermore, the characteristics of the market, and in particular the competitive conditions on the market, such as barriers to entry, should be taken into account. Foreign subsidies leading to overcapacity by sustaining uneconomic assets or by encouraging investment in capacity expansions that would otherwise not have been built are likely to cause distortions. A foreign subsidy to a beneficiary that shows a low degree of activity in the internal market, measured for instance in terms of turnover achieved in the Union, is less likely to cause distortions than a foreign subsidy to a beneficiary that has a more significant level of activity in the internal market. Finally, foreign subsidies not exceeding EUR 5 million200.000 should be deemed, as a general rule, unlikely to distort the internal market within the meaning of this Regulation if the undertaking is established in the internal market, and EUR 5 million if the undertaking is established in a third country. The Commission should make available guidelines to clarify the assessment of the distortive nature of a foreign subsidy and provide legal certainty to undertakings.
Amendment 91 #
2021/0114(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission should take into account the positive effects of the foreign subsidy on the development of the relevant subsidised economic activity. The Commission should weigh these positive effects against the negative effects of a foreign subsidy in terms of distortion on the internal market in order to determine, if applicable, the appropriate redressive measure or accept commitments. The positive effects of the foreign subsidy should effectively contribute to achieving the objectives of Union policies. The balancing may also lead to the conclusion that no redressive measures should be imposed. Categories of foreign subsidies that are deemed most likely to distort the internal market are less likely to have more positive than negative effects. The Commission should make available guidelines to clarify the criteria used for the application of the balancing test, including the positive effects in relation to the objectives of Union policies.
Amendment 97 #
2021/0114(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The undertaking concerned could offer to repay the subsidy, together with appropriate interest. The Commission shcould accept a repayment offered as a commitment if it can ascertain that the repayment fully remedies the distortion, is executed in a transparent manner and is effective in practice, while taking into account the risk of circumvention of the objectives of this Regulation.
Amendment 107 #
2021/0114(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) A contact point should be established by the Commission so that Member States or interested parties such as undertakings or trade associations can share information regarding actual or potential cases of distortion on the internal market with the Commission. The Commission can use this information for the relevant procedures under this Regulation, including the ex officio review.
Amendment 110 #
2021/0114(COD)
(22) The Commission should be given adequate investigative powers to gather all necessary information. It should therefore have the power to request information from any undertaking or association of undertakings throughout the whole procedure. The Commission should be able to use information from any available source, including from Member States and interested parties such as undertakings and trade associations. In addition, the Commission should have the power to impose fines and periodic penalty payments for failure to timely supply the requested information or for supplying incomplete, incorrect or misleading information. The Commission could also address questions to Member States or to third countries. Furthermore, the Commission should have the power to make fact-finding visits at the Union premises of the undertaking, or, subject to agreement by the undertaking and the third country concerned, at the premises of the undertaking in the third country. The Commission should also have the power to take decisions on the basis of facts available if the undertaking in question does not cooperate.
Amendment 115 #
2021/0114(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should have appropriate instruments to ensure the effectiveness of commitments and redressive measures. If the undertaking concerned does not comply with a decision with commitments, a decision imposing redressive measures, or a decision ordering interim measures, the Commission should have the power to impose fines and periodic penalty payments. The Commission shall take into account cases of repeated non-compliance when imposing such fines and periodic penalty payments.
Amendment 120 #
2021/0114(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) It is necessary to strike a balance between effective protection of the internal market and the need to limit the administrative burden on undertakings subject to this Regulation. Therefore, only concentrations meeting combined thresholds as defined in this Regulation based on the size of the turnover in the Union and the size of the subsidy should be subject to mandatory prior notification. The effectiveness of the threshold for the notification obligation for concentrations should be reviewed one year after the entry into force of this Regulation.
Amendment 122 #
2021/0114(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Below the notification thresholds, the Commission cshould require the notification of potentially subsidised concentrations that were not yet implemented or the notification of potentially subsidised bids prior to the award of a public contract, if it considers that the concentration or the bid would merit ex-ante review given their impact in the Union. The Commission should also have the possibility to carry out a review on its own initiative of already implemented concentrations or awarded public contracts.
Amendment 129 #
2021/0114(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) When reviewing a concentration, the assessment of whether there is a distortion in the internal market should be limited to the concentration at stake, and only foreign subsidies granted in the three years prior to the concentration or known subsidies that have already been established and shall become effective following the concentration should be considered in the assessment.
Amendment 135 #
2021/0114(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) When a foreign financial contribution is notified in the context of a public procurement procedure, the assessment should be limited to that procedure. The assessment shall include foreign financial contributions in the three years prior to the notification and known subsidies that have already been established and shall become effective following the procurement procedure.
Amendment 141 #
2021/0114(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36 a) The effectiveness of the threshold for the notification obligation for procurement should be reviewed one year after the entry into force of this Regulation.
Amendment 145 #
2021/0114(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37 a) Whereas this Regulation should cover all economic sectors of the internal market, the ex officio review could in particular take into account sectors that are of strategic interest to the Union, such as sectors related to national security or public order.
Amendment 146 #
2021/0114(COD)
Proposal for a regulation
Recital 37 b (new)
Recital 37 b (new)
(37 b) The Commission should be able to use information obtained from the market investigation for the relevant procedures under this Regulation, including the ex officio review.
Amendment 156 #
2021/0114(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure a level playing field on the internal market also in the long term, with a view to ensuring adequate coverage of cases investigated both through notifications as well as ex officio, the Commission should review the functioning and effectiveness of this Regulation at the latest three years after its entry into force. The Commission should present its findings in a report to the European Parliament and the Council. The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending the notification thresholds for concentrations and for public procurement procedures, including the use of different thresholds for certain sectors, exempting certain categories of undertakings from the notification obligations under this Regulation, as well as amending the time limits for the preliminary review and the in-depth investigations of notified concentrations or notified financial contributions in the context of a public procurement procedure. In relation to financial contributions in the context of a public procurement procedure, the power to adopt such acts should be exercised in a way thatSuch acts should takes into account the interests of SMEs. It is of particular importance that the Commission carries out appropriate consultations during the preparations of those acts, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making47 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically should have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 47 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 171 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a – introductory part
Article 2 – paragraph 2 – point a – introductory part
(a) a financial contribution shall include, inter alia:
Amendment 176 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a – point ii
Article 2 – paragraph 2 – point a – point ii
(ii) the foregoing of revenue that is otherwise due; or such as granting special or exclusive rights without adequate remuneration or tax exemptions;
Amendment 178 #
2021/0114(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a – point iii
Article 2 – paragraph 2 – point a – point iii
(iii) the provision of goods or services or the purchase of goods andor services;
Amendment 197 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
(1) A distortion on the internal market shall be deemed to exist where a foreign subsidy is liable to improve the competitive position of the undertaking concerned in the internal market and where, in doing so, it actually or potentially negatively affects competition on the internal market. Whether there is a distortion on the internal market shall be determined on the basis of indicators, which may include, inter alia, the following:
Amendment 201 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) the level of economic activity of the undertaking concerned on the internal market, including of any subsidiaries of that undertaking on the internal market;
Amendment 203 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(d a) the level of economic activity of that undertaking on its domestic market;
Amendment 207 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
(2) A foreign subsidy is unlikely to distort the internal market if its total amount is below EUR 5 million200.000 over any consecutive period of three fiscal years, and that undertaking is established in the internal market.
Amendment 214 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2 a) A foreign subsidy is unlikely to distort the internal market if its total amount is below EUR 5 million over any consecutive period of three fiscal years, and that undertaking is established in a third country.
Amendment 217 #
2021/0114(COD)
Proposal for a regulation
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
(2 b) The Commission shall make available guidelines on the application of this Article.
Amendment 222 #
2021/0114(COD)
(4 a) a foreign subsidy compensating for the operating costs of an undertaking, enabling that undertaking to offset its operating losses and provide goods and services at price levels that are not economically justifiable.
Amendment 227 #
2021/0114(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
the transfer of a foreign subsidy to a subsidiary of the undertaking established in the internal market;
Amendment 235 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) The Commission shall, where warranted, balance the negative effects of a foreign subsidy in terms of distortion on the internal market with positive effects on the development of the relevant economic activity. The positive effects shall contribute to the achievement of the objectives of Union policies.
Amendment 245 #
2021/0114(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2 a) The Commission shall make available guidelines on the criteria that are used for the balancing between the negative and the positive effects of a foreign subsidy.
Amendment 257 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
(3) Commitments or redressive measures may consist, inter alia, of the following:
Amendment 259 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
(a) offering access under fair and non- discriminatory conditions to an infrastructure or facility that was acquired or supported by the distortive foreign subsidies unless such fair and non- discriminatory access is already provided for by legislation in force in the Union;
Amendment 263 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point h a (new)
Article 6 – paragraph 3 – point h a (new)
(h a) exclusion from future procurement procedures;
Amendment 266 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
(5) If an undertaking offers commitments which fully and effectively remedy the distortion on the internal market, the Commission may accept them and make themthe Commission shall in that case make those commitments binding on the undertaking in a decision with commitments according to Article 9(3).
Amendment 272 #
2021/0114(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
(6) Where the undertaking concerned proposes to repay the foreign subsidy including an appropriate interest rate, the Commission shallcould accept such repayment as commitment if it can ascertain that the repayment is transparent and effectively remedies the distortion, while taking into account the risk of circumvention.
Amendment 284 #
2021/0114(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The Commission may on its own initiative examine information from any source regarding alleged distortive foreign subsidies, including from Member States and interested parties such as undertakings and trade associations.
Amendment 331 #
2021/0114(COD)
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
(5 a) The Commission shall establish a contact point where Member States and interested parties such as undertakings and trade associations can share information with regard to actual or potential distortions of the internal market.
Amendment 345 #
2021/0114(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to carry out the duties assigned to it by this Regulation, the Commission may conduct inspections in the territory of a third country, provided that the undertaking concerned has given its consent and the government of the third country has been officially notified and has agreed to the inspection. Article 12(1), (2), and (3) points (a) and (b) shall apply by analogy.
Amendment 357 #
2021/0114(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
(2) Fines imposed in the cases referred to in paragraph 1 shall not exceed 1 5% of the aggregate turnover of the undertaking or association of undertakings concerned in the preceding business year.
Amendment 359 #
2021/0114(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
(3) Periodic penalty payments imposed in the cases referred to in paragraph 1 shall not exceed 510% of the average daily aggregate turnover of the undertaking or association of undertakings concerned in the preceding business year for each working day of delay, calculated from the date established in the decision, until it submits complete and correct information as requested by the Commission.
Amendment 361 #
2021/0114(COD)
Proposal for a regulation
Article 15 – paragraph 5 – point b
Article 15 – paragraph 5 – point b
(b) periodic penalty payments not exceeding 510% of the average daily aggregate turnover of the undertaking concerned in the preceding business year for each day of non-compliance, starting from the day of the Commission decision imposing such penalty payments, until the Commission finds that the undertaking concerned complies with the decision.
Amendment 367 #
2021/0114(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
In a concentration, the assessment whether there is a distortion on the internal market within the meaning of Articles 3 or 4 shall be limited to the concentration at stake. Only foreign subsidies granted in the three calendar years prior to the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest, or known subsidies that have already been established and shall become effective following the concentration, shall be considered in the assessment.
Amendment 388 #
2021/0114(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
(4) If the undertakings concerned fail to meet their obligation to notify, the Commission mayshall review a notifiable concentration in accordance with this Regulation by requesting the notification of that concentration. In that case the Commission shall not be bound by the time limits referred to in Article 23(1) and (4).
Amendment 394 #
2021/0114(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
(5) The Commission may request the prior notification of any concentration which is not a notifiable concentration within the meaning of Article 18 at any time prior to its implementation where the Commission suspects that the undertakings concerned may have benefitted from foreign subsidies in the three years prior to the concentration or may benefit from known subsidies that have already been established and shall become effective following the concentration. That concentration shall be deemed to be a notifiable concentration for the purposes of this Regulation.
Amendment 416 #
2021/0114(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Foreign subsidies that cause or risk causing a distortion in a public procurement procedure shall be understood as foreign subsidies that enable an undertaking to submit a tender that is unduly advantageous in relation to the works, supplies or services concerned. The assessment of whether there is a distortion on the internal market pursuant to Article 3 and whether a tender is unduly advantageous in relation to the works, supplies or services concerned shall be limited to the public procurement procedure at stake. Only foreign subsidies granted during the three years prior to the notification or known subsidies that have already been established and shall become effective following the procurement procedure shall be taken into account in the assessment.
Amendment 422 #
2021/0114(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
(2) For the purpose of Article 28, a notifiable foreign financial contribution in an EU public procurement procedure shall be deemed to arise where the estimated value of that public procurement is equal or greater than EUR 250 million150 million for goods and services and EUR 250 million for public works.
Amendment 435 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
(2) The obligation to notify foreign financial contributions under this paragraph shall extend to economic operators, groups of economic operators referred to in Article 26(2) of Directive 2014/23/EU, Article 19(2) of Directive 2014/24/EU and Article 37(2) of Directive 2014/25/EU, main subcontractors and main suppliers. A subcontractor or supplier shall be deemed to be main where their participation ensures key elements of the contract performance and in any case where the economic share of their contribution exceeds 3015% of the estimated value of the contract.
Amendment 444 #
2021/0114(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
(6) Where the Commission suspects that an undertaking may have benefitted from foreign subsidies in the three years prior to the submission of the tender or request to participate in the public procurement procedure or may benefit from known subsidies that have already been established and shall become effective following the procurement procedure, it may request the notification of the foreign financial contributions received by that undertaking in any public procurement procedure which are not notifiable under Article 27(2) or fall within the scope of paragraph 5 of this Article, at any time before the award of the contract. Once the Commission has requested the notification of such a financial contribution, it is deemed to be a notifiable foreign financial contribution in a public procurement procedure.
Amendment 452 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
(2) The Commission shall carry out a preliminary review no later than 630 days after it received the notification.
Amendment 458 #
2021/0114(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
(4) The Commission may adopt a decision closing the in-depth investigation no later than 2100 days after it received the notification. In exceptional circumstances, this time limit may be extended after consultation with the concerned contracting authority or contracting entity.
Amendment 490 #
2021/0114(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
(3) The Commission may use the information obtained from such market investigations in the framework of procedures under this Regulation, including the ex officio review.
Amendment 503 #
2021/0114(COD)
Proposal for a regulation
Article 40 – paragraph 7
Article 40 – paragraph 7
(7) An investigation pursuant to this Regulation shall not be carried out and measures shall not be imposed or maintained where such investigation or measures would be contrary to the Union’s obligations emanating from any relevant international agreement it has entered into. In particular, no action shall be taken under this Regulation which would amount to a specific action against a subsidy within the meaning of Article 32.1 of the Agreement on Subsidies and Countervailing Measures except where the country granting the subsidy is not a WTO member or where the Commission has well-founded indications that the country granting the subsidy is in substantial non-compliance with notification obligations under the Agreement or under other international agreements. Provided that, regardless of the sector involved, actions may always be taken under this Regulation in relation to foreign subsidies which cause distortions on the internal market in public procurement procedures or in relation to concentrations. This Regulation shall not prevent the Union from exercising its rights or fulfilling its obligations under international agreements.
Amendment 520 #
2021/0114(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Within fivthree years after the entry into force of this Regulation at the latest, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation, accompanied, where the Commission considers it appropriate, by relevant legislative proposals. The relevant thresholds for the concentration and procurement procedures shall also be subject to a review one year after entry into force of this Regulation.
Amendment 348 #
2021/0106(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time meets a high level of protection of public interests, such as health and safety and the protection of fundamental rights, as recognised and protected by Union law. To achieve that objective, rules regulating the placing on the market and putting into service of certain AI systems should be laid down, thus ensuring the smooth functioning of the internal market and allowing those systems to benefit from the principle of free movement of goods and services. By laying down those rules as well as measures in support of innovation with a particular focus on SMEs and start-ups, this Regulation supports the objective of the Union of being a global leader in the development of secure, trustworthy and ethical artificial intelligence, as stated by the European Council33 , and it ensures the protection of ethical principles, as specifically requested by the European Parliament34 . _________________ 33 European Council, Special meeting of the European Council (1 and 2 October 2020) – Conclusions, EUCO 13/20, 2020, p. 6. 34 European Parliament resolution of 20 October 2020 with recommendations to the Commission on a framework of ethical aspects of artificial intelligence, robotics and related technologies, 2020/2012(INL).
Amendment 576 #
2021/0106(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Another area in which the use of AI systems deserves special consideration is the access to and enjoyment of certain essential private and public services and benefits necessary for people to fully participate in society or to improve one’s standard of living. In particular, AI systems used to evaluate the credit score or creditworthiness of natural persons should be classified as high-risk AI systems, since they determine those persons’ access to financial resources or essential services such as housing, electricity, and telecommunication services. AI systems used for this purpose may lead to discrimination of persons or groups and perpetuate historical patterns of discrimination, for example based on racial or ethnic origins, disabilities, age, sexual orientation, or create new forms of discriminatory impacts. Considering the very limited scale of the impact and the available alternatives on the market, it is appropriate to exempt AI systems for the purpose of creditworthiness assessment and credit scoring when put into service by small-scale providerSMEs and start-ups for their own use. Natural persons applying for or receiving public assistance benefits and services from public authorities are typically dependent on those benefits and services and in a vulnerable position in relation to the responsible authorities. If AI systems are used for determining whether such benefits and services should be denied, reduced, revoked or reclaimed by authorities, they may have a significant impact on persons’ livelihood and may infringe their fundamental rights, such as the right to social protection, non- discrimination, human dignity or an effective remedy. Those systems should therefore be classified as high-risk. Nonetheless, this Regulation should not hamper the development and use of innovative approaches in the public administration, which would stand to benefit from a wider use of compliant and safe AI systems, provided that those systems do not entail a high risk to legal and natural persons. Finally, AI systems used to dispatch or establish priority in the dispatching of emergency first response services should also be classified as high- risk since they make decisions in very critical situations for the life and health of persons and their property.
Amendment 733 #
2021/0106(COD)
Proposal for a regulation
Recital 73
Recital 73
(73) In order to promote and protect innovation, it is important that the interests of small-scaletart-ups and SME providers and users of AI systems are taken into particular account. To this objective, Member States should develop initiatives, which are targeted at those operators, including on awareness raising and information communication. Moreover, the specific interests and needs of small-scale providerSMEs and start-ups shall be taken into account when Notified Bodies set conformity assessment fees. Translation costs related to mandatory documentation and communication with authorities may constitute a significant cost for providers and other operators, notably those of a smaller scale. Member States should possibly ensure that one of the languages determined and accepted by them for relevant providers’ documentation and for communication with operators is one which is broadly understood by the largest possible number of cross-border users.
Amendment 802 #
2021/0106(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point e a (new)
Article 1 – paragraph 1 – point e a (new)
(e a) measures in support of innovation with a particular focus on SMEs and start-ups, including the setting up of regulatory sandboxes and the reduction of regulatory burdens.
Amendment 862 #
2021/0106(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2 a. AI systems likely to interact with or impact on children shall be considered high-risk for this group;
Amendment 1456 #
2021/0106(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Amendment 1466 #
2021/0106(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 73 to update the list in Annex III by adding high-risk AI systems where, after an adequate and transparent consultation process involving the relevant stakeholders, to update the list in Annex III by withdrawing areas from that list or by adding critical areas. For additions both of the following conditions arneed to be fulfilled:
Amendment 1747 #
2021/0106(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Risk management system for AI systems likely to interact with children AI systems likely to interact with or impact on children shall implement a riskmanagement system addressing content, contact, conduct and contract risks to children;
Amendment 1753 #
2021/0106(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The technical documentation shall be drawn up in such a way to demonstrate that the high-risk AI system complies with the requirements set out in this Chapter and provide national competent authorities and notified bodies with all the necessary information to assess the compliance of the AI system with those requirements. It shall contain, at a minimum, the elements set out in Annex IV or, in the case of SMEs and start-ups, any equivalent documentation meeting the same objectives, subject to approval of the competent authority.
Amendment 1790 #
2021/0106(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. High-risk AI systems shall be designed and developed in such a way to ensure that their operation is sufficiently transparent to enable users to interpret the system’s output and use it appropriately. An appropriate type and degree of transparency shall be ensured, with a view to achieving compliance with the relevant obligations of the user and of the provider set out in Chapter 3 of this Title. Transparency shall thereby mean that, to the extent that can be reasonably expected and is feasible in technical terms, the AI systems output is interpretable by the user and the user is able to understand the general functionality of the AI system and its use of data.
Amendment 2141 #
2021/0106(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The Commission, when preparing the common specifications referred to in paragraph 1, shall gather the views of stakeholders, including SMEs and start- ups, relevant bodies or expert groups established under relevant sectorial Union law.
Amendment 2375 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point a
Article 55 – paragraph 1 – point a
(a) provide small-scale providerSMEs and start-ups with priority access to the AI regulatory sandboxes to the extent that they fulfil the eligibility conditions;
Amendment 2377 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point b
Article 55 – paragraph 1 – point b
(b) organise specific awareness raising activities about the application of this Regulation tailored to the needs of the small-scale providerSMEs, sart-ups and users;
Amendment 2379 #
2021/0106(COD)
(c) where appropriate, establish a dedicated channel for communication with small-scale providers andSMEs, start-ups, users and other innovators to provide guidance and respond to queries about the implementation of this Regulation.
Amendment 2381 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 1 – point c a (new)
Article 55 – paragraph 1 – point c a (new)
(c a) support SME's increased participation in the standardisation development process;
Amendment 2387 #
2021/0106(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. The specific interests and needs of the small-scale providerSMEs and start-ups shall be taken into account when setting the fees for conformity assessment under Article 43, reducing those fees proportionately to their size and market size.
Amendment 2389 #
2021/0106(COD)
Proposal for a regulation
Article 55 a (new)
Article 55 a (new)
Article 55 a Promoting research and development of AI in support of socially and environmentally beneficial outcomes Member States shall promote research and development of AI solutions which support socially and environmentally beneficial outcomes, including but not limited to development of AI-based solutions to increase accessibility for persons with disabilities, tackle socio- economic inequalities, and meet sustainability and environmental targets, by: (a) providing relevant projects with priority access to the AI regulatory sandboxes to the extent that they fulfil the eligibility conditions; (b) earmarking public funding, including from relevant EU funds, for AI research and development in support of socially and environmentally beneficial outcomes; (c) organising specific awareness raising activities about the application of this Regulation, the availability of and application procedures for dedicated funding, tailored to the needs of those projects; (d) where appropriate, establishing accessible dedicated channels for communication with projects to provide guidance and respond toqueries about the implementation of this Regulation.
Amendment 2405 #
2021/0106(COD)
Proposal for a regulation
Article 56 – paragraph 2 – introductory part
Article 56 – paragraph 2 – introductory part
2. The Board shall provide advice and assistance to the Commission and to the national supervisory authorities in order to:
Amendment 2484 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
When providing advice and assistance to the Commission and to the national supervisory authorities in the context of Article 56(2), the Board shall in particular:
Amendment 2513 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c a (new)
Article 58 – paragraph 1 – point c a (new)
(c a) carry out annual reviews and analyses of the complaints sent to and findings made by national competent authorities, of the serious incidents reports referred to in Article 62, and of the new registration in the EU Database referred to in Article 60 to identify trends and potential emerging issues threatening the future health and safety and fundamental rights of citizens that are not adequately addressed by this Regulation;
Amendment 2521 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c b (new)
Article 58 – paragraph 1 – point c b (new)
(c b) coordinate among national competent authorities; issue guidelines, recommendations and best practices with a view to ensuring the consistent implementation of this Regulation;
Amendment 2526 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c c (new)
Article 58 – paragraph 1 – point c c (new)
(c c) promote the cooperation and effective bilateral and multilateral exchange of information and best practices between the national supervisory authorities;
Amendment 2539 #
2021/0106(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point c f (new)
Article 58 – paragraph 1 – point c f (new)
(c f) promote public awareness and understanding of the benefits, rules and safeguards and rights in relation to the use of AI systems.
Amendment 2710 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 1 a (new)
Article 65 – paragraph 1 a (new)
1 a. When AI systems are likely to interact with or impact on children, the precautionary principle shall apply.
Amendment 2712 #
2021/0106(COD)
Proposal for a regulation
Article 65 – paragraph 2 – introductory part
Article 65 – paragraph 2 – introductory part
2. Where the market surveillance authority of a Member State has sufficient reasons to consider that an AI system presents a risk as referred to in paragraph 1, they shall carry out an evaluation of the AI system concerned in respect of its compliance with all the requirements and obligations laid down in this Regulation. When risks to the protection of fundamental rights are present, the market surveillance authority shall also inform the relevant national public authorities or bodies referred to in Article 64(3). The relevant operators shall cooperate as necessary with the market surveillance authorities and the other national public authorities or bodies referred to in Article 64(3). Where there is sufficient reason to consider that that an AI system exploits the vulnerabilities of children or violates their rights intentionally or unintentionally, the market surveillance authority shall have the duty to investigate the design goals, data inputs, model selection, implementation and outcomes of the AI system and the burden of proof shall be on the operator or operators of that system to demonstrate compliance with the provisions of this Regulation. The relevant operators shall cooperate as necessary with the market surveillance authorities and the other national public authorities or bodies referred to in Article 64(3), including by providing access to personnel, documents, internal communications, code, data samples and on platform testing as necessary. Where, in the course of its evaluation, the market surveillance authority finds that the AI system does not comply with the requirements and obligations laid down in this Regulation, it shall without delay require the relevant operator to take all appropriate corrective actions to bring the AI system into compliance, to withdraw the AI system from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe. The corrective action can also be applied to AI systems in other products or services judged to be similar in their objectives, design or impact.
Amendment 2793 #
2021/0106(COD)
Proposal for a regulation
Article 69 – paragraph 4
Article 69 – paragraph 4
4. The Commission and the Board shall take into account the specific interests and needs of the small-scale providerSMEs and start-ups when encouraging and facilitating the drawing up of codes of conduct.
Amendment 2821 #
2021/0106(COD)
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In compliance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties, including administrative fines, applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are properly and effectively implemented. The penalties provided for shall be effective, proportionate, and dissuasive. They shall take into particular account the size and interests of small-scale providerSMEs and start-ups and their economic viability.
Amendment 3136 #
2021/0106(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 5 – point b
Annex III – paragraph 1 – point 5 – point b
(b) AI systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score, with the exception of AI systems put into service by small scale providerSMEs and start-ups for their own use;
Amendment 1 #
2020/2202(INI)
Draft opinion
Recital A
Recital A
A. whereas the decision of the UK government to pursue a hard Brexit upon its withdrawal of the UK from the EU was inevitably going to entail the disruptive disintegration of economic and trade ties and the divergence of regulatory regimes for operators, citizens and third-country trading partners;
Amendment 4 #
2020/2202(INI)
Draft opinion
Recital B
Recital B
B. whereas the Protocol on Ireland/Northern Ireland (the Protocol) is the only solution found with the UK, after four years of intense negotiations, to address the specific consequences for Northern Ireland of the UK’s decision to leave the EU single market and the customs union, and to ensure the protection of the Good Friday Agreement in all its dimensions, the functioning of the all- island economy without a hard border and the integrity of the EU’s single market for goods, consumer protection and other areas;
Amendment 5 #
2020/2202(INI)
Draft opinion
Recital B
Recital B
B. Whereas Brexit has never had cross-community support in Northern Ireland, whereas the Protocol on Ireland/Northern Ireland (the Protocol) is the only solution found with the UK, after four years of intense negotiations, to address the specific consequences for Northern Ireland of the UK’s decision to leave the EU single market and the customs union, and to ensure the protection of the Good Friday Agreement, the functioning of the all-island economy and the integrity of the EU’s single market;
Amendment 8 #
2020/2202(INI)
Draft opinion
Recital C
Recital C
C. whereas the EU-UK’s Withdrawal Agreement, notably the Protocol and the EU-UK Trade and Cooperation Agreement (TCA), constitute a common framework for the UK’s trading relationship with the EU, whereas the EU-UK Trade and Cooperation Agreement is predicated on the full implementation of the Withdrawal Agreement and its Protocol, and implementation challenges under the Withdrawal Agreement and the Protocol are therefore inextricably linked to the TCA;
Amendment 12 #
2020/2202(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. whereas it is necessary to preserve a level-playing field and legal certainty for businesses and citizens;
Amendment 13 #
2020/2202(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
C b. whereas a lack of implementation of the Withdrawal Agreement will have serious consequences for the entire EU- UK relationship, extending beyond the Withdrawal Agreement;
Amendment 15 #
2020/2202(INI)
Draft opinion
Recital C c (new)
Recital C c (new)
C c. whereas it is paramount to uphold international law and strengthen cooperation with likeminded countries and democratic allies on the basis of mutual trust, in particular given the current geopolitical and security context;
Amendment 26 #
2020/2202(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Reiterates the consistent EU position that the Protocol will not be renegotiated and highlights that EU Member States and institutions remain united in this view; points out that renegotiation would only further increase legal uncertainty and lack of predictability for businesses and citizens in Northern Ireland;
Amendment 34 #
2020/2202(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes the recent resumption of talks between the EU and the UK following a pause in the talks since February 2022; regrets that the UK has not been willing to accept a satisfactory negotiated solution yet, despite the flexibility of the EU to engage on the Northern Ireland Protocol;
Amendment 36 #
2020/2202(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. DStrongly deplores the publication on 13 June 2022 of the Northern Ireland Protocol Bill by the UK; calls on, which is an attempt to unilaterally override most parts of the Protocol; highlights the need to preserve the role of the European Court of Justice, which is necessary to interpret the applicable EU law; strongly rejects the proposed removal of the obligation for businesses in Northern Ireland to align with provisions in EU law; reaffirms the need for a level-playing field in the field of state-aid; and therefore urges the UK Parliament not to adopt the bill and calls on the UK Government to engage constructively with the Commission toand address practical trading issues within the legal framework of the Protocol.
Amendment 39 #
2020/2202(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)