597 Amendments of Marina MESURE
Amendment 32 #
2024/2019(DEC)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that civil society and NGOs play an instrumental role in shaping policies that benefit society and our environment; recalls the commitment of the Commission in its political guidelines to step up its engagement with civil society organisations that have expertise and an important role to play in defending specific societal issues and upholding human rights; urges the Commission to revise its guidelines1a from May 2024 in order to ensure the continuation of the funding of NGO activities, including advocacy, under the LIFE programme; considers that discontinuation of this funding for all NGO activities would seriously undermine the voice of civil society in the public debate and would cause a severe reputational risk for the Commission; _________________ 1a Guidance on funding for activities related to the development, implementation, monitoring and enforcement of Union legislation and policy
Amendment 3 #
2023/2111(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the Charter of Fundamental Rights of the Union, particularly Articles 31 and 37 thereof,
Amendment 24 #
2023/2111(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the majority of heat produced for the residential sector in the Union comes from fossil fuels;
Amendment 25 #
2023/2111(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas geothermal energy enables the production of renewable, local, constant and low-cost energy, thus contributing to the continent's energy sovereignty, the green transition, industrial competitiveness and the defence of the standard of living of European citizens;
Amendment 29 #
2023/2111(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the energy price crisis and Russia's war of aggression against Ukraine demonstrate the need to strengthen our energy sovereignty and the rationale of long-term investment as opposed to the short-term profitability of certain resources such as gas, so as to protect the interests of the citizens of the European Union as a whole and the sound economic health of the continent;
Amendment 40 #
2023/2111(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas geothermal energy makes it possible to offer energy at costs which remain constant in a context of increasingly volatile energy prices, and thus contributes to price stability;
Amendment 59 #
2023/2111(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Expresses regret that the deployment of geothermal energy is still too low due to limited public support for the sector and the inherent heavy investment; therefore calls for long-term support policies and public planning for the sector;
Amendment 62 #
2023/2111(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Stresses that the development of geothermal energy has been held back by market logic, which has favoured investment in infrastructure that is financially profitable in the short term, whereas strategic planning by the public sector would have made it possible to speed up the deployment of geothermal energy, taking into account long-term considerations such as strengthening European sovereignty, lowering energy costs in the long term and reducing the environmental impact of energy production;
Amendment 67 #
2023/2111(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Points out that managing the development of geothermal energy as part of a public energy service would enable these objectives to be met more effectively;
Amendment 72 #
2023/2111(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the development of geothermal beyond power generation and heating and cooling; stresses that the process of extracting lithium from geothermal brines could help secure a sustainable and local lithium supplyand other raw materials essential to the green transition from geothermal brines could make it possible to extract them from the subsoil with less environmental impact than conventional mining;
Amendment 84 #
2023/2111(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Draws attention to geothermal solutions that are able to store excess wind and solar power, particularly in summer, for subsequent use in heating, cooling and power production, and their crucial role for the development of renewable-based energy systems by recharging the soil, thereby returning heat to the soil that was used to produce it during the winter;
Amendment 90 #
2023/2111(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the Member States do not all have the same potential for developing geothermal energy, nor the same resources to do so; calls, therefore, for the coordinated development of geothermal energy throughout the EU, with a view to building solidarity through the sharing of knowledge and best practice between Member States;
Amendment 109 #
2023/2111(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that deep geothermal energy requires substantial initial investment and that, particularly in certain areas, there is a high risk that the boreholes will not be as exploitable as expected, and that the development of geothermal energy should therefore be supported by geological risk guarantee funds to which private contributions and public funds would be added in order to cover the lion's share of the cost of drilling operations in the event that the resource is not found;
Amendment 111 #
2023/2111(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that this support must be accompanied by strict measures to regulate the price of geothermal heat and electricity in order to ensure visibility for investors and a selling price for end consumers that reflects production costs; stresses that this public support must go hand in hand with making the data collected during drilling available to the public within a year;
Amendment 117 #
2023/2111(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Expresses regret, however, that public support for the geothermal sector varies according to the costs of other energy sources such as natural gas, whereas the inherent characteristics of geothermal energy, due to the high level of investment, require long-term public support to bolster the sector;
Amendment 123 #
2023/2111(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses the need to share best practices in the field of geothermal energy, not only between Member States but also with third countries that have developed deep and surface geothermal energy on a larger scale; notes that an internationally recognised European geothermal industry would also be an effective way of exporting our know-how to bolster the continent's economic development and combat global warming; calls for these technologies to be made available free of charge to states in the Global South, especially since geothermal energy cannot be exported;
Amendment 131 #
2023/2111(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Points out that the biggest obstacle to geothermal energy is the need to recover a substantial initial investment, coupled with the risk that drilling will not produce a fully exploitable energy source; calls, to this end, for the State aid rules applicable to geothermal energy to be rendered more flexible in order to speed up public support measures for the sector;
Amendment 133 #
2023/2111(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Stresses the need to strengthen the role of the public sector in the exploitation of Europe's subsoil in order to take greater account of the highly strategic dimension of the mining and geothermal industries and to limit the potential negative impacts of their exploitation; considers that the creation of a public service for mining and geothermal exploitation would enable optimal development of these sectors;
Amendment 135 #
2023/2111(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Calls on the Commission to involve all stakeholders in the geothermal sector, in particular underground research centres, trade unions and local councillors, in drawing up a roadmap for the development of the sector in Europe in order to implement a geothermal energy policy that respects the environment and ensures optimum working conditions for workers;
Amendment 138 #
2023/2111(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Member States to explore methods of collecting different types of geological data from public and private entities with a view to organising, systematising and making it available to the public; notes that this should be achieved in compliance with confidentiality requirements and data protection rules, and, where necessary, include incentives and compensation for data sharing by private entities;
Amendment 147 #
2023/2111(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that subsurface characteristics need to be better understood to unlock the continent’s full geothermal and mining potential with a view to strengthening European sovereignty; calls, therefore, for all data obtained from the exploitation of subsurface resources to be made public within one year so that Europe’s subsurface can be mapped out in full; stresses that geothermal and other forms of exploitation, including public works and mining, must be used as levers to map our subsurface;
Amendment 150 #
2023/2111(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Is concerned by the chronic lack of investment by Member States in bodies researching the subsurface; calls on the Member States to better pay those working in the geothermal sector to boost the attractiveness of the professions and thus meet the industry’s staffing needs, in both the public and private sectors;
Amendment 169 #
2023/2111(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reiterates that uncertainty about subsurface resources makes it challenging to secure project funding; calls on the Member States to explore de-risking solutions appropriate to the maturity of their local markets (grants, loans that are convertible to grants, state-backed guarantees), as well as the potential benefits of an EU-wide risk mitigation scheme, to support existing national programmes that already cover a substantial amount of the risks; calls for these risk-mitigation mechanisms to not only be financed by public funds but also by contributions from the private sector, and oil sector in particular, which could benefit from this mechanism to develop geothermal energy, given its geological and drilling expertise;
Amendment 182 #
2023/2111(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses concern that while geothermal heat pumps (GHPs) are currently the most efficient heat pumps, producing more heat for less electricity in cold climates compared to air source heat pumps, their much higher upfront drilling and installation costs tend to discourage their selection; calls on the Member States to explore possible financial incentives for households to bridge this gap;
Amendment 183 #
2023/2111(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Points out the geothermal sector’s potential, especially for heat production, in rural areas for farming; notes that the agricultural sector is suffering from the sharp rise in energy prices and that increased support for geothermal energy in rural areas would strengthen European agricultural policy and the continent’s food sovereignty;
Amendment 191 #
2023/2111(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to develop cross-border cooperation in the field of geothermal energy to ensure that this energy source is exploited where administrative borders hinder the development of geothermal exploitation; calls, furthermore, on the Commission to continue supporting transnational mapping and geological modelling projects that will facilitate geothermal development;
Amendment 203 #
2023/2111(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that the requirements of mining laws designed for large-scale mining projects are difficult to uphold in much smaller-scale geothermal projects; calls on the Member States to review and simplify existing mining laws, where necessaryile strengthening measures to protect the environment and the safety of workers in the sector, or to develop dedicated permitting rules for geothermal; asks the Commission to provide guidelines to ensure the requisite level of coherence;
Amendment 208 #
2023/2111(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Is concerned by the lack of financial resources and staff in the services responsible for examining applications for geothermal exploitation in certain Member States; recalls that procedures must not be accelerated at the expense of environmental and seismological project requirements and to this end calls for future geothermal sector legislation to require Member States to better equip the services tasked with examining subsurface exploitation projects;
Amendment 219 #
2023/2111(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that permits for geothermal installations must be made extensible to cover the extraction of lithiumstrategic raw materials or the production of hydrogen from existing capacity under the same lease; underlines the need to take a holistic approach to developing geothermal to improve geothermal and mining knowledge and exploitation in the context of Europe’s green transition and reindustrialisation;
Amendment 230 #
2023/2111(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to bring about the harmonisation of geothermal sector requirements from the top down to protect workers in the sector from the risks associated with geothermal energy, in particular radioactive deposits and gas emissions from wells;
Amendment 244 #
2023/2111(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Member States to launch a training programme for deep and shallow geothermal energy professions to ensure the sector’s needs are met quickly;
Amendment 271 #
2023/2111(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that many of these projects are implemented by the hydrocarbon industry, which sees them as an opportunity to be part of the energy transition, and that there is a need for the even stronger involvement of this industrythe hydrocarbon industry is involved in exploring the potential for geothermal; stresses that early assessment of resources, when the mines are still accessible, ensures the more efficient development of their alternative use;
Amendment 275 #
2023/2111(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses the need, with a view to ensuring a fair transition, to offer fossil fuel industry workers the opportunity to undergo training to meet the needs of the sectors involved in the green transition, in particular for geothermal, which shares many common points with oil and gas exploitation;
Amendment 280 #
2023/2111(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recalls that many of the EU’s outermost regions rely heavily on fossil fuels to produce electricity; recalls that many of these regions are located in volcanic areas with great potential to produce electricity from geothermal resources; stresses that it is essential to offer technical and financial support for geothermal in the outermost regions to limit their greenhouse gas emissions and reduce their dependence on fuel imports;
Amendment 292 #
2023/2111(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes that public resistance remains a challenge for geothermal projects, particularly on the basis of environmental concerns such as the possible contamination of ground waters, gas emissions or water over-exploitation; expresses the opinion that maintaining high environmental, seismological and transparency standards can serve as an efficient way of overcoming distrustis an indispensable condition for public support for geothermal;
Amendment 297 #
2023/2111(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Recalls that limits on the sale prices for geothermal energy must be imposed to help reduce energy bills, which are deeply affecting European households’ living standards and the competitiveness of the continent’s industry; stresses, in this regard, that as an affordable energy source, geothermal could be met with public support if it really helps lower their energy expenditures;
Amendment 302 #
2023/2111(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Recalls that the mitigation of risks, particular seismological risks, must be a central part of the deep geothermal exploitation strategy; calls, therefore, on the Member States and the EU to bring on sufficiently well-funded examination and prospecting teams to study the subsurface and thus better prevent the risks associated with geothermal energy;
Amendment 22 #
2023/2077(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 29 #
2023/2077(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that the US Inflation Reduction Act attaches social conditionalities to public support schemes promoting, such as good pay, apprenticeship places or unionized jobs; emphasizes that the US Inflation Reduction Act is planned to be financed through fair taxation of the largest corporations and extraordinarily wealthy households; calls on Member States and the Union to apply social conditionalities and fair taxation in their own public support schemes;
Amendment 32 #
2023/2077(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that competition policy should not be an obstacle to the implementation of an active industrial strategy; calls on Member States and the Union to pursue an active industrial policy underpinned by strong public investment to fight social and regional inequality, decarbonise industry and bolster autonomy in key economic sectors, while contributing globally to even and sustainable economic development; calls for a coordinated flexibilisation of State aid rules and the introduction of a dedicated permanent European solidarity funds to counterbalance uneven industrial support and development across Member States;
Amendment 56 #
2023/2077(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is deeply concerned that “rising corporate profits account for almost half the increase in Europe’s inflation over the past two years as companies increased prices by more than spiking costs of imported energy”1a; condemns this misuse of market power by corporations leading to higher levels of inflation and exacerbating the cost of living crisis; considers this development of a sellers’ inflation a failure of the framework and enforcement of competition policy in the Union; calls on Member States and the Commission to introduce permanent and general windfall taxes and to reform competition law in order to enable competition authorities to investigate and intervene systematically at sectoral level with unfair price hikes; _________________ 1a IMF Working Paper No. 2023/13 retrieved from: https://www.imf.org/en/Blogs/Articles/202 3/06/26/europes-inflation-outlook- depends-on-how-corporate-profits- absorb-wage-gains
Amendment 60 #
2023/2077(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Is deeply concerned about the current food price crisis and the high levels of market concentration and financial ownership in food supply chains potentially disincentivising competition and facilitating unfair price hikes; calls for a thorough sectoral investigation of market power and financial ownership in EU food chains and the implementation of structural remedies including preventions of further mergers and acquisitions; calls for a revision of EU competition law to align its enforcement with the objective that corporate conduct has to respect the fundamental right of consumers to affordable food;
Amendment 73 #
2023/2077(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Is concerned about the Commission’s ongoing in-depth investigations into a potential breach of EU State aid rules in the cases of the support measures for public rail freight operators Fret SNCF and DB Cargo; deplores that the investigations are causing pressure to restructure the sector threatening substantial amounts of jobs in Germany and France and contravening the decarbonisation of the transport sector; calls on the Commission to consult trade unions and ensure rail freight workers' rights; calls on the Commission to drop its investigations in the light of the objectives established by the sustainable and smart mobility strategy under the European Green Deal aimed at doubling rail freight traffic and reducing overall transport emissions by 90 % by 2050; stresses that competition policy should not prevent progress in the green transition for which rail freight is key;
Amendment 79 #
2023/2077(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Supports the principle that the use of public money should entail public ownership and control; calls for public investment enabling public ownership and public control over strategic company decisions such as closures, reductions in production and relocations to be prioritised over the use of subsidies as State aid;
Amendment 82 #
2023/2077(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses that State aid should not amount to a transfer of public wealth to private shareholders; calls for a ban on the distribution of dividends to shareholders and bonuses to upper management in companies receiving State aid;
Amendment 84 #
2023/2077(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Stresses that the purpose of State aid is not to serve the private interests of companies but to support and guide sustainable industrial development in the public interest; calls on Member States to attach social conditionalities to the provision of State aid with the objective of fostering good working conditions and pay, labour participation and collective bargaining rights and the maintenance and creation of new jobs and apprenticeships;
Amendment 86 #
2023/2077(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Calls on Member States to attach environmental conditionalities to the provision of State aid with the objective of promoting a zero-emissions and zero- waste economy as well as the conservation of biodiversity;
Amendment 100 #
2023/2077(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls for mandatory consultation and participation rights for workers in merger and acquisition decisions;
Amendment 103 #
2023/2077(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Calls on the Commission to ban any merger or acquisition for companies that are currently defined as gatekeepers according to Article 3 of the Digital Markets Act;
Amendment 121 #
2023/2077(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the opening of a formal investigation into possible anti-competitive practices by Microsoft regarding Teams; calls on the Commission to carefully assess the concessions, unilaterally offered by Microsoft, with the undertakings involved, in order to ensure that they address the concerns of existing consumers, as well as interoperability and pricing issues;
Amendment 127 #
2023/2077(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Insists that the current EU framework for competition policy failed to protect consumers from unjustified price hikes driven by market power of companies; calls for unbundling to also be a structural remedy in situations where abuse of a dominant position on a relevant market cannot be ascertained, but conditions for competition, or other key objectives as the fundamental right to affordable food, would improve significantly if unbundling measures were applied;
Amendment 133 #
2023/2077(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Regrets the absence of booking.com from the gatekeepers list; calls on the Commission to open a market investigation on short time rental platforms to ensure that all eligible services are designated in order to restore fair and equal competition in the short term rental market;
Amendment 173 #
2023/2077(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that Parliament should play an active role in shaping competition policy and be more involved in the activity of working parties and expert groups; calls for the ordinary legislative procedure to be fully extended to cover competition policy legislation;
Amendment 29 #
2023/0226(COD)
Draft legislative resolution
Citation -1 (new)
Citation -1 (new)
– The European Parliament rejects the Commission proposal.
Amendment 30 #
2023/0226(COD)
Draft legislative resolution
Citation 2
Citation 2
– having regard to Article 43(2), Article 114, Article 191 and Article 168(4)(b)of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9- 0238/2023),
Amendment 32 #
2023/0226(COD)
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on plants obtained by certain newer genomic manipulation techniques and their food and feed, and amending Regulation (EU) 2017/625products derived of these plants (Text with EEA relevance)
Amendment 34 #
2023/0226(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 43, 114, 191 and 168(4) (b) thereof,
Amendment 36 #
2023/0226(COD)
Proposal for a regulation
Recital -1 (new)
Recital -1 (new)
(-1) Living organisms, whether released into the environment in large or small amounts for experimental purposes or as commercial products, may reproduce in the environment and cross national frontiers thereby affecting other Member States. The effects of such releases on the environment may be irreversible.
Amendment 38 #
2023/0226(COD)
Proposal for a regulation
Recital -1 a (new)
Recital -1 a (new)
(-1a) The protection of health and the environment requires that due attention be given to controlling risks from the deliberate release into the environment of genetically modified organisms (GMOs). Under the Treaty, action by the European Union relating to the environment should be based on the principle that preventive action should be taken.
Amendment 39 #
2023/0226(COD)
Proposal for a regulation
Recital -1 b (new)
Recital -1 b (new)
(-1b) The precautionary principle is a general principle of EU law requiring the authorities in question, in the particular context of the exercise of the powers conferred on them by the relevant rules, to take appropriate measures to prevent specific potential risks to public health, safety and the environment, by giving precedence to the requirements related to the protection of those interests over economic interests.
Amendment 40 #
2023/0226(COD)
Proposal for a regulation
Recital -1 b (new)
Recital -1 b (new)
(-1b) Respect for ethical principles recognised in a Member State is particularly important. Member States may take into consideration ethical aspects when GMOs are deliberately released or placed on the market as or in products.
Amendment 41 #
2023/0226(COD)
Proposal for a regulation
Recital -1 c (new)
Recital -1 c (new)
(-1c) A sustainable food system is at the heart of the European Green Deal. Agroecology can provide healthy food while maintaining productivity, increase soil fertility and biodiversity, and reduce the footprint of food production. Organic farming in particular holds great potential for farmers and consumers alike. The sector creates jobs and attracts young farmers. Organic farming also provides 10-20 % more jobs per hectare than conventional farms, and creates added value for agricultural products. To make the most of this potential, under the Green Deal’s Farm to Fork and Biodiversity Strategies, the European Commission has set a target of ‘at least 25% of the EU’s agricultural land under organic farming and a significant increase in organic aquaculture by 2030’.
Amendment 44 #
2023/0226(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Since 2001, when Directive 2001/18/EC of the European Parliament and of the Council (32 ), on the deliberate release of genetically modified organisms (GMOs) into the environment was adopted, significant progress in biotechnology has led to the development of newer genomic manipulation techniques (NGTs), most prominently genome editing techniques that enable changes to be made to the genome at precise locations. However, also these newer techniques may lead to unexpected outcomes that cannot be fully predicted and that may be equivalent or different compared to plants obtained by conventional breeding. _________________ 32 Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ L 106, 17.4.2001, p. 1).
Amendment 57 #
2023/0226(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) NGTs constitute a diverse group of genomic techniques, and each of them can be used in various ways to achieve different results and products. They can result in organisms with modifications equivalent to what can be obtained by conventional breeding methods or in organisms with more complex modifications. Among NGTs, targeted mutagenesis and cisgenesis (including intragenesis) introduce genetic modifications without inserting genetic material from non-crossable species (transgenesis). They rely only on the breeders’ gene pool, i.e. the total genetic information that is theoretically available for conventional breeding including from distantly related plant species that can be crossed by advanced breeding techniques. Targeted mutagenesis techniques result in modification(s) of the DNA sequence at precise locations in the genome of an organism. Cisgenesis techniques result in the insertion, in the genome of an organism, of genetic material already present in the breeders’ gene pool. Intragenesis is a subset of cisgenesis resulting in the insertion in the genome of a rearranged copy of genetic material composed of two or more DNA sequences already present in the breeders’ gene pool.
Amendment 59 #
2023/0226(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) However, the processes used in cisgenesis and intragenesis are the same as used in transgenesis, namely the insertion of additional gene sequences. Furthermore, the gene pool used by conventional breeders under practical conditions, may show restrictions that are absent in a gene pool that can be exploited by direct (and potentially repeated) gene transfer across all kinds of genetic backgrounds and therefore result in plants that are unlikely to be obtained by methods of conventional breeding.
Amendment 69 #
2023/0226(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) There is ongoing public and private research using NGTs on a wider variety of crops and traits compared to those obtained through transgenic techniques authorised in the Union or globally(33 ). This includesleads to promises about the development of plants with improved tolerance or resistance to plant diseases and pests, plants with improved tolerance or resistance to climate change effects and environmental stresses, improved nutrient and water-use efficiency, plants with higher yields and resilience and improved quality characteristics. These types of new plants, coupled with the fairly easy and speedy applicability of those new techniques, could deliver benefits to farmers, consumers and to the environmentshould they indeed be developed in the future, coupled with appropriate risk assessment, traceability, labelling and co- existence measures, together with the necessary legal adaptations in the field of intellectual property protection in order to exclude risks of monipolisation in the food chain, could potentially deliver benefits to breeders. Thus, NGTs could have the potential to contribute to the innovation and sustainability goals of the European Green Deal (34 ) and of the ‘Farm to Fork’ (35 ), Biodiversity (36 ) and Adaptation to Climate Change(37 ) Strategies, to global food security (38 ), the Bioeconomy Strategy (39 ) and to the Union’s strategic autonomy (40 ). _________________ 33 Insights and solutions stemming from EU-funded research and innovation projects on plant breeding strategies may contribute to address detection challenges, ensure traceability and authenticity, and promote innovation in the area of new genomic techniques. More than 1,000 projects were funded under the Seventh Framework Programme and successor Horizon 2020 programme with an investment of over 3 billion Euros. Horizon Europe support to new collaborative research projects on plant breeding strategies is also ongoing, SWD(2021) 92. 34 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal, COM/2019/640 final. 35 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A Farm to Fork Strategy for a fair, healthy and environmentally friendly food system, COM/2020/381 final. 36 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030: Bringing nature back into our lives, COM/2020/380 final. 37 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions forging a Climate-Resilient Europe - The New EU Strategy on Adaptation to Climate Change, COM(2021) 82 final 38 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, Safeguarding food security and reinforcing the resilience of food systems, COM (2022) 133 final; Food and Agriculture Organisation of the United Nations (FAO), 2022, Gene editing and agrifood systems, Rome, ISBN 978- 92-5-137417-7. 39 European Commission, Directorate- General for Research and Innovation, A sustainable bioeconomy for Europe – Strengthening the connection between economy, society and the environment: updated bioeconomy strategy, Publications Office, 2018, https://data.europa.eu/doi/10.2777/792130. 40 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Trade Policy Review - An Open, Sustainable and Assertive Trade Policy, COM(2021)66 final.
Amendment 78 #
2023/0226(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The deliberate release into the environment of organisms obtained by NGTsgenetic manipulation, including products containing or consisting of such organisms, as well as the placing on the market of food and feed produced from these organisms, are subject to Directive 2001/18/EC and, Regulation (EC) No 1830/2003 (41 ) of the European Parliament and of the Council and, in the case of food and feed, also to Regulation (EC) No 1829/2003 (42 ), while the contained use of plant cells is subject to Directive 2009/1/EC, and transboundary movements of NGTGM plants to third countries are regulated by Regulation (EC) No 1946/2003 (‘the Union GMO legislation’). _________________ 41 Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC (OJ L 268, 18.10.2003, p. 24). 42 Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ L 268, 18.10.2003, p. 1).
Amendment 82 #
2023/0226(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In its judgment in case C-528/16 Confédération paysanne and Others43 the Court of Justice of the European Union noted that the definition of a GMO in Article 2(2) of Directive 2001/18 is made clear by a distinction between techniques the use of which results in genetic modification and techniques which are not considered to result in such genetic modification, and the Court held that GMOs obtained by means of new techniques/methods of mutagenesis that had appeared or had been mostly developed since Directive 2001/18/EC was adopted could nomust be considered excluded from the scopeto be GMOs within the meaning of Article 2(2) of that Directive. _________________ 43 Judgement of the Court of Justice of 25 July 2018, Confédération paysanne and Others v Premier ministre and Ministre de l’agriculture, de l’agroalimentaire et de la forêt, C-528/16, ECLI:EU:C:2018:583.
Amendment 84 #
2023/0226(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The European Parliament, in its reaction to the Farm to Fork strategy for a fair, healthy and environmentally- friendly food system, highlighted the precautionary principle and the need to ensure transparency and freedom of choice to farmers, processors and consumers, and stressed that any policy action on NGTs should include risk assessments and a comprehensive overview and assessment of options for traceability and labelling with a view to achieving proper regulatory oversight and should provide consumers with relevant information, including for products from third countries in order to ensure a level playing field.
Amendment 85 #
2023/0226(COD)
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) The European Parliament has called1a for a comprehensive analysis of the socioeconomic and environmental effects on the food system of patents on breeding processes, plant propagation material and parts thereof, including their potential to increase market concentration and monopolisation in the food chain, as well as their impact on the affordability and availability of food, and called for the EU and its Member States not to grant patents on biological material and to safeguard the freedom to operate and breeders’ exemption for varieties. It is therefore appropriate to ensure that patented plants are not subject to any exemptions of the Union GMO legislation. Furthermore, to address the threat patents pose to food security, the Commission should rapidly investigate the best route to ban the use of patents in the food chain. The Commission should present a legal proposal to achieve this by 31 December 2024. _________________ 1a European Parliament resolution of 14 June 2023 on ensuring food security and long-term resilience of the EU agriculture (2022/2183(INI)) P9_TA(2023)0238
Amendment 92 #
2023/0226(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Currently, the debate on using NGTs in plant breeding is held almost exclusively among scientists, scientific and industry organisations, and companies in the agri-food field, as well as a small number of NGOs. However, in shaping a new policy on NGTs, it is important to include the voice of citizens, not only because biotechnologies have the power to redesign life, but also because they offer the potential to reshape the practice of agriculture and the future of our food (system). The way we produce food involves questions of how we want to live on this planet and how we want to relate to other species. For purposes of democracy, citizens need to have a say on which public values are incorporated in a new policy for NGTs.
Amendment 94 #
2023/0226(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
Amendment 98 #
2023/0226(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It is therefore necessaryappropriate to adopt a specific legal frameworkprovisions for GMOs obtained by targeted mutagenesis and cisgenesis and related products when deliberately released into the environment or placed on the market.
Amendment 106 #
2023/0226(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Based on the current scientific and technical knowledge in particular on safety aspects, this Regulation should be limited to GMOs that are plants, i.e. organisms in the taxonomic groups Archaeplastida or Phaeophyceae, excluding microorganisms, fungi and animals for which the available knowledge is more limitedannual arable plants without the potential to persist, reproduce and propagate in the environment, excluding microorganisms, fungi and animals. For the same reason, this Regulation should only cover plants obtained by certain NGTs: targeted mutagenesis and cisgenesis (including intragenesis) (hereinafter ‘NGT plants’), but not by other new genomic techniques. Such NGT plants do not carry genetic material from non-crossable species. GMOs produced by other new genomic techniques that introduce into an organism genetic material from non-crossable species ((cisgenesis, intragenesis and transgenesis) should remain subject only to the Union GMO legislation, given that the resulting plants might bear specific risks associated to the transgene. Moreover, there is no indication that current requirements in the Union GMO legislation for GMOs obtained by transgenesis need adaptation at the present time.
Amendment 118 #
2023/0226(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The legal framework for NGT plants should share the objectives of the Union GMO legislation to ensure a high level of protection of human and animal health and of the environment and the good functioning of the internal market for the concerned plants and products, while addressing the specificity of NGT plants. This legal framework should enable the development and placing on the market of plants, food and feed containing, consisting of or produced from NGT, in line with the precautionary principle and the One Health principle, for the concerned plants and other products containing or consisting of NGT plants (‘NGT products’), so as to contribute to the innovation and sustainability objectives of the European Green Deal and the Farm to Fork, Biodiversity, Zero Pollution and Climate Adaptation strategies and to enhance the competitiveness of the Union agri-food sector at Union and world levelhe Organic action plan.
Amendment 133 #
2023/0226(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 144 #
2023/0226(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 161 #
2023/0226(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) All NGT plants that are not category 1 (‘category 2 NGT plants’) should remain subject to the requirements of the Union GMO legislation because they feature more complex sets of modifications to the genome.
Amendment 166 #
2023/0226(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 171 #
2023/0226(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 179 #
2023/0226(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 192 #
2023/0226(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 200 #
2023/0226(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 205 #
2023/0226(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 212 #
2023/0226(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 230 #
2023/0226(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Regulation (EU) 2018/848 of the European Parliament and the Council on organic production and labelling of organic products and repealing Council Regulation (EC) 834/2007(47 ) prohibits the use of GMOs and products from and by GMOs in organic production. It defines GMOs for the purposes of that Regulation by reference to Directive 2001/18/EC, excluding from the prohibition GMOs which have been obtained through the techniques of genetic modification listed in Annex 1.B of Directive 2001/18/EC. As a result, category 2 NGT plants will be NGT plants are and should remain banned in organic production. However, iIt is necessary to clarify the status of category 1 NGT plants for the purposes of organic production. The use of new genomic techniques is currently incompatible with the concept of organic production in the Regulation (EC) 2018/848 and with consumers’ perception of organic products. The use of category 1 NGT plants should therefore be also prohibited in organic productionensure that the organic sector as a whole has the means to remain GMO-free. Member States should lay down rules to ensure and enforce sufficiently wide buffer zones between organic, conventional and NGT crops. Labelling and traceability shall remain in place on all NGT plants and products containing them to ensure cross- contamination to organic plants and products is not taking place. _________________ 47 Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1).
Amendment 238 #
2023/0226(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Provision should be made to ensure transparency as regards the use of category 1 NGT plant varieties, to ensure that production chains that wish to remain free from NGTs can do so and thereby safeguard consumer trust. NGT plants that have obtained a category 1 NGT plant status declaration should be listed in a publicly available database. To ensure traceability, transparency and choice for operators, during research and plant breeding, when selling seed to farmers or making plant reproductive material available to third parties in any other way, plant reproductive material of category 1consumers, food producers, farmers and other operators, plant reproductive material, plants, food and feed and products of NGT plants should be labelled as category 1GMO and NGT.
Amendment 248 #
2023/0226(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Category 2 NGT plants should remain subject to the requirements of the Union GMO legislation given that on the basis of current scientific and technical knowledge, their risks need to be assessed. Special rules should be provided in order to adapt the procedures and certain other rules laid down in Directive 2001/18/EC and Regulation (EC) No 1829/2003 to the specific nature of category 2 NGT plants and the differing levels of risk that they may pose.
Amendment 257 #
2023/0226(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Category 2 NGT plants and products, in order to be released into the environment or placed on the market, should remain subject to a consent or authorisation in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003. However, given the wide variety of those NGT plants, the amount of information necessary for the risk assessment will vary on a case-by-case basis. The Authority, in its scientific opinions on plants developed through cisgenesis and intragenesis48 and on plants developed through targeted mutagenesis49 recommended flexibility in data requirements for the risk assessment of these plants. Based on the Authority’s ‘Criteria for risk assessment of plants produced by targeted mutagenesis, cisgenesis and intragenesis’ (50 ), considerations on the history of safe use, familiarity for the environment and the function and structure of the modified/inserted sequence(s) should assist in determining the type and amount of data required to perform the risk assessment of those NGT plants. It is therefore necessary to establish general principles and criteria for the risk assessment of these plants, while providing for flexibility and possibility to adapt risk assessment methodologies to scientific and technical progress. _________________ 48 EFSA GMO Panel (EFSA Panel on Genetically Modified Organisms), Mullins E, Bresson J-L, Dalmay T, Dewhurst IC, Epstein MM, Firbank LG, Guerche P, Hejatko J, Moreno FJ, Naegeli H, Nogué F, Sánchez Serrano JJ, Savoini G, Veromann E, Veronesi F, Casacuberta, J, Fernandez Dumont A, Gennaro A, Lenzi, P, Lewandowska A, Munoz Guajardo IP, Papadopoulou N and Rostoks N, 2022. Updated scientific opinion on plants developed through cisgenesis and intragenesis. EFSA Journal 2022;20(10):7621, 33 pp. https://doi.org/10.2903/j.efsa.2022.7621. 49 EFSA GMO Panel (EFSA Panel on Genetically Modified Organisms), Naegeli H, Bresson J-L, Dalmay T, Dewhurst IC, Epstein MM, Firbank LG, Guerche P, Hejatko J, Moreno FJ, Mullins E, Nogué F, Sánchez Serrano JJ, Savoini G, Veromann E, Veronesi F, Casacuberta J, Gennaro A, Paraskevopoulos K, Raffaello T and Rostoks N, 2020. Applicability of the EFSA Opinion on site-directed nucleases type 3 for the safety assessment of plants developed using site-directed nucleases type 1 and 2 and oligonucleotide-directed mutagenesis. EFSA Journal 2020;18(11):6299, 14 pp. https://doi. org/10.2903/j.efsa.2020.6299. 50 EFSA GMO Panel (EFSA Panel on Genetically Modified Organisms), Mullins E, Bresson J-L, Dalmay T, Dewhurst IC, Epstein MM, Firbank LG, Guerche P, Hejatko J, Moreno FJ, Naegeli H, Nogué F, Rostoks N, Sánchez Serrano JJ, Savoini G, Veromann E, Veronesi F, Fernandez A, Gennaro A, Papadopoulou N, Raffaello T and Schoonjans R, 2022. Statement on criteria for risk assessment of plants produced by targeted mutagenesis, cisgenesis and intragenesis. EFSA Journal 2022;20(10):7618, 12 pp. https://doi.org/10.2903/j.efsa.2022.7618.
Amendment 260 #
2023/0226(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Requirements on the content of notifications for consent for the placing on the market of products containing or consisting of GMOs other than food or feed and on the content of applications for authorisation for the placing on the market of genetically modified food and feed are laid down in different pieces of legislation. To ensure consistency between the notifications for consent and applications for authorisation for category 2 NGT products, the content of such notifications and applications should be the same, except those concerning the assessment of food and feed safety assessment as these are only relevant to category 2 NGT food and feed.
Amendment 266 #
2023/0226(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The European Union Reference Laboratory for GM Food and Feed (EURL), in collaboration with the European Network of GM Laboratories (ENGL), concluded that analytical testing is not yet considered feasible for all products obtained by targeted mutagenesis and cisgenesis (51 ). When the introduced modifications of the genetic material are not specific to the NGT plant in question, they do not allow the differentiation of the NGT plant from conventional plants. In cases where it is not feasible to provide an analytical method that detects, identifies and quantifies, if duly justified by the notifier or the applicant, the modalities to comply with analytical method requirements should be adapted. This should be done in the implementing acts adopted pursuant to this Regulation should be required to ensure one, and provide the exact information needed for the laboratories to differentiate the specific NGT. Furthermore, the Commission and Member States should develop better analytical testing methods. Provision should also be made for the EURL, assisted by the ENGL, to adopt guidance for applicants on the minimum performance requirements for analytical methods. Modalities for performing method validation may also be adapted. _________________ 51 European Network of GMO Laboratories (ENGL), Detection of food and feed plant products obtained by new mutagenesis techniques, 26 March 2019 (JRC116289); 13 June 2023 (JRC133689; EUR 31521 EN)
Amendment 274 #
2023/0226(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Directive 2001/18/EC requires a monitoring plan for environmental effects of GMOs after their deliberate release or placing on the market but provides for flexibility as to the design of the plan taking into account the environmental risk assessment, the characteristics of the GMO, of its expected use and of the receiving environment. Genetic modifications in category 2 NGT plants may range from changes only needing a more limited risk assessment to complex alterations requiring a more thorough analysis of potential risks. Therefore, post- market monitoring requirements for environmental effects of category 2 NGT plants shcould be adapted in the light of the environmental risk assessment and the experience in field trials, the characteristics of the NGT plant concerned, the characteristics and scale of its expected use, in particular any history of safe use of the plant and the characteristics of the receiving environment. Therefore, a monitoring plan for environmental effects should not be required if the category 2 NGT plant is unlikely to pose risks that need monitoring, such as indirect, delayed or unforeseen effects on human health or on the environment.
Amendment 280 #
2023/0226(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 289 #
2023/0226(COD)
Amendment 296 #
2023/0226(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Regulatory incentives shcould be offered to potential SME notifiers or applicants for category 2ertain NGT plants and products containing traits with the potential to contribute to a sustainable agri-food system, in order to steer the development of category 2 NGT plants towards such traits. The criteria to trigger these incentives should exclusively focus on broad trait categories with the evidence-based potential to contribute to sustainability (such as those linked to tolerance or resistance to biotic and abiotic stresses, improved nutritional characteristics or increased yield), and should be based on the contribution to the value for sustainable cultivation and use as defined in [Article 52(1) of the Commission’s Proposal for a Regulation of the European Parliament and of the Council on the production and marketing of plant reproductive material in the Union52 ]. The applicability of the criteria across the EU does not allow a narrower definition of traits to focus on specific issues or address local and regional specificities. _________________ 52 COM(2023) 414 final
Amendment 302 #
2023/0226(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Incentives shcould consist in an accelerated procedure for risk assessment as regards applications handled by a fully centralised procedure (food and feed products) and enhanced pre-submission advice to help SME developers prepare the dossier for the purpose of the environmental and food and feed safety assessments, without affecting the general provisions on pre-submission advice, notification of studies and consultation of third parties pursuant to Articles 32a, 32b and 32c of Regulation (EC) No 178/2002(53 ). _________________ 53 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 031 1.2.2002, p. 1).
Amendment 304 #
2023/0226(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Additional incentives shcould be afforded when the notifier or applicant is a small or medium-sized enterprise (SME), to promote access to the regulatory procedures by these enterprises, support diversification of developers of NGT plants and encourage the development by small breeders of crop species and traits by means of NGTs, by granting fee waivers for the validation of detection methods to SMEsmall enterprises and more extensive pre-submission advice covering also the design of studies to be carried out for the purpose of risk assessment.
Amendment 307 #
2023/0226(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) Herbicide tolerant plants are bred to be intentionally tolerant to herbicides, in order to be cultivated in combination with the use of those herbicides. If such cultivation is not done under appropriate conditions, it mayPractice shows that such cultivation leads to development of weeds resistant to those herbicides orand to the need to increase of quantities of herbicides applied, regardless of the breeding technique. For this reason, NGT plants featuring herbicide-tolerant traits should not be eligible for incentives under this framework. However, this Regulation should not take other specific measures on herbicide tolerant NGT plants, because such measures are taken horizontally in [the Commission’s Proposal for a Regulation of the European Parliament and of the Council on the production and marketing of plant reproductive material in the Union]regarded as NGT plants.
Amendment 312 #
2023/0226(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 323 #
2023/0226(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The special rules laid down in this Regulation concerning the authorisation procedure for category 2 NGT plants are expected to result in more cultivation in the Union of category 2 NGT plants compared to the situation so far under the current Union GMO legislation. That renders necessary for Member States’ public authorities to define coexistence measures to balanceprotect the interests of producers of conventional, and organic and GM plants and thereby allow producers a choice between different types of production, in line with the Farm to Fork Strategy’s target of 25 % of agricultural land under organic farming by 2030.
Amendment 334 #
2023/0226(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Given the novelty of the NGTs, it will be important to monitor closely the development and presence on the market of NGT plants and products and evaluate any accompanying impact on human and animal health, the environment and environmental, economic and social sustainability. Information should be collected regularly and within fivthree years after the adoption of the first decision allowing the deliberate release or the marketing of NGT plants or NGT products in the Union, the Commission should carry out an evaluation of this Regulation to assess the possible negative effects on biodiversity, environment and health, the impact on the organic value chain, the trust and freedom of choice of citizens and measure the progress made towards the availability of NGT plants containing such actual favourable characteristics or properties on the EU market.
Amendment 346 #
2023/0226(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) The types of NGT plants developed and the impact of certain traits on environmental, social and economic sustainability are continuously evolving. Therefore, based on the available evidence of such developments and impacts, the Commission should be empowered in accordance with Article 290 of the Treaty on the Functioning of the European Uniontasked to evaluate the necessity to adapt the list of traits that should be incentivized or discouraged to achieve the goals of the Green Deal and the Farm to Fork, Biodiversity and Climate Adaptation strategies.’ The Commission should present a legislative proposal if it deems it necessary to amend this list.
Amendment 347 #
2023/0226(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) Member States and the Commission should ensure that systematic and independent research on the potential risks involved in the deliberate release or the placing on the market of NGTs is conducted. The necessary resources should be secured for such research by Member States and the Community in accordance with their budgetary procedures and independent researchers should be given access to all relevant material, while respecting intellectual property rights.
Amendment 351 #
2023/0226(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the information required to demonstrate that a NGT plant is a category 1 NGT plant, as regards the preparation and the presentation of the notification for that determination, and as regards the methodology and information requirements for the environmental risk assessments of category 2 NGT plants and of NGT food and NGT feed and NGT products, in accordance with the principles and criteria laid down in this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(55 ). _________________ 55 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 354 #
2023/0226(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The Commission should regularly collect information in order to assess the performance of the legislation in achieving the development and availability of NGT plants and NGT products in the market that can contribute to the objectives of the Green Deal and the Farm to Fork, Biodiversity and Climate Adaptation strategies and in order to inform an evaluation of the legislation. A broad set of indicators have been identified56 and should be periodically reviewed by the Commission. The indicators should support monitoring of potential risks to health or the environment of category 2 NGT plants and related NGT products, impact of NGT plants on environmental, economic and social sustainability as well as impact on organic agriculture and on consumers freedom of choice, including their knowledge of and acceptance of NGT products. A first monitoring report should be presented three years after the first products have been notified/authorised, to ensure that enough data is available after full implementation of the new legislation, and at regular intervals thereafter. The Commission should carry out an evaluation of this Regulation two years after the first monitoring report has been published, in order to allow for the impact of the first products going through the verification or authorisation to fully materialise. _________________ 56 SWD(2023) 412
Amendment 356 #
2023/0226(COD)
Proposal for a regulation
Recital 47
Recital 47
Amendment 366 #
2023/0226(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down specific rules for the deliberate release into the environment for any other purpose than placing on the market of plants obtained by certain new genomic techniques (‘NGT plants’) and for the placing on the market of food and feed containing, consisting of or produced from such plants, and of products, other than food or feed, containing or consisting of such plantsprovisions for certain newer genomic manipulation techniques (‘NGT plants’), while ensuring the protection of health and the environment and upholding the precautionary principle.
Amendment 369 #
2023/0226(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) NGT plantsAnnual arable NGT plants that have no potential to persist, reproduce and spread in the environment;
Amendment 388 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘NGT plant’ means a genetically modified plant obtained by targeted mutagenesis or cisgenesis, orn a combination thereof, on thell of the following condition thats: (a) it does not contain any genetic material originating from outside the breeders’ gene pool that temporarily may have been inserted during the development of the NGT planprepared outside the cell, (b) it is not bred to be intentionally tolerant to herbicides, (c) there is no patent attached to the plant, its traits, properties or the technique used to create it;
Amendment 400 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘targeted mutagenesis’ means mutagenesis techniques resulting in modification(s) of the DNA sequence at precisely defined locations in the genome of an organism;
Amendment 403 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
Amendment 406 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
Amendment 416 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
Amendment 436 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
Amendment 447 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
Amendment 450 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
Amendment 458 #
2023/0226(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 481 #
2023/0226(COD)
Proposal for a regulation
Chapter II – title
Chapter II – title
II Category 1 NGT plants and category 1 NGT productsThe European Parliament deletes this chapter
Amendment 485 #
2023/0226(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 511 #
Amendment 608 #
Amendment 657 #
2023/0226(COD)
Proposal for a regulation
Article 8
Article 8
Amendment 666 #
2023/0226(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 699 #
2023/0226(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 728 #
2023/0226(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 744 #
2023/0226(COD)
Proposal for a regulation
Chapter III – title
Chapter III – title
III Category 2 NGT plants and category 2 NGT products
Amendment 746 #
2023/0226(COD)
Status of Category 2 NGT plants and category 2 NGT products
Amendment 749 #
2023/0226(COD)
The rules which apply to GMOs in Union legislation in so far as they are not derogated from by this Regulation, shall apply to category 2 NGT plants and category 2 NGT products.
Amendment 751 #
2023/0226(COD)
Proposal for a regulation
Chapter III – Section 1 – title
Chapter III – Section 1 – title
1 Deliberate release of category 2 NGT plants for any other purpose than for placing on the market
Amendment 755 #
2023/0226(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
As regards the deliberate release of a category 2 NGT plant for any other purpose than placing on the market, the notification referred to in Article 6(1) of Directive 2001/18/EC shall include:
Amendment 758 #
2023/0226(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) a copy of the studies, which have been carried out and any other available material to demonstrate that the plant is a NGT plant, including that it does not contain any genetic material originating from outside the breeders’ gene poocell where such genetic material has been temporarily inserted during the development of the plant, in accordance with the information requirements specified in the implementing act adopted in accordance with Article 27, point (a);
Amendment 760 #
2023/0226(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c – point ii
Article 13 – paragraph 1 – point c – point ii
(ii) information relating to the category 2 NGT plant(s);
Amendment 762 #
2023/0226(COD)
(iv) information on the interactions between the category 2 NGT plant(s) and the environment;
Amendment 763 #
2023/0226(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c – point v
Article 13 – paragraph 1 – point c – point v
(v) a plan for monitoring in order to identify effects of the category 2 NGT plant(s) on human health or the environment;
Amendment 772 #
2023/0226(COD)
Proposal for a regulation
Chapter III – Section 2 – title
Chapter III – Section 2 – title
2 Placing on the market of category 2 NGT products other than food or feed
Amendment 774 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. As regards the placing on the market of category 2 NGT products other than food and feed, the notification referred to in Article 13(2) of Directive 2001/18/EC, without prejudice to any additional information that may be required in accordance with Article 32b of Regulation (EC) No 178/2002, shall contain:
Amendment 777 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) designation and specification of the category 2 NGT plant;
Amendment 780 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) a copy of the studies, which have been carried out and any other available material to demonstrate that the plant is a NGT plant, including that it does not contain any genetic material originating from outside the breeders’ gene poocell where such genetic material has been temporarily inserted during the development of the plant, in accordance with the information requirements specified in the implementing act adopted in accordance with Article 27, point (a);
Amendment 787 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point h
Article 14 – paragraph 1 – point h
(h) where appropriate, a monitoring plan for environmental effects in accordance with Annex VII to Directive 2001/18/EC, including a proposal for the time-period of the monitoring plan; this time-period may be different from the proposed period for the consent. If, based on the results of any release notified in accordance with Section 1, the findings of the environmental risk assessment, the characteristics of the NGT plant, the characteristics and scale of its expected use and the characteristics of the receiving environment, in accordance with the implementing act adopted in accordance with Article 27, point (d), the notifier considers that the NGT plant does notonly needs a limited monitoring plan, the notifier may propose not to suba limit aed monitoring plan;
Amendment 789 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point j
Article 14 – paragraph 1 – point j
(j) proposed commercial names of the products and names of category 2 NGT plants contained therein, and a proposal for a unique identifier for the category 2 NGT plant, developed in accordance with Commission Regulation (EC) No 65/2004 (60 ). After the consent any new commercial names should be provided to the competent authority; _________________ 60 Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms (OJ L 10, 16.1.2004, p. 5).
Amendment 790 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point l
Article 14 – paragraph 1 – point l
(l) methods for sampling (including references to existing official or standardised sampling methods), detection, identification and quantification of the NGT plant. In cases where it is not feasible to provide an analytical method that detects, identifies and quantifies, if duly justified by the notifier, the modalities to comply with analytical method requirements shall be adapted as specified in the implementing act adopted in accordance with Article 27, point (e) and the guidance referred to in Article 29(2);
Amendment 796 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point m
Article 14 – paragraph 1 – point m
(m) samples of the category 2 NGT plant and their control samples, and information as to the place where the reference material can be accessed;
Amendment 800 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The notifier shall include in this notification information on data or results from releases of the same category 2 NGT plant or the same combination of category 2 NGT plants previously or currently notified and/or carried out by the notifier either inside or outside the Union.
Amendment 801 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. The assessment report as well as all information provided by the applicant shall be made publicly available on a website without undue delay.
Amendment 805 #
2023/0226(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The written consent referred to in Article 19 of Directive 2001/18/EC shall either specify monitoring requirements, as described in Article 19(3) point (f) or state that monitoring is not required. Article 17(2), point (b), of Directive 2001/18/EC shall not apply if monitoring is not required by the consent.
Amendment 815 #
2023/0226(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 826 #
2023/0226(COD)
Proposal for a regulation
Chapter III – Section 3 – title
Chapter III – Section 3 – title
3 Placing on the market of category 2 NGT plants for food or feed use and of category 2 NGT food and feed
Amendment 828 #
2023/0226(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) category 2 NGT plants for food use or for feed use;
Amendment 829 #
2023/0226(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) food containing, consisting or produced from category 2 NGT plants or containing ingredients produced from category 2 NGT plants (‘category 2 NGT food’);
Amendment 832 #
2023/0226(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) feed containing, consisting or produced from category 2 NGT plants (‘category 2 NGT feed’).
Amendment 833 #
2023/0226(COD)
Proposal for a regulation
Article 19 – title
Article 19 – title
Specific provisions on the application for authorisation referred to in Articles 5 and 17 of Regulation (EC) No 1829/2003
Amendment 834 #
2023/0226(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. By way of derogation fromWithout prejudice to Articles 5(3), point (e), and 17(3), point (e), of Regulation (EC) No 1829/2003, and without prejudice to any additional information that may be required in accordance with Article 32b of Regulation (EC) No 178/2002, an application for authorisation of a category 2 NGT plant for food or feed use, or category 2 NGT food or feed shall be accompanied by a copy of the studies, including, where available, independent, peer- reviewed studies, which have been carried out and any other available material to demonstrate that:
Amendment 837 #
2023/0226(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) the plant is a NGT plant, including that it does not contain any genetic material originating from outside the breeders’ gene poocell where such genetic material has been temporarily inserted during the development of the plant, in accordance with the information requirements specified in the implementing act adopted in accordance with Article 27, point (a);
Amendment 840 #
2023/0226(COD)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
Amendment 841 #
2023/0226(COD)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
Amendment 849 #
2023/0226(COD)
Proposal for a regulation
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. By way of derogation fromWithout prejudice to Articles 5(5) and 17(5) of Regulation (EC) No 1829/2003, in the case of category 2 NGT plants or food or feed containing or consisting of category 2 NGT plants, the application shall also be accompanied by:
Amendment 855 #
2023/0226(COD)
Proposal for a regulation
Article 19 – paragraph 3 – point b
Article 19 – paragraph 3 – point b
(b) where appropriate, a monitoring plan for environmental effects in accordance with Annex VII to Directive 2001/18/EC, including a proposal for the duration of the monitoring plan. This duration may be different from the duration of the authorisation. If, based on the results of any release notified in accordance with Section 1, the findings of the environmental risk assessment, the characteristics of the NGT plant, the characteristics and scale of its expected use and the characteristics of the receiving environment, in accordance with the implementing act adopted in accordance with Article 27, point (d), the applicant considers that the NGT plant doesonly needs a limited monitoring plan, the applicant may propose not to submit a limited monitoring plan.
Amendment 863 #
2023/0226(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Union reference laboratory shall test and validate the method of detection, identification and quantification proposed by the applicant in accordance with Article 19(2) or assess whether the information provided by the applicant justifies the application of adapted modalities to comply with detection method requirements referred to in that paragraph.
Amendment 866 #
2023/0226(COD)
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article20a Specific provisions on refusing NGT plants, food, feed and products Without prejudice to the criteria in Regulation (EC) No 1829/2003 and Directive 2001/18/EC, the deliberate release of NGT plants and the placing on the market of NGT food, feed and products shall be refused if a Member States deems it probable that it would jeopardise health, the environment or the sustainability of the food chain.
Amendment 868 #
2023/0226(COD)
Proposal for a regulation
Article 21
Article 21
Amendment 880 #
2023/0226(COD)
Proposal for a regulation
Chapter III – Section 4 – title
Chapter III – Section 4 – title
4 Common provisions for category 2 NGT plants and category 2 NGT products
Amendment 882 #
2023/0226(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
Incentives for category 2 NGT plants and category 2 NGT products containing traits relevant for sustainability
Amendment 887 #
2023/0226(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The incentives in this Article shall apply to category 2 NGT plants and category 2 NGT products, where at least one of the intended trait(s) of the NGT plant conveyed by the genetic modification is contained in Part 1 of Annex III and it does not have any traits referred to in Part 2 of that Annex.
Amendment 890 #
2023/0226(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
(a) where the applicant is a SME, and by way of derogation from Article 20(1), subsection (1) of this Regulation, the Authority shall deliver its opinion on the application within 4 months from the receipt of a valid application, unless the complexity of the product requires application of the time limit referred to in Article 20(1). The time limit shall be extendable under the conditions set out in Article 20(1), subsection (2);
Amendment 892 #
2023/0226(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) where the applicant is a SMEmicro or small enterprise, it shall be exempted from the payment of the financial contributions to the Union Reference Laboratory and to the European Network of GMO Laboratories referred to in Article 32 of Regulation (EC) No 1829/2003.
Amendment 894 #
2023/0226(COD)
Proposal for a regulation
Article 22 – paragraph 3 – point a
Article 22 – paragraph 3 – point a
(a) the staff of the Authority shall, at the request of a potential applicant or notifier where that is a SME, provide advice on plausible risk hypotheses that the potential applicant or notifier has identified based on the properties of a plant, product or hypothetical plant or product, that need to be addressed by providing the information under Parts 2 and 3 of Annex II. The advice shall not, however, cover the design of studies to address the risk hypotheses;
Amendment 895 #
2023/0226(COD)
Proposal for a regulation
Article 22 – paragraph 3 – point b
Article 22 – paragraph 3 – point b
(b) where the potential applicant or notifier is a SMEmicro or small enterprise, it may notify the Authority of how it intends to address the plausible risk hypotheses referred to in point (a) that it has identified based on the properties of a plant, product or hypothetical plant or product, including the design of the studies it intends to perform in accordance with the requirements laid down Parts 2 and 3 of Annex II. The Authority shall provide advice on the notified information, including on the design of the studies.
Amendment 899 #
2023/0226(COD)
Proposal for a regulation
Article 22 – paragraph 4 – point c
Article 22 – paragraph 4 – point c
(c) the Authority shall make public without delay a summary of the pre- submission advice once an application or notification has been considered valid. Articles 38(1a) shall apply mutatis mutandis;
Amendment 902 #
2023/0226(COD)
Proposal for a regulation
Article 22 – paragraph 5 – point a
Article 22 – paragraph 5 – point a
(a) the information necessary to establish that the intended trait(s) conveyed by the genetic modification of the category 2 NGT plant meet the conditions referred to in paragraph 1;
Amendment 903 #
2023/0226(COD)
Proposal for a regulation
Article 22 – paragraph 5 – point b
Article 22 – paragraph 5 – point b
(b) where applicable, the information necessary to demonstrate the (potential) applicant or notifier is a SMEmicro, small or medium enterprise;
Amendment 909 #
2023/0226(COD)
Proposal for a regulation
Article 22 – paragraph 8 – introductory part
Article 22 – paragraph 8 – introductory part
8. The Commission is empowered tomay adopt dea legated acts in accordance with Article 26islative proposal amending the lists of traits of NGT plants laid down in Annex III in order to adapt them to scientific and technological progress and to new evidence relating to the impact on sustainability of those traits, subject to the following conditions:
Amendment 914 #
2023/0226(COD)
Proposal for a regulation
Article 23 – title
Article 23 – title
Labelling of authorised category 2 NGT products
Amendment 921 #
2023/0226(COD)
In addition to the labelling requirements referred to in Article 21 of Directive 2001/18/EC, Articles 12, 13, 24 and 25 of Regulation (EC) No 1829/2003, and Article 4(6) to (7) of Regulation (EC) No 1830/2003, and without prejudice to the requirements under other Union legislation, the labelling of authorised category 2 NGT products may also mention the trait(s) conveyed by the genetic modification, as specified in the consent or the authorisation pursuant to Sections 2 or 3 of Chapter III of this Regulation. This information needs to be evidence-based and needs to be accompanied by the statement that sustainable agriculture needs to be seen in a holistic manner and sustainability cannot be captured in a specific trait.
Amendment 923 #
2023/0226(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
Measures to avoid the unintended presence of category 2 NGT plants
Amendment 928 #
2023/0226(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Member States shall take appropriate measures to avoid the unintended presence of category 2 NGT plants in products not subject to Directive 2001/18 or Regulation 1829/2003. This shall include legally binding buffer zones of no less than 2 kilometre between NGT crops and conventional crops and of no less than 5 kilometre between NGT crops and organic crops. It shall also include detailed legally binding measure to avoid cross contamination further in the food chain, an enforcement plan and appropriately dissuasive penalties.
Amendment 934 #
2023/0226(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
Member States shall set up a public register in which the all locations where NGT plants are bred or cultivated are shown, described by means of latitude and longitude coordinates corresponding to at least one latitude and one longitude point and using at least six decimal digits.
Amendment 936 #
2023/0226(COD)
Proposal for a regulation
Article 24 – paragraph 1 b (new)
Article 24 – paragraph 1 b (new)
Member States shall introduce liability schemes in order to ensure that the costs of cross-contamination of conventional and organic operators with NGTs are born by the operator that released the NGT into the environment. The latter shall also bear the burden of proof.
Amendment 937 #
2023/0226(COD)
Proposal for a regulation
Article 24 – paragraph 1 c (new)
Article 24 – paragraph 1 c (new)
Where operators cultivate NGT crops, they will make this visible to the public by putting up information signs in their field which should be clearly legible.
Amendment 940 #
2023/0226(COD)
Proposal for a regulation
Article 25
Article 25
Article 26b of Directive 2001/18/EC shall not apply to category 2 NGT plants.5 deleted Cultivation
Amendment 955 #
2023/0226(COD)
Proposal for a regulation
Article 26
Article 26
Amendment 976 #
2023/0226(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
Amendment 981 #
2023/0226(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
(c) the methodology and information requirements for the environmental risk assessment of category 2 NGT plants and the safety assessments of category 2 NGT food and feed, in accordance with the principles and criteria laid down in Annex II;
Amendment 983 #
2023/0226(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
Amendment 992 #
2023/0226(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 995 #
2023/0226(COD)
Proposal for a regulation
Article 30 – paragraph -1 (new)
Article 30 – paragraph -1 (new)
-1. By 31 December 2024, the Commission shall present a report on the issue of patents in the food chain, and their effects on food security, freedom of choice for farmers and consumers, increased corporate control in the plant breeding sector and monopolisation of our food. The Commission shall accompany this report with a legislative proposal to amend the intellectual property legislation to prohibit the use of patents on living organisms, genes, traits and breeding techniques.
Amendment 998 #
2023/0226(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. No soonlater than three years after the first decision is adopted in accordance with Article 6(8) or (10) or Article 7(6) or in accordance with Sections 2 or 3 of Chapter III, whichever is the earliest, and thereafter every fivthree years, the Commission shall forward to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on the implementation of this Regulation.
Amendment 1002 #
2023/0226(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. The report shall address the possible negative effects on biodiversity, environment and health, the impact on the organic value chain, the trust and freedom of choice of citizens.
Amendment 1003 #
2023/0226(COD)
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
2b. The report shall address invasiveness, allergenic potential, impacts on non targeted organisms and the effects of NGTs in the use and risk of pesticides and fertilisers.
Amendment 1017 #
2023/0226(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
With regard to category 2 NGT plants, references in other Union legislation to Annex II or Annex III to Directive 2001/18/EC shall be construed as references to Parts 1 and 2 of Annex II to this Regulation.
Amendment 1021 #
2023/0226(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
Any decision taken under, or failure to exercise, the powers vested in the Authority by this Regulation may be reviewed by the Commission on its own initiative or in response to a request from a Member State or from any person directly and individually concernednatural or legal person with sufficient interest. Any non- governmental organisation promoting environmental protection and the protection of health, and meeting any requirements under national law shall be deemed to have sufficient interest.
Amendment 1022 #
2023/0226(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
The Commission shall prepare a draft decision within twoone months requiring, if appropriate, the Authority to withdraw its decision or to remedy its failure to act.
Amendment 1031 #
2023/0226(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32a Access to justice 1. Any natural or legal person having sufficient interest shall have access to a court or other independent and impartial public body competent to review the procedural and substantive legality of the decisions, plans, permits, acts or failure to act of the competent authority under this Regulation. Any non-governmental organisation promoting environmental protection and the protection of human health, and meeting any requirements under national law shall be deemed to have sufficient interest. 2. Access to a court or other independent and impartial public body pursuant to paragraph 1 shall be fair, equitable, timely and not prohibitively expensive and provide adequate and effective remedies, including injunctive relief where appropriate. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.
Amendment 1032 #
2023/0226(COD)
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Article 32b Compensation 1. Member States shall ensure that, where damage to health, the environment or GMO-free food and feed chains has occurred as a result of a violation of the provisions of this Regulation, the individuals affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the violation. 2. Member States shall ensure that, as part of the public concerned, non- governmental organisations promoting the protection of health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the non- governmental organisations referred to in this paragraph.
Amendment 1033 #
2023/0226(COD)
Proposal for a regulation
Article 33
Article 33
Regulation (EU) 2017/625
Article 23
Article 23
Article 23 of Regulation (EU) 2017/625 is amended as follows: (1) in paragraph 2, point (a)(ii) is replaced by the following: ‘(ii) the cultivation of GMOs for food and feed production and the correct application of the plan for monitoring referred to in Article 13(2), point (e), of Directive 2001/18/EC, in Article 5(5), point (b), and Article 17(5), point (b), of33 deleted Amendments to Regulation (ECU) No 1829/2003 and in Articles 14(1), point (h) and 19(3), point (b) of Regulation [reference to this Regulation];; ‘(b) the cultivation of GMOs for food and feed production and the correct application of the plan for monitoring referred to in Article 13(2), point (e), of Directive 2001/18/EC, in Article 5(5), point (b), and Article 17(5), point (b), of Regulation (EC) No 1829/2003 and in Articles 14(1), point (h) and 19(3), point (b) of Regulation [reference to this Regulation];.2017/625
Amendment 1038 #
2023/0226(COD)
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 1
Article 34 – paragraph 2 – subparagraph 1
It shall apply from [248 months from the date of entry into force of this Regulation].
Amendment 1043 #
2023/0226(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 1105 #
2023/0226(COD)
Proposal for a regulation
Annex II – subheading 1
Annex II – subheading 1
Risk assessment of category 2 NGT plants and category 2 NGT food and feed
Amendment 1106 #
2023/0226(COD)
Proposal for a regulation
Annex II – paragraph 1
Annex II – paragraph 1
Part 1 of this Annex describes the general principles to be followed to perform the environmental risk assessment of category 2 NGT plants referred to in Article 13, points (c) and (d), Article 14(1), point (e), and Article 19(3), point (a), and the safety assessment of category 2 NGT food and feed referred to in Article 19(1), point (b). Part 2 describes specific information for the environmental risk assessment of category 2 NGT plants and Part 3 describes specific information for the safety assessment of category 2 NGT food and feed.
Amendment 1112 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 2 – introductory part
Annex II – Part 1 – paragraph 2 – introductory part
The type and amount of information necessary for the environmental risk assessment of category 2 NGT plants laid down in Annex III of Directive 2001/18/EC and for the food and feed safety assessment of category 2 NGT food and feed shallcould be adapted to their risk profile. Factors to be considered include:
Amendment 1115 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 2 – point e a (new)
Annex II – Part 1 – paragraph 2 – point e a (new)
(ea) The cultivation in the European Union of similar non-GMO plants and the risks of cross-contamination;
Amendment 1116 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 3 – introductory part
Annex II – Part 1 – paragraph 3 – introductory part
The environmental risk assessment of category 2 NGT plants and the risk assessment of category 2 NGT food and NGT feed shall consist of the following:
Amendment 1119 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 3 – point a
Annex II – Part 1 – paragraph 3 – point a
(a) problem formulation including hazard identification and characterisation;
Amendment 1123 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 3 – point b
Annex II – Part 1 – paragraph 3 – point b
(b) exposure characterisation and assessment;
Amendment 1124 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 3 – point c a (new)
Annex II – Part 1 – paragraph 3 – point c a (new)
(ca) socio-economic assessment of the consequences of cross-contamination of the NGT plant to non-GMO plants and products thereof
Amendment 1127 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 3 – point c b (new)
Annex II – Part 1 – paragraph 3 – point c b (new)
(cb) risk management strategies
Amendment 1130 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 3 – point c c (new)
Annex II – Part 1 – paragraph 3 – point c c (new)
(cc) overall risk evaluation
Amendment 1138 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 4 – point a – paragraph 1
Annex II – Part 1 – paragraph 4 – point a – paragraph 1
The information shall be provided by collating already available data from scientific literature orand from other sources or, generating scientific data where necessary by performing appropriate experimental or bioinformatic studies.
Amendment 1140 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 4 – point b – paragraph 1
Annex II – Part 1 – paragraph 4 – point b – paragraph 1
Information shall be provided on the likelihood of each identified potential adverse effect, for all expose routes to humans, animals and the environment. This shall be evaluated taking into consideration, as relevant, the characteristics of the receiving environment(s), the intended function, the dietary role, the expected level of use of the food and feed in the EU and the scope of the application for authorisation.
Amendment 1144 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 4 – point c – paragraph 1
Annex II – Part 1 – paragraph 4 – point c – paragraph 1
The applicant shall base its risk characterisation of NGT plants and foods and feed on information from hazard identification, hazard characterisation and exposure assessment. The risk shall be characterised by combining, for each potential adverse effect and for each specific protection goal, the magnitude with the likelihood of that adverse effect occurring to provide a quantitative or semi quantitative estimation of the risk. Where relevant, tThe uncertainty for each identified risk shall be described.
Amendment 1148 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 5
Annex II – Part 1 – paragraph 5
Amendment 1152 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 2 – point 6 a (new)
Annex II – Part 2 – point 6 a (new)
(6a) Impacts on organic cultivation
Amendment 1155 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 2 – point 8 a (new)
Annex II – Part 2 – point 8 a (new)
(8a) Effects on protecting and conserving biodiversity
Amendment 1156 #
2023/0226(COD)
(8b) Effects on protecting ecologically sensitive areas
Amendment 1157 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 2 – point 8 c (new)
Annex II – Part 2 – point 8 c (new)
(8c) Socio-economic effects on the food chain
Amendment 1160 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 3 – point 1 a (new)
Annex II – Part 3 – point 1 a (new)
(1a) Analysis of the potential for persistence and invasiveness resulting from transport, loss, and spillage
Amendment 1164 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 3 – point 2
Annex II – Part 3 – point 2
(2) Toxicology and ecotoxicology
Amendment 1180 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point 4
Annex III – Part 1 – paragraph 1 – point 4
(4) evidence-based more efficient use of resources, such as water and nutrients;
Amendment 1186 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point 7
Annex III – Part 1 – paragraph 1 – point 7
(7) a proven reduced need for external inputs, such as plant protection productchemical pesticides and fertilisers.
Amendment 1188 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 2 – paragraph 1
Annex III – Part 2 – paragraph 1
Traits excluding the application of the incentives referred to in Article 22: - tolerance to herbicides. , - tolerance to antimicrobials, - plants containing the endospore (or crystal) toxins of the Bacillus thuringiensis (Bt) be resistant to certain insect pests - patents on the plant, trait(s) or technique used,
Amendment 190 #
2023/0077(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Very high prices and volatility in electricity markets have been observed since September 2021. As set out by the European Agency for the Cooperation of Energy Regulators (‘ACER’) in its April 2022 assessment of EU wholesale electricity market design17,this is mainly a consequence ofJuly 2021. This is mainly a consequence of the design of the liberalised energy market. Additional factors such as the high price of gas, which is used as an input to generate electricity. _________________ 17 European Union Agency for the Cooperation of Energy Regulators, ACER’s Final Assessment of the EU Wholesale Electricity Market Design, April 2022, and maintenance, corrosion problems and outages experienced in several nuclear reactors further amplified the increase in electricity prices.
Amendment 191 #
2023/0077(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) As expressed by the President of the European Commission Ursula van der Leyen1a, the skyrocketing electricity prices exposed the limitations of the current market design, and there is a need for a structural reform of the electricity market. The high prices of electricity depend of the expensive fossil-based (gas and coal) electricity production as it is based on an algorithm that rely on a discriminatory marginal pricing system where the actual production cost of electricity is not being taken into account. The reform should prepare the ground for other price formulation system, which should reflect the average production costs to avoid speculation and unjust windfall profit. _________________ 1a European Parliament Plenary session 08/06/202 - Conclusions of the special European Council meeting of 30-31 May 20222
Amendment 201 #
2023/0077(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 205 #
2023/0077(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 210 #
2023/0077(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The current electricity market design has also helped the emergence of new and innovative products, services and measures on retail electricity markets, supporting energy efficiency and renewable energy uptake and enhancing choice so as to help consumers reduce their energy bills also through small-scale generation installations and emerging services for providing demand response. Building on and seizing the potential of the digitalisation of the energy system, such as active participation by consumers, should be a key element of our future electricity markets and systems. At the same time, there is a need to respect consumer choices and allow consumers to benefit from a variety of contract offers.
Amendment 213 #
2023/0077(COD)
(7a) Electricity is a universal service of general economic interest and is vital to maintaining a decent standard of living to protect people’s dignity and integrity as required by Article 3 of the Charter of the Fundamental Rights of the European Union. It provides essential functions such as adequate and clean heating, hot water, cooling, lighting, cooking, and powering appliances. The Union recognises that people have a right to energy as a universal service in line with Article 36 of the Charter of the Fundamental Rights of the European Union and Principle 20 of the European Pillar of Social Rights to fully ensure realisation of the Sustainable Development Goal 7 that the Union committed itself at the United Nations Summit on Sustainable Development on 25 September 2015 to implementing the resolution containing the outcome document entitled ‘Transforming our world: the 2030 Agenda for Sustainable Development’. Therefore Member States shall guarantee planning and financing policies are needed to provide affordable and decarbonised electricity to all consumers. Therefore, electricity should be considered as common good and as such all citizens of the European Union should be entitled an affordable access as a fundamental right.
Amendment 220 #
2023/0077(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 228 #
2023/0077(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure the efficient integration of electricity generated from variable renewable energy sources and to reduce the need for fossil-fuel based electricity generation in times when there is high demand for electricity combined with low levels of electricity generation from variable renewable energy sources, it should be possible for transmission system operators to design a peak shaving product enabling demand response to contribute to decreasing peaks of consumption in the electricity system at specific hours of the day. The peak shavinghe Commission, together with ACER and ENTSO-E, should assess the impacts on the functioning of the electricity market of the introduction of peak shaving products by the transmission and distribution system operators outside electricity price crisis situations. These products should contribute to maximize the integration of electricity produced from renewable sources into the system by shifting the electricity consumption to moments of the day with higher renewable electricity generation. As the peak shaving product aims to reduce and shift the electricity consumption, the scope of this product should be limited tohelp to reduce the electricity demand and price during peak hours, while ensuring these products do not to distort the functioning of the day- ahead, intraday and balancing markets and do not cause a redirection of demand side response. The procurement of the peak shaving product should take place in such a way that it does not overlap with the activation services towards peak shaving products. The assessment should also evaluate the possibility of balancing products which aim at maintaining the frequency of the electricity system stable. In order to verify volumes of activated demand reduction, the transmission system operator should use a baseline reflecting the expected electricity consumption without the activation of the peak shaving productlowing transmission and distribution system operators to own energy storage facilities, which costs should be supported through grid access tariffs.
Amendment 242 #
2023/0077(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 254 #
2023/0077(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The energy transition requires a rapid acceleration in the deployment of renewables, onshore and offshore, and electrified demand promoting sector coupling. Such a prompt ramp-up of installations, together with the inherent complexities of managing an electricity system with variable and distributed resources, is posing substantial challenges to the grids. In general, the transmission grid will incorporate large amounts of onshore and offshore renewable capacities and transmit the electricity to demand areas, further interconnect Member States and enable flows from distributed renewables to other demand areas. The distribution grid will incorporate most new onshore renewable capacities and electrified and smart household demand. National regulatory authorities will play a central role in ensuring that enough investment goes into the necessary grid development, expansion and reinforcement. Surplus revenues should be fairly distributed between the consumers and to support investments. Regulatory authorities should promote the utilisation of anticipatory investments, encouraging the acceleration of grid development to meet the accelerated deployment of renewable generation and smart electrified demand such as electric vehicles and heat pumps. This may be the case in particular for designated renewables acceleration areas where anticipatory investments will be instrumental in ensuring that grids become enablers and not bottlenecks.
Amendment 257 #
2023/0077(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Offshore renewable energy sources, such as offshore wind, ocean energy and floating photovoltaic, will play an instrumental role in building a power system largely based on renewables and in ensuring climate neutrality by 2050. There are, however, substantial obstacles to their wider and efficient deployment preventing the massive scale up needed to achieve those objectives. Similar obstacles could arise for other offshore technologies in the future. These obstacles include investment risks associated with the unique topographical situation of offshore hybrid projects connected to more than one market. In order to reduce investment risk for these offshorof those projects developers and to ensure that the projects in an offshore bidding zone have full market access to the surrounding markets, transmission system operators should guarantee access of the offshore project to the capacity of the respective hybrid interconnector for all market time units. If the available transmission capacities are reduced to the extent that the full amount of electricity generation that the offshore project would have otherwise been able to export cannot be delivered to the market, the transmission system operator or operators responsible for the need to limit the capacity should, in future, be enabled to compensate the offshore project operator commensurately using congestion income. This compensation should only be related to the production capability available to the market, which may be weather dependent and excludes the outage and maintenance operations of the offshore project. The details, including the conditions under which the measure may expire, are intended to be defined in an implementing Regulasupport schemes could be designed to introduce compensations when these projects have reduced access to interconnected markets due to grid congestion.
Amendment 262 #
2023/0077(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Given the role of the price in the day-ahead market as a reference for the price in other wholesale electricity markets, and the fact that all market participants receive the clearing price, the technologies with significantly lower marginal costs have consistently recorded high revenues. The marginal pricing design per se should be removed onto a fairer model of price setting, based on production costs.
Amendment 275 #
2023/0077(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The Commission should evaluate the best fitting implementation instruments to ensure that the Power Purchase Agreements are accessible to all types of customers and market participants, including SMEs. This is necessary to address the risk of preserving the most advantageous contracts to large scale consumers, such as energy intensive industries. Furthermore, Member States should implement measures to ensure that the price settled in a Power Purchase Agreements is representative enough of the production cost to prevent unfair competition.
Amendment 285 #
2023/0077(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In view of the need to provide regulatory certainty of producers, the obligation for Member States to apply direct price support schemes for the production of electricity in the form of two-way contracts for difference should apply only to newto all investments and existing capacity for the generation of electricity from the sources specified in the recital above.
Amendment 289 #
2023/0077(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 292 #
2023/0077(COD)
Proposal for a regulation
Recital 36
Recital 36
Amendment 297 #
2023/0077(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The most needed deployment of variable renewable energy generation will only reach its full potential with the deployment of additional energy storage. The future energy system will need more flexibility, stability and reliability to achieve the objectives of the European Green Deal and the Climate Law. Energy storage should play a crucial role in the current and future energy system. It can help decarbonise the economy and increase the efficiency and security of energy supply by providing flexibility, stability and reliability. Energy storage can also lower electricity prices during peak times, reduce price fluctuations and empower consumers to adapt their energy consumption to prices and their needs. Member States should define separate national quantifiable objectives for demand response and energy storage which should be reflected in their integrated national energy and climate plans. As the single market is not well designed to ensure adequate remuneration to energy storage capacity owners, transmission and distribution system operators should be allowed to own energy storage capacities. To achieve the goal of price stability and the decarbonisation of our electricity production, the development of energy storage should not be on a profit-based model. In the light of those plans, the Commission should assess the coherence between the Member States' national targets and the needs of the Union electricity system and propose, where appropriate, measures at EU level to boost demand response and energy storage.
Amendment 306 #
2023/0077(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) To achieve the national objective for non-fossil flexibility such as demand side response and storage investment needs, Member States can design or redesign capacity mechanisms in order to create a green and flexible capacity mechanism. Member States that apply a capacity mechanism in line with the existing rules should promote the participation of non-fossil flexibility such as demand side response and energy storage by introducing additional criteria or features in the design.
Amendment 310 #
2023/0077(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) To support environmental protection objectives the CO2 emissions’ limit, set out in Article 22(4) of Regulation (EU) 2019/943 of the European Parliament and of the Council, should be seen as an upper limit. This limit should be reviewed periodically by the Commission and gradually lowered with the objective to reach 250g CO2 of fossil fuel origin per kWh of electricity in 2040. Therefore, Member States could set technical performance standards and CO2 emissions’ limits that restrict participation in capacity mechanisms to flexible, fossil-free technologies in full alignment with the Guidelines on State aid for climate, environmental protection and energy27which encourage Member States to introduce green criteria in capacity mechanisms. _________________ 27 Communication from the Commission – Guidelines on State aid for climate, environmental protection and energy 2022 (OJ C 80, 18.2.2022, p. 1).
Amendment 318 #
2023/0077(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In addition, if Member States do not apply a capacity mechanism or if the additional criteria or features in the design of their capacity mechanism are insufficient to achieve national objective for demand response and storage investment needs they could apply flexibility support schemes consisting of payments for the available capacity of non- fossil flexibility such as demand side response and energy storage.
Amendment 327 #
2023/0077(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) During the energy crisis, consumers have been exposed to extremely volatile wholesale energy prices and had limited opportunities to engage in the energy market. Consequently, many households, have been facing difficulties when paying their bills. Vulnerable consumers and the energy poor are the hardest hit28, but middle-income households have also been exposed to such difficulties. High energy prices have a negative impact on consumers' health, well-being, social inclusion and quality of life : the energy crisis claimed 68,000 lives in Europe1a. It prevents people from adequately heating or cooling their homes, and forces them to live in such conditions that increase health risks (cardiac and respiratory problems for instance).It is therefore important to update consumer rights and protections, allowing consumers to benefit from the energy transition, decouple their electricity bills from short term price movements on energy markets and rebalance the risk between suppliers and consumers. _________________ 1a Study published in The Economist, May 10th 2023 28 Particular groups are more at risk of being affected by energy poverty or more susceptible to the adverse impacts of energy poverty, such as women, persons with disabilities, older persons, children, and persons with a minority racial or ethnic background.
Amendment 339 #
2023/0077(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Active customers that own, lease or rent a storage or generation facility should have the right to share excess production and empower other consumers to become active, or to share the renewable energy generated or stored by jointly leased, rented or owned facilities, either directly or through a third-party facilitator. The development of energy sharing facilities should take into account the large scale constraints and requirements of the grid system. Energy sharing arrangements are either based on private contractual agreement between active customers or organised through a legal entity. A legal entity that incorporates the criteria of a renewable energy community as defined in Directive (EU) 2018/2001 of the European Parliament and of the Council or a citizen energy community as defined in Directive (EU) 2019/944 of the European Parliament and of the Council can share with their members electricity generated from facilities they have in full ownership. The protection and empowerment framework for energy sharing should pay particular attention to energy poor and vulnerable consumers. The Commission should provide within the two years following the entry in force of this directive an impact assessment on the additional cost generated for the transmission and distribution system operators.
Amendment 342 #
2023/0077(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Energy sharing operationalises the collective consumption of self-generated or stored electricity injected into the grid by more than one jointly acting active customers. Member States should put in place the appropriate IT infrastructure to allow for the administrative matching within a certain timeframe of consumption with self-generated or stored renewable energy for the purpose of calculating the energy component of the energy bill. The output of these facilities should be distributed among the aggregated consumer load profiles based on static, variable or dynamic calculation methods that can be pre-defined or agreed upon by the active customers. Active customers participating in energy sharing should be financially responsible for the imbalances and impact they may cause to the electricity system, either directly or indirectly. All consumer rights and obligations in this Directive will apply to final customers participating in energy sharing schemes. However, households with an installed capacity up to 10.8 kW for single households and up to 50 kW for multi-apartment blocks should not be required to comply with the obligations of suppliers.
Amendment 345 #
2023/0077(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) Vulnerable customers should be adequately protected from electricity disconnections and should, as well, not be put in a position that forces them to disconnect. Therefore, Member States should prohibit electricity disconnections of households and SMEs and ensure that household customers receive electricity supply to cover their basic needs, such as lighting, water heating and cooking, space heating and cooling, access to information and communication technologies. Member States should also complement these rights with the adoption of specific measures for the winter season and the summer season, for household customers to help manage their consumption and avoid high settlement bills. The role of suppliers and all relevant national authorities to identify appropriate measures, in both the short and the long- term, which should be made available to vulnerable customers to manage their energy use and costs remain essential, including by means of close cooperation with social security systems. Any disconnection should always result from a judicial decision and should not be the sole decision of an electricity supplier.
Amendment 350 #
2023/0077(COD)
Proposal for a regulation
Recital 53
Recital 53
Amendment 363 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
(b) set fundamentals principles for well-functioning, integrated electricity markets, which allow all resource providers and electricity customers non- discriminatory market access, enable the development of forward electricity markets to allow suppliers and consumers to hedge or protect themselves against the risk of future volatility in electricity prices, empower consumers, ensure competitiveness on the global marketto ensure the establishment of a price of electricity based average production costs and amortization instead of marginal pricing system, enhance flexibility through demand response, energy storage and other non- fossil flexibility solutions, ensure energy efficiency, facilitate aggregation of distributed demand and supply, and enable market and sectoral integration and market-based remuneration of electricity generated from renewable sources ;
Amendment 374 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/943
Article 1 – point e a (new)
Article 1 – point e a (new)
(ea) ensure the energy and electricity security and prioritise climate and environmental sustainability over market profits.
Amendment 375 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) 2019/943
Article 1 – point e b (new)
Article 1 – point e b (new)
(eb) ensure that sufficient investments are made into the grid and storage capacities to address challenges of increasing share of intermittent generation of electricity and general increase of the use of electricity.
Amendment 377 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
(1a) This article is without prejudice to the right of Member States to organise through a public monopoly the production, distribution and supply of electricity, in line with article 3a of the revised 2019/944 directive.
Amendment 389 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 73
Article 2 – point 73
(73) ‘peak shaving’ means the ability of market participants to reduce electricity consumption at peak hours determined by the transmission system operator;
Amendment 391 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 74
Article 2 – point 74
Amendment 397 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 75
Article 2 – point 75
Amendment 399 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
REGULATION (EU) 2019/943
Article 2 – point 76
Article 2 – point 76
(76) ‘two-way contract for difference’ means a contract signed between a power generating facility operator and a counterpart, usually a public entity, that provides both minimum remuneration protection and a limit to excess remuneration; the contract is designed to preserve incentives for the generating facility to operate and participate efficiently in the electricity markets and complies with the principles set out in Article 4(2) and Article 4(3), first and third subparagraphs, of Directive (EU) 2018/2001; which amount is decided by public authorities and based on the assessment of the cost of electricity generation and amortization of the investment of the generating facility.
Amendment 400 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 77
Article 2 – point 77
(77) ‘power purchase agreement’ or ‘PPA’ means a contract under which a natural or legal person agrees to purchase electricity from an electricity producer on a market basis;public authority decides a fixed price for the remuneration of a generating facility producer, based on the costs of generation of the electricity and amortization of the infrastructure.
Amendment 407 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 78
Article 2 – point 78
(78) ‘market revenue’ means realised income an electricity producer receives in exchange for the sale and delivery of electricity in the Union, or other services related with the energy system, regardless of the contractual form in which such exchange takes place, including power purchase agreements and other hedging operations against fluctuations in the wholesale electricity market and excluding any support granted by Member States;
Amendment 418 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2
Article 2
(80a) ‘surplus revenues’ means a positive difference between the market revenues of producers per MWh of electricity and the cap on market revenues of 80 EUR per MWh of electricity provided for in Article 10a(2);
Amendment 419 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80b (new)
Article 2 – point 80b (new)
(80b) ‘fair price’ means the price that is established by taking into account the costs of production of electricity, amortization of the infrastructure, impact on climate and environment, planned low carbon investments in electricity generation from renewable sources and investments in the grid and electricity storage technologies.
Amendment 424 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2019/943
Article 2 – point 80c (new)
Article 2 – point 80c (new)
(80c) 'Surplus profit' means taxable profit.
Amendment 428 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2019/943
Article 3 – point a
Article 3 – point a
(2 a) Article 3 (a) "(a) prices shall be formed on the basis of demand and supply; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019R0943-20220623)price equalization for all final electricity consumers." Or. en
Amendment 429 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EU) 2019/943
Article 3 – point b
Article 3 – point b
(2 b) market rules shall encourage free price formation and shall avoid actions which prevent price formation on the basis of demand and supply; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019R0943-20220623)Article 3 "(b) when price formation allows high levels of profits and prevent universal access to an affordable and renewable energy, Member States shall take measures to ensure that undue profits are limited and electricity paid by consumers is affordable;" Or. en
Amendment 430 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Regulation (EU) 2019/943
Article 3 – point r and s (new)
Article 3 – point r and s (new)
Amendment 436 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – point ii a (new)
Article 1 – paragraph 1 – point 3 – point b – point ii a (new)
Regulation (EU) 2019/943
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 440 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Article 7a
Amendment 444 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2019/943
Article 7a
Article 7a
Amendment 448 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 457 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 462 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 468 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 471 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 474 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 477 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 480 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 482 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 485 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
Article 7a new
Article 7a new
Amendment 492 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
REGULATION (EU) 2019/943
New article 7a
New article 7a
Amendment 519 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
REGULATION (EU) 2019/943
Article 8 (1)
Article 8 (1)
NEMOs shall allow market participants to trade energy as close to real time as possible and at least up to the intraday cross-zonal gate closure time. By 1 January 2028, the intraday cross-zonal gate closure time shall be at the earliest 30 minutes ahead of real tim6, a cost benefit analysis and feasibility evaluation shall be carried out, by the Commission in collaboration with transmission system operators for electricity, on the impacts on national system security, cost efficiency, RES integration and CO2 emissions of moving the cross-border intraday gate closure time 30 minutes ahead of real time. This analysis shall then be approved by the national regulatory authority. Provided that the result of this cost benefit analysis is positive, the transmission system operator shall submit to the national regulatory authority an action plan aiming at shortening the intraday cross- zonal gate closure time to 30 minutes within 5 years. If the outcome of the cost- benefit analysis is negative, it is required that subsequent cost-benefit analyses be conducted every five years, following the procedure described above.
Amendment 537 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
REGULATION (EU) 2019/943
Article 9
Article 9
[...] d e [...] l e t e d
Amendment 585 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
REGULATION (EU) 2019/943
Article 10a
Article 10a
Amendment 587 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
REGULATION (EU) 2019/943
Article 13
Article 13
Amendment 588 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 c (new)
Article 1 – paragraph 1 – point 6 c (new)
REGULATION (EU) 2019/943
Article 16
Article 16
(6 c) Article 16 (1) is replaced by the following : "1. Network congestion problems shall be addressed with non-discriminatory market- based solutions which give efficient economic signals to the market participants and transmission system operators involvedsolutions. Network congestion problems shall be solved by means of non- transaction-based methods, namely methods that do not involve a selection between the contracts of individual market participants. When taking operational measures to ensure that its transmission system remains in the normal state, the transmission system operator shall take into account the effect of those measures on neighbouring control areas and coordinate such measures with other affected transmission system operators as provided for in Regulation (EU) 2015/1222. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019R0943-20220623)" Or. en
Amendment 589 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point -a (new)
Article 1 – paragraph 1 – point 7 – point -a (new)
REGULATION (EU) 2019/943
Article 18
Article 18
(-a) Article 18 (1) is replaced by the following "1. Charges applied by network operators for access to networks, including charges for connection to the networks, charges for use of networks, charges for the reinforcement of electricity storage and, where applicable, charges for related network reinforcements, shall be cost- reflective, transparent, take into account the need for network security and flexibility and reflect actual costs incurred insofar as they correspond to those of an efficient and structurally comparable network operator and are applied in a non-discriminatory manner. Those charges shall not include unrelated costs supporting unrelated policy objectives. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02019R0943-20220623)" Or. en
Amendment 609 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
REGULATION (EU) 2019/943
Article 19
Article 19
Amendment 617 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
REGULATION (EU) 2019/943
Article 19a
Article 19a
Amendment 618 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
REGULATION (EU) 2019/943
Article 19 a
Article 19 a
Amendment 619 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
REGULATION (EU) 2019/943
Article 19a
Article 19a
Amendment 637 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
REGULATION (EU) 2019/943
Article 19a
Article 19a
Amendment 646 #
2023/0077(COD)
Amendment 906 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d
Article 19 d
Based on the report of the regulatory authority and the transmission system operator pursuant to Article 19c(1), each Member State shall define an indicative national objective for demand side response and storage. This indicative national objective shall also be reflected in Member States’ integrated national energy and climate plans as regards the dimension ‘Internal Energy Market’ in accordance with Articles 3, 4 and 7 of Regulation (EU) 2018/1999 and in their integrated biennial progress reports in accordance with Article 17 of Regulation (EU) 2018/1999.
Amendment 910 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 d
Article 19 d
By June 2025, after assessing the national objectives for demand response and energy storage communicated by the Member States through their integrated national energy and climate plans, the Commission shall present a report to the European Parliament and the Council assessing the national plans. In the light of the conclusions of this report, the Commission shall draw up a European strategy on demand response and energy storage consistent with the Union's 2030 targets for energy and climate as defined in point (11) of Article 2 of Regulation (EU) 2018/1999 and the climate- neutrality objective laid down in Article 2 of Regulation (EU) 2021/1119 which shall be accompanied, where appropriate, by a legislative proposal amending this Regulation and introducing minimum demand response and energy storage targets at Union level.
Amendment 920 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e
Article 19 e
1. Member States which apply a capacity mechanism in accordance with Article 21 shall consider theould promotion ofe the participation of non-fossil flexibility such as demand side response and energy storage by introducing additional criteria or features inensuring that the design of the capacity mechanisms do not create entry barriers on demand response and energy storage.
Amendment 956 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 e
Article 19 e
3a. 4. This article is without prejudice to the right of Member States to enable transmission and distribution system operators to own all on peak production capacity and storage capacity to ensure the good functioning of the grid.
Amendment 986 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2019/943
Article 19 f
Article 19 f
(f) provide incentives for the integration in the electricity market in a market-based and market-responsive way, while avoiding unnecessary distortions of electricity markets as well as taking into account possible system integration costs and grid stability;
Amendment 1001 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EU) 2019/943
Article 23
Article 23
Amendment 1004 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 b (new)
Article 1 – paragraph 1 – point 9 b (new)
Regulation (EU) 2019/943
Article 24
Article 24
Amendment 1005 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 c (new)
Article 1 – paragraph 1 – point 9 c (new)
Regulation (EU) 2019/943
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 1022 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Regulation 2019/943
Article 50 – paragraph 4 a a (new)
Article 50 – paragraph 4 a a (new)
Amendment 1033 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EU) 2019/943
Article 64 – paragraph 5 (new)
Article 64 – paragraph 5 (new)
Amendment 1034 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EU) 2019/943
Article 61
Article 61
(13a) Article 61, 4(a) is replaced by the following "(a) details of rules for the trading of electricity implementing Article 6 of Directive (EU) 2019/944 and Articles 5 to 10, 13 to 17, 35, 36 and 37 of this Regulation; (https://eur-lex.europa.eu/legal-content/FR/TXT/PDF/?uri=CELEX:32019R0943&from=DA), as long as such rules reflect costs-related pricing schemes and not marginal pricing schemes; " Or. en
Amendment 1054 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive (EU) 2019/944
Article 2 – point 15 a
Article 2 – point 15 a
(15a) ‘fixed term, fixed price electricity supply contract’ means an electricity supply contract between a supplier and a final customer that guarantees the same contractual conditions, and for the whole duration of the contract, including the price, while it may, within a fixed price, include a flexible element with for example peak and off peak price variations;
Amendment 1065 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive (EU) 2019/944
Article 2 – point 24 a a (new)
Article 2 – point 24 a a (new)
(24aa) "On Peak production” means turbine based electricity generation or any electricity generation that is used less than 1000h a year on average.
Amendment 1068 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Directive (EU) 2019/944
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1a) Energy poverty’ means a household’s lack of access to essential energy services that provide for a decent standards of living and health, including adequate heating, hot water, cooling, lighting, and energy to power appliances, in the relevant national context, existing social policy and other relevant policies, caused by a combination of factors, including but not limited to non- affordability, insufficient disposable income, high energy expenditure and poor energy efficiency of homes;
Amendment 1071 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
Directive (EU) 2019/944
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) (1 b) The following Article 3a is inserted: Article 3a Possibility for States to derogate from market-based nature of electricity generation, distribution and supply. 1. Considering that electricity is an essential good that impacts all social and economic activities, Member States are free to decide to organise both production and supply of electricity as a public monopoly which action shall follow the following principles : (a) Ensuring the transition to a carbon neutral economy; (b) Limiting the impact of electricity production on the environment; (c) Developing the necessary electricity production to address the increase of electricity usage; (d) Lower prices for consumers to preserve their bargaining power and standards of living; (e) Lower prices for companies to protect their competitiveness; (f) Equalisation of electricity prices for all final consumers with exception of energy intensive industries and energy poor households. 2. The pricing system of electricity of a publicly operated monopoly shall be the same for all final consumers and reflect the average cost of production of electricity on the territory of the concerned Member State, including the net cost of imports and exports of electricity, amortization of new infrastructures, applicable taxes and investments in the grid. 3. The aforementioned national public monopoly shall not operate beyond the limit of the Member States in which it has been established and shall not have any other competences than production, storage and supply of electricity. 4. All the profits made by this public monopoly shall be invested in the generation and storage of electricity from renewable sources and adequate on peak generation capacity. 5. The existence of such a monopoly is without prejudice to the duty of Member States to provide, to the extent of their capacity, to other Member States electricity if they require so; to that effect, Member States shall further develop physical interconnexions between Member States. 6. In the framework of this public monopoly, Member States shall authorise physical persons the right to generate electricity for their own needs.
Amendment 1072 #
2023/0077(COD)
Amendment 1073 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive (EU) 2019/944
Article 4
Article 4
Amendment 1084 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new) Directive (EU) 2019/944
Article 2 – paragraph 1 – point 2 a (new) Directive (EU) 2019/944
(2a) Article 5 (Market-based supply prices) is deleted.
Amendment 1085 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
Directive (EU) 2019/944
Article 9
Article 9
Amendment 1086 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 c (new)
Article 2 – paragraph 1 – point 2 c (new)
Directive (EU) 2019/944
Article 10
Article 10
(2c) In the Article 10 (Basic contractual rights) the following point 13 is added: 13. This article is without prejudice to the possibility of Member States to create a single national electricity supplier according to article 31b (new) of the revised directive
Amendment 1087 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive (EU) 2019/944
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 1096 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Directive (EU) 2019/944
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the national regulatory framework enables suppliers to offer fixed-term, fixed-price contracts and dynamic electricity price contracts. Member States shall ensure that all final customers who have a smart meter installed can request to conclude a dynamic electricity price contract and that all final customers can request to conclude a fixed-term, fixed-price electricity price contract of a duration of at least onetwo year, with at least one supplier and with every supplier that has more than 200 000 final customerss. Suppliers shall not unilaterally modify terms and conditions of fixed-price fixed-term contracts or terminate them before the end of the contract.
Amendment 1101 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point c
Article 2 – paragraph 1 – point 3 – point c
Directive (EU) 2019/944
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Prior to the conclusion or extension of any contract, final customers shall be provided with a summary of the key contractual conditions in a prominent manner and in concise and simple language. This summary shall include at least information on total price, promotions, additional services, discounts, whether the price is fixed or indexed to wholesale prices, contract duration, conditions for termination, payment frequency and accepted means of payment, supplier’s contact details such as customer service’s telephone number and email, and include the rights referred to in points (a), (b), (d), (e) and (f) of Article 10(3). The Commission shall provide guidance in this regard.
Amendment 1109 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
Directive (EU) 2019/944
Article 16
Article 16
" "Article 16 Citizen energy communities 1.Member States shall provide an enabling regulatory framework for citizen energy communities ensuring that: (a) participation in a citizen energy community is open and voluntary; (ab) mMembers or shareholdhip is allowed for physical persons only. (b) members of a citizen energy community are entitled to leave the community, in which case Article 12 applies; (c) members or shareholders of a citizen energy community do not lose their rights and obligations as household customers or active customers; (d) subject to fair compensation as assessed by the regulatory authority, relevant distribution system operators cooperate with citizen energy communities to facilitate electricity transfers within citizen energy communities; (e) citizen energy communities are subject to non-discriminatory, fair, proportionate and transparent procedures and charges, including with respect to registration and licensing, and to transparent, non- discriminatory and cost- reflective network charges in accordance with Article 18 of Regulation (EU) 2019/943, ensuring that they contribute in an adequate and balanced way to the overall cost sharing of the system. 2.(ea) Member States may provide keep the possibility of planning the enabling regulatory framework that citizen energy communities: (a) are open to cross-border participation; deployment of citizen energy communities, including authorisation of the connexion to the grid of such a citizen energy community, according to the capacities of the grid, the social needs, and the consideration of electricity as a common good and public right. (eb) are entitled to own, establish, purchase or lease distribution networks and to autonomously manage them subject to conditions set out in paragraph 4 of this Article; (c) are subject to the exemptions provided for in Article 38(2). 3. Member States shall ensure that citizen energy communities: (a) are able to access all electricity markets, either directly or through aggregation, in a non-discriminatory manner;Member States, especially through transmission and distribution service operators, act as single buyer of the electricity produced by citizen energy communities, at fixed price corresponding to the costs of production and amortization of the investment, 3. Member States shall ensure that citizen energy communities: (b) are treated in a non-discriminatory and proportionate manner with regard to their activities, rights and obligations as final customers, producers, suppliers, distribution system operators or market participants engaged in aggregation; (c) are financially responsible for the imbalances and generally the impact they cause in the electricity system; to that extent they shall be balance responsible parties or shall delegate their balancing responsibility in accordance with Article 5 of Regulation (EU) 2019/943; (d) with regard to consumption of self- generated electricity, citizen energy communities are treated like active customers in accordance with point (e) of Article 15(2); (e) are entitled to arrange within the citizen energy community the sharing of electricity that is produced by the production units owned by the community, subject to other requirements laid down in this Article and subject to the community members retaining their rights and obligations as final customers. (ea) operate on a non-profit basis, according to the legislation of Member States. For the purposes of point (e) of the first subparagraph, where electricity is shared, this shall be without prejudice to applicable network charges, tariffs and levies, in accordance with a transparent cost-benefit analysis of distributed energy resources developed by the competent national authority. 4. citizen energy communities the right to manage distribution networks in their area of operation and establish the relevant procedures, without prejudice to Chapter IV or to other rules and regulations applying to distribution system operators. If such a right is granted, Member States shall ensure that citizen energy communities: (a) are entitled to conclude an agreement on the operation of their network with the relevant distribution system operator or transmission system operator to which their network is connected; (b) charges at the connection points between their network and the"" are entitled to arrange within the Member States may decide to grant are subject to appropriate network do not distcribution network outside the citizen energy community and that such network charges account separately for the electricity fed into the distribution network and the electricity consumed from the distribution network outside the citizen energy community in accordance with Article 59(7); (c) customers who remain connected to the distribution system. minate or harm Or. en (Directive (EU) 2019/944)
Amendment 1110 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
Directive (EU) 2019/944
Article 11 – paragraph 2
Article 11 – paragraph 2
(3a) Article 12 is amended as follows: 2. Member States shall ensure that at least household customers and small enterprises are not charged any switching- related fees and that all final consumers are not charged any switching- related fee if they switch to a regulated price offer.
Amendment 1112 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
Directive (EU) 2019/944
Article 14 – paragraph 2
Article 14 – paragraph 2
(3b) Article 14 is amended as follows: 1. Member States shall ensure that at least household customers, and microenterprises with an expected yearly consumption of below 100 000 kWh, have access, free of charge, to at least one tool comparing the offers of suppliers, including offers for dynamic electricity price contracts. The comparison tools shall underline the risk of subscribing to a dynamic electricity price contracts and the existence of regulated price offer if such offer exists in the concerned Member State. Customers shall be informed of the availability of such tools in or together with their bills or by other means. The tools shall meet at least the following requirements:
Amendment 1113 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 c (new)
Article 2 – paragraph 1 – point 3 c (new)
Directive (EU) 2019/944
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(3c) The Article 15 (Active customers) is amended as follows: The paragraph 2, point a) is deleted.
Amendment 1116 #
2023/0077(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive (EU) 2019/944
Article 15 a – paragraph 1
Article 15 a – paragraph 1
1. All households, small and medium sized enterprises and public bodies have the right to participate in energy sharing as active customersroduce electricity for their own needs and sell the surplus to the transmission system operator, upon agreement of the distribution system operator to ensure that the grid can bear a new electricity input.
Amendment 101 #
2023/0076(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Combating market abuses, while helping to scale back speculative practices that can influence the price of electricity paid by final consumers, will not provide answers capable of bringing about a sustained reduction in electricity prices. The fact is that electricity prices are set according to the marginal cost of operating the last power station drawn on, which means that there is a considerable gap between market price and average production cost.
Amendment 102 #
2023/0076(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Strengthening the powers and competences of ACER, in particular as regards investigations, presupposes a considerable increase in its financial and human resources, given the volume and complexity of the data processed. Some national regulators are better staffed than ACER despite having limited geographical jurisdiction. The success of such a reform is therefore based on the resources allocated to ACER in the long term and on sound cooperation between national regulators and ACER. Accordingly, ACER’s human resources should be increased over and above the 30 full-time equivalents initially envisaged.
Amendment 105 #
2023/0076(COD)
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1c) Resource disparities between national regulators call for stepped-up ACER assistance for national regulators which ask for it, in particular in order to conduct investigations under this Regulation.
Amendment 109 #
2023/0076(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Financial instruments, including energy derivatives, traded on energy markets are of increasing importance and pose a risk that energy prices will rise, which would have a significant impact on the economy as a whole and on people’s standard of living. Due to the increasingly close interrelation between financial markets and energy wholesale markets, Regulation (EU) No 1227/2011 should be better aligned with the financial market legislation such as Regulation (EU) No 596/2014 of the European Parliament and of the Council17, including with respect to the definitions of market manipulation and inside information respectively. More specifically the definition of market manipulation in Regulation (EU) No 1227/2011 should be slightly adjusted to mirror Article 12 of Regulation (EU) No 596/2014. To that end, the definition of market manipulation under Regulation (EU) No 1227/2011 should be adjusted to capture the entering into any transaction, or issuing any order to trade, but also any other behaviour relating to wholesale energy products which: (i) gives, or is likely to give, false or misleading signals as to the supply of, demand for, or price of wholesale energy products; (ii) secures, or is likely to secure, by a person, or persons acting in collaboration, the price of one or several wholesale energy products at an artificial level, or (iii) employs a fictitious device or any other form of deception or contrivance which gives, or is likely to give, false or misleading signals regarding the supply of, demand for, or price of wholesale energy products. _________________ 17 Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (Market Abuse Regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC, OJ L 173, 12.6.2014, p. 1.
Amendment 112 #
2023/0076(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Sharing of information between national regulatory authorities and the national competent financial authorities is a central aspect of cooperation and detection of potential breaches in both the wholesale energy markets and the financial markets. In the light of the exchange of information between competent authorities pursuant to Regulation (EU) 596/2014 at national level, national regulatory authorities should share relevant information they receive with national financial and competition authorities. In view of the growing financialisation of the energy sector, national financial authorities should also be given sufficient resources to carry out their tasks.
Amendment 115 #
2023/0076(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The use of trading technology has evolved significantly in the past decade and is increasingly used on the wholesale energy markets. Many market participants use algorithmic trading and high frequency algorithmic techniques with minimal or no human intervention. The risks arising from these practises should be addressed under Regulation (EU) No 1227/2011. The Commission should consider banning certain practices that pose a risk to Europe’s economic stability and are widening the gulf between the real economy and market value.
Amendment 125 #
2023/0076(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to facilitate monitoring to detect potential trading based on inside information and data quality of collected information, the collection of inside information needs to be aligned with the current processes for trade data reporting. Transparency and regulation of the practices of market participants must take precedence over considerations relating to the administrative burden on them.
Amendment 130 #
2023/0076(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to obtain an accurate, objective and reliable assessment of the price for LNG deliveries to the Union, the Agency should collect all the LNG market data that are necessary to establish a daily LNG price assessment. The price assessment should be undertaken based on all transactions pertaining to LNG deliveries to the Union. ACER should be empowered to collect this market data from all participants active in LNG deliveries to the Union. All such participants should be obliged to report all of their LNG market data to ACER as close to real time as technologically possible either after the conclusion of a transaction or the posting of a bid or offer to enter into a transaction. The ACER price assessment should comprise the most complete dataset including transaction prices and, as of 31 March 2023, bids and offer prices for LNG deliveries to the Union. The daily publication of this objective price assessment, and of the spread established in comparison to other reference prices on the market in the form of an LNG benchmark, paves the way for its voluntary uptake by market participants as the reference price in their contracts and transactions. Once established, the LNG price assessment and the LNG benchmark could also become a reference rate for derivatives contracts used for hedging the price of LNG or the difference in price between the LNG price and other gas prices. The objective of this revision must be to reduce electricity prices and reduce the EU’s dependence on gas. The use of gas, and in particular LNG, is a major source of greenhouse gas emissions. In order to bolster European sovereignty and mitigate climate change, in line with the objectives of the REPowerEU legislation and the FitFor55 legislative package, reducing the use of gas must remain a key principle of EU energy action. When discharging its duties, and in particular when issuing an opinion, ACER must take this objective into account.
Amendment 133 #
2023/0076(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In conjunction with financial authorities, combating money laundering must be one of ACER’s priority tasks as part of the process of supervising energy markets.
Amendment 134 #
2023/0076(COD)
Proposal for a regulation
Recital 17 b (new)
Recital 17 b (new)
Amendment 135 #
2023/0076(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A uniform and stronger framework to prevent market manipulation and other breaches of Regulation (EU) No 1227/2011 in the Member States is necessary. Penalties for breaches of that Regulation, in that they are the best way of preventing market abuses, should be proportionate, effective and dissuasive and reflect the type of the breaches, taking into account the ne bis in idem principle. Administrative sanctions, penalty payments and supervisory measures are complementary parts of an effective enforcement regime. A harmonised supervision of the wholesale energy market requires a consistent approach among national regulatory authorities.
Amendment 140 #
2023/0076(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) To date, the supervision and enforcement of activities under Regulation (EU) No 1227/2011 have been the responsibility of the Member States. Market abuse behaviours are increasingly cross-border in nature, often affecting several Member States. EAlbeit without calling into question the competence and know-how of Member States in this field, the fact is that enforcement action against cross-border market abuses can present jurisdictional challenges relating to the identification of the national regulatory authority that would be best placed to pursue the investigation in question.
Amendment 142 #
2023/0076(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Market abuse cases involving multiple cross-border elements and market participants established outside the Union are also particularly challenging from an enforcement perspective. The current supervisory set-up is not appropriate for the desired level of market integration. The absence of a mechanism to ensure the best possible supervisory decisions for cross- border cases, where joint action by national regulatory authorities and the Agency currently requires complicated arrangements and where there is a patchwork of supervisory regimes must be addressed. There is therefore a need to set up, on the basis of proper cooperation with national regulators, an efficient and effective supervisory and investigatory regime for this type of market abuse cases, which cannot, due to its Union wide features, be addressed by Member State action alone.
Amendment 148 #
2023/0076(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Agency should be empowered to carry out investigations, with the agreement of national authorities, by conducting on-site inspections and by issuing requests for information to the persons under investigations, in particular where the suspected breaches of Regulation (EU) No 1227/2011 have a clear cross-border dimension. In undertaking the on-site inspections and in issuing requests for information to the persons under investigations, the Agency should closely and actively cooperate with the relevant national regulatory authorities, which in turn should provide the Agency with full assistance, including where a person refuses to be subject to the inspection or to provide the requested information. It is important that the procedural guarantees and fundamental rights of the persons concerned of the persons subject to the Agency’s investigations are fully respected. The confidentiality of the information submitted by the persons subject to the investigation should be safeguarded exchanged in accordance with applicable Union data protection rules.
Amendment 156 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – paragraph 1
Article 1 – paragraph 1 – point 2 – point a – paragraph 1
Regulation (EU) No 1227/2011
Article 2
Article 2
“(e) information conveyed by a cliemarket participant or by other persons acting on the cliemarket participant’s behalf and relating to the cliemarket participant’s pending orders in wholesale energy products, which is of a precise nature, relating directly or indirectly, to one or more wholesale energy products”;
Amendment 158 #
2023/0076(COD)
Proposal for a regulation
Article 1– paragraph 1 – point 2 – point b
Article 1– paragraph 1 – point 2 – point b
Regulation (EU) No 1227/2011
Article 2, paragraph 1, point 1 – subparagraph 5
Article 2, paragraph 1, point 1 – subparagraph 5
For the purposes of paragraph 1, information which, if it were made public, would be likely to significantly affect the prices of those wholesale energy products shall mean information a reasonable investormarket participant would be likely to use as part of the basis of his or her investment decision(s) to enter into a wholesale market transaction or issue an order to trade relating to the wholesale energy market;
Amendment 172 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point f
Article 1 – paragraph 1 – point 2 – point f
Regulation (EU) No 1227/2011
Article 2
Article 2
Amendment 181 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point j
Article 1 – paragraph 1 – point 2 – point j
Regulation (EU) No 1227/2011
Article 1
Article 1
(17) ‘inside information platform’ or ‘IIP’ means a person registered under this Regulation to provide the service of operating a platformDoes not affect the English version.) Or. for the disclosure of inside information and for the reporting of disclosed inside information to the Agency on behalf of market participants. Justification
Amendment 201 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1227/2011
Article 4 a
Article 4 a
3a. 4. Within 12 months of the date of entry into force of the revised Regulation, the list set out in paragraph 3 shall be supplemented by a delegated act on the basis of an opinion from the Agency.
Amendment 206 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1227/2011
Article 4 a
Article 4 a
(d) has seriously and systematically infringed this Regulation.
Amendment 211 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1227/2011
Article 4 a
Article 4 a
The Commission shall, by means of implementingdelegated acts, specify :
Amendment 217 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1227/2011
Article 4 a
Article 4 a
Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).”;
Amendment 262 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b Regulation (EU) No 1227/2011
Article 1 – paragraph 1 – point 12 – point b Regulation (EU) No 1227/2011
“(1a) National regulatory authorities shall establish mechanisms to share information they receive in accordance with Article 7(2) and Article 8 with the competent financial market authorities, the national competition authorities, the national tax authorities and EUROFISC and other relevant authorities at national level. Before establishing such mechanisms, the national regulatory authority shall consult with the Agency and with those parties. Accordingly, combating tax fraud shall be an Agency priority.”;
Amendment 282 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) No 1227/2011
Article 13
Article 13
(a) acts are being or have been carried out on wholesale energy products for delivery in at least threewo Member States; or
Amendment 284 #
2023/0076(COD)
(aa) at the request of a national regulator; or
Amendment 286 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b Regulation (EU) No 1227/2011
Article 1 – paragraph 1 – point 14 – point b Regulation (EU) No 1227/2011
(b) acts are being or have been carried on wholesale energy products for delivery in at least two Member States and at least one of the natural or legal persons who is carrying or carried out these acts is resident or established in a third country but registered pursuant to Article 9(1)or one Member State plus a third country; or
Amendment 292 #
2023/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Regulation (EU) No 1227/2011
Article 13
Article 13
(c) the competent national regulatory authority, without prejudice to the derogations referred to in Article 16(5), doehas not immediately take the necessary measures in orderduly substantiated its refusal to comply with the request from the Agency referred to in Article 16(4)(b); or
Amendment 297 #
2023/0076(COD)
(d) the relevant information as defined in Article 2(1) of this Regulation is likely to significantly affect the prices of wholesale energy products for delivery in at least threewo Member States.
Amendment 5 #
2022/2171(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Is of the the opinion that to reap the benefits of the strategy for textiles, the premisses is to drastically curb the quantity of textiles placed on the market; underlines further that any environmental gains made through circularity or cleaner production could be canceled out if production and consumption model, known as fast-fashion, continue to extract natural resources at current rates;
Amendment 6 #
2022/2171(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Notes with regret the de- industrialisation and its consequent loss of know-how in Europe caused by decades of neoliberal relocation policies, supporting a devastating model for the planet and the people, the "fast-fashion";
Amendment 7 #
2022/2171(INI)
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1 b. Underlines that fast-fashion models encourage mass consumption of poor quality clothes, often unrecyclable, and at the expense of workers' social rights;
Amendment 8 #
2022/2171(INI)
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1 c. Considers that the Ecolabel should always set the bar by being the top- performing label and a benchmark for other labels; calls on the Commission to seize the revision of the eco-label Directive and textile labeling legislation as an opportunity to drastically reduce the number of green labels and harmonise their criterion; notes for instance that the Product Environmental Footprint (PEF), initiative led by the industry, is not sufficient as such, as it does not disclose information on microplastics nor social aspects;
Amendment 9 #
2022/2171(INI)
Draft opinion
Paragraph -1 d (new)
Paragraph -1 d (new)
-1 d. Notes that 77% of EU citizens prefer to repair their products instead of buying new ones, while at least 60% are keen on buying second-hand items of all sorts1a; _________________ 1a Eurobarometer survey (No. 388,2014) available here: https://europa.eu/eurobarometer/api/flash /fl_388_en.pdf
Amendment 10 #
2022/2171(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that more than 99 % of the EU textiles ecosystem consists of small and medium-sized enterprises (SMEs); underlines that EU textiles companies face intense competition from Asia, mainly China1 ,grets that the EU Strategy for Sustainable and Circular Textile does not recognise the value of the industry´s labour, in particular of the role of women workers; recalls that more than 99 % of the EU textiles ecosystem consists of small and medium-sized enterprises (SMEs); underlines that EU workers in the textile sector face intense social dumping from third-countries, mainly Asia, including by many EU textile companies who have been outsourcing their production to non- EU countries where environmental and social regulations are less strict or non- existent; _________________ 1 European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, ‘Data on the EU Textile Ecosystem and its Competitiveness: final report’. calls on national authorities to step up their effort on market surveillance and customs checks, in particular regarding counterfeits and REACH violations through online platforms, such as Shein, in order to restore a proper level playing field for European companies; recommends the Commission to introduce deterrent penalties for non-compliance compliance with the forthcoming Ecodesign requirements for textiles set through the Ecodesign for Sustainable Products Regulation; notes that several investigations reported that up to 15%1a of textile products imported in the EU failed to comply with REACH; _________________ 1a https://www.greenpeace.de/publikationen/ S04261_Konsumwende_StudieEN_Mehr %20Schein_v9.pdf
Amendment 20 #
2022/2171(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that the Corporate Due Diligence Directive is key to ensure a level playing field; calls for the Ecodesign for Sustainable Products Regulation (ESPR) to include due diligence aspects within its scope; calls for the ESPR to ensure that an importer is responsible for products produced in third countries which it places on the EU market and that online marketplaces are not able to bypass EU rules and requirements;
Amendment 29 #
2022/2171(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that ever-increasing regulation, which directly and indirectly affects the EU textiles industry, compounded by the COVID-19 pandemic andCalls on the Commission and the Member States to implement additional regulations promoting sustainable business models, especially for SMEs which are an essential driving force; invites the Commission and Member State to support the Russian war of aggression against Ukraine, is seriously threatening the competitiveness of EU businesse of more sustainable textiles, such as linen and hemp, which production and know-how has been lost after decades of relocation policies; calls onfor the Commission and the Member States to only implement additional regulations if they facilitate sustainable business models, as many obligations drastically incextended producer responsibility (EPR) scheme to support the activities of social enterprises active in used textiles management, providing local jobs and trainings, to unleash the full potential of reause costs, especially for SMEsapacities in the EU, as separate collection of textiles will be mandatory from 1 January 2025;
Amendment 36 #
2022/2171(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 39 #
2022/2171(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Insists on the need to drastically reduce the use of synthetic fibres, which are mainly fossil-based and lead to microplastic pollution; further notes that binding design requirement, including binding targets to reduce mixed-material composition would help recyclability in Europe;
Amendment 51 #
2022/2171(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the challengesessential need to achieving a fully circular business model for textile companies, in particular owing to current technological and physical conthrough a qualified workforce and technological innovation by supporting sustraints onable production processes and recycling, such as the use of chemicals, the lackreduction of chemicals, the development of sustainable and local productions such as wool and hemp, ambitious social targets, the enhancement of circular design, digitalisation gaps and the workforce’s up- and reskilling needs; agrees with the Commission that the production of clothing from recycled bottles is not consistent with the circular model for PET bottles; welcomes the proposal of the Commission to ban the destruction of unsold or returned textiles, under the Ecodesign for Sustainable Products Regulation and calls for the Digital Product Passport to be harnessed as a tool for mandatary disclosure and reporting of unsold and returned volumes; underlines the necessity to cover all stakeholders, including SMEs, considering most of them are subsidiaries;
Amendment 60 #
2022/2171(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines that the public sector in the EU is an important buyer of textile products and has considerable purchasing power in the market; notes that in the European Green Deal Investment Plan, the Commission has committed to proposing minimum mandatory green criteria or targets for public procurements in sectoral initiatives, EU funding or product-specific legislation;
Amendment 70 #
2022/2171(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Underlines the huge untapped potential of public procurements in supporting circular models and local companies with sustainable manufacturing processes; calls for the introduction in all Member States of ambitious environmental and social criterion in all public procurements in the textile sector, together with a proximity principle, as part of a larger revision for stringent on the ‘Made in Europe’ label, a binding EU Ecolabel and mandatory Green Public Procurement criteria;
Amendment 78 #
2022/2171(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Points to the need to introduce reuse tenders in public procurements, especially for workwear and textiled furnitures;
Amendment 84 #
2022/2171(INI)
Draft opinion
Subheading 1 a (new)
Subheading 1 a (new)
Amendment 87 #
2022/2171(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Underlines that unfair competition practices such as greenwashing and misleading claims are widespread in the textile and garment industry and that well-informed choices can help drive demand to quality clothes, less damageable for the environment and for a supply chain that respect social regulations and due diligence requirements;
Amendment 93 #
2022/2171(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3 e. Considers green washing as unfair competition towards SMEs truly committed to greener manufacturing processes and particularly misleading for consumers;
Amendment 96 #
2022/2171(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3 f. Supports the creation of a Digital Product Passport for textiles based on mandatory on value chain traceability, including suppliers and factory information along all steps of the production (Cut Make Trim, washing, dyeing, fabric, harm, trims and tanneries) as well as of the sourcing countries for the main agricultural commodities, complemented with environmental and social information; highlights in this regard the existing standard developed in 2021 by the UN Economic Commission for Europe on "Traceability and Transparency in the Textile and Leather Sector"; recommends implementation of a QR code redirecting to all this information;
Amendment 98 #
2022/2171(INI)
Draft opinion
Paragraph 3 g (new)
Paragraph 3 g (new)
3 g. Insists on the Digital Product Passport to be user-friendly in order to foster environmentally and socially responsible consumers choices, as well as up-to-date and according to open data standards; notes that traceability is more and more a demand from consumers; stresses further that full traceability, including of fibre production, material sourcing and manufacturing stages, is key to proper implementation of European sanctions and due diligence requirements, as shown in cases of forced labour in cotton field in Uzbekistan, or more recently with forced Uighurs labour and Chinese “cotton laundering” to neighbouring countries;
Amendment 100 #
2022/2171(INI)
Draft opinion
Paragraph 3 h (new)
Paragraph 3 h (new)
3 h. Points to the International Trade Union Confederation (ITUC) Global Rights Index as a good standards for the Digital Product Passeport methodology on social rights;
Amendment 101 #
2022/2171(INI)
Draft opinion
Paragraph 3 i (new)
Paragraph 3 i (new)
Amendment 102 #
2022/2171(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that research and innovation is key, both in reuse and recycling sectors, is one of the policies to maintaining the EU textiles industry’s leading position in innovation2 , especially in sustainable fibres such as bio-based fibrfor switching to bio-based fibres while at the same time supporting more sustainable manufacturing processes, in inventing and scaling upupporting circular production and recycling technologies,, especially fibre to fibre recycling; insists on the necessity to provide operational and fin harnessing the opportunities offered by digitalisation, e.g. with the Digital Product Passport or smartancial public support to the development of innovative collection and sorting methods to increase local reuse and recycling capacities; warns against technological solutionism in the field of microplastic shedding; is of the opinion that the premises should be to considerably reduce the amount of textile products made of synthetic fibres and other fossil-based textiles; _________________ 2 Ibid.
Amendment 112 #
2022/2171(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes that mandatory requirements to regulate the export of textiles waste outside the EU needs to go hand in hand with strong supports to local reuse and recycling activities;
Amendment 114 #
2022/2171(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on the Commission to set ambitious and mandatory targets to reduce the water footprint of the textile industry;
Amendment 119 #
2022/2171(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that several EU funding opportunities exist, such as via Cluster 2 of Horizon Europe or the European Innovation Council; calls for the creation of an EU research and innovation agenda aligned with the transition pathway for the textiles ecosystem; underlines the leading role the European Institute of Innovation and Technology (EIT) Knowledge and Innovation Communities (KICs) on Culture & Creativity3 and Manufacturing4 should play in this process; notes that the challenge for EU textile is less accessing EU funds than responding to the most crucial crisis of Humankind, climate change, through concrete reduction targets. _________________ 3 https://eit.europa.eu/eit-community/eit- culture-creativity. 4 https://www.eitmanufacturing.eu/.
Amendment 38 #
2022/0344(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The legislative report 2014/2239(INI) underlined that in the EU, more than 1 million people still lacked access to a safe and clean drinking water supply and nearly 2 % of the population lacks access to sanitation. In line with resolution 64/292 of the United Nations General Assembly that recognises ‘the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights’ and resolution 7/22 of the United Nations Human Rights Council, Member States should ensure the effectiveness of the right to clean water and sanitation. Improving the quality of both surface water and groundwater participates to the enjoyment of clean drinking water to the population. Proper access to justice is a way, among others, to ensure full effectivity to the aforementioned rights. Report 2021/2187(INI) also reaffirms European Parliament position in favour of treating water resource as a common good through public management and public property.
Amendment 40 #
2022/0344(COD)
(1 b) Report 2021/2187(INI) of the European Parliament reaffirms the external dimension of the implementation of the human right to clean water and sanitation. Improving the quality of groundwater and surface water should also be a guiding principle in EU external action. Considering that water basins also extend beyond EU external border, ensuring the effective implementation of the water quality directives also participates to improving the access to clean water in third countries.
Amendment 42 #
2022/0344(COD)
Proposal for a directive
Recital 1 c (new)
Recital 1 c (new)
(1 c) Due to geographical and socioeconomic factors, some populations are more vulnerable to water pollution. The development of both legal and illegal mining combined with the strong attachment of indigenous population to their land exposes certain populations and biodiversity to a greater risk. In this regard, attention must be directed to the quality of water specifically, but not exclusively, in French Guiana and Sapmi.
Amendment 43 #
2022/0344(COD)
Proposal for a directive
Recital 1 d (new)
Recital 1 d (new)
Amendment 45 #
2022/0344(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) Reports 2021/2187(INI) and 2014/2239(INI) of the European Parliament state that water should be treated as a common good and therefore that its management should be carried out by public bodies in order to ensure that preservation of ecosystems and universal access to a clean water are favoured over economic considerations.
Amendment 46 #
2022/0344(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) It is necessary to provide sufficient financial and human resources to inspection and control services of the Member States in order to achieve the goals set by the Directive.
Amendment 47 #
2022/0344(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Water pollution is mainly caused by the release of pharmaceuticals in wastewater, industrial waste and agricultural waste. We must ensure a synergy between all pieces of European legislation to prevent pollution at the source by introducing more ambitious obligations in order to prevent pollution at the source.
Amendment 48 #
2022/0344(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3 b) Authorities have a distinct responsibility in the implementation of the Directive. They must continue to play an active role in reducing pollution at source by banning the use of listed substances, promoting new agricultural practices and strengthening inspection services in industrial and agricultural environments.
Amendment 60 #
2022/0344(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) In addition to the cost on biodiversity and water treatment systems, water pollution is also a large burden on the public health system. Tackling this issue by implementing lower thresholds of substances concentration and addressing pollution at its source is also an efficient way to contribute to sound public finances. The cost of sanitation of water is unevenly shared and should rely more on polluters rather than taxpayers. Per- and polyfluoroalkyl substances (PFAS) alone cause health-related costs of 2.8–4.6 billion EUR for the Nordic countries and 52–84 billion EUR for all EEA countries.
Amendment 62 #
2022/0344(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8 b) Water pollution poses a risk not only to biodiversity and to the people living in the vicinity of contaminated water, but also to workers exposed to concentration levels of toxic substances that are hazardous, especially, but not exclusively, in the sanitation and agricultural sectors. On 10 June 2022, the 110th ILO International Labour Conference, the right to a safe and healthy working environment was added to the list of universally recognised fundamental rights at work. Member States should increase the frequency of work inspections, taking into account the exposure of workers to toxic substances in water. It is imperative to go well beyond the minimum objective of one inspector for every 10.000 workers set by of the International Labour Organization (ILO), which, however, many Member States still do not meet.
Amendment 72 #
2022/0344(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
Amendment 73 #
2022/0344(COD)
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
Amendment 78 #
2022/0344(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) Protection of groundwater ecosystems and geoheritage should not be neglected by this Directive. Caves and karst areas are important and vulnerable ecosystems and unique geological sites that need protection. In karst areas, caves offer natural access to groundwater systems, which is of great importance for the water supply of populations. Karst aquifers are the most vulnerable to contamination and transport pollutants like pesticides or microplastics large distances through complex flowpaths with effectively no filtration. Therefore, specific thresholds for groundwater protection need to be implemented after a review of the European Commission.
Amendment 83 #
2022/0344(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) Member States not only have a duty to measure, to the best of their capacity, the chemical status of groundwater and surface water, but also to take all reasonable steps to prevent pollution of water. To ensure the effectiveness of this Directive, further preventive measures should be taken. These measures include further control of industrial and agricultural practices and banning of certain substances. The polluter pays principle should contribute to the sharing of the cost of measurements and prevention methods between public and private actors.
Amendment 84 #
2022/0344(COD)
Proposal for a directive
Recital 22 b (new)
Recital 22 b (new)
(22 b) The better distribution of costs resulting from the application of the polluter pays principle should enable public authorities to harmonize their methods of sampling to better guarantee the right to health. As stated in Article 12 of the International Covenant for Economic, Social and Cultural Rights, the right to health is recognised as an international human right. The Treaty of the Functioning of the European Union also guarantees the right to health as Article 168 ensures a high level of health protection.
Amendment 87 #
2022/0344(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) Given that groundwater ecosystems are more vulnerable to stressors than many other freshwater ecosystems, the difficulty associated with remediation of contaminated groundwaters and the importance of groundwater as a drinking water source, a precautionary approach should be applied when setting groundwater threshold values, to protect groundwater ecosystems, human health and groundwater-dependent ecosystems. With regard to this, as well as the recommendations from the EMA guidance document EMA/CVMP/ERA/103555/2015, a factor 10 (lower) thresholds should be applied for groundwater compared to surface water.
Amendment 96 #
2022/0344(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) The Commission should update, on a regular basis, the list of environmental priority substances and the watch list according to scientific and technological findings regarding economic sectors that are expected to grow in order to achieve energetic transition and that present high risks of water pollution. The updating should be allowed to occur outside of the general updating cycles, to ensure a continuous improvement of water quality assessment.
Amendment 113 #
2022/0344(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive 2000/60/EC
Article 2 – point 30 a)
Article 2 – point 30 a)
(30a) ‘Priority hazardous substances’ means priority substances which are marked as ‘hazardous’ on the basis that they are recognised in scientific reports, in relevant Union legislation, or in relevant international agreements, as being toxic, persistent and liable to bio-accumulate or being endocrine disrupters or substances identified as PMT/vPvM or as giving rise to an equivalent level of concern, where this concern is relevant to the aquatic environment and for which measures have to be taken in accordance with [ref to measures to phase out PHS within 20 years from their listing].
Amendment 142 #
2022/0344(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2000/60/EC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall ensure that the available individual monitoring data collected in accordance with point 1.3.4 and 2.4.3 of Annex V and the resulting status in accordance with Annex V are made available to the public and to the European Environment Agency (EEA) at least once a year electronically in a machine-readable format in accordance with Directive 2003/4/EC of the European Parliament and of the Council*, Directive 2007/2/EC of the European Parliament and of the Council** and Directive (EU) 2019/1024 of the European Parliament and of the Council***. For those purposes, Member States shall use the formats established in accordance with paragraph 3 of this Article.
Amendment 175 #
2022/0344(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
2006/118/EC
Article 1 – paragraph 1 – point (ba) (new)
Article 1 – paragraph 1 – point (ba) (new)
(b a) criteria for assessing the good ecological status of groundwater.
Amendment 198 #
2022/0344(COD)
ECHA shall prepare scientific reports to assist the Commission in selecting the substances and indicators for the watch list, taking into account the following information:
Amendment 199 #
2022/0344(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Directive 2006/118/EC
Article 6a – paragraph 1 – subparagraph 4 – point e
Article 6a – paragraph 1 – subparagraph 4 – point e
(e) information on production volumes, use patterns, intrinsic properties (including mobility in soils and, where relevant, particle size), concentrations in the environment and adverse effects to human health and the aquatic environment of a particular substance or group of substances, including information gathered in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council***, Regulation (EC) No 1107/2009 of the European Parliament and of the Council****, Regulation (EU) No 528/2012 of the European Parliament and of the Council*****, Regulation (EU) 2019/6 of the European Parliament and of the Council******, Directive 2001/83/EC of the European Parliament and of the Council******* and Directive 2009/128/EC of the European Parliament and of the Council******** including guidance collected from the application, such as the European Medicines Agency Guideline on the assessment of environmental and health risks of veterinary medicinal products on groundwater (EMA/CVMP/ERA/103555/2015 of 30 April 2018 ), ;
Amendment 201 #
2022/0344(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Directive 2006/118/EC
Article 6a – paragraph 1 – subparagraph 4 – point f
Article 6a – paragraph 1 – subparagraph 4 – point f
(f) research projects and scientific publications, including information on the impact of material and thermal contaminants on groundwater ecosystems and groundwater-dependent ecosystems and their biodiversity, on trends and predictions based on modelling or other predictive assessments and data and information from remote sensing technologies, earth observation (Copernicus services), in-situ sensors and devices, or citizen science data, leveraging the opportunities offered by artificial intelligence, advanced data analysis and processing;
Amendment 206 #
2022/0344(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Directive 2006/118/EC
Article 6a – paragraph 5a (new)
Article 6a – paragraph 5a (new)
5 a. Member States shall evaluate every two years the impact on water quality of the economic development of industries related to the energetic transition, such as the mining sector, and inform the Commission on newly identified threats to update the watch list accordingly. The evaluation shall be easily accessible to the public.
Amendment 208 #
2022/0344(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
Directive 2006/118/EC
Article 6 aa (new)
Article 6 aa (new)
(6 a) The following Article is inserted: "Article 6aa. Groundwater may be abstracted for thermal use only if it does not adversely affect an existing groundwater ecosystem as a result of the abstraction and after re- injection. Competent authorities shall also take all necessary measures to progressively minimize anthropogenic inputs of heat, cold or contaminated surface water into groundwater in order to ensure the protection of groundwater ecosystems and of other aquatic and terrestrial ecosystems where these ecosystems, their biodiversity and their uses depend on the body of groundwater concerned. The measures required for this purpose shall be included in the program of measures pursuant to Article 11 of Directive 2000/60/EC. The EU Commission shall, not later than [first day of the month 24 months after the date of entry into force of this amending Directive]. submit criteria to improve the protection of groundwater ecosystems to the European Parliament and the Council."
Amendment 230 #
2022/0344(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Directive 2006/118/EC
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6 a. By [two years after the entry into force of this Directive], the Commission shall establish technical guidance on methods for monitoring and assessing thermal and biological impacts on groundwater to ensure the protection of groundwater ecosystems, as well as other aquatic ecosystems that depend on the body of groundwater concerned.
Amendment 236 #
2022/0344(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
Directive 2006/118/EC
Article 10 a (new)
Article 10 a (new)
(10 a) A new Article 10 a is inserted: ‘Article10 Specific substances and thresholds applicable to caves and karst areas Before ... [two years after the entry into force of this directive], the Commission shall propose a revision of the directive to include a new annex, covering the chemical status of caves and karst areas with a specific list of substances and thresholds.’
Amendment 246 #
2022/0344(COD)
Amendment 249 #
2022/0344(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c
Article 3 – paragraph 1 – point 3 – point c
2008/105/EC
Article 5 – paragraph 4 – subparagraph 3
Article 5 – paragraph 4 – subparagraph 3
Amendment 295 #
2022/0344(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
Directive 2008/105/EC
Article 8b – paragraph 5a (new)
Article 8b – paragraph 5a (new)
5 a. Member States shall evaluate the impact on water quality of the economic development of industries related to the energetic transition, such as the mining sector, and inform the Commission on newly identified threats to update the watchlist.
Amendment 307 #
2022/0344(COD)
Proposal for a directive
Annex III
Annex III
Directive 2006/118/EC
Annex I – paragraph 1a (new)
Annex I – paragraph 1a (new)
If a particular groundwater body, in particular a groundwater body in the ecological network of special areas of conservation under Council Directive 92/43/EEC, is likely to result in groundwater quality standards, that the environmental objectives laid down in Article 4 of Directive 2000/60/EC for associated surface waters cannot be achieved, or that significant deterioration in the ecological or chemical quality of those bodies of water or significant damage to groundwater ecosystems or terrestrial ecosystems directly depending on the body of groundwater concerned could occur, more stringent threshold values shall be established in accordance with Article 3 of and Annex II to this Directive. The programs and measures required in relation to such threshold values shall also apply to the activities falling within the scope of Directive 91/676/EEC.
Amendment 314 #
2022/0344(COD)
Proposal for a directive
Annex IV – paragraph 1 – point 2
Annex IV – paragraph 1 – point 2
Directive 2006/118/EC
Annex II – Part B – point 4 (new)
Annex II – Part B – point 4 (new)
2 a. The following item 4 is inserted: "4. other indicators relevant to the quality of groundwater and to the better protection of groundwater ecosystems Temperature Biology Surface water input."
Amendment 323 #
2022/0344(COD)
Proposal for a regulation
Annex III
Annex III
(1) (2) (3) (4) (5) (6) [Entr Name of Category of CAS number EU number (2) Quality Standard (3) y] No substance substances (1) [µg/l unless otherwise indicated] 3a PFAS - total Industrial not not applicable (7a) substances applicable ______________________ (7a) The quality standard will be set by the Commission by delegated act. Or. en JustificationIt’s imperative to establish a quality standard for all PFAS, as emphasized in the drinking water directive. This necessitates including PFAS total in Annex 1. The Commission must determine the actual quality standard through a delegated act.
Amendment 328 #
2022/0344(COD)
Proposal for a regulation
Annex III
Annex III
Directive 2006/118/EC
Annex I – table – row 9
Annex I – table – row 9
Amendment 334 #
2022/0344(COD)
Proposal for a Directive
Annex V – paragraph 1 – point 2
Annex V – paragraph 1 – point 2
Directive 2008/105/EC
Annex I – table – row 62
Annex I – table – row 62
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (60) Gly Her 107 213- 0,1 8,67 0,01 398,0,1 39,80,01 phos bici 1- 997- (25) 6 6 ate des 83-6 4 86,7 (26) ______________________ (25) For freshwater used for the abstraction and preparation of drinking water. (26) For freshwater not used for the abstraction and preparation of drinking water.
Amendment 336 #
2022/0344(COD)
Proposal for a Directive
Annex V – paragraph 1 – point 2
Annex V – paragraph 1 – point 2
Directive 2008/105/EC
Annex I – table – row 72 a new
Annex I – table – row 72 a new
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) 70a Bisp Ind not not * * * * hen ustri appl appl ols al icab icab che le le mic als ______________________ *The quality standards will be set by the Commission by delegated act.
Amendment 338 #
2022/0344(COD)
Proposal for a Directive
Annex V – paragraph 1 – point 2
Annex V – paragraph 1 – point 2
Directive 2008/105/EC
Annex I – table – row 72 b new
Annex I – table – row 72 b new
Amendment 340 #
2022/0344(COD)
Proposal for a Directive
Annex V – paragraph 1 – point 2
Annex V – paragraph 1 – point 2
Directive 2008/105/EC
Annex I – table – row 72 c new
Annex I – table – row 72 c new
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) 70c Pha Pha not not 0,25 0,02 rma rma appl appl 5 ceut ceut icab icab ical icals le le activ e subs tanc es - total
Amendment 36 #
2022/0298(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) With a view to ensuring that the principles of this directive are swiftly brought into effect, it is essential that the EU provides the Member States with technical expertise and provides funds in the next multiannual financial framework specifically for efforts to tackle asbestos. The European Regional Development Fund, the European Social Fund Plus and the Recovery and Resilience Facility should be made available as soon as possible for asbestos policies at EU level. The provision of electron microscopes to improve assessment of workers’ exposure to asbestos should be one of the priority areas for funding in efforts to tackle asbestos.
Amendment 47 #
2022/0298(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Within the framework of the EU’s ‘renovation wave for Europe’ initiative, the goal of which is to decarbonise buildings, tackle energy poverty and boost our sovereignty by means of energy efficiency, workers potentially exposed to asbestos urgently need to be trained. National training plans on exposure to asbestos should incorporate training workers. The purpose of that training should be to enable workers to identify asbestos and removed it under the safest possible conditions for their health and for the health of anyone who may be exposed to it, for example, in the vicinity of building renovation or demolition sites.
Amendment 70 #
2022/0298(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The Russian Government’s war of aggression against Ukraine is causing not only suffering for the Ukrainian people but also considerable damage to infrastructure, housing and the built environment more generally. As Ukraine did not ban the use of asbestos until 2017, the forthcoming reconstruction of the country poses a significant risk to workers, particularly those that handle rubble. It is therefore of the utmost importance that, whether they employ workers from a Member State or not, European companies involved in rebuilding the country take every possible measure to prevent workers’ exposure to asbestos.
Amendment 82 #
2022/0298(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2009/148/EC
Article 3
Article 3
(2a) Article 3 is replaced by the following: “Article 3 1. This Directive shall apply to all activities in which workers are or may be exposed in the course of their work to dust arising from asbestos or materials containing asbestos. 2. In the case of any activity likely to involve a risk of exposure to dust arising from asbestos or materials containing asbestos, this risk must be assessed in such a way as to determine the nature and degree of the workers’ exposure to dust arising from asbestos or materials containing asbestos. 3. Provided that worker exposure is sporadic and of deleted 4. Member States shall, follow intensity, and if it is clear from g consultation withe results of the risk assessment referred to in paragraph 2 that the exposure limit for asbestos will not be exceeded in the air of the working area, Articles 4, 18 and 19 may be waived where the work involves: a) short, non-continuous maintenance activities in which only non-friable materials are handled; b) removal without deterioration of non- degraded materials in which the asbpresentatives from both sides of industry, in accordance with national law and practice, develop sector- specific responses tos fibres are firmly linked in a matrix; c) encapsulation or sealing of asbestos- containing materials which are in good condition; d) air protect workers from exposure to asbestos dust, including activities in the renovation and demonlitoring and control, and the collection of samples to ascertain whether a specific material contains asbesion, waste management, mining, cleaning and firefighting sectors. 4. Member StatThese shall, following consultation with representatives from both sides of industry, in accordance with national law and practice, lay down practical guidelines for the determination of sporadic and low-intensity exposure, as provided for in paragraph 3olutions must also take account of the release of asbestos into the environment. 5. The assessment referred to in paragraph 2 shall be the subject of consultation with the workers and/or their representatives within the undertaking or establishment and shall be revised where there is reason to believe that it is incorrect or there is a material change in the work. Or. fr (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32009L0148)
Amendment 89 #
2022/0298(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2009/148/EC
Article 4 – paragraph 3
Article 4 – paragraph 3
(2b) In Article 4, paragraph 3 is replaced by the following: "3. The notification referred to in paragraph 2 shall be submitted by the employer to the responsible authority of the Member State, before the work commences, in accordance with national laws, regulations and administrative provisions. The notification must include at least a brief description of: (a) the location of the worksite and the specific areas in which the work will be carried out; (b) the type and quantities of asbestos used or handled; (c) the activities and processes involved; (d) the number of workers involved, a list of the workers likely to be assigned to the site, the individual certificates proving their competence and the training received, and the dates of the mandatory medical visits; (e) the starting date and duration of the work and the planned working hours; (f) measures taken to limit the exposure of workers to asbestos. ; (fa) the characteristics of the equipment used for the protection and decontamination of workers; (fb) the procedure for the decontamination of workers and equipment, durations and working hours; (fc) the characteristics of the equipment used for disposal; Notifications shall be kept by the responsible authority of the Member State in accordance with national law and practice for a minimum of 40 years.’ Or. fr (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009L0148-20190726)
Amendment 104 #
2022/0298(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2009/148/EC
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(6a) In Article 16(1), point c is replaced by the following: (c) workers are provided with appropriate working or protective clothing as well as protective equipment, in particular respiratory equipment, which is subject to a mandatory individual fitting check; this working or protective clothing remains within the undertaking; it may, however, be laundered in establishments outside the undertaking which are equipped for this sort of work if the undertaking does not carry out the cleaning itself; in that event the clothing shall be transported in closed containers; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009L0148-20190726)Or. fr
Amendment 119 #
2022/0298(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2009/148/EC
Article 22b
Article 22b
Amendment 122 #
2022/0298(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 b (new)
Article 1 – paragraph 1 – point 7 b (new)
Directive 2009/148/EC
New Annex 1 b
New Annex 1 b
Amendment 629 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4 a (new)
Article 3 – paragraph 1 – point 4 a (new)
(4a) ‘Protected area’ means a clearly defined geographical space, recognized, dedicated, and managed to achieve the long-term conservation of nature with associated ecosystem services and cultural values.
Amendment 632 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4 b (new)
Article 3 – paragraph 1 – point 4 b (new)
(4 b) ‘Marine protected area’ means a protected area in the marine space, that prohibits industrial activities, including industrial fishing and infrastructure developments. Such areas can include special areas of conservation pursuant to the Habitats Directive, special protection areas pursuant to the Birds Directive, and marine protected areas as agreed by the Union or Member States concerned in the framework of international or regional agreements to which they are parties, as long as they comply with the aforementioned conditions.
Amendment 660 #
2022/0195(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9 a (new)
Article 3 – paragraph 1 – point 9 a (new)
(9a) In accordance with IUCN Resolution WCC-2020-Res-055, ‘industrial fishing’ means, in the context of protected and restored areas, fishing undertaken by motorised vessels above 12 metres long and 6 metres wide, as well as fishing using trawling gears that are dragged or towed across the seafloor or through the water column, and fishing using purse seines and large longlines.
Amendment 962 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. In accordance with the EU Commission Biodiversity Strategy for 2030 (COM/2020/380) and Council conclusions on Biodiversity (11829/20), Member States shall create protected areas in at least 30% of the Union’s sea and ocean areas by 2030.
Amendment 964 #
2022/0195(COD)
1b. Member States shall prohibit industrial fishing, including the use of bottom trawling, towed gear and bottom contact fishing gear in all marine protected areas, areas subject to restoration measures, and restored areas.
Amendment 965 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 1 c (new)
Article 5 – paragraph 1 c (new)
1c. Member States shall ensure that the European Maritime, Fisheries and Aquaculture Fund is used to provide effective support for the transition to more selective and less damaging fishing techniques for marine biodiversity and habitats.
Amendment 967 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 1 d (new)
Article 5 – paragraph 1 d (new)
1d. Member States shall integrate ecological corridors, as part of a true Trans-European Nature Network, in accordance with the EU Commission Biodiversity Strategy for 2030 (COM/2020/380) and Council conclusions on Biodiversity (11829/20).
Amendment 1086 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 a (new)
Article 5 – paragraph 8 a (new)
8a. In order to allow for the rapid restoration of coastal habitats and biodiversity, and to avoid their further deterioration, and in accordance with Article 17 of Regulation (EU) No 1380/2013, Member States shall grant priority access within 12 nautical miles of the coast, measured from the baselines of the territorial waters, to small-scale fishing vessels using passive gear.
Amendment 1089 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 8 b (new)
Article 5 – paragraph 8 b (new)
8b. Consistent with the objective of restoring marine habitats, the physical integrity of ecosystems and species diversity, the use of demersal seine (Danish and Scottish seines) is prohibited to catch or harvest marine species in all Union waters and by Union’s fishing vessels.
Amendment 1132 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 9 a (new)
Article 5 – paragraph 9 a (new)
9a. In order to protect and restore fish populations and marine ecosystem functionality and integrity, Member States shall phase out, by 2027, all fishing methods that capture more than 10% of juvenile fish.
Amendment 1158 #
2022/0195(COD)
Proposal for a regulation
Article 5 – paragraph 10 a (new)
Article 5 – paragraph 10 a (new)
10a. Recognizing that destroying nature is economically and socially irrational and counterproductive, Member States shall use public funds in support of activities with reduced environmental impact, such as reduced energy consumption, biodiversity or habitat damage. Transparent and objective criteria are used for the allocation of public funds.
Amendment 17 #
2022/0051(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In its Communication on a Strong Social Europe for Just Transition75 , the Commission committed to upgrading Europe’s social market economy to achieve a just transition to sustainability. This Directive will also contribute to the European Pillar of Social Rights, in particular social rights related to social dialogue, fair wages and safe work environment, which promotes rights ensuring fair working conditions. It forms part of the EU policies and strategies relating to the promotion of decent work worldwide, including in global value chains, as referred to in the Commission Communication on decent work worldwide76 . This Directive also contributes to the effective implementation of the International Covenant on Economic, Social and Cultural Rights adopted by the UN General Assembly resolution 2200A (XXI), in particular its article 7 related to the right to just and favourable conditions of work __________________ 75 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A Strong Social Europe for Just Transitions (COM/2020/14 final). 76 Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery, COM(2022) 66 final.
Amendment 29 #
2022/0051(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In its Communication on a Strong Social Europe for Just Transition75, the Commission committed to upgrading Europe’s social market economy to achieveing a just transition to sustainability and to taking account of social, gender equality and environmental issues. This Directive will also contribute to the European Pillar of Social Rights, which promotes rights ensuring fair working conditions. It forms part of the EU policies and strategies relating to the promotion of decent work worldwide, including in global value chains, as referred to in the Commission Communication on decent work worldwide76. . _________________ 75 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A Strong Social Europe for Just Transitions (COM/2020/14 final). 76 Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery, COM(2022) 66 final.
Amendment 66 #
2022/0051(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should be carried out with respect to adverse human rights impact on protected persons resulting from the violation of one of the rights and prohibitions as enshrined in the international conventions as listed in the Annex to this Directive. In order to ensure a comprehensive coverage of human rights, a violation of a prohibition or right not specifically listed in that Annex which directly impairs a legal interest protected in those conventions, such as safety and health principles that were added to the Fundamental Principles and Rights at Work of ILO in 2022, should also form part of the adverse human rights impact covered by this Directive, provided that the company concerned could have reasonably established the risk of such impairment and any appropriate measures to be taken in order to comply with the due diligence obligations under this Directive, taking into account all relevant circumstances of their operations, such as the sector and operational context. Due diligence should further encompass adverse environmental impacts resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex to this Directive.
Amendment 66 #
2022/0051(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In line with international standards, prevention and mitigation as well as bringing to an end and minimisation of adverse impacts should primarily take into account the interests of workers and those adversely impacted. In order to enable continuous engagement with the value chain business partner instead of termination of business relations (disengagement) and possibly exacerbating adverse impacts, this Directive should ensure that disengagement is a last-resort action,This Directive should ensure that all appropriate measures are taken to prevent, mitigate and put an end to potential or actual adverse impacts. Termination of business relations (disengagement) should only be a last resort, so as not to risk exacerbating adverse impacts, including in line with the Union`s policy of zero- tolerance on child labour. TerminatingMoreover, the termination of a business relationship does not affect the liability of an undertaking for the actual impacts generated during the relationship. As regards the termination of a business relationship in which child labour was found, disengagement could expose the child to even more severe adverse human rights impacts. Thise interests of children should therefore be taken into account as a first step when deciding on the appropriate action to take to prevent or mitigate such adverse effects. In the case of disengagement, Member States must ensure that reparations include financial compensation, guarantees of non- recurrence and measures to support children’s recovery and reintegration into school.
Amendment 67 #
2022/0051(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should also be carried out with respect to Global Framework Agreements (GFA) the undertaking has signed.
Amendment 74 #
2022/0051(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to ensure that due diligence forms part of companies’undertakings' corporate policies, and in line with the relevant international framework, companie and global framework agreements the undertaking has signed, undertakings should integrate due diligence into all their corporate policies and have in place a due diligence policy. The due diligence policy should contain a description of the companyundertaking’s approach, including in the long term, to due diligence, a code of conduct describing the rules and principles to be followed by the companyundertaking’s employees and subsidiaries; a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. CompanieUndertakings should also update their due diligence policy annually.
Amendment 77 #
2022/0051(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaints directly to them in case of legitimate concerns regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual, civil society organisations and individuals who are affected or have reasonable grounds to believe that they might be affected by an adverse impact. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaints should be entitled to request from the company appropriate follow-up on the complaint and to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint. This access should not lead to unreasonable solicitations of companies.
Amendment 119 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to all companies which are formed in accordance with the legislation of a Member State and which fulfil one of the following conditions:operating in the EU.
Amendment 120 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 126 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 132 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 40 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors:This Directive shall apply to all companies operating in the EU.
Amendment 134 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point i
Article 2 – paragraph 1 – point b – point i
Amendment 137 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
Article 2 – paragraph 1 – point b – point ii
Amendment 141 #
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 companieundertakings regarding actual and potential adverse human rights adverse impacimpacts on human rights, including trade union, workers', social and economic rights and environmental adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the value chain operations carried out by entities with whom the company has an establishedundertaking has a business relationship and
Amendment 141 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii
Article 2 – paragraph 1 – point b – point iii
Amendment 146 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b
Article 1 – paragraph 1 – subparagraph 1 – point b
(b) on liability and sanctions for violations of the obligations mentioned above.
Amendment 147 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b a (new)
Article 1 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) on access to justice and legal remedies to victims for damages suffered in relations to these violations.
Amendment 149 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 152 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not constitute grounds for reducing the level of protection of human rights or of protection of the environment or the protection of the climate provided for by the law of Member States and by collective agreements applicable at the time of the adoption of this Directive.
Amendment 155 #
2022/0051(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall be without prejudice to obligations in the areas of human rights, protection of the environment and climate change under other Union legislative acts and international and European human rights standards as specified in the Annex. If the provisions of this Directive conflict with a provision of another Union legislative act pursuing the same objectives and providing for more extensive or more specific obligations, the provisions of the other Union legislative act shall prevail to the extent of the conflict and shall apply to those specific obligations.
Amendment 158 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to companies which are formed in accordance with the legislation of a Member State and which fulfil one of the following conditall undertakings operating in the Unions:.
Amendment 160 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 500 employees on averaundertaking is a large aund had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been preparedertaking governed by the law of a Member State or established in the territory of the Union;
Amendment 162 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For the purposes of paragraph 1, the number of part-time employees shall be calculated on a full-time equivalent basis. Tthis Directive, part-time employees and temporary agency workers shall be included in the calculation of the number of employees in the same way as if they were workers employed directly for the same period of time by the company.
Amendment 163 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 1 (new)
Article 2 – paragraph 3 – subparagraph 1 (new)
For the purposes of this Directive, full- time employees, part-time employees and temporary agency workers of the company’s subsidiaries should be included in the calculation of the number of workers of a company in the same way as if they were workers employed directly for the same period of time by the company.
Amendment 166 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 40 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or morundertaking operates in one of the following high risk sectors:
Amendment 166 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 8
Article 3 – paragraph 1 – point a – point iv – indent 8
Amendment 170 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point i
Article 2 – paragraph 1 – point b – point i
(i) the manufacture of textiles, wearing apparel, articles of fur, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear;
Amendment 171 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii
Article 2 – paragraph 1 – point b – point iii
(iii) the extraction of mineral resources regardless from where they are extracted (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products)all mining and quarrying activities and mining support service activities, the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products).
Amendment 171 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘adverse human rights impact’ means any adverse impact on protected persons resulting from the violation of onea person or group of people affecting access to one or several of the rights or prohibitions listed in the Annex, Part I Section 1, as enshrinnd established inby the international conventions listed in the Annex, Part I Section 2relevant case-law and work of the competent authorities;
Amendment 173 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii a (new)
Article 2 – paragraph 1 – point b – point iii a (new)
(iiia) the manufacture of coke and refined petroleum products;
Amendment 174 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii b (new)
Article 2 – paragraph 1 – point b – point iii b (new)
(iiib) the manufacture of chemicals and chemical products;
Amendment 175 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii c (new)
Article 2 – paragraph 1 – point b – point iii c (new)
(iiic) the manufacture of rubber and plastic products;
Amendment 176 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii d (new)
Article 2 – paragraph 1 – point b – point iii d (new)
(iiid) the manufacture of weapons and ammunition, including dual-use items, manufacture of military fighting vehicles;
Amendment 177 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii e (new)
Article 2 – paragraph 1 – point b – point iii e (new)
(iiie) the manufacture of computer, electronic and optical products;
Amendment 178 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii f (new)
Article 2 – paragraph 1 – point b – point iii f (new)
(iiif) electric power generation, transmission and distribution;
Amendment 179 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii g (new)
Article 2 – paragraph 1 – point b – point iii g (new)
(iiig) the manufacture of gas and distribution of gas through mains;
Amendment 180 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii h (new)
Article 2 – paragraph 1 – point b – point iii h (new)
(iiih) water collection, treatment and supply;
Amendment 181 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii i (new)
Article 2 – paragraph 1 – point b – point iii i (new)
(iiii) waste collection, treatment and disposal activities;
Amendment 182 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii j (new)
Article 2 – paragraph 1 – point b – point iii j (new)
(iiij) land, water and air transport (except passenger rail transport, interurban, other passenger land transport) and transport via pipelines
Amendment 182 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals or subcontractors, the workers in its value chain, in trade unions and workers’ representatives. Stakeholders may also include: (i) individual and group defenders of human rights, the climate, environmental rights and good governance; (ii) NGOs; (iii) other people, groups, communities or entities whose rights or interests are or could be affected by the products, services and operations of that company, its subsidiaries and/or subcontractors and its business relationships;
Amendment 183 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii k (new)
Article 2 – paragraph 1 – point b – point iii k (new)
(iiik) cargo handling, warehousing and storage;
Amendment 184 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii l (new)
Article 2 – paragraph 1 – point b – point iii l (new)
(iiil) hotels, holiday, short-stay and other similar accommodations;
Amendment 185 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii m (new)
Article 2 – paragraph 1 – point b – point iii m (new)
(iiim) the construction of residential and non-residential buildings, civil engineering;
Amendment 186 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii n (new)
Article 2 – paragraph 1 – point b – point iii n (new)
(iiin) the building, repair and maintenance of ships and boats;
Amendment 187 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii o (new)
Article 2 – paragraph 1 – point b – point iii o (new)
(iiio) private security activities and security systems service activities, including the development and operation of biometrics and surveillance technologies;
Amendment 188 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii p (new)
Article 2 – paragraph 1 – point b – point iii p (new)
(iiip) financial and insurance activities;
Amendment 191 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) has a value chain that extends to a high risk area as defined in article 3;
Amendment 197 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) generated a net turnover of more than EUR 1540 million in the Union in the financial year preceding the last financial year;
Amendment 199 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) generated a net turnover of more than EUR 40 million but not more than EUR 150 million in the Union in the financial year preceding the last financial year, provided that at least 50% of its net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).operates in a high risk sector;
Amendment 199 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a code of conduct describingfining the rules and principles to be followed by the company’s employees and subsidiaries; management board, directors, subsidiaries, subcontractors, and entities with which the company or its subsidiaries have business relationships. The code of conduct shall be designed to guarantee the company respects human rights, the environment and good governance. The unions and stakeholders, as defined in Article 3(1) point (n), should be fully involved in the drawing up of this code of conduct;
Amendment 204 #
2022/0051(COD)
Proposal for a directive
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(ba) has a value chain that extends to a high risk area;
Amendment 205 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes and measures put in place to implement due diligence across the value chain, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationshipsis Directive.
Amendment 206 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) a description of the appropriate measures put in place to address potential or actual adverse impacts identified;
Amendment 208 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the companies update and publish their due diligence policy annuallys soon as they have identified a new potential or actual adverse impact, and at least once per year. These policies shall be accessible and published on the supervisory authority’s website in at least the language of the country of establishment.
Amendment 209 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – introductory part
Article 3 – paragraph 1 – point a – introductory part
(a) ‘company’ means any of the following:undertaking' is defined in Article 3 of the Accounting Directive (2013/34/EU).
Amendment 210 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point i
Article 3 – paragraph 1 – point a – point i
Amendment 211 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point ii
Article 3 – paragraph 1 – point a – point ii
Amendment 212 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iii
Article 3 – paragraph 1 – point a – point iii
Amendment 213 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv
Article 3 – paragraph 1 – point a – point iv
Amendment 215 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 1
Article 3 – paragraph 1 – point a – point iv – indent 1
Amendment 216 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 2
Article 3 – paragraph 1 – point a – point iv – indent 2
Amendment 217 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 3
Article 3 – paragraph 1 – point a – point iv – indent 3
Amendment 218 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 4
Article 3 – paragraph 1 – point a – point iv – indent 4
Amendment 219 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 5
Article 3 – paragraph 1 – point a – point iv – indent 5
Amendment 220 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 6
Article 3 – paragraph 1 – point a – point iv – indent 6
Amendment 220 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying and assessing the adverse impacts referred to in paragraph 1 based on, where appropriate,, companies collect and analyse quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reportsincluding disaggregated data. Companies should use of appropriate resources, including public information and reports, information provided to them and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevtrade unions, workers’ representatives antd stakeholders to gather information on actual or potential adverse impacts. Trade unions and workers’ representatives shall be informed and consulted within good time prior to any decision being taken.
Amendment 221 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 7
Article 3 – paragraph 1 – point a – point iv – indent 7
Amendment 222 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 8
Article 3 – paragraph 1 – point a – point iv – indent 8
Amendment 223 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 9
Article 3 – paragraph 1 – point a – point iv – indent 9
Amendment 224 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 10
Article 3 – paragraph 1 – point a – point iv – indent 10
Amendment 225 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 11
Article 3 – paragraph 1 – point a – point iv – indent 11
Amendment 226 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 12
Article 3 – paragraph 1 – point a – point iv – indent 12
Amendment 227 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 13
Article 3 – paragraph 1 – point a – point iv – indent 13
Amendment 228 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 14
Article 3 – paragraph 1 – point a – point iv – indent 14
Amendment 228 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defineda timelines for actionppropriate measures and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders; with trade unions and workers’ representatives, in consultation with stakeholders. The appropriate measures should apply, where applicable, to a company’s own activities, to its subsidiaries as well as to its direct and indirect business relationships.Companies should, where appropriate: (i) adapt processes, operations and projects; (ii) if necessary, cease processes, operations and projects.
Amendment 229 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 15
Article 3 – paragraph 1 – point a – point iv – indent 15
Amendment 230 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 16
Article 3 – paragraph 1 – point a – point iv – indent 16
Amendment 231 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 17
Article 3 – paragraph 1 – point a – point iv – indent 17
Amendment 232 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 18
Article 3 – paragraph 1 – point a – point iv – indent 18
Amendment 233 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 19
Article 3 – paragraph 1 – point a – point iv – indent 19
Amendment 234 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’ means : (i) any adverse impact on one of the following environmental categories: (a) air, including but not limited to, air pollution (b) water, including but not limited to, water pollution, water contamination and depletion of freshwater; (c) soil, including but not limited to, soil pollution, soil contamination, soil erosion, land use and land degradation; (d) biodiversity, including but not limited to, damage to wildlife, seabed and marine environment, flora, natural habitats and ecosystems; (e) climate, including greenhouse gas emissions; (f) transition to circular economy, including but not limited to, impairment to reusability and recyclability such as contamination of waste streams with hazardous substance; (ii) an adverse impact on the environment resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex, Part II; and Corporate Sustainability Reporting Directive;
Amendment 243 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) ‘business relationship’ means a relationship with a, whether direct or indirect, with a subsidiary, contractor, subcontractor or any other legal entities (‘partner’)
Amendment 251 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 254 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensto address the actual impacts that have been or should have been identified, companies shall be required to develop and implement a correctiveactionplan, accompanied by appropriate measures with reasonable and clearly defined timelines and qualitative and quantitative indicators for measuring improvements. The corrective action plan should be developed in consultation towith the affected communitrade unions, workers’ representatives. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impac and stakeholders. The appropriate measures should apply, where applicable, to the company's activities, to its subsidiaries as well as to its direct and indirect business relationships. If the company is not able to stop or minimise all actual adverse impacts simultaneously, the plan should include a prioritisation strategy that takes into account the level of severity and probability of each actual adverse impact on human rights and the environment;
Amendment 255 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) 'High risk areas' means geographical areas associated with a higher likelihood or severity of adverse impacts on human rights, the environment or good governance. These areas include: (i) areas affected by occupation or armed conflict; (ii) areas affected by systemic adverse impacts on human rights, the environment or good governance, including due to lower protection of human rights, the environment or good governance by public authorities; (iii) environmentally sensitive areas, including high seas and areas protected under national, regional or international standards and legislation, including Natura 2000 and the IUCN Green List of Protected and Conserved Areas;
Amendment 257 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘value chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 261 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end,companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for actionthe implementation of appropriate measures and qualitative and quantitative indicators for measuring improvement. Where relevant, tThe corrective action plan shall be developed in consultation with stakeholdersthe trade unions, workers’ representatives and stakeholders, and should be made public;
Amendment 264 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
Amendment 267 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 269 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
Amendment 270 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point m – point i
Article 3 – paragraph 1 – point m – point i
Amendment 271 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point m – point ii
Article 3 – paragraph 1 – point m – point ii
Amendment 273 #
2022/0051(COD)
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries and its value chain, and other individuals, groups, communities or entities whose rights or interests are or could be affected by the products, services and operations of that company, its subsidiaries and its business relationships;
Amendment 281 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that companieundertakings identify, prevent, mitigate and account for how they address the impacts on human and social rights, the environment and good governance occurring in their value chains. Member States shall ensure that undertakings conduct human rights and environmental due diligence as laid down in Articles 5 to 11 (‘due diligence’) by carrying out the following actions:
Amendment 284 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) preventing and mitigating potential adverse impacts, and bringing actual adverse impacts to an end and minimising their extent in accordance with Articles 7 and 8;
Amendment 286 #
2022/0051(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) addressing actual adverse impacts by mitigating and bringing them to an end in accordance with article 8;
Amendment 291 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that the complaintappeals may be submittraised by:
Amendment 292 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point -a (new)
Article 5 – paragraph 1 – point -a (new)
(-a) a description of the potential or actual adverse impacts identified by the undertaking, with due attention to the international Conventions listed in the Annex ;
Amendment 293 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) a description of the company’s approach, including in the long term, to due diligence and to Global Framework Agreements, if any, signed by the undertaking;
Amendment 294 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a code of conduct describing rules and principles to be followed by the company’s members of executive and management committees, employees and subsidiaries;
Amendment 296 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conductis directive and international conventions listed in the Annex and to extend its application to established business relationships.
Amendment 296 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value chain concerned,
Amendment 301 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the companies update and publish their due diligence policy annually.
Amendment 301 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the value chain concerned.
Amendment 302 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The establishment of a code of conduct in line with relevant Global framework agreements as well as the introduction of responsibility clauses in contractual relationships shall not exonerate the undertakings’ responsibility in actions carried out by its business partners , nor shall it diminish the undertakings’ duty to actively investigate, identify and prevent potential breaches of human rights, in particular social and economic rights, by its business partners’ activities.
Amendment 304 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(c a) whistleblowers, including those outside of the company and the company's subsidiaries.
Amendment 306 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. Due diligence policies, including the code of conduct, shall fully acknowledge and implement International Labour Organization conventions and recommendations.
Amendment 307 #
2022/0051(COD)
Proposal for a directive
Article 5 – paragraph 2 c (new)
Article 5 – paragraph 2 c (new)
2c. Trade unions shall actively participate in the drafting and the implementation of due diligence policies and in particular the applicable code of conduct.
Amendment 308 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainantthose making the appeal and their representatives are entitled:
Amendment 312 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) to requestceive relevant and appropriate written follow-up onfrom the complaint from the companyappeal mechanism with which they have filed a complaint pursuant to paragraph 1, thus providing a substantiated explanation as to whether a complaint has been found to be unfounded or justified; and
Amendment 314 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
Amendment 315 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) to engage with the appeal mechanism directly and meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaintappeal.
Amendment 319 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b a (new)
Article 9 – paragraph 4 – point b a (new)
(b a) to receive guarantees of non- retaliation, confidentiality and anonymity for all affected and potentially affected parties to the appeal;
Amendment 322 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b b (new)
Article 9 – paragraph 4 – point b b (new)
(b b) to receive relevant and timely information on the steps and actions taken with regard to a specific appeal filed with the independent appeal mechanism.
Amendment 326 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 329 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companieundertakings are entitled to make use of appropriate resources, including independent reports and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry outUndertakings shall also carry out effective and meaningful consultations with potentially affected groups at all stages, including workers and otherall relevant stakeholders, in particular trade unions, to gather information on actual or potential adverse impacts.
Amendment 335 #
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, the European Labour Authority and where appropriate with international bodies of the UN, ILO and the Council of Europe having expertise in due diligence, mayust issue guidelines, including for specific sectors, contexts and areas, or specific adverse impacts.
Amendment 337 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and adverse environmental impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 54 of this Article.
Amendment 337 #
2022/0051(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a Review of the competences of the European Labour Authority to include due diligence The European Commission should review the competences of the European Labour Authority with a view to broadening its scope of activity, objectives and tasks and to include due diligence. 2. The European Labour Authority shall assist the Member States and the Commission on matters concerning the effective implementation and enforcement of EU law on due diligence, including: (i) monitoring compliance with due diligence rules by European and non- European companies operating on European territory; (ii) facilitating coordination between Member States; (iii) verifying and monitoring the list of European and non-European companies covered by this directive; (iv) supporting Member States in monitoring the turnover of non-European companies in the European Union; 3. The European Labour Authority may be aided in this task by representatives of supervisory authorities, of trade unions and of workers, as well as stakeholders.
Amendment 346 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
Amendment 354 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point c a (new)
Article 7 – paragraph 2 – point c a (new)
(ca) has in place trading, procurement and purchasing practices that allow business relationships to respect human rights, the environment and good governance when providing goods and services linked to the undertakings’ activities;
Amendment 359 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME; the SME doesn’t have the necessary resources to respect human rights, the environment and good governance in carrying out operations for or on behalf of the undertaking;
Amendment 371 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
The contractual assurances or the contract shall be accompanied by the appropriate measures to verify compliance. For the purposes of verifying compliance, the company may refer to suitable industry initiatives or independent third-party verification.
Amendment 374 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall ensure that undertakings take appropriate measures to mitigate adverse impacts on human rights, the environment or good governance occurring in their value chain. Appropriate measures of mitigation include all appropriate measures to limit ongoing impacts and repair damages that have occurred.
Amendment 375 #
2022/0051(COD)
Proposal for a directive
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4b. Measures of reparation shall be fair, equitable and defined in agreement with relevant stakeholders. The provision of non-judicial remedy shall not prevent right holders' to initiate judicial proceedings in order to access full and adequate reparation.
Amendment 376 #
2022/0051(COD)
Amendment 378 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 6 a (new)
Annex I – Part Première – indent 6 a (new)
- The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families;
Amendment 381 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 11 a (new)
Annex I – Part Première – indent 11 a (new)
- The International Convention for the Protection of All Persons from Enforced Disappearance;
Amendment 382 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 11 b (new)
Annex I – Part Première – indent 11 b (new)
- The Declaration on Human Rights Defenders;
Amendment 383 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 13 a (new)
Annex I – Part Première – indent 13 a (new)
- The ILO Centenary Declaration for the Future of Work (2019);
Amendment 395 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, tThe corrective action plan shall be developed in consultation with stakeholders;
Amendment 396 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 20 a (new)
Annex I – Part Première – indent 20 a (new)
- Convention No 155 on Occupational Safety and Health (1981) and the 2022 Protocol thereto;
Amendment 397 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 20 b (new)
Annex I – Part Première – indent 20 b (new)
- The European Social Charter;
Amendment 398 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 20 c (new)
Annex I – Part Première – indent 20 c (new)
- The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention);
Amendment 399 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 20 d (new)
Annex I – Part Première – indent 20 d (new)
- The Council of Europe Convention on Action against Trafficking in Human Beings,
Amendment 400 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply.
Amendment 400 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 20 e (new)
Annex I – Part Première – indent 20 e (new)
Amendment 401 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 21 a (new)
Annex I – Part Première – indent 21 a (new)
- Convention No 187 on the Promotional Framework for Occupational Safety and Health (2006);
Amendment 403 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 23 a (new)
Annex I – Part Première – indent 23 a (new)
- Convention No 190 on Violence and Harassment (2019);
Amendment 406 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 23 b (new)
Annex I – Part Première – indent 23 b (new)
- Convention No 158 on Termination of Employment (1982);
Amendment 408 #
2022/0051(COD)
Proposal for a directive
Annex I – Part Première – indent 23 c (new)
Annex I – Part Première – indent 23 c (new)
- The European Convention on Human Rights;
Amendment 411 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. As regards actual adverse impacts that could not be brought to an end or adequately mitigated by the measures in paragraph 3, the company mayundertaking shall seek to conclude a contract with a partner with whom it has an indirect relationship, with a view to achieving compliance with the company’s code of conduct or a corrective action plan. When such a contract is concluded, paragraph 5 shall applyis Directive.
Amendment 413 #
2022/0051(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
The contractual assurances or the contract shall be accompanied by the appropriate measures to verify compliance. For the purposes of verifying compliance, the company may refer to suitable industry initiatives or independent third-party verification.
Amendment 447 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint.
Amendment 448 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Undertakings shall facilitate judicial and non-judicial investigations by providing all relevant information for the said investigations linked to potential infringements of the obligations and goals set out in this directive by the undertaking itself or its business partners.
Amendment 449 #
2022/0051(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments. For Member States to be able to carry out investigations, supervise and impose sanctions, taking into account the severity and repeated nature of the infringements, the undertaking shall provide all required information. The Member States and the Commission should ensure that undertakings publish their due diligence strategies on a publicly accessible and centralised platform, supervised by the national competent authorities.
Amendment 496 #
2022/0051(COD)
Proposal for a directive
Article 18 – paragraph 5 – point c
Article 18 – paragraph 5 – point c
(c) to adopt interim measures to avoid the risk of severe and irreparable harm.
Amendment 538 #
2022/0051(COD)
Proposal for a directive
Article 22 – paragraph 5 a (new)
Article 22 – paragraph 5 a (new)
5a. Member States shall ensure that the burden of proof lies on the undertaking.
Amendment 571 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – subheading 1
Annex I – Part I – subheading 1
1. Violations and restrictions of enjoyment of rights and prohibitions included in international and European human rights agreeinstruments
Amendment 572 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – subheading 1 a (new)
Annex I – Part I – subheading 1 a (new)
1a. This includes amongst other the following:
Amendment 576 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – point 21 a (new)
Annex I – Part I – point 21 a (new)
21a. Violation of a prohibition or right covered in ILO convention N°190 or the Istanbul Convention.
Amendment 577 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – point 21 b (new)
Annex I – Part I – point 21 b (new)
21b. Violation or rights to non- discrimination between men and women as expressed in articles 1 and 2 of the CEDAW and article 3 of the ICCPR.
Amendment 578 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – subheading 2 a (new)
Annex I – Part I – subheading 2 a (new)
2a. This includes amongst others the following instruments :
Amendment 579 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 12 a (new)
Annex I – Part I – indent 12 a (new)
— The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families;
Amendment 580 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 12 b (new)
Annex I – Part I – indent 12 b (new)
— the International Convention for the Protection of All Persons from Enforced Disappearance;
Amendment 581 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 12 c (new)
Annex I – Part I – indent 12 c (new)
— UN Declaration on Human Rights Defenders;
Amendment 582 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 13
Annex I – Part I – indent 13
— The International Labour Organization’s Declaration on Fundamental Principles and Rights at Work, including the right to safe and healthy working environment;
Amendment 583 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 23 a (new)
Annex I – Part I – indent 23 a (new)
— ILO Centenary Declaration for the Future of Work, 2019
Amendment 584 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 23 b (new)
Annex I – Part I – indent 23 b (new)
— Occupational Safety and Health Convention, 1981 (No. 155) and its 2002 Protocol.
Amendment 585 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 23 c (new)
Annex I – Part I – indent 23 c (new)
— Promotional Framework for Occupational Safety and Health Convention,2006 (No. 187)
Amendment 586 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 23 d (new)
Annex I – Part I – indent 23 d (new)
— Violence and Harassment Convention, 2019 (No. 190)
Amendment 587 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 23 e (new)
Annex I – Part I – indent 23 e (new)
— Termination of Employment Convention, 1982 (No. 158)
Amendment 588 #
2022/0051(COD)
Proposal for a directive
Annex I – Part I – indent 23 f (new)
Annex I – Part I – indent 23 f (new)
— European Convention of Human Rights (ECHR) European Social Charter (revised) (ESC) Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’) Convention on Action against Trafficking in Human Beings Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data
Amendment 27 #
2022/0033(NLE)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The Joint Undertaking should have clear and identifiable social and environmental added value across the Union.
Amendment 28 #
2022/0033(NLE)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3 b) In order to achieve the greatest possible positive impact of Union funding and the most effective contribution to general interest, the Chips Fund should guarantee open-source results or proportionate public ownership of intellectual property rights.
Amendment 34 #
2022/0033(NLE)
Proposal for a regulation
Recital 5
Recital 5
(5) The Initiative aims to reinforce the competitiveness and resilience of theEuropean semiconductor technological and industrial base, whilst strengthening the innovation capacity of its semiconductor ecosystemosystem, including manufacturing capacities, reducing dependence on a limited number of third country companies and geographies, and strengthening its capacity to design and produce advanced components. These aims should be supported by bridging the gap between the Union’s advanced research and innovation capabilities and their industrial exploitation. It should promote capacity building to enable design, production 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 marketsambitious social and environmental objectives throughout the Union.
Amendment 45 #
2022/0033(NLE)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) The Initiative should pay particular attention to the development of sustainable practices in the manufacturing of chips in Europe. Comprehensive monitoring and due diligence requirements at all stages of the value chain should allow on one hand to curb, limit and to nullify the negative environmental impact, while on the other hand guaranteeing quality employment, avoid social dumping and ensure respect of International Labour Organisation conventions.
Amendment 46 #
2022/0033(NLE)
Proposal for a regulation
Recital 7
Recital 7
(7) The activities funded by the Chips Joint Undertaking should be covered in one single work programme, which should be adopted by the Governing Board. Before each work programme is prepared, the Public Authorities Board, taking into account the advice of the European Semiconductor Board and input from other relevant stakeholders, including as appropriate, trade unions and roadmaps produced by the Alliance on Processors and Semiconductor Technologies26 , should define the part of the work programme related to capacity building activities and research and innovation activities, including their corresponding expenditure estimates. For this purpose, the Public Authorities Board should include only the Commission and public authorities from Member States. Subsequently, on the basis of this definition, the Executive Director should prepare the work programme including capacity building and research and innovation activities and their corresponding expenditure estimates. _________________ 26 The Alliance is referred to in the Communication from the Commission of 5 May 2021 on ‘Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery’.
Amendment 52 #
2022/0033(NLE)
Proposal for a regulation
Recital 8
Recital 8
(8) When the Governing Board adopts the work programme, the voting rights for the part of the work programme related to capacity building should be limited to the Commission and Member States only. The voting rights for the part of the work programme related to R&I activities should be equally shared between the Commission, and the Participating States, and the private members. In the event that a decision on one of the two parts of the work programme cannot be reached, the work programme should be adopted including only the part on which a positive decision has been reached.
Amendment 86 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2021/2085
Article 128 – Paragraph 5
Article 128 – Paragraph 5
5. The Union financial contribution referred to in paragraph 1 point (b) shall be used for capability building for pilot lines and design infrastructures across the whole Union giving priority and preference to public or non-profit entities.
Amendment 88 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2021/2085
Article 133 – Paragraph 3a
Article 133 – Paragraph 3a
3a. The Governing Board shall solely include the Commission and public authorities from Member States when voting on the part of the work programme related to capacity building activities. The Commission shall hold 50% of the voting rights. Paragraphs 2 and 3 shall apply mutatis mutandis to the voting rights of the Member States.
Amendment 90 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2021/2085
Article 133a – Paragraph 3a (new)
Article 133a – Paragraph 3a (new)
3 a. Public spending and support shall always ensure a fair return on investment, including commensurate public ownership of process, IP and/or end- products, and ensure strong liability obligations, including stringent environmental and social conditionalities.
Amendment 92 #
2022/0033(NLE)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point a
Article 1 – paragraph 1 – point 15 – point a
Regulation (EU) 2021/2085
Article 137 – Paragraph 1 – point f
Article 137 – Paragraph 1 – point f
(f) before each work programme is prepared, define the part of the work programme related to capacity building activities and research and innovation activities, including the corresponding expenditure estimates, taking into account the advice of the European Semiconductor Board and input from other relevant stakeholders, including as appropriate, trade unions and roadmaps produced by the Alliance on Processors and Semiconductor Technologies;